Journal of the Senate

SECOND REGULAR SESSION


SIXTY-SIXTH DAY--THURSDAY, MAY 2, 1996


     The Senate met pursuant to adjournment.

     Senator Wiggins in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, the prayers of many of Your children in the world today are for food for the day, clothes to wear, and shelter and peace. The prayers of Your children in this great nation are of thanksgiving. We pray that when Your people get off their knees today they will find someone who needs them and help him. 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
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesTreppler
WestfallWiggins--34
Absent with leave--Senators--None
The Lieutenant Governor was present.
     

RESOLUTIONS

     Senator Quick offered Senate Resolution No. 1344, regarding Robert and Alberta Baker, Gladstone, which was adopted.

     Senator Singleton offered Senate Resolution No. 1345, regarding Home Education Week, which was adopted.

     Senator Lybyer offered Senate Resolution No. 1346, regarding Jonathan Hayes, which was adopted.

     Senators Wiggins and DePasco offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1347

     WHEREAS, the Members of the Missouri Senate have learned that George E. Powell, Jr. has announced his retirement as Chairman of the Board of the Yellow Corporation, Kansas City; and

     WHEREAS, Mr. Powell was born in 1926 in Kansas City, graduated from Southwest High School and attended Northwestern University in Evanston, Illinois; and

     WHEREAS, from 1944 to 1946 Mr. Powell served his country in the United States Navy, first as an air crewman and later with the Air Transport Service; and

     WHEREAS, Mr. Powell entered the Motor Freight Industry in 1947 when he joined Riss and Company, Incorporated, a large Kansas City based carrier, being elected Secretary/Treasurer of the Company after serving three years as auditor; and

     WHEREAS, in 1951, Mr. Powell joined his father in leading a group of investors which filed reorganization plans for Yellow, then in bankruptcy, enabling them to take over the company in May, 1952, with Mr. Powell being appointed Assistant General Manager, and later named Vice President, and in 1957 elected President, where he served until 1968, when he was elected Chairman of the Board of Directors and Chief Executive Officer; and

     WHEREAS, Mr. Powell has been an outstanding Civic Leader in Kansas City where he is past chairman and is current board member of the Kansas City Symphony, a member of the Board of Directors of Butler Manufacturing Company, a trustee on the Midwest Research Institute Board and an associate trustee of the Nelson Gallery Foundation, was the recipient of the 1989 Joseph C. Scheleen Award from the American Society of Transportation and Logistics and in April, 1990, the Harry E. Salzberg Memorial Medallion from Syracuse University;

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate pause in their deliberations to salute the outstanding achievements of George E. Powell, Jr. in business and in civic affairs, express their appreciation for his lifetime of good citizenship, and his contributions to Kansas City and to Missouri, and to America and on the occasion of his retirement extend to George E. Powell, Jr., and his wife, Mrs. Mary Catherine Kuehn Powell, best wishes for many long years continued good health, success and happiness; and

     BE IT FURTHER RESOLVED, that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for Mr. George E. Powell, Jr. and Yellow Corporation.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on State Budget Control, to which were referred SCS for SB 482; SB 781; and HB 905, with SCA 1, begs leave to report that it has considered the same and recommends that the bills do pass.

BILL REFERRALS

     President Pro Tem Mathewson referred SB 523 to the Committee on State Budget Control.

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 was referred SCS for SB 504, 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 was referred SR 1326, begs leave to report that it has considered the same and recommends that the resolution do pass.

THIRD READING OF SENATE BILLS

     SCS for SB 482, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 482

     An Act to repeal section 476.405, RSMo 1994, relating to circuit clerks, and to enact in lieu thereof two new sections relating to the same subject.

     Was taken up by Senator Melton.

     On motion of Senator Melton, SCS for SB 482 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KinderKlarichLybyerMathewson
MaxwellMcKennaMeltonMoseley
MuellerRohrbachRussellSchneider
ScottSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senators
KenneyQuick--2
Absent--Senator Curls--1
Absent with leave--Senators--None
     The President declared the bill passed.

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

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

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

     SB 781, introduced by Senators Banks and McKenna, entitled:

     An Act to repeal section 221.105, RSMo Supp. 1995, relating to the boarding of prisoners, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up by Senator Banks.

     On motion of Senator Banks, SB 781 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksCaskeyClayCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KinderKlarichLybyerMathewson
MaxwellMcKennaMeltonMoseley
MuellerQuickRussellSchneider
ScottSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senators
BentleyKenneyRohrbach--3
Absent--Senators--None
Absent with leave--Senators--None
     The President declared the bill passed.

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

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

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

     SB 505, introduced by Senator Lybyer, entitled:

     An Act to repeal section 67.641, RSMo 1994, relating to convention and sports complex funding, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up.

     On motion of Senator Lybyer, SB 505 was read the 3rd time and passed by the following vote:

Yeas--Senators
CaskeyDePascoFlotronGoode
GravesHowardKenneyKinder
KlarichLybyerMathewsonMaxwell
MeltonMoseleyMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesWestfall--23
Nays--Senators
BentleyClayCurlsEhlmann
HouseMcKennaScottTreppler
Wiggins--9
Absent--Senators
BanksJohnson--2
Absent with leave--Senators--None
     The President declared the bill passed.

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

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

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

     SCS for SB 514, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 514

     An Act to amend chapter 577, RSMo, relating to public safety offenses, by adding thereto one new section relating to leaving the scene of an accidental shooting, with penalty provisions.

     Was taken up by Senator Singleton.

     On motion of Senator Singleton, SCS for SB 514 was read the 3rd time and passed by the following vote:

Yeas--Senators
BentleyCaskeyClayCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMelton
MoseleyMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesTrepplerWestfall
Wiggins--33
Nays--Senators--None
Absent--Senator Banks--1
Absent with leave--Senators--None
     The President declared the bill passed.

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

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

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

     SCS for SBs 515 and 584, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 515 and 584

     An Act to repeal sections 58.451, 58.720, 194.220 and 194.233, RSMo 1994, and section 194.240, RSMo Supp. 1995, relating to anatomical gifts, and to enact in lieu thereof five new sections relating to the same subject.

     Was taken up by Senator Singleton.

     On motion of Senator Singleton, SCS for SBs 515 and 584 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesTrepplerWestfall
Wiggins--33
Nays--Senators--None
Absent--Senator Scott--1
Absent with leave--Senators--None
     The President declared the bill passed.

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

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

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

     SB 549, introduced by Senator Sims, entitled:

     An Act to repeal section 82.210, RSMo 1994, relating to constitutional charter cities, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up.

     On motion of Senator Sims, SB 549 was read the 3rd time and passed by the following vote:

Yeas--Senators
BentleyCaskeyClayCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMelton
MoseleyMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesTrepplerWestfall
Wiggins--33
Nays--Senators--None
Absent--Senator Banks--1
Absent with leave--Senators--None
     The President declared the bill passed.

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

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

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

     SB 787, introduced by Senator DePasco, entitled:

     An Act to repeal section 42.007, RSMo 1994, relating to the Missouri veterans' commission, and to enact one new section relating to the same subject.

     Was taken up.

     On motion of Senator DePasco, SB 787 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMeltonMoseley
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesTrepplerWestfallWiggins--32
Nays--Senators--None
Absent--Senators
HouseMcKenna--2
Absent with leave--Senators--None
     The President declared the bill passed.

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

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

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

     SCS for SB 713, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 713

     An Act to repeal sections 58.451 and 58.720, RSMo 1994, relating to duties of coroners, and to enact two new sections relating to the same subject.

     Was taken up by Senator Goode.

     On motion of Senator Goode, SCS for SB 713 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMelton
MoseleyMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonTrepplerWestfallWiggins--32
Nays--Senators--None
Absent--Senators
McKennaStaples--2
Absent with leave--Senators--None
     The President 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 Curls moved that motion lay on the table, which motion prevailed.

     SB 805, introduced by Senator Curls, entitled:

     An Act to repeal section 640.220, RSMo 1994, relating to scholarships to increase minority student enrollment in environmentally related courses of study, and to enact in lieu thereof two new sections relating to the same subject.

     Was taken up.

     Senator Schneider requested unanimous consent of the Senate for the Committee on Judiciary to meet while the Senate is in session, which request was granted.

     President Wilson assumed the Chair.

     On motion of Senator Curls, SB 805 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoGoodeHoward
JohnsonLybyerMathewsonMaxwell
McKennaMoseleyMuellerQuick
RohrbachSchneiderScottSims
StaplesTrepplerWestfallWiggins--24
Nays--Senators
EhlmannFlotronGravesHouse
KinderKlarichMeltonRussell
Singleton--9
Absent--Senator Kenney--1
Absent with leave--Senators--None
     The President declared the bill passed.

     Senator Johnson assumed the Chair.

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

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

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

     SB 836, introduced by Senator Quick, entitled:

     An Act to repeal sections 362.471, 427.041, 443.130, 456.500, 456.520 and 456.600, RSMo 1994, and section 361.160, RSMo Supp. 1995, relating to certain financial transactions, and to enact in lieu thereof twelve new sections relating to the same subject.

     Was taken up.

     On motion of Senator Quick, SB 836 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsEhlmannFlotronGoode
GravesHouseHowardJohnson
KinderKlarichLybyerMathewson
MaxwellMcKennaMeltonMoseley
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesTrepplerWestfallWiggins--32
Nays--Senator DePasco--1
Absent--Senator Kenney--1
Absent with leave--Senators--None
     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 Banks moved that motion lay on the table, which motion prevailed.

     SB 804, introduced by Senator Moseley, entitled:

     An Act to repeal sections 288.050, 288.070, 288.100, 288.110, 288.113, 288.130, 288.140, 288.160, 288.190 and 288.200, RSMo 1994, and sections 288.030, 288.032 and 288.036, RSMo Supp. 1995, relating to streamlining of employment security programs and services, and to enact thirteen new sections relating to the same subject, with a delayed effective date for a certain section.

     Was taken up.

     On motion of Senator Moseley, SB 804 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKinderKlarichLybyer
MathewsonMaxwellMcKennaMelton
MoseleyMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesTrepplerWestfall
Wiggins--33
Nays--Senators--None
Absent--Senator Kenney--1
Absent with leave--Senators--None
     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 Melton moved that motion lay on the table, which motion prevailed.

     At the request of Senator Melton, SB 784 was placed on the Informal Calendar.

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 adopted the Conference Committee Report on SCS for HB 1466 and has taken up and passed CCS for SCS for HB 1466.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SS for SCS for SB 507.

     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 703.

     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 HCS for SB 780, entitled:

     An Act to repeal sections 386.020, 386.110, 386.210, 386.255, 386.310, 386.320, 386.330, 386.340, 386.350, 386.370, 386.410, 387.010, 387.020, 387.030, 387.040, 387.050, 387.060, 387.070, 387.080, 387.090, 387.100, 387.110, 387.111, 387.120, 387.130, 387.140, 387.150, 387.160, 387.170, 387.180, 387.190, 387.200, 387.210, 387.220, 387.230, 387.240, 387.250, 387.260, 387.270, 387.280, 387.290, 387.300, 387.310, 387.320, 387.330, 387.340, 387.350, 387.360, 387.370, 387.380, 387.390, 387.400, 389.610, 390.150, 508.070 and 622.010, RSMo 1994, relating to transportation regulation, and to enact in lieu thereof ninety-seven new sections relating to the same subject, with penalty provisions.

     With House Amendments Nos. 1, 2 and 3.

HOUSE AMENDMENT NO. 1

     Amend House Committee Substitute for Senate Bill No. 780, Page 66, Section 2, Line 12, by deleting the word "wholly" and inserting in lieu thereof the word "only", and

     Further amending House Committee Substitute for Senate Bill No. 780, page 70, section 12, line 9, by deleting the word "wholly" and inserting in lieu thereof, the word "only".

HOUSE AMENDMENT NO. 2

     Amend House Committee Substitute for Senate Bill No. 780, Page 71, Section 13, Line 25, by inserting immediately following said line, the following section:

     "Section 14. 1. For the purposes of assisting in the planning, acquisition, development and construction of transportation facilities other than highways in this state, there is hereby created in the state treasury a fund known as the "State Transportation Assistance Revolving Fund". The fund shall receive all moneys which may be appropriated or otherwise credited to it by the general assembly and shall also receive any gifts, contributions, grants or bequests received from federal, private or other sources.

     2. The state transportation assistance revolving fund shall be administered by the state highways and transportation commission which shall have the power to loan moneys in the fund to any political subdivision of the state or to any public or private not for profit organization or entity for:

     (1) the planning, acquisition, development and construction of facilities for transportation by air, water, rail or mass transit;

     (2) the purchase of vehicles for the transportation of elderly or handicapped persons; or

     (3) the purchase of rolling stock for transit purposes.

No funds provided by this section shall be used for the payment of the operating expenses of such transportation facilities or for the construction or maintenance of state highways.

     3. The state highways and transportation commission, by rule, shall establish the procedures, conditions and repayment terms applicable to any loans or grants made under this section. An application fee or other charges may be assessed by the commission. Loans made under this section may be interest bearing or interest free.

     4. Loaned funds and the interest, if any, accrued thereon which are repaid to the state highways and transportation commission shall be deposited in the state treasury to the credit of the state transportation assistance revolving fund and may be used by the commission for other eligible projects under this section.

     5. Any balance in the state transportation assistance revolving fund remaining at the end of an appropriation period shall not be transferred to the general revenue fund and the provisions of section 33.080, RSMo, shall not apply to the fund. All interest earned upon the balance in the state transportation assistance revolving fund shall be deposited to the credit of the same fund."; and

     Further amend said bill by amending the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 3

     Amend House Committee Substitute for Senate Bill No. 780, Page 70, Section 13, Lines 3 and 4, by deleting all of said lines and renumbering the remainder of the section.

     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 952.

     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 HCS for SS for SCS for SB 494, entitled:

     An Act to repeal sections 214.270, 362.119, 473.020, 473.033, 473.050, 473.070, 473.090, 473.093, 473.097, 473.213, 473.360, 473.433, 473.543, 473.657, 473.663, 473.823, 473.840, 474.010, 474.250, 474.260, 474.290, 474.333 and 537.021, RSMo 1994, relating to the administration of estates, and to enact twenty- four new sections relating to the same subject, with an emergency clause.

     With House Amendments Nos. 1 and 2.

HOUSE AMENDMENT NO. 1

     Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 494, Page 1, In the Title, Line 3, by inserting after the number "473.213," the following: "473.233,"; and

     Further amend said bill, Page 1, In the Title, Line 5, by deleting the word "twenty-four" and inserting in lieu thereof the word "twenty-five"; and

     Further amend said bill, Page 1, Section A, Line 2, by inserting after the number "473.213," the following: "473.233,"; and

     Further amend said bill, Page 1, Section A, Line 4, by deleting the word "twenty- four" and inserting in lieu thereof the word "twenty-five"; and

     Further amend said bill, Page 1, Section A, Line 2, by inserting after the figure "473.213," the following: "473.233,"; and

     Further amend said bill, Page 12, Section 473.213, Line 3, by inserting after all of said line the following:

     "473.233. 1. Within thirty days after letters are granted, unless a longer time is granted by the court, the personal representative shall make and return an inventory and appraisement, in one written instrument, of all of the property of the decedent, including exempt property, which comes to his possession or knowledge, a statement of all encumbrances, liens, and other charges on any item, and all other property possessed by decedent at the time of his death. The property shall be classified therein as follows:

     (1) Real property, with plat or survey description and the street address or approximate direction and distance from any city or town, and the popular name thereof, if any;

     (2) Furniture, household goods, and wearing apparel, but no detailed appraisement or listing of the items thereof is required;

     (3) Corporate stocks described by name, number of shares, class of stock;

     (4) Mortgages, bonds, notes, and other written evidences of debt, together with interest due thereon, described by name of debtor, recording data, and other identification;

     (5) Bank accounts, insurance policies payable to the personal representative, and money;

     (6) All other personal property accurately identified, including a statement of the decedent's proportionate share in any partnership and of its net value as shown in the inventory required by section 473.220. No detailed appraisement or listing of the assets of the partnership property is required in the inventory filed by the personal representative;

     (7) All property possessed but not owned by the decedent at his death shall be listed in the inventory, but separately from other property, together with a statement as to the knowledge of the personal representative as to its ownership.

     2. At any time when it appears necessary, the judge or clerk may authorize the personal representative to employ a qualified and disinterested appraiser to assist him in ascertaining the fair market value, as of the date of the decedent's death, of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The name and address of any appraiser shall be indicated on the inventory with the item or items he appraised.".

HOUSE AMENDMENT NO. 2

     Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 494, Page 2, Section 214.270, Line 16, by deleting the following:

     "Directors and director's family within the third degree of affinity or consanguinity shall not be employed by the cemetery association.".

     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 adopted SCS, as amended, and has again taken up and passed SCS for HCS for HBs 904, 788 and 966.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 895 and HB 986 and has taken up and passed CCS for SCS for HCS for HB 895 and HB 986.

     Emergency clause adopted.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HB 1097 and has taken up and passed CCS for SCS for HB 1097.

     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 HCS for HB 1172, entitled:

     An Act to repeal sections 144.020 and 144.140, RSMo 1994, relating to sales taxation, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause.

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

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 SS for SB 521; SJR 29; and SS for SCS for SB 507, begs leave to report that it has examined the same and finds that the bills and joint resolution have been duly enrolled and that the printed copies furnished the Senators are correct.

     President Pro Tem Mathewson assumed the Chair.

SIGNING OF BILLS

     The President Pro Tem announced that all other business would be suspended and SS for SB 521; SS for SCS for SB 507; and SJR 29, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bills and joint resolution would be signed by the President Pro Tem to the end that they may become law. No objections being made, the bills and joint resolution were so read by the Secretary and signed by the President Pro Tem.

PRIVILEGED MOTIONS

     Senator Ehlmann, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 895 and HB 986, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 895 AND

HOUSE BILL NO. 986

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 895 and House Bill No. 986, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Committee Substitute for House Bill No. 895 and House Bill No. 986;

     2. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 895 and House Bill No. 986;

     3. That the attached Conference Committee Substitute be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Steve Ehlmann       /s/ Bill Luetkenhaus

/s/ Larry Rohrbach      /s/ Pat Dougherty

/s/ Harold L.Caskey      /s/ D.R. Kissell

/s/ Jim Mathewson      /s/ Emmy McClelland

/s/ Ted House      /s/ Cindy Ostmann

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

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GravesHouseHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMeltonMoseley
QuickRohrbachRussellScott
SimsSingletonStaplesTreppler
WestfallWiggins--30
Nays--Senators--None
Absent--Senators
GoodeMcKennaMuellerSchneider--4
Absent with leave--Senators--None
     On motion of Senator Ehlmann, CCS for SCS for HCS for HB 895 and HB 986, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 895 AND

HOUSE BILL NO. 986

     An Act to repeal section 302.272, RSMo 1994, section 302.272 as truly agreed to and finally passed by the second regular session of the eighty-eighth general assembly in senate bill no. 522, and section 302.272 as truly agreed to and finally passed by the second regular session of the eighty-eighth general assembly in house bill no. 1441, relating to school bus operator permits, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause.

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

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMelton
MoseleyQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesTrepplerWestfallWiggins--32
Nays--Senators--None
Absent--Senators
McKennaMueller--2
Absent with leave--Senators--None
     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMelton
MoseleyQuickRohrbachRussell
SchneiderSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senators--None
Absent--Senators
McKennaMueller--2
Absent with leave--Senators
Scott--1
     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 Bentley moved that motion lay on the table, which motion prevailed.

     Senator Wiggins resumed the Chair.

     Senator Bentley, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HB 1097, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1097

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for House Bill No. 1097, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Bill No. 1097;

     2. That the Senate recede from its position on Senate Committee Substitute for House Bill No. 1097;

     3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Bill No. 1097 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Roseann Bentley      /s/ Craig Hosmer

/s/ Betty Sims      /s/ Chuck Wooten

/s/ John E. Scott      /s/ Mike Schilling

/s/ Bill McKenna      /s/ Connie Wible Murray

/s/ Joe Moseley      /s/ Phil Smith

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

Yeas--Senators
BanksBentleyCaskeyDePasco
EhlmannFlotronGoodeGraves
HouseHowardJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMeltonMoseleyQuick
RohrbachRussellSchneiderSims
SingletonStaplesTrepplerWestfall
Wiggins--29
Nays--Senators--None
Absent--Senators
ClayCurlsMcKennaMueller--4
Absent with leave--Senator Scott--1
     On motion of Senator Bentley, CCS for SCS for HB 1097, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1097

     An Act to repeal section 190.305, RSMo 1994, relating to emergency response services, and to enact in lieu thereof two new sections relating to the same subject.

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

Yeas--Senators
BanksBentleyCaskeyDePasco
EhlmannFlotronGoodeGraves
HouseHowardJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMeltonMoseleyQuick
RohrbachRussellSchneiderSims
SingletonStaplesTrepplerWestfall
Wiggins--29
Nays--Senators--None
Absent--Senators
ClayCurlsMcKennaMueller--4
Absent with leave--Senator Scott--1
     The President declared the bill passed.

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

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

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

     Senator DePasco, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HB 1466, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1466

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for House Bill No. 1466, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Bill No. 1466;

     2. That the Senate recede from its position on Senate Committee Substitute for House Bill No. 1466;

     3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Bill No. 1466 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Ronnie DePasco       /s/ Henry Rizzo

/s/ Sidney Johnson      /s/ Ken Legan

/s/ Morris Westfall      /s/ Rodger Fitzwater

/s/ Walt Mueller      /s/ T. Mark Elliott

Jim Mathewson      /s/ Wayne Crump

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

Yeas--Senators
BanksBentleyCaskeyClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMeltonMoseley
QuickRohrbachRussellSchneider
SimsSingletonStaplesTreppler
WestfallWiggins--30
Nays--Senators--None
Absent--Senators
CurlsMcKennaMueller--3
Absent with leave--Senator Scott--1
     On motion of Senator DePasco, CCS for SCS for HB 1466, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1466

     An Act to repeal sections 144.010 and 144.030, RSMo Supp. 1995, relating to sales tax exemptions, and to enact in lieu thereof two new sections relating to the same subject.

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

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMelton
MoseleyQuickRohrbachRussell
SchneiderSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senators--None
Absent--Senators
McKennaMueller--2
Absent with leave--Senators
Scott--1
     The President declared the bill passed.

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

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

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

     Senator Quick moved that the Senate refuse to concur in HCS for SB 914 and request the House to recede from its position or, failing to do so, grant the Senate a conference thereon, which motion prevailed.

THIRD READING OF SENATE BILLS

     SB 685, introduced by Senator Caskey, entitled:

     An Act to amend chapter 104, RSMo, relating to retirement, by adding one new section relating to the same subject.

     Was taken up.

     On motion of Senator Caskey, SB 685 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KinderKlarichLybyerMathewson
MaxwellMeltonMoseleyQuick
RussellSchneiderSimsSingleton
StaplesTrepplerWestfallWiggins--28
Nays--Senators
KenneyRohrbach--2
Absent--Senators
CurlsMcKennaMueller--3
Absent with leave--Senator Scott--1
     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 Howard moved that motion lay on the table, which motion prevailed.

     SCS for SBs 604, 666 and 816, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 604, 666 and 816

     An Act to repeal sections 337.030, 337.045 and 337.505, RSMo 1994, and sections 337.020 and 337.050, RSMo Supp. 1995, relating to professional licensing of psychologists and professional counselors, and to enact one new section relating to the same subject.

     Was taken up by Senator Howard.

     On motion of Senator Howard, SCS for SBs 604, 666 and 816 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
DePascoFlotronGoodeGraves
HouseHowardJohnsonLybyer
MathewsonMaxwellMoseleyQuick
SchneiderSimsStaplesTreppler
WestfallWiggins--22
Nays--Senators
EhlmannKenneyKinderKlarich
MeltonRohrbachRussellSingleton--8
Absent--Senators
CurlsMcKennaMueller--3
Absent with leave--Senator Scott--1
     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 Clay moved that motion lay on the table, which motion prevailed.

     SCS for SB 524, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 524

     An Act to repeal sections 317.001, 317.006 and 317.011, RSMo 1994, relating to boxing and wrestling and to enact in lieu thereof seven new sections relating to the same subject.

     Was taken up by Senator Clay.

     On motion of Senator Clay, SCS for SB 524 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJohnson
KlarichLybyerMathewsonMaxwell
MeltonMoseleyQuickRohrbach
RussellSchneiderSimsSingleton
StaplesTrepplerWestfallWiggins--28
Nays--Senators
KenneyKinder--2
Absent--Senators
CurlsMcKennaMueller--3
Absent with leave--Senator Scott--1
     The President declared the bill passed.

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

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

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

     SB 489, introduced by Senator Banks, entitled:

     An Act to repeal section 217.345, RSMo Supp. 1995, relating to youth offender programs, and to enact in lieu thereof two new sections relating to the same subject.

     Was taken up.

     On motion of Senator Banks, SB 489 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
DePascoEhlmannFlotronGoode
GravesHouseJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMeltonMoseleyQuick
RohrbachRussellSchneiderSims
SingletonStaplesTrepplerWestfall
Wiggins--29
Nays--Senators--None
Absent--Senators
CurlsHowardMcKennaMueller--4
Absent with leave--Senators
Scott--1
     The President declared the bill passed.

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

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

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

REPORTS OF STANDING COMMITTEES

     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:

     Joe E. Maxwell and Joy L. Osbourn, as members of the Missouri Training and Employment Council;

     Also,

     Douglas W. Burnett, as a member of the State Tax Commission;

     Also,

     Albert J. Elfrank, as a member of the Missouri Agricultural and Small Business Development Authority;

     Also,

     Jewel L. Hunter, as a member of the Missouri Health and Educational Facilities Authority;

     Also,

     Geraldine W. Johnson, as a member of the Missouri Commission on Human Rights;

     Also,

     Marjorie B. Schramm, as a member of the Seismic Safety Commission;

     Also,

     Tracy G. Spencer, as a member of the Workers' Compensation Determination Review Board;

     Also,

     Deborah Ann Depew, D.O., as a member of the State Board of Registration for the Healing Arts;

     Also,

     Bill M. Burch, as a member of the Missouri Development Finance Board;

     Also,

     William W. Zielonko, as a member of the Missouri Higher Education Loan Authority;

     Also,

     Kenneth R. Hensley and Robert J. Mayfield, as members of the State Lottery Commission;

     Also,

     Lynn C. Tatlow, as a member of the Missouri State Council on Vocational Education;

     Also,

     David Alan Day and Michael W. Chappelow, as members of the Hazardous Waste Management Commission of the State of Missouri;

     Also,

     Ford W. Hughes, as a member of the Land Reclamation Commission.

     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 Pro Tem Mathewson resumed the Chair.

     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 HS for HCS for HBs 1207, 1288, 1408 and 1409, 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 Agriculture and Local Government, to which was referred HS for HCS for HB 1237, 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 HB 809, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 809, Page 1, In the Title, Line 2, by striking "licensing of certain emergency personnel" and inserting in lieu thereof the following: "ambulance operators"; and further on line 3 of the title, by inserting immediately after the word "subject" the following: ", with an emergency clause"; and

     Further amend said bill, page 1, section 190.145, line 2, by striking the opening and closing brackets "[ ]" around the word "he" and by striking the boldfaced words on said line; and further on line 3, by inserting at the end of said line, the following: "The director of the department of health may authorize investigations into criminal and driving records in other states for any applicant."; and further on lines 5 and 6, by striking the opening and closing brackets "[ ]" around the word "he" and by striking the boldfaced words on said lines; and further on page 2, line 20, by striking the opening and closing brackets "[ ]" around the word "he"; and further by striking the words "the person" on said line; and further on said line by inserting immediately after the word "valid" the following: "motor vehicle"; and further on said line by striking the words "or chauffeur's" and further on line 21, by striking the opening bracket "["; and further on said line by striking the closing bracket "]" and inserting in lieu thereof the following: "or another state"; and

     Further amend said section, page 2, line 29, by inserting immediately after said line, the following:

     "Section B. Because of the need to retain ambulance drivers currently operating in Missouri, 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 this act shall be in full force and effect upon its passage and approval.".

     Senator Curls, Chairman of the Committee on Insurance and Housing, submitted the following report:

     Mr. President: Your Committee on Insurance and Housing, to which was referred HB 979, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 979, Page 1, Section 140.722, Line 1, by inserting immediately after the word "valid" the word "recorded"; and further on line 2, striking the words "or in use"; and

     Further amend said bill, page 1, section 141.202, line 1, by inserting immediately after the word "valid" the word "recorded"; and further on line 2, by striking the words "or in use".

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

     Mr. President: Your Committee on Education, to which was referred HCS for HBs 1376 and 1501, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     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 HS for HB 1368, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, 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 1362, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Judiciary, to which was referred HS for HCS for HBs 1320, 981, 1042, 1109 and 1250, 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 HCS for HBs 1159, 842 and 799, 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 HCS for HB 999, 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 HS for HCS for HBs 1169 and 1271, 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 HB 876, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Appropriations, to which was referred HJR 58, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Joint Resolution No. 58, Page 2, Section 27(a), Line 18, by striking the words "other recipient" and inserting in lieu thereof the following: "any other state"; and further on line 38, by inserting immediately after the word "the" as it first appears on said line, the word "net"; and further on line 45, by inserting immediately after the word "the" the word "net"; and

     Further amend said bill, page 3, section 27(c), line 2, by inserting immediately after the word "program" the following: "and emergency"; and further on line 6, by inserting immediately after the word "the" as it first appears on said line, the following: "budget stabilization"; and further on line 33, by inserting immediately after the word "appropriation" the following: "and by a two-thirds vote of the members elected to each house,".

     Senator Goode, Chairman of the Committee on Commerce and Environment, submitted the following report:

     Mr. President: Your Committee on Commerce and Environment, to which was referred HCS for HB 945, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Quick, Chairman of the Committee on Financial and Governmental Operations, submitted the following report:

     Mr. President: Your Committee on Financial and Governmental Operations, to which was referred HB 985, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HB 1081, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, 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 HB 1428, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     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 HCS for HBs 1557 and 1489, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Education, to which was referred HB 1113, 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 Johnson submitted the following report:

     Mr. President: Your Committee on Conservation, Parks and Tourism, to which was referred HB 1524, 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 Schneider, Chairman of the Committee on Judiciary, Senator Mathewson submitted the following report:

     Mr. President: Your Committee on Judiciary, to which was referred HB 992, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 992, Page 1, Section 454.360, Line 1, by inserting immediately before said line the following:

     "210.844. In a proceeding to determine the existence of the parent and child relationship brought pursuant to the provisions of sections 454.010 to 454.360, RSMo, or pursuant to the provisions of sections 454.850 to 454.980, RSMo, the provisions of sections 210.822 and 210.834 shall apply, but no other provisions of sections 210.817 through 210.852 shall apply."; and

     Further amend said bill, page 18, section 454.967, line 9, by inserting at the end of said line the following: "The provisions of sections 210.822 and 210.834, RSMo, shall apply to such a proceeding, but no other provisions of sections 210.817 through 210.852, RSMo, shall apply."; and

     Further amend the title and enacting clause accordingly.

     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 HCS for HB 1372, 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 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 976, 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 818, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Transportation, to which was referred HB 908, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 908, Page 4, Section 303.026, Line 17, by striking said line and inserting in lieu thereof a semicolon ";".

     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 1377, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, 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 HS for HB 879, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     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 HCS for HB 1249, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Education, to which was referred HJR 42, begs leave to report that it has considered the same and recommends that the joint resolution do pass.

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

     Mr. President: Your Committee on Conservation, Parks and Tourism, to which was referred HB 1041, 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 HS for HCS for HBs 1174 and 1309, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

May 1, 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:

     Sharon K. Spence, Republican, 302 NW Shagbark, Lee's Summit, Jackson County, Missouri 64064, as a member of the Jackson County Board of Election Commissioners, for a term ending April 4, 1998, and until her successor is duly appointed and qualified; vice, Alma (Jeanne) Best, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 1, 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 C. Alumbaugh, Democrat, 12821 E. 35th Street, Independence, Jackson County, Missouri 64055, as a member of the Jackson County Board of Election Commissioners, for a term ending April 4, 1998, and until his successor is duly appointed and qualified; vice, Duane Holder, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 1, 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:

     Roxana Hauser, Republican, 700 Shamrock Lane, Blue Springs, Jackson County, Missouri 64014, as a member of the Jackson County Board of Election Commissioners, for a term ending April 4, 1998, and until her successor is duly appointed and qualified; vice, Stephen Krueger, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 1, 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:

     Jane B. Wyman, Democrat, 104 Berry, Post Office Box 443, Alba, Jasper County, Missouri 64830, as a member of Missouri Southern State College Board of Regents, for a term ending August 30, 2001, and until her successor is duly appointed and qualified; vice, Cynthia Schwab, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 1, 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:

     Wanda T. Terrell, 4756 Westminister Place, St. Louis City, Missouri 63108, as a member of the Missouri Head Injury Advisory Council, for a term ending May 12, 1997, and until her successor is duly appointed and qualified; vice, C. Keith Whittaker, M.D., resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 1, 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:

     Loramel P. Shurtleff, Republican, 309 West Burnam Road, Columbia, Boone County, Missouri 65203, as a member of the Public Defender Commission, for a term ending December 30, 2001, 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

May 1, 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:

     Douglas W. Burnett, 21875 South Mount Pleasant Road, Hartsburg, Boone County, Missouri 65039, as a member of the Consolidated Health Care Plan Board of Trustees, for a term ending January 1, 1997, and until his successor is duly appointed and qualified; vice, Gordon Smith, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 1, 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:

     Barbara A. Washington, Democrat, 11014 Sugar Pine Court, Apartment J, Florissant, St. Louis County, Missouri 63033, as a member of the Missouri Community Service 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

May 1, 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:

     Ellen E. Dirnberger, Republican, 526 Forest Green Drive, St. Louis, St. Louis County, Missouri 63119, as a member of the Missouri Women's Council for a term ending December 6, 1997, 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

May 1, 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:

     Linda G. Arnold, Republican, 502 Johnson, Ashland, Boone County, Missouri 65010, as a member of the Missouri Women's Council, for a term ending December 6, 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

May 1, 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:

     Burton H. Shostak, Democrat, 243 Greetrails Drive, Chesterfield, St. Louis County, Missouri 63017, as a member of the Public Defender Commission, for a term ending December 30, 2001, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

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

RESOLUTIONS

     Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1348

     WHEREAS, the members of the Missouri Senate have been deeply saddened to learn of the death of James J. Gleeson, Sr., of south Kansas City; and

     WHEREAS, Mr. Gleeson, among his many accomplishments, had a long and fabulous career in the field of professional baseball, having played for the Cleveland Indians in 1936, the Chicago Cubs in 1939 and 1940, and the Cincinnati Reds in 1941 and 1942, was first base coach for the New York Yankees when they won the American League Pennant and served as a scout for the Milwaukee Brewers until his retirement; and

     WHEREAS, Mr. Gleeson, who was born in Kansas City, was a living legend and idol to his thousands of friends and admirers not just in Kansas City but all across America, as well as an ideal role model for all youth everywhere; and

     WHEREAS, Mr. Gleeson was a graduate of Rockhurst College, was a Charter Member of the Rockhurst College Hall of Fame, was a member of St. Thomas More Catholic Church, the Knights of Columbus, the Kansas City Sports Hall of Fame, Ducks Unlimited, the Old Timers Baseball Association and was a Navy Veteran of World War II; and

     WHEREAS, Mr. Gleeson was a long-time friend of our colleague, the current senator from the 10th District, Senator Harry Wiggins, who is anxious to memorialize his old friend in the annals of the history of Missouri by this resolution; and

     WHEREAS, Mr. Gleeson was most of all a devoted husband, father and grandfather, in whose heart and love his family always came first;

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate pause in their deliberations to salute the memory of James J. Gleeson, Sr., distinguished Kansas Citian and American sports hero, express their appreciation for his lifetime of good citizenship and his contributions to Kansas City, to Missouri and to the youth of America, and extend to his wife, Mrs. Julia C. Gleeson, family and countless friends most sincere sympathy on his death.

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for his wife, Mrs. Julia C. Gleeson; his three sons, James J. Gleeson, Jr., Robert M. Gleeson and William J. Gleeson; Rockhurst College and the Kansas City Sports Hall of Fame.

INTRODUCTIONS OF GUESTS

     Senator House introduced to the Senate, his wife, Martha, and their son, Benjamin, St. Charles.

     Senator Kinder introduced to the Senate, the Physician of the Day, Dr. Fred Fairchild, M.D., Perryville.

     Senator Mathewson introduced to the Senate, Cindy Woolston and twenty-seven ninth grade students from Brunswick High School, Brunswick; and Tiffany Meyer, Amanda Grossman, Melissa Mohs and Jeff Sparks were made honorary pages.

     Senator Lybyer introduced to the Senate, Jeff Davis, St. Louis; and Kathy Keith, Chicago.

     Senator Caskey introduced to the Senate, Dianna Stephan, Rosemary Eldred, and fifty fourth grade students from Butler Public Schools, Butler; and Adam Appleberry, Dwayne Warden, Mendee Hill and Elizabeth Austin were made honorary pages.

     Senator Klarich introduced to the Senate, Tom Simms, St. Louis County.

     Senator Treppler introduced to the Senate, Mrs. Pitti and thirty-three eighth grade students from St. Matthias School, St. Louis County.

     Senator Graves introduced to the Senate, Charlie and Sherry Jones, Dawn; and Joselyn Dow and forty-five third and fourth grade students from Southwest Elementary School, Ludlow.

     Senator Rohrbach introduced to the Senate, Steve Goehl and Matt Billings, Boonville.

     Senator Staples introduced to the Senate, Ron Murphy, Phylis Melady, Joanna Minor, John Tharp, Rosalie Archer, Mark Lammert and Jeff David, Ironton.

     On behalf of Senator Mueller, Senator Treppler introduced to the Senate, ten students from Nipher Middle School, Kirkwood.

     On motion of Sentor Banks, the Senate adjourned until 2:00 p.m., Monday, May 6, 1996.