SENATE JOURNAL - SIXTY-EIGHTH DAY--TUESDAY, MAY 7, 1996

Journal of the Senate

SECOND REGULAR SESSION

SIXTY-EIGHTH DAY--TUESDAY, MAY 7, 1996

The Senate met pursuant to adjournment.

President Pro Tem Mathewson in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, we may not be able to preach like Peter, or have the faith of Esther, or the sweet spirit of Mary, but we all have our own resources to use. We pray that You will take our talent, time, influence and possessions and use them to accomplish Your will on earth. We pause to give thanks for the gifts we have to use. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal of the previous day was read and approved.

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

Present--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Treppler
Westfall Wiggins--34

Absent with leave--Senators--None

The Lieutenant Governor was present.

Senator McKenna assumed the Chair.

CONCURRENT RESOLUTIONS

Senator Mathewson offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 29

WHEREAS, the general assembly is continually asked to act upon measures dealing with complex and controversial subjects; and

WHEREAS, such measures frequently require lengthy and comprehensive study and evaluation; and

WHEREAS, the committee system of evaluation of proposed legislation has time and again proved its worth to the entire membership of the general assembly;

NOW, THEREFORE, BE IT RESOLVED by the Senate, the House of Representatives concurring therein, that the standing committees of each house and such other committees of the Senate and House of Representatives as the president pro tem or the speaker shall designate may meet within the state, and without the state with the approval of the president pro tem or speaker, as the case may be, to consider bills or to perform any other necessary legislative function during the interim prior to the convening of the 89th general assembly; and

BE IT FURTHER RESOLVED that the actual and necessary expenses of the members of each committee incurred while attending such committee meetings of those committees, and the expenses of the research and clerical personnel assigned thereto, be paid from the appropriate House or Senate contingent fund.

PRIVILEGED MOTIONS

Senator Caskey moved that SS for SCS for SB 494, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SS for SCS for SB 494, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 494

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.

Was taken up.

Senator Johnson assumed the Chair.

Senator Caskey moved that HCS for SS for SCS for SB 494, as amended, be adopted, which motion prevailed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
House Howard Johnson Kenney
Klarich Lybyer Mathewson Maxwell
McKenna Melton Moseley Mueller
Quick Rohrbach Russell Scott
Singleton Staples Treppler Westfall
Wiggins--29

Nays--Senator Goode--1

Absent--Senators
Graves Kinder Schneider Sims--4

Absent with leave--Senators--None

On motion of Senator Caskey, HCS for SS for SCS for SB 494, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Scott Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senator Howard--1

Absent--Senator Sims--1

Absent with leave--Senators--None

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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.

Senator Banks moved that the Senate refuse to concur in HA 1 and Part I of HA 2, as amended, to SB 858 and request the House to recede from its position or, failing to do so, grant the Senate a conference thereon, which motion prevailed.

Senator Klarich moved that SB 835, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 835, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 835

An Act to repeal sections 351.120, 351.215 and 351.750, RSMo 1994, and sections 351.200, 351.245, 351.250, 351.265, 351.320, 351.478 and 351.482, RSMo Supp. 1995, relating to corporations, and to enact in lieu thereof eleven new sections relating to the same subject.

Was taken up.

Senator Klarich moved that HCS for SB 835 be adopted, which motion prevailed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Treppler
Westfall Wiggins--34

Nays--Senators--None

Absent--Senators--None

Absent with leave--Senators--None

On motion of Senator Klarich, HCS for SB 835 was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Schneider Scott
Singleton Staples Treppler Westfall
Wiggins--33

Nays--Senators--None

Absent--Senator Sims--1

Absent with leave--Senators--None

The President declared the bill passed.

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

Senator Klarich 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.

Senator Scott moved that SB 491, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

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

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

Nays--Senators
Graves Howard Kenney--3

Absent--Senators--None

Absent with leave--Senators--None

The President declared the bill passed.

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

Senator Scott 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.

Senator Lybyer moved that SCS for SB 759, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SCS for SB 759, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 759

An Act to repeal sections 375.1250, 375.1252, 375.1255, 375.1257, 375.1260, 375.1262, 375.1265, 375.1267, 375.1269, 375.1270 and 375.1275, RSMo 1994, relating to organizational structure and capital requirements of certain insurers, and to enact in lieu thereof twenty-four new sections relating to the same subject.

Was taken up.

Senator Lybyer moved that HCS for SCS for SB 759, as amended, be adopted, which motion prevailed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Scott Sims
Staples Treppler Westfall Wiggins--32

Nays--Senators
Schneider Singleton--2

Absent--Senators--None

Absent with leave--Senators--None

Senator Moseley requested unanimous consent of the Senate to be excused from voting under the provisions of Senate Rule 90, which request was granted.

On motion of Senator Lybyer, HCS for SCS for SB 759, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Curls DePasco Ehlmann Flotron
Goode House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Russell Scott
Sims Singleton Staples Treppler
Westfall Wiggins--26

Nays--Senators
Banks Caskey Clay Graves
Melton Schneider--6

Absent--Senator Bentley--1

Absent with leave--Senators--None

Excused from voting--Senator Moseley--1

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

Bill ordered enrolled.

Senator Wiggins assumed the Chair.

Senator Klarich moved that SB 845, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

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

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Treppler
Westfall Wiggins--34

Nays--Senators--None

Absent--Senators--None

Absent with leave--Senators--None

On motion of Senator Klarich, SB 845, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins--33

Nays--Senators--None

Absent--Senator Treppler--1

Absent with leave--Senators--None

The President declared the bill passed.

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

Senator Klarich 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.

Senator Maxwell moved that SB 578, with HAs 1 and 2, be taken up for 3rd reading and final passage, which motion prevailed.

HA 1 was taken up.

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

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Scott Sims
Singleton Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senators
Schneider Staples--2

Absent with leave--Senators--None

HA 2 was taken up.

Senator Maxwell moved that the above amendment be adopted.

Senator Singleton offered a substitute motion that the Senate refuse to concur in HA 2 to SB 578 and request the House to recede from its position and take up and pass SB 578, as amended by HA 1, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

On motion of Senator Maxwell, SB 578, as amended by HA 1, was read the 3rd time and passed by the following vote:

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

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

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

Senator Johnson moved that SCS No. 2 for SB 860, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SCS No. 2 for SB 860, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE NO. 2

FOR SENATE BILL NO. 860

An Act to repeal sections 169.035, 169.050, 169.440, 169.450, 169.475, 169.589 and 169.650, RSMo 1994, and sections 169.020, 169.055, 169.056, 169.057, 169.070, 169.075, 169.410, 169.560, 169.630, 169.655, 169.660, and 169.670, RSMo Supp. 1995, and both versions of section 169.570, RSMo Supp. 1995, as enacted during the first regular session of the eighty-eighth general assembly, relating to the public school retirement system, and to enact in lieu thereof twenty-three new sections relating to the same subject, with an effective date for certain sections and with an emergency clause for a certain section.

Was taken up.

Senator Johnson moved that HCS for SCS No. 2 for SB 860, as amended, be adopted, which motion prevailed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Russell Schneider Scott Sims
Singleton Staples Treppler Westfall
Wiggins--33

Nays--Senator Rohrbach--1

Absent--Senators--None

Absent with leave--Senators--None

On motion of Senator Johnson, HCS for SCS No. 2 for SB 860, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Russell Schneider Scott Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senator Rohrbach--1

Absent--Senator Sims--1

Absent with leave--Senators--None

The President declared the bill passed.

The emergency clause was adopted by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Russell Schneider Scott Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senator Rohrbach--1

Absent--Senator Sims--1

Absent with leave--Senators--None

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

Senator Johnson 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.

Senator Graves moved that SB 834, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

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

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

Nays--Senators--None

Absent--Senators
Bentley Melton Quick Sims--4

Absent with leave--Senators--None

On motion of Senator Graves, SB 834, as amended, was read the 3rd time and passed by the following vote:

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

Nays--Senators--None

Absent--Senators
Melton Quick Sims--3

Absent with leave--Senators--None

The President declared the bill passed.

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

Senator Graves 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.

Senator Caskey moved that SCS for SB 677, 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 Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Mathewson
Maxwell McKenna Moseley Mueller
Rohrbach Russell Schneider Scott
Singleton Staples Treppler Westfall
Wiggins--29

Nays--Senators--None

Absent--Senators
Curls Lybyer Melton Quick
Sims--5

Absent with leave--Senators--None

On motion of Senator Caskey, SCS for SB 677, as amended, was read the 3rd time and passed by the following vote:

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

Nays--Senators--None

Absent--Senators
Curls Melton Quick Sims--4

Absent with leave--Senators--None

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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.

REPORTS OF STANDING COMMITTEES

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 SB 895, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator Caskey submitted the following:

MISSOURI SENATE

Jefferson City

May 7, 1996

TO: Senate Ethics Committee

FROM: Harold L. Caskey, Chairman

RE: Motion

Senators from the greater Kansas City area have requested permission to form a "Kansas City Caucus".

Rule 102 provides, inter alia, that participation of members, officers and staff in activities authorized in section 105.470.4 (2)(c), RSMo, will not come under the provisions of the Rule.

Section 105.470.4(2)(c), RSMo authorizes the activities of caucuses of the Senate or House, but requires that those caucuses be approved by the Ethics Committee of the respective chamber.

/s/ Harold L. Caskey /s/ John E. Scott

Chair Vice-chair

/s/ Edward E. Quick /s/ John D. Schneider

/s/ Harry Wiggins /s/ Steve Ehlmann

/s/ Bill Kenney /s/ Peter Kinder

/s/ David Klarich

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 conferees on HCS for SS for SB 687 be allowed to exceed the differences in two areas; by giving the Governing Council greater authority to approve the Boards' budget and second to give the public review committee authority to put issues on the ballot, which address the structure and the board, for the voters of St. Louis County to decide.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SS for SCS for HB 974 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon. Also, allow the conferees to exceed the differences in order to increase the mandatory minimum time for those defendants who have a prior conviction for child molestation or sexual abuse first degree when classified as a B felony when the defendant has been found to be a predatory sexual offender.

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 1002, as amended, and has taken up and passed CCS for SCS for HCS for HB 1002.

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 1003, as amended, and has taken up and passed CCS for SCS for HCS for HB 1003.

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 1004 and has taken up and passed CCS for SCS for HCS for HB 1004.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has offered into and adopted HCR 13.

HOUSE CONCURRENT RESOLUTION NO. 13

WHEREAS, the members of the Missouri House of Representatives consider it a primary function of this legislative body to ensure the health and well-being of the citizens of this state; and

WHEREAS, the people of the City of St. Louis and St. Louis County have been concerned over proposals relating to the operation of the St. Louis Metropolitan Sewer District; and

WHEREAS, recently, a special East-West Gateway Council appointed by St. Louis County Executive George R. (Buzz) Westfall conducted a study concerning options for the operation of the Metropolitan Sewer District, and as a result of that study, recommended that the Sewer District be privatized; and

WHEREAS, this recommendation has prompted citizens and leaders throughout the Metropolitan area to raise serious questions as to whether or not the privatization of the Metropolitan Sewer District would serve the best interests of the public; and

WHEREAS, an in-depth study needs to be conducted to determine what measures at the state level, if any, need to be taken to ensure that the needs and interests of the people of St. Louis have been fully considered with regard to the proposed privatization of the St. Louis Metropolitan Sewer District;

NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri House of Representatives of the Eighty-eighth General Assembly, the Senate concurring therein, that an interim committee of the General Assembly be created to be composed of five members of the House, to be appointed by the Speaker of the House, and five members of the Senate, to be appointed by the President Pro Tem of the Senate, at least three members from the House and three members from the Senate shall be residents of St. Louis County and that said committee be authorized to function during the interim between the Eighty-eighth and the Eighty-ninth General Assemblies; and

BE IT FURTHER RESOLVED that said committee make a comprehensive study of the proposed privatization of the St. Louis Metropolitan Sewer District relating to its impact on welfare of the community, and conduct hearings in St. Louis County or St. Louis City to assess concerns over the proposed privatization and to obtain a full spectrum of opinions and suggestions concerning the management of the Metropolitan Sewer District; and

BE IT FURTHER RESOLVED that the committee prepare a report, together with its recommendations for any legislative action it deems necessary for submission during the First Regular Session of the Eighty-ninth General Assembly; and

BE IT FURTHER RESOLVED that the Committee on Legislative Research, Senate Research and House Research provide such legal, research, clerical, technical and bill drafting services as the committee may require in the performance of its duties; and

BE IT FURTHER RESOLVED that the actual and necessary expenses of the task force, its members, and any staff personnel assigned to the committee incurred in attending meetings of the committee or any subcommittee thereof, be paid from the Joint Contingent Fund.

In which the concurrence of the Senate is respectfully requested.

Also,

President Wilson assumed the Chair.

On motion of Senator Banks, the Senate recessed until 2:30 p.m.

RECESS

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

RESOLUTIONS

Senator Mueller offered Senate Resolution No. 1360, regarding Mayor Brainerd W. LaTourette, Jr., Richmond Heights, which was adopted.

Senator Wiggins offered Senate Resolution No. 1361, regarding Anna Marie Feuerborn and Douglas Edward Beckwith, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1362, regarding the Twenty-seventh Birthday of Tom Bukaty, South Kansas City, which was adopted.

Senator Howard offered Senate Resolution No. 1363, regarding Stephen Alan Froman, Patterson, which was adopted.

PRIVILEGED MOTIONS

Senator Lybyer moved that the Senate refuse to grant further conference on SCS for HCS for HB 1005, as amended, and request the House to take up and adopt the Conference Committee Report on SCS for HCS for HB 1005, as amended, which motion prevailed.

Senator Sims moved that the Senate refuse to recede from its position on SS for SCS for HB 974 and grant the House a conference thereon, and further, allow the conferees to exceed the differences in order to increase the mandatory minimum time for those defendants who have a prior conviction for child molestation or sexual abuse first degree when classified as a B felony when the defendant has been found to be a predatory sexual offender, which motion prevailed.

Senator McKenna moved that SCS for SB 598, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SCS for SB 598, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 598

An Act to repeal sections 115.124 and 247.180, RSMo 1994, and section 640.100, RSMo Supp. 1995, relating to public water supply districts, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up.

Senator McKenna moved that HCS for SCS for SB 598 be adopted, which motion prevailed by the following vote:

Yeas--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 Scott Sims
Singleton Staples Treppler Westfall
Wiggins--33

Nays--Senators--None

Absent--Senator Curls--1

Absent with leave--Senators--None

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

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

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

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

Bill ordered enrolled.

Senator Scott moved that SCS for SB 640, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

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

Yeas--Senators
Banks Bentley Caskey Clay
DePasco Ehlmann Goode Graves
House Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senators
Curls Flotron--2

Absent with leave--Senators--None

On motion of Senator Scott, SCS for SB 640, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Goode
Graves House Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senators
Flotron Howard--2

Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

Senator Scott 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.

Senator Melton moved that SCS for SB 668, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

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

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Treppler Westfall
Wiggins--33

Nays--Senators--None

Absent--Senator Flotron--1

Absent with leave--Senators--None

On motion of Senator Melton, SCS for SB 668, as amended, was read the 3rd time and passed by the following vote:

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.

Bill ordered enrolled.

Senator Melton moved that SCS for SB 670, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

     Senator Melton moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Treppler Westfall
Wiggins--33

Nays--Senators--None

Absent--Senator Flotron--1

Absent with leave--Senators--None

     On motion of Senator Melton, SCS for SB 670, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Goode
Graves House Howard Kenney
Kinder Klarich Lybyer Mathewson
Maxwell Melton Moseley Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senators
Flotron Johnson McKenna Staples--4

Absent with leave--Senators--None

     The President Pro Tem 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.

Bill ordered enrolled.

Senator Mueller moved that SB 683, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 683, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 683

An Act to repeal section 408.140, RSMo 1994, relating to financial institutions, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

     Senator Mueller moved that HCS for SB 683 be adopted, which motion prevailed by the following vote:
Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Graves House Johnson Kenney
Kinder Klarich Lybyer Mathewson
McKenna Melton Moseley Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senators
Goode Howard Maxwell--3

Absent--Senators--None

Absent with leave--Senators--None

     On motion of Senator Mueller, HCS for SB 683, was read the 3rd time and passed by the following vote:
Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Graves House Howard Johnson
Kinder Klarich Lybyer Mathewson
McKenna Melton Moseley Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senators
Goode Kenney Maxwell--3

Absent--Senators--None

Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

Senator Mueller 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.

Senator Flotron moved that SB 715, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 715, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 715

An Act to repeal section 226.445, RSMo 1994, relating to the Mississippi River Parkway Commission, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

     Senator Flotron moved that HCS for SB 715 be adopted, which motion prevailed by the following vote:
Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Moseley Mueller Quick Rohrbach
Russell Scott Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senators
Melton Schneider--2

Absent with leave--Senators--None

     On motion of Senator Flotron, HCS for SB 715 was read the 3rd time and passed by the following vote:
Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Moseley Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senators
Melton Mueller--2

Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

Senator Flotron 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.

Senator Ehlmann moved that SB 728, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

     Senator Ehlmann moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Scott Sims
Singleton Staples Treppler Westfall
Wiggins--33

Nays--Senators--None

Absent--Senator Schneider--1

Absent with leave--Senators--None

     On motion of Senator Ehlmann, SB 728, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Treppler
Westfall Wiggins--34

Nays--Senators--None

Absent--Senators--None

Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Maxwell moved that SS for SB 740, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

     Senator Maxwell moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell Melton
Moseley Mueller Quick Russell
Schneider Scott Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senator Rohrbach--1

Absent--Senators
McKenna Sims--2

Absent with leave--Senators--None

     On motion of Senator Maxwell, SS for SB 740, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell Melton Moseley
Mueller Quick Russell Schneider
Scott Singleton Staples Treppler
Wiggins--29

Nays--Senators
Rohrbach Westfall--2

Absent--Senators
Flotron McKenna Sims--3

Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Howard assumed the Chair.

Senator Westfall moved that SB 792, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

     Senator Westfall moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
Banks Caskey Clay Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Bentley Scott Sims--3

Absent with leave--Senators--None

     On motion of Senator Westfall, SB 792, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
Banks Caskey Clay Curls
DePasco Ehlmann Goode Graves
House Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Schneider Scott Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Bentley Flotron Sims--3

Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Clay moved that SB 855, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

     Senator Clay moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senators
Flotron Mueller--2

Absent with leave--Senators--None

     On motion of Senator Clay, SB 855, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Scott Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senators
Johnson Schneider--2

Absent with leave--Senators--None

     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.

Bill ordered enrolled.

President Pro Tem Mathewson resumed the Chair.

Senator Melton moved that SB 926, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

     Senator Melton moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
Banks Caskey Clay Curls
DePasco 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
Bentley Ehlmann Quick Scott
Treppler--5

Absent with leave--Senators--None

     On motion of Senator Melton, SB 926, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
Banks Caskey Clay Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Rohrbach Russell
Schneider Scott Sims Singleton
Staples Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Bentley Quick Treppler--3

Absent with leave--Senators--None

     The President Pro Tem 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.

Bill ordered enrolled.

Senator McKenna moved that SB 930, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

     Senator McKenna moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins--33

Nays--Senators--None

Absent--Senator Treppler--1

Absent with leave--Senators--None

     On motion of Senator McKenna, SB 930, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins--33

Nays--Senators--None

Absent--Senator Treppler--1

Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Flotron moved that SB 933, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 933, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 933

An Act to repeal sections 311.102, 311.176, 311.300, 311.680 and 311.691, RSMo 1994, and section 311.070, RSMo Supp. 1995, relating to intoxicating beverages, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.

Was taken up.

     Senator Flotron moved that HCS for SB 933, as amended, be adopted, which motion prevailed by the following vote:
Yeas--Senators
Banks Bentley Clay Curls
Ehlmann Flotron Goode Graves
House Howard Kinder Klarich
Lybyer Mathewson McKenna Moseley
Mueller Quick Rohrbach Scott
Sims Staples Treppler--23

Nays--Senators
Caskey Johnson Kenney Maxwell
Melton Russell Singleton Westfall
Wiggins--9

Absent--Senators
DePasco Schneider--2

Absent with leave--Senators--None

     On motion of Senator Flotron, HCS for SB 933, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
Bentley Clay Curls Ehlmann
Flotron Goode Graves Kinder
Lybyer Mathewson McKenna Moseley
Mueller Quick Rohrbach Scott
Sims Staples Treppler Wiggins--20

Nays--Senators
Banks Caskey House Howard
Johnson Kenney Klarich Maxwell
Melton Russell Singleton Westfall--12

Absent--Senators
DePasco Schneider--2

Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

Senator Flotron 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.

Senator Staples moved that SB 947, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 947, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 947

An Act relating to the conveyance of certain property in St. Francois and Buchanan Counties.

Was taken up.

Senator Staples moved that HCS for SB 947 be adopted, which motion prevailed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Scott Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senators
DePasco Schneider--2

Absent with leave--Senators--None

On motion of Senator Staples, HCS for SB 947 was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Treppler Westfall
Wiggins--33

Nays--Senators--None

Absent--Senator McKenna--1

Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Westfall, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SCS for SB 657, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 657

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Committee Substitute for Senate Committee Substitute for Senate Bill No. 657, 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 Senate Committee Substitute for Senate Bill No. 657;

2. That the Senate recede from its position on Senate Committee Substitute for Senate Bill No. 657;

3. That the attached Conference Committee Substitute be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Morris Westfall /s/ Ken Legan

/s/ Joe Moseley /s/ Don Lograsso

/s/ John T. Russell /s/ Craig Hosmer

/s/ Sidney Johnson /s/ Greg Canuteson

/s/ Harold L. Caskey /s/ Randall Relford

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

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

Nays--Senators--None

Absent--Senators
Curls McKenna Scott Staples--4

Absent with leave--Senators--None

On motion of Senator Westfall, CCS for HCS for SCS for SB 657, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 657

An Act to repeal section 570.030, RSMo 1994, relating to the crime of stealing, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

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

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

Nays--Senators--None

Absent--Senators
Clay McKenna Quick Staples--4

Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

Senator Goode moved that the Senate conferees on HCS for SCS for SB 687 be allowed to exceed the differences by giving the Governing Council greater authority to approve the Boards' budget and, second, to give the public review committee authority to put issues on the ballot, which address the structure and the board, for the voters of St. Louis County to decide, which motion prevailed.

Senator McKenna resumed the Chair.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1019, entitled:

An Act to appropriate money for capital improvement, transfer money between various funds, and other purposes for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, from the funds herein designated for the period beginning July 1, 1996 and ending June 30, 1997.

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 SB 914: Representatives Skaggs, Canuteson, Hoppe, Cooper, Long.

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 HB 811, as amended: Representatives Smith, Kelly (27), Lakin, Ostmann, Naeger.

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 1005 and has taken up and passed CCS for SCS for HCS for HB 1005.

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 1006 and has taken up and passed CCS for SCS for HCS for HB 1006.

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 1007 and has taken up and passed CCS for SCS for HCS for HB 1007.

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 1008 and has taken up and passed CCS for SCS for HCS for HB 1008.

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 1009 and has taken up and passed CCS for SCS for HCS for HB 1009.

MESSAGES FROM THE GOVERNOR

The following messages were received from the Governor:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

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

The following addendum should be made to the appointment of Sharon K. Spence for the Jackson County Board of Election Commissioners, submitted to you on May 1, 1996. Line 2 should be amended to read:

County, Missouri 64064, as the Secretary

Respectfully submitted,

MEL CARNAHAN

Governor

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

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88TH GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 929, entitled:

"AN ACT"

To repeal section 195.017, relating to the regulation of certain drugs, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

Senate Bill No. 929 is vetoed and not approved for the following reasons:

The primary purpose of this bill is to protect Missouri citizens from harmful drugs by making it illegal to market, sell, distribute, advertise or label any drug product containing ephedrine or pseudoephedrine for uses which are not FDA approved. However, the bill creates the class A misdemeanor of possession of ephedrine or pseudoephedrine with the intent to manufacture methamphetamine which conflicts with the current classification of such an act as a class D felony. As a result of the conflict, I must object to the bill because this provision would reduce the penalty from a class D felony to a class A misdemeanor.

I strongly support law enforcement's efforts to combat the illegal manufacture and distribution of methamphetamine in Missouri. Senate Bill No. 929, however, contains a provision I believe inadvertently weakens one of our drug laws.

For the above and foregoing reasons, Senate Bill 929 is returned and not approved.

Respectfully submitted,

MEL CARNAHAN

Governor

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SS for SCS for HB 974: Senators Sims, Bentley, Wiggins, Moseley and McKenna.

On motion of Senator Banks, the Senate recessed until 8:00 p.m.

RECESS

The time of recess having expired, the Senate was called to order by Senator Wiggins.

RESOLUTIONS

Senator Wiggins offered Senate Resolution No. 1364, regarding the death of Jack Gardinier Matthews, South Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1365, regarding the death of Edward M. Ironsmith, Jr., Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1366, regarding the death of Rachel Laural Provyn Nickerson, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1367, regarding the death of Mrs. Ethel Croessmann Felts, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1368, regarding the death of Ida Rose, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1369, regarding the death of Mrs. Sheilia Ann Fulton, Grandview, which was adopted.

Senator Wiggins offered Senate Resolution No. 1370, regarding the death of Alice Margaret Gill, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1371, regarding the death of Elizabeth "Betty" Chapman, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1372, regarding the death of James E. "Jim" Boxley, South Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1373, regarding the death of Geraldine Clark, Raytown, which was adopted.

Senator Wiggins offered Senate Resolution No. 1374, regarding the death of Virginia G. Lamb, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1375, regarding the death of Louise L. Gauthier, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1376, regarding William T. Betz, D.O., Grandview, which was adopted.

Senator Wiggins offered Senate Resolution No. 1377, regarding Mary Kathleen Meiners, Kansas City, and David Braddock, which was adopted.

Senator Banks offered Senate Resolution No. 1378, regarding the death of Mr. Albert D. Jones, St. Louis, which was adopted.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Financial and Governmental Operations, to which was referred HJR 49, begs leave to report that it has considered the same and recommends that the joint resolution do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Joint Resolution No. 49, Page 3, Section 37(e), Line 71, by striking "thirty-five" and inserting in lieu thereof "forty-five"; and further amend line 75, by striking "seventy" and inserting in lieu thereof the following: "one hundred five".

Also,

Mr. President: Your Committee on Financial and Governmental Operations, to which was referred HS No. 2 for HCS for HB 1186, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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 refused to adopt the Conference Committee Report on SCS for HCS for HB 1010 and requests further conference on SCS for HCS for HB 1010 and that the House conferees be instructed to adopt the following corrective language in lieu of Senate Substitute Amendment No. 1 for Senate Amendment No. 2 to Senate Committee Substitute for House Committee Substitute for House Bill No. 1010:

"For funding to local health departments and licensed hospitals to provide pregnancy testing and follow-up services

"From General Revenue . . . . . . . . . . . $664,000

"For funding to local health departments and licensed hospitals to provide alternative to abortion services for pregnant women

"From General Revenue . . . . . . . $900,000." and

Further that the House conferees be otherwise bound to the current proposed conference committee substitute; and

Further that the conferees be authorized to exceed the differences for the above purpose and for no other purpose.

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 SS for SCS for HB 974: Representatives Crump, Gaw, Clayton, Gross, Whiteside.

PRIVILEGED MOTIONS

Senator Lybyer moved that the Senate grant the House further conference on SCS for HCS for HB 1010, as amended, and that the conferees be allowed to exceed the differences, which motion prevailed.

Senator Quick assumed the Chair.

HOUSE BILLS ON THIRD READING

HB 773, with SCA 1, introduced by Representatives Backer and Edwards-Pavia, entitled:

An Act to repeal section 302.304, RSMo 1994, relating to motor vehicles, and to enact in lieu thereof one new section relating to the same subject.

Was taken up by Senator Caskey.

SCA 1 was taken up.

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

Senator Bentley offered SA 1:

SENATE AMENDMENT NO. 1

Amend House Bill No. 773, Page 1, Section 302.304, Line 1, by inserting immediately before said line the following:

"32.055. [The director of revenue may, at his discretion, sell lists of motor vehicle registrations to any organization organized under an act of the Congress of the United States at a price of not less than seven dollars and fifty cents per one thousand names.] 1. Notwithstanding the provisions of chapter 610, RSMo, no officer, employee or contractor of the department of revenue shall knowingly disclose or otherwise make available any personal information about an individual contained in the department's motor vehicle or driver's license records, except as provided in this section.

2. As used in this section, the term "personal information" shall include the individual's photograph, name, address, telephone number, facsimile number, social security number, driver identification number, any medical or disability information and any physical attributes. It shall not include information on driving violations, driving status and accidents. As used in this section, the term "driver's license" shall include temporary licenses and personal identification cards issued by the department of revenue.

3. Personal information may only be disclosed under this section for the following purposes:

(1) For official use by any federal, state or local government agency, including courts and law enforcement agencies, or by a private or quasi-governmental agency in carrying out its duties on behalf of a government agency;

(2) For use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers and removal of nonowner records from the original owner records of motor vehicle manufacturers;

(3) For use in research activities, as long as personal information is not disclosed in connection with individual names;

(4) For use by established media entities, including newspapers having at least a weekly circulation and by television stations and radio stations licensed by the federal communications commission, as long as no disclosures of such personal information are made by such media entities;

(5) For use by insurers, insurance support organizations, self-insured entities or their licensed agents in connection with claims investigation, antifraud, rating or underwriting activities;

(6) For use by towing and motor vehicle storage companies in providing notice to owners or lienholders of towed or impounded motor vehicles;

(7) For use by a licensed private investigative agency or a licensed attorney with respect to the enforcement of court judgments or orders;

(8) For use by any person who has obtained the express written consent of the individual to whom the information pertains within the past five years;

(9) For use by an employer or its agent or insurer to obtain and verify information relating to a holder of a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of 1986, as amended; or

(10) For any other use specifically authorized under state or federal law if such use is related to motor vehicle operation or public safety.

4. Any individual may review his or her own records upon request and payment of a fee set as required under section 610.026, RSMo.

5. No authorized recipient may redisclose the personal information obtained under this section except within the same agency or entity for the purposes authorized.

6. Every request for information made under subdivisions (2) through (10) of subsection 3 of this section shall be made in writing and maintained by the department of revenue for a three-year period. Every person making a request under subdivisions (2) through (10) of subsection 3 shall provide proof of his or her identity to the department of revenue.

7. No person shall make a false representation to obtain any personal information under this section.

8. (1) Any person violating the provisions of this section shall be guilty of a class A misdemeanor and shall not be given any further access to information under this section.

(2) Any person violating subsection 6 of this section who has previously been convicted of the same violation shall be guilty of a class D felony."; and

Further amend the title and enacting clause accordingly.

Senator Bentley moved that the above amendment be adopted.

Senator Caskey raised the point of order that SA 1 is out of order in that it goes beyond the scope and purpose of the bill.

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

SA 1 was again taken up.

Senator Bentley moved that the above amendment be adopted.

President Pro Tem Mathewson resumed the Chair.

Senator Caskey requested a roll call vote be taken on the adoption of SA 1 and was joined in his request by Senators Howard, Mueller, Russell and Schneider.

SA 1 was adopted by the following vote:

Yeas--Senators
Bentley Clay Ehlmann Flotron
Goode Graves House Kenney
Klarich McKenna Melton Mueller
Rohrbach Russell Sims Singleton
Treppler Westfall--18

Nays--Senators
Caskey Curls DePasco Howard
Kinder Lybyer Mathewson Maxwell
Moseley Schneider Scott Staples
Wiggins--13

Absent--Senators
Banks Johnson Quick--3

Absent with leave--Senators--None

Senator Clay offered SA 2:

SENATE AMENDMENT NO. 2

Amend House Bill No. 773, Page 3, Section 302.304, Line 80, by inserting after said line the following:

"Section 1. The department of revenue shall not release the home address or any other information contained in the department's motor vehicle or driver registration records regarding any person who is a county, state or federal parole officer or who is a federal pretrial officer based on a specific request for such information from any person. Any person who is a county, state or federal parole officer or who is a federal pretrial officer may notify the department of such status and the department shall protect the confidentiality of the records on such a person as required by this section. This section shall not prohibit the department from releasing information on a motor registration list pursuant to section 32.005 RSMo."; and

Further amend the title and enacting clause accordingly.

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

At the request of Senator Caskey, HB 773, as amended, was placed on the Informal Calendar.

HS for HB 832, introduced by Representative Montgomery, entitled:

An Act to repeal section 313.835, RSMo 1994, relating to certain veterans' cemeteries, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up by Senator DePasco.

Senator Ehlmann offered SA 1:

SENATE AMENDMENT NO. 1

Amend House Substitute for House Bill No. 832, Page 2, Section 1, Line 10, by adding the following:

"Any ballot measure, concerning Riverboat Gambling, approved by the voters, whether by initiative petition or referendum, shall be submitted to the same voters for approval if amended or repealed at any time by the General Assembly following initial voter approval of the state-wide ballot measure. No statute so amended or repealed by the General Assembly shall take effect until the voters have by affirmative vote approved the amendments made by the General Assembly.".

Senator Ehlmann moved that the above amendment be adopted.

Senator McKenna raised the point of order that SA 1 is out of order in that the amendment goes beyond the scope of the bill.

Senator Wiggins resumed the Chair.

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

Senator Howard resumed the Chair.

SA 1 was again taken up.

Senator Ehlmann moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators House, Russell, Sims and Schneider.

SA 1 was adopted by the following vote:

Yeas--Senators
Caskey Ehlmann Flotron Graves
House Kenney Kinder Klarich
Mathewson Melton Mueller Quick
Rohrbach Russell Sims Singleton
Treppler Westfall--18

Nays--Senators
Clay Curls DePasco Goode
Howard Johnson Lybyer Maxwell
McKenna Moseley Schneider Staples
Wiggins--13

Absent--Senators
Banks Bentley Scott--3

Absent with leave--Senators--None

Senator Lybyer offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend House Substitute for House Bill No. 832, Page 1, Section 313.835, Line 6, by striking the words "relating to excursion gambling boat operations".

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

On motion of Senator DePasco, HS for HB 832, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Graves House Howard Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Sims Singleton Treppler Westfall--28

Nays--Senators
Johnson Schneider Scott Staples
Wiggins--5

Absent--Senator Goode--1

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

At the request of Senator Moseley, HS for HCS for HBs 1301 and 1298, with SCS, was placed on the Informal Calendar.

HB 1101, with SCS, introduced by Representative Franklin, entitled:

An Act to repeal sections 306.031, 306.060, 306.122, 306.126, 306.142, 306.147, 306.550, and 306.903, RSMo Supp. 1995, relating to watercraft, and to enact in lieu thereof eight new sections relating to the same subject.

Was taken up by Senator McKenna.

SCS for HB 1101, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1101

An Act to repeal sections 306.031, 306.060, 306.122, 306.125, 306.126, 306.142, 306.147, 306.221, 306.550, and 306.903, RSMo Supp. 1995, relating to watercraft, and to enact in lieu thereof ten new sections relating to the same subject, with an emergency clause.

Was taken up.

Senator McKenna moved that SCS for HB 1101 be adopted.

Senator Kinder offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Bill No. 1101, Page 4, Section 306.126, Line 14, by striking the word "the" from the end of said line; and further amend line 15, by striking all of said line; and further amend line 16, by striking "lakes of this state" and inserting in lieu thereof the following: "any lake of this state with at least one thousand miles of shoreline".

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

Senator Rohrbach offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Bill No. 1101, Page 1, Section A, Line 5, by inserting immediately after said line, the following:

"306.016. 1. By January 1, 1995, the owner of any vessel documented by the United States Coast Guard on August 28, 1994, and the new owner of any vessel purchased after August 28, 1994, who upon the sale or transfer of the vessel desires to document the vessel with the United States Coast Guard, shall apply for a vessel certificate of registration and pay a certification fee of seven dollars and fifty cents, an initial registration fee in an amount equal to the amount required for a certificate of number under section 306.030 and all applicable state and local or in lieu watercraft taxes as provided by law in effect on the date the vessel was documented or submit proof that all applicable registration fees have been paid to the department of revenue and all applicable taxes or in lieu watercraft taxes have been paid in this or another state. Such application shall include the county in which such vessel will be normally maintained by the new owner. A certificate of registration and a set of registration decals in a form the director shall prescribe shall be issued for a documented vessel. A Missouri resident shall make application for a vessel certificate of registration within thirty days of acquiring or bringing the vessel into this state. A nonresident shall make application for a vessel certificate of registration within sixty days after acquiring a vessel in this state or bringing a vessel into this state if the vessel will be kept in this state for a period in excess of sixty consecutive days. A delinquency penalty fee of ten dollars shall be imposed for each thirty days of delinquency, not to exceed a total of thirty dollars. If the director of revenue learns that any person has failed to make application for a vessel certificate of registration in accordance with this section or has sold a vessel documented by the United States Coast Guard without obtaining a certificate of registration as provided in this section, the director shall cancel the registration of all vessels and outboard motors registered in the name of the person, either as sole owner or a coowner, and shall notify the person that the cancellation will remain in force until the person pays the delinquency penalty fee together with all fees, charges, and payments which the person should have paid in connection with the vessel certificate of registration.

[2. A boat or vessel documented by the United States Coast Guard or other agency of the federal government and operated on the waters of this state shall not be liable for the payment of any state or local sales or use tax on the purchase, but shall be liable for the payment of an in lieu watercraft tax, which is hereby imposed. The in lieu watercraft tax shall be collected by the director of revenue and deposited in the state treasury to the credit of general revenue and shall be appropriated for use by the Missouri state water patrol. Watercraft dealers in this state shall report to the director of revenue on forms furnished by the director the sale of each watercraft sold to a resident of this state. If the watercraft is registered and licensed pursuant to the provisions of this chapter and all applicable sales taxes have been paid, the director shall not collect the in lieu tax imposed by this subsection. If the watercraft is registered with the United States Coast Guard or other agency of the federal government and not under the provisions of this chapter the director shall bill the purchaser of the watercraft for the in lieu tax imposed by this subsection. Any person who fails to pay the in lieu tax due under this section, within thirty days after receipt of the bill from the director of revenue, shall be liable to the same penalties imposed by law for failure to pay sales and use taxes due the state. The in lieu tax shall be determined as follows:

PURCHASE PRICE OF

WATERCRAFT TAX DUE

$50,000 or less $ 650.00

$50,001 to $100,000 1,250.00

$100,001 to $150,000 1,850.00

$150,001 to $200,000 2,450.00

$200,001 and above 3,050.00]

[3.] 2. The registration decals for any vessel documented by the United States Coast Guard shall be in force and effect for a period of three years so long as the vessel is owned or held by the original holder of the certificate of registration and shall be renewed upon application and payment of a registration renewal fee equal to the amount required for a certificate of number under section 306.030. The owner shall attach the registration decals to both sides of the forward half of the bow of the documented vessel in a place that is fully visible.

[4.] 3. The department of revenue may issue a temporary vessel certificate of registration authorizing the operation of a vessel to be documented by the United States Coast Guard for not more than sixty days. The temporary registration shall be made available by the department of revenue and may be purchased from the department of revenue or from a dealer upon proof of purchase of a vessel. The department shall make temporary certificates of registration available to registered dealers in this state in sets of ten. The fee for the temporary certificates of registration shall be five dollars each. No dealer shall charge more than five dollars for each temporary certificate of registration issued. The temporary registration shall be valid for a period of sixty days from the date of issuance by the department of revenue to the purchaser of the vessel or from the date of sale of the vessel by a dealer from which the purchaser obtains a certificate of registration. The temporary certificate of registration shall be issued on a form prescribed by the department of revenue and issued only for the purchaser's use in the operation of the vessel purchased to enable the purchaser to legally operate the vessel while a certificate of registration is being obtained, and shall be displayed on no other vessel. Temporary certificates of registration issued under this section shall not be transferable or renewable and shall not be valid upon issuance of a proper certificate of registration. The dealer or authorized agent shall insert the date of issuance and expiration date, year, make and the manufacturer's identification number of the vessel on the temporary registration when issued to the purchaser. The dealer shall complete the information on the temporary registration in full. Every dealer that issues a temporary certificate of registration shall keep, for inspection by authorized officers, a correct record of each temporary certificate of registration issued by the dealer by recording the registration number, purchaser's name and address, year, make and manufacturer's identification number of the vessel on which the temporary certificate of registration is to be used and the date of issuance.

[5.] 4. Upon the sale or transfer of any vessel documented by the United States Coast Guard for which a certificate of registration has been issued, the registration shall be terminated. If the new owner elects to have the vessel documented by the United States Coast Guard, the new owner shall submit, in addition to the properly assigned certificate of registration, proof of release from the documentation provided by the United States Coast Guard and shall comply with the provisions of this section. If the new owner elects not to document the vessel with the United States Coast Guard, the owner shall comply with the applicable provisions of this chapter.

[6.] 5. The certificate of registration shall be available at all times for inspection on the vessel for which it is issued, whenever the vessel is in operation.

306.017. There is hereby created within the state treasury the "Water Safety Fund". For fiscal year 1998, and each subsequent fiscal year for a period of nine years, five hundred thousand dollars shall be transferred from the general revenue fund to the water safety fund. Subject to appropriation, moneys in the water safety fund shall be used only for the purposes of water safety programs of the state water patrol. Any funds appropriated pursuant to this section shall be in addition to any amounts appropriated for the operation of the state water patrol for fiscal year 1998 and any subsequent fiscal year and shall not supplant other state funds appropriated for such purposes."; and

Further amend the title and enacting clause accordingly.

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

At the request of Senator McKenna, HB 1101, with SCS (pending), was placed on the Informal Calendar.

HOUSE BILLS ON SECOND READING

The following Bills were read the 2nd time and referred to the Committees indicated:

HS for HCS for HBs 1199, 1357 and 1393--Judiciary.

HS for HCS for HB 1172--Corrections and General Laws.

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 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 940 entitled:

"AN ACT"

To authorize the governor of the state of Missouri to convey certain land of the department of mental health in the city of St. Louis.

On May 7, 1996, I approved said Senate Bill No. 940.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 874 entitled:

"AN ACT"

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

On May 7, 1996, I approved said Senate Bill No. 874.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 850 entitled:

"AN ACT"

To repeal section 544.155, RSMo 1994, relating to peace officer arrest powers, and to enact in lieu thereof one new section relating to the same subject.

On May 7, 1996, I approved said Senate Bill No. 850.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 846 entitled:

"AN ACT"

To repeal section 620.455, RSMo 1994, relating to the tourism commission, and enacting in lieu thereof one new section relating to the same subject.

On May 7, 1996, I approved said Senate Bill No. 846.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 837 entitled:

"AN ACT"

To repeal sections 2.080 and 2.091, RSMo 1994, relating to journals of the senate and the house of representatives, and to enact in lieu thereof two new sections relating to the same subject.

On May 7, 1996, I approved said Senate Bill No. 837.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 830 entitled:

"AN ACT"

To repeal section 195.291, RSMo 1994, relating to prior and persistent drug offenders, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

On May 7, 1996, I approved said Senate Bill No. 830.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 826 entitled:

"AN ACT"

To repeal section 319.200, as enacted by senate committee substitute for house committee substitute for house bills nos. 1434 and 1490 of the second regular session of the eighty-sixth general assembly and signed by the governor on July 9, 1992, and section 319.200, as enacted by senate substitute for house substitute for house bill no. 1574 of the second regular session of the eighty-sixth general assembly and signed by the governor on July 6, 1992, as both sections appear in RSMo 1994, relating to seismic construction and renovation ordinances, and to enact in lieu thereof one new section relating to the same subject.

On May 7, 1996, I approved said Senate Bill No. 826.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 811 entitled:

"AN ACT"

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

On May 7, 1996, I approved said Senate Bill No. 811.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 766 entitled:

"AN ACT"

To repeal section 267.122, RSMo Supp. 1995, relating to animal health laboratory fees, and enacting one new section relating to the same subject.

On May 7, 1996, I approved said Senate Bill No. 766.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Committee Substitute for Senate Bill No. 758 entitled:

"AN ACT"

To repeal section 700.455, RSMo 1994, relating to manufactured homes, and to enact in lieu thereof one new section relating to the same subject.

On May 7, 1996, I approved said Senate Committee Substitute for Senate Bill No. 758.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 721 entitled:

"AN ACT"

To repeal section 217.364, RSMo 1994, relating to an offenders treatment program, and to enact in lieu thereof one new section relating to the same subject.

On May 7, 1996, I approved said Senate Bill No. 721.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 702 entitled:

"AN ACT"

To repeal sections 21.530, 21.535 and 21.537, RSMo 1994, relating to the joint committee on capital improvements oversight, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause.

On May 7, 1996, I approved said Senate Bill No. 702.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Committee Substitute for Senate Bill No. 694 entitled:

"AN ACT"

To repeal section 172.350, RSMo 1994, relating to police officers of the state university, and to enact in lieu thereof two new sections relating to the same subject.

On May 7, 1996, I approved said Senate Committee Substitute for Senate Bill No. 694.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 693 entitled:

"AN ACT"

To repeal section 58.095, RSMo 1994, relating to county coroners, and to enact one new section relating to the same subject.

On May 7, 1996, I approved said Senate Bill No. 693.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 665 entitled:

"AN ACT"

To repeal section 249.763, RSMo 1994, relating to sewer districts and to enact in lieu thereof two new sections relating to the same subject.

On May 7, 1996, I approved said Senate Bill No. 665.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Committee Substitute for Senate Bill No. 662 entitled:

"AN ACT"

To repeal section 260.831, RSMo 1994, relating to removing the sunset date on landfill fees for economic development in certain counties only, and to enact in lieu thereof one new section relating to the same subject.

On May 7, 1996, I approved said Senate Committee Substitute for Senate Bill No. 662.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 630 entitled:

"AN ACT"

To repeal sections 386.330 and 392.220, RSMo 1994, and section 386.250, RSMo Supp. 1995, relating to the regulation of certain telecommunication services provided by telephone cooperatives, and to enact in lieu thereof three new sections relating to the same subject.

On May 7, 1996, I approved said Senate Bill No. 630.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 605 entitled:

"AN ACT"

To repeal section 177.086, RSMo 1994, relating to bidding for school construction, and to enact in lieu thereof one new section relating to the same subject.

On May 7, 1996, I approved said Senate Bill No. 605.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 532 entitled:

"AN ACT"

To repeal sections 190.327 and 190.329, RSMo Supp. 1995, relating to emergency services, and to enact in lieu thereof two new sections relating to the same subject.

On May 7, 1996, I approved said Senate Bill No. 532.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 530 entitled:

"AN ACT"

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

On May 7, 1996, I approved said Senate Bill No. 530.

Respectfully submitted,

MEL CARNAHAN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May 7, 1996

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Bill No. 501 entitled:

"AN ACT"

To repeal section 105.955, RSMo 1994, relating to the Missouri ethics commission, and to enact in lieu thereof one new section relating to the same subject.

On May 7, 1996, I approved said Senate Bill No. 501.

Respectfully submitted,

MEL CARNAHAN

Governor

INTRODUCTIONS OF GUESTS

Senator House introduced to the Senate, the Physician of the Day, Dr. Jan Onik, D.O., and his son, Thomas, Louisiana.

Senator Treppler introduced to the Senate, Karen Villa and eighty-one students from St. Margaret Mary Alacoque School, St. Louis; and Beth Dudenhoeffer, Erick Martin, Lauren Vogler and Adam Chierek were made honorary pages.

Senator Kenney introduced to the Senate, members of the Parliament of Georgia, Mr. Pasta Chekurishvili, Mr. Givi Gigineishvili, Mr. Rostom Dolidze and Mr. Lasha Mindeli; and Ms. Marina Vanyan and Mr. Elia Evstifeev, Baltimore, Maryland.

Senator Graves introduced to the Senate, Pam May, Ann Peterson, and thirty-five fifth and sixth grade students from Grundy Elementary School, Humphreys.

Senator Mueller introduced to the Senate, Amber Myers, Jefferson City; and Amber was made an honorary page.

Senator Moseley introduced to the Senate, Wendy Noren, and her son, Brennan Noren Rose, Columbia; and Brennan was made an honorary page.

Senator Westfall introduced to the Senate, Cynthia Speckman, and her daughter, Kessaya, and Jessica Thomas, Mt. Vernon; Carrie Lee and Angela Goble, Monett; and Tomoyo Nakamura, Japan; and Kessaya, Jessica and Tomoyo were made honorary pages.

Senator Mueller introduced to the Senate, DeAnn Dotson, and her children, Scott and Sarah, Debby Heapes, and her daughter, Melissa, and Andrew and Ellen Thomas, Overland Park, Kansas; and Scott, Sarah, Andrew, Ellen and Melissa were made honorary pages.

Senator Mueller introduced to the Senate, thirty-five fourth grade students from Community School, St. Louis.

Senator Graves introduced to the Senate, Nancy Herring and twenty-three fourth grade students from Norborne Elementary School, Norborne.

Senator Rohrbach introduced to the Senate, Denise Rehagen and eighth grade students from Eugene.

Senator Johnson introduced to the Senate, one hundred and four fourth grade students from Line Creek Elementary School, Kansas City; and Brent Castagno, Clifton Phillips, Michael Graves, Kaelon Counce, Jennifer Hendrick and Scott David were made honorary pages.

Senator Kinder introduced to the Senate, Charles and Lisa Huey, and their children, Clayton, Trae and Burt; and Mary Murphy and Becky Stull, Cape Girardeau.

Senator Johnson introduced to the Senate, Jan Marriott, Debra Cook, Hope Stagner, Karen Thurnau, Linda Poppa and Linda Curran, St. Joseph.

Senator Treppler introduced to the Senate, Kurt Wityel, Celeste McBride and Anita Yeckel, St. Louis County.

Senator Rohrbach introduced to the Senate, his daughter, Eva, California.

Senator Westfall introduced to the Senate, Faye Peters, Halfway.

Senator Quick introduced to the Senate, Cynthia Roseler, Beverly Corum and Girl Scout Troop 1677, Clay County.

Senator Moseley introduced to the Senate, his parents, Bonnard and Rusty; his wife, Carol; his daughter-in-law, Charlotte Brumfield and his granddaughter, Caroline Brumfield, Columbia; and Caroline was made an honorary page.

Senator Wiggins introduced to the Senate, Jeff and Amy Simon, and their sons, Patrick and Joseph, Kansas City; and Patrick and Joseph were made honorary pages.

Senator Maxwell introduced to the Senate, fourth grade students from Clarence Elementary School, Clarence.

On behalf of Senator Wiggins, the President introduced to the Senate, Lorraine Simon, Kirkwood.

Senator Graves introduced to the Senate, former Senator Hardin Cox, Rock Port.

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

	Present--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	Graves	House	Howard
Johnson	Kenney	Kinder	Klarich
Lybyer	Mathewson	Maxwell	McKenna
Melton	Moseley	Mueller	Quick
Rohrbach	Russell	Schneider	Scott
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--34

	Absent with leave--Senators--None

	The Lieutenant Governor was present.

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
House	Howard	Johnson	Kenney
Klarich	Lybyer	Mathewson	Maxwell
McKenna	Melton	Moseley	Mueller
Quick	Rohrbach	Russell	Scott
Singleton	Staples	Treppler	Westfall
Wiggins--29

	Nays--Senator Goode--1

	Absent--Senators
Graves	Kinder	Schneider	Sims--4

	Absent with leave--Senators--None