The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, we are thankful for every one of our presidents, for the unique contribution that they have made to our heritage. We are thankful for the privilege of choosing our own leaders, of charting our own course, and living in the land of the free. We ask that You be with each of our elected leaders. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal for Thursday, February 15, 1996, 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	Sims	Singleton
Staples	Treppler	Westfall	Wiggins--32
	Absent with leave--Senators
Schneider	Scott--2
	The Lieutenant Governor was present.

     Senator Caskey offered Senate Resolution No. 850, regarding Dr. R. C. Ebert, Pleasant Hill, which was adopted.

     Senator Rohrbach offered Senate Resolution No. 851, regarding Evelyn Walker, Jefferson City, which was adopted.

     Senator Rohrbach offered Senate Resolution No. 852, regarding Kenneth W. Lineberry, which was adopted.

     Senator Rohrbach offered Senate Resolution No. 853, regarding Dorothy A. Turner, Jefferson City, which was adopted.

     Senator Rohrbach offered Senate Resolution No. 854, regarding Verna E. Gillilan, California, which was adopted.

     Senator House offered Senate Resolution No. 855, regarding Patrick Thomas Luecke, St. Charles, which was adopted.

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

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SCS for SB 857 and HCS for SB 575, begs leave to report that it has examined the same and finds that the bills have been duly enrolled and that the printed copies furnished the Senators are correct.

     The President Pro Tem announced that all other business would be suspended and HCS for SB 575 and SCS for SB 857, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bills would be signed by the President Pro Tem to the end that they may become law. No objections being made, the bills were so read by the Secretary and signed by the President Pro Tem.

     HCS for SB 575 and SCS for SB 857, after having been duly signed by the Speaker of the House of Representatives in open session, were delivered to the Governor by the Secretary of the Senate.

     Senator Rohrbach offered the following resolution, which was referred to the Committee on Rules, Joint Rules and Resolutions:

     WHEREAS, the members of the Missouri Senate deem it both worthwhile and necessary to support those programs aimed at promoting good citizenship qualities within our youth; and

     WHEREAS, the Jefferson City Rotary Club has sought to instill values of high integrity in Missouri students while providing them with an opportunity to experience state government firsthand through its Student Government Day program; and

     WHEREAS, the Missouri Senate has maintained a policy of granting such organizations permission to use the Senate Chamber for the purpose of conducting activities related to governmental or citizenship projects:

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-eighth General Assembly, hereby grant the Jefferson City Rotary Club permission to use the Senate Chamber for the purpose of conducting Student Government Day on Monday, April 8, 1996, from 10:00 a.m. to 11:30 a.m.

     Senator Ehlmann offered Senate Resolution No. 857, regarding the Eightieth Birthday of William O. Van Gels, St. Peters, which was adopted.

     President Wilson assumed the Chair.

     The following Bills were read the 1st time and 1,000 copies ordered printed:

     SB 925--By Russell.

     An Act to repeal section 473.740, RSMo Supp. 1995, relating to salaries for public administrators, and to enact in lieu thereof one new section relating to the same subject.

     SB 926--By Melton.

     An Act to repeal section 165.111, RSMo 1994, relating to budgeting by public schools, and to enact in lieu thereof one new section relating to the same subject.

     SB 927--By Wiggins.

     An Act to repeal sections 143.161, 144.020, 144.021 and 144.440, RSMo 1994, relating to tax relief, and to enact four new sections relating to the same subject, with an effective date for a certain section.

     SB 928--By Bentley.

     An Act to repeal section 70.220, RSMo, 1994, relating to contracts between political subdivisions, and to enact in lieu thereof one new section relating to the same subject.

     President Pro Tem Mathewson resumed the Chair.

     The President Pro Tem announced that all other business would be suspended and SCS for HB 1014, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

     At the request of Senator Maxwell, SB 709 was placed on the Informal Calendar.

     Senator Russell moved that SB 558 be taken up for perfection, which motion prevailed.

     Senator Quick assumed the Chair.

     Senator Caskey offered SA 1, which was read:

     Amend Senate Bill No. 558, Page 1, Section 49.267, Line 10, by inserting after said line: "All revenue from traffic fines must be deposited in the County School Fund.".

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

     Senator Clay assumed the Chair.

     Senator Melton offered SA 2, which was read:

     Amend Senate Bill No. 558, Page 1, Section 49.267, Line 8, by inserting after the word "signs" the following: "furnished by the county and in a form approved by the Missouri Department of Highways and Transportation.".

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

     On motion of Senator Russell, SB 558, as amended, was declared perfected and ordered printed.

     Senator Maxwell moved that SB 578, with SCA 1, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

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

     Senator Singleton offered SA 1:

     Amend Senate Bill No. 578, Page 2, Section 43.050, Line 14, by inserting immediately after said line, the following:

     "313.004. 1. There is hereby created the "Missouri Gaming Commission" consisting of five members appointed by the governor, with the advice and consent of the senate. Each member of the Missouri gaming commission shall be a resident of this state. No member shall have pled guilty to or shall have been convicted of a felony or gambling-related offense. Not more than three members shall be affiliated with the same political party. No member of the commission shall be an elected official. The overall membership of the commission shall reflect experience in law enforcement, civil and criminal investigation and financial principles.

     2. The initial members of the commission shall be appointed within thirty days of April 29, 1993. Of the members first appointed, one shall be appointed for a one-year term, two shall be appointed for a two-year term and two shall be appointed for a three-year term. Thereafter, all members appointed shall serve for a three-year term. No person shall serve as a member more than six years. The governor shall designate one of the members as the chair. The governor may remove any member of the commission from office for malfeasance or neglect of duty in office. The governor may also replace any member of the commission, with the advice and consent of the senate, when any responsibility concerning the state lottery, pari-mutuel wagering or any other form of gaming is placed under the jurisdiction of the commission.

     3. The commission shall meet at least quarterly in accordance with its rules. In addition, special meetings may be called by the chair or any two members of the commission upon twenty-four-hour written notice to each member. No action of the commission shall be binding unless taken at a meeting at which at least three of the five members are present and shall vote in favor thereof.

     4. The commission shall perform all duties and have all the powers and responsibilities conferred and imposed upon it relating to excursion gambling boats and, after June 30, 1994, the lawful operation of the game of bingo under this chapter. Within the commission, there shall be established a division of gambling and after June 30, 1994, the division of bingo. Subject to appropriations, the commission may hire an executive director and any employees as it may deem necessary to carry out the commission's duties. The commission shall have authority to require investigations of any employee or applicant for employment as deemed necessary and use such information or any other information in the determination of employment. The commission shall promulgate rules and regulations establishing a code of ethics for its employees which shall include, but not be limited to, restrictions on which employees shall be prohibited from participating in or wagering on any game or gaming operation subject to the jurisdiction of the commission. The commission shall determine if any other employees of the commission or any licensee of the commission shall participate or wager in any operation under the jurisdiction of the commission.

     5. On April 29, 1993, all the authority, powers, duties, functions, records, personnel, property, matters pending and all other pertinent vestiges of the state tourism commission relating to the regulation of excursion gambling boats and, after June 30, 1994, of the department of revenue relating to the regulation of the game of bingo shall be transferred to the Missouri gaming commission.

     6. The commission shall be assigned to the department of public safety as a type III division, but the director of the department of public safety has no supervision, authority or control over the actions or decisions of the commission.

     7. Members of the Missouri gaming commission shall receive as compensation, the amount of one hundred dollars for every day in which the commission holds a meeting, when such meeting is subject to the recording of minutes as provided in chapter 610, RSMo, and shall be reimbursed for reasonable expenses incurred in the performance of their duties. The chair shall receive as additional compensation one hundred dollars for each month such person serves on the commission in that capacity.

     8. No member or employee of the commission shall be appointed or continue to be a member or employee who is licensed by the commission as an excursion gambling boat operator or supplier and no member or employee of the commission shall be appointed or continue to be a member or employee who is related to any person within the second degree of consanguinity or affinity who is licensed by the commission as an excursion gambling boat operator or supplier. The commission shall determine by rule and regulation appropriate restrictions on the relationship of members and employees of the commission to persons holding or applying for occupational licenses from the commission or to employees of any licensee of the commission. No peace officer, as defined by section 590.100, RSMo, who is designated to have direct regulator authority related to excursion gambling boats shall be employed by any excursion gambling boat or supplier licensed by the commission while employed as a peace officer. No member or employee of the commission or any employee of the state attorney general's office or the state highway patrol who has direct authority over the regulation or investigation of any applicant or licensee of the commission or any peace officer of any city or county which has approved excursion boat gambling shall accept any gift or gratuity from an applicant or licensee while serving as a member or while under such employment. Any person knowingly in violation of the provisions of this subsection is guilty of a class A misdemeanor. Any such member, officer or employee who personally or whose prohibited relative knowingly violates the provisions of this subsection, in addition to the foregoing penalty, shall, upon conviction, immediately and thereupon forfeit his office or employment.

     9. The commission may enter into agreements with the Federal Bureau of Investigation, the Federal Internal Revenue Service, the state attorney general or any state, federal or local agency the commission deems necessary to carry out the duties of the commission; provided, however, that no officers of the highway patrol shall be assigned duties which are not consistent with section 43.025, RSMo, on any excursion gambling boat after August 28, 2000. No state agency shall count employees used in any agreements entered into with the commission against any personnel cap authorized by any statute. Any member of the highway patrol who is no longer assigned duties under an agreement with the commission shall not be included, until August 28, 2000, against the personnel cap established by section 43.050, RSMo. Any consideration paid by the commission for the purpose of entering into, or to carry out, any agreement shall be considered an administrative expense of the commission. When such agreements are entered into for responsibilities relating to excursion gambling boats, the commission shall require excursion gambling boat licensees to pay for such services under rules and regulations of the commission. The commission may provide by rules and regulations for the offset of any prize or winnings won by any person making a wager subject to the jurisdiction of the commission, when practical, when such person has an outstanding debt owed the state of Missouri.

     10. No person who has served as a member or employee of the commission, as a member of the general assembly, as an elected or appointed official of the state or of any city or county of this state in which the licensing of excursion gambling boats has been approved in either the city or county or both or any employee of the state highway patrol designated by the superintendent of the highway patrol or any employee of the state attorney general's office designated by the state attorney general to have direct regulatory authority related to excursion gambling boats shall, while in such office or during such employment and during the first two years after termination of his office or position, obtain direct ownership interest in or be employed by any excursion gambling boat licensed by the commission or which has applied for a license to the commission or enter into a contractual relationship related to direct gaming activity. A "direct ownership interest" shall be defined as any financial interest, equitable interest, beneficial interest, or ownership control held by the public official or employee, or such person's family member related within the second degree of consanguinity or affinity, in any excursion gambling boat operation or any parent or subsidiary company which owns or operates an excursion gambling boat or as a supplier to any excursion gambling boat which has applied for or been granted a license by the commission, provided that a direct ownership interest shall not include any equity interest purchased at fair market value or equity interest received as consideration for goods and services provided at fair market value of less than one percent of the total outstanding shares of stock of any publicly traded corporation or certificates of partnership of any limited partnership which is listed on a regulated stock exchange or automated quotation system. Any person who knowingly violates the provisions of this subsection is guilty of a class D felony. Any such member, officer or employee who personally and knowingly violates the provisions of this subsection, in addition to the foregoing penalty, shall, upon conviction, immediately and thereupon forfeit his office or employment. For purposes of this subsection, "appointed official" shall mean any official of this state or of any city or county authorized under subsection 10 of section 313.812 appointed to a position which has discretionary powers over the operations of any licensee or applicant for licensure by the commission. This shall only apply if the appointed official has a direct ownership interest in an excursion gambling boat licensed by the commission or which has applied for a license to the commission to be docked within the jurisdiction of his or her appointment. No elected or appointed official, his or her spouse or dependent child shall, while in such office or within two years after termination of his or her office or position, be employed by an applicant for an excursion gambling boat license or an excursion gambling boat licensed by the commission. Any other person related to an elected or appointed official within the second degree of consanguinity or affinity employed by an applicant for an excursion gambling boat license or excursion gambling boat licensed by the commission shall disclose this relationship to the commission. Such disclosure shall be in writing and shall include who is employing such individual, that person's relationship to the elected or appointed official, and a job description for which the person is being employed. The commission may require additional information as it may determine necessary.

     11. The commission may enter into contracts with any private entity the commission deems necessary to carry out the duties of the commission, other than criminal law enforcement, provision of legal counsel before the courts and other agencies of this state, and the enforcement of liquor laws. The commission may require provisions for special auditing requirements, investigations and restrictions on the employees of any private entity with which a contract is entered into by the commission.

     12. Notwithstanding the provisions of chapter 610, RSMo, to the contrary, all criminal justice records shall be available to any agency or commission responsible for licensing or investigating applicants or licensees applying to any gaming commission of this state."; and

     Further amend the title and enacting clause accordingly.

     Senator Singleton moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Bentley, Kenney, Mueller and Rohrbach.

     SA 2 failed of adoption by the following vote:

	Yeas--Senators
Bentley	Ehlmann	Flotron	Graves
Kenney	Kinder	Klarich	Melton
Mueller	Rohrbach	Singleton	Westfall--12
	Nays--Senators
Banks	Caskey	Clay	Curls
DePasco	Goode	House	Howard
Johnson	Lybyer	Mathewson	Maxwell
McKenna	Moseley	Quick	Russell
Sims	Staples	Treppler	Wiggins--20
	Absent--Senators--None
	Absent with leave--Senators
Schneider	Scott--2

     On motion of Senator Maxwell, SB 578, as amended, was declared perfected and ordered printed.

     Senator House moved that SB 533, SB 512 and SB 581, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SBs 533, 512 and 581, entitled:

     An Act to amend chapter 376, RSMo, by adding one new section relating to certain health insurance benefits following the birth of a child.

     Was taken up.

     Senator House moved that SCS for SBs 533, 512 and 581 be adopted.

     Senator House offered SA 1, which was read:

     Amend Senate Committee Substitute for Senate Bills Nos. 533, 512 and 581, Page 1, Section 376.1210, Line 10, by adding after "1997," the following: "when such policies provide maternity benefits"; and

     Further amend said section, Line 64, by deleting "any other health care service" and inserting in lieu thereof the following: "other similar health care services".

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

     Senator Sims offered SA 2, which was read:

     Amend Senate Committee Substitute for Senate Bills Nos. 533, 512 and 581, Page 1, Section 376.1210, Line 11, by deleting the words "in-home care provided by those licensed pursuant to section 334.260, RSMo, certified nurse midwives and certified professional midwives, and coverage for".

     Senator Sims moved that the above amendment be adopted.

     Senator Quick resumed the Chair.

     At the request of Senator House, SB 533, SB 512 and SB 581, with SCS and SA 2 (pending), were placed on the Informal Calendar.

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

     Mr. President: Your Committee on Agriculture and Local Government, to which was referred SB 904, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Agriculture and Local Government, to which was referred SB 657, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Agriculture and Local Government, to which was referred SB 826, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Agriculture and Local Government, to which was referred SB 806, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

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

     Mr. President: Your Committee on Transportation, to which was referred SB 870, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Transportation, to which was referred SB 530, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Transportation, to which was referred SB 780, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Transportation, to which was referred SB 792, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Transportation, to which was referred SB 499, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Transportation, to which was referred SB 522, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Transportation, to which was referred SB 632, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

     Amend Senate Bill No. 632, Page 2, Section 301.041, Line 26, by inserting immediately after the word "credit" the following: "as defined in section 400.5-103, RSMo"; and further on line 27, by inserting immediately after the word "certificate" the following: "or letter of credit".

     Also,

     Mr. President: Your Committee on Transportation, to which was referred SB 611, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

     Amend Senate Bill No. 611, Page 1, Section 305.510, Line 14, by adding immediately after said line, the following:

     "305.515. 1. The governor, with the advice and consent of the senate, shall appoint four members of the authority; and two of the members shall be appointed for a term of two years, and two for a term of three years. The governor shall designate one of the authority members as chairman for the first two years. Thereafter, the authority membership shall elect a member to serve as chairman. The mayor of the city of St. Louis and the supervisor of St. Louis County, with the advice and consent of their respective governing bodies, shall each appoint three members of the authority and of the three, one shall be appointed for a term of two years, one for a term of three years, and one for a term of four years. The county [commissions of Jefferson, Franklin and St. Charles counties shall each] commission of Franklin County shall appoint one member of the authority[, each such member] to serve a term of four years. The county commission of Jefferson County and the county executive of St. Charles County, with the advice and consent of the governing body of that county, shall each appoint two members of the authority, one for a term of two years and one for a term of four years. Thereafter, all appointments shall be for a term of four years. Any fraction of a year shall be considered a full year and each member's term of office shall expire on the appropriate fifteenth day of January, but he shall continue to hold office until his successor is appointed and qualified. One more than one-half of the members of the authority shall constitute a quorum. Vacancies occurring in the membership shall be filled by appointment by the person making the original appointment for the unexpired remainder of the term.

     2. No person shall be appointed to the authority who is an elected official of the state of Missouri or any political subdivision thereof. No person shall be appointed to the authority who is actively engaged or employed in commercial aeronautics.

     3. The members of the authority shall receive as compensation for their services twenty-five dollars per day for the time spent in the performance of their official duties, and also their necessary traveling and other expenses incurred while actually engaged in the discharge of their official duties.

     4. Each member shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office. At such time as federal funds are received or revenue bonds are issued, each member shall give bond in the penal sum of one hundred thousand dollars conditioned upon the faithful performance of his duties and the bond shall be filed in the office of the Missouri secretary of state. The cost of the bond shall be paid by the authority."; and

     Further amend the title and enacting clause accordingly.

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

     Mr. President: Your Committee on Insurance and Housing, to which was referred SB 758, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

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

     Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 768, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Senator DePasco, Chairman of the Committee on Elections, Pensions and Veterans' Affairs, submitted the following report:

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred SB 860, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

     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 HCS for HB 849, entitled:

     An Act to repeal section 416.625, RSMo 1994, and section 416.615, RSMo Supp. 1995, relating to certain merchandising practice for the sale of motor fuel, and to enact in lieu thereof three new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 905, entitled:

     An Act to create chapter 617, RSMo, by enacting six new sections relating to the creation of a department of aging, with a contingent effective date.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HB 879, entitled:

     An Act relating to local building codes.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Senator Mathewson submitted the following:

Senator Betty Sims

Capitol Building

Jefferson City, MO 65101

Dear Senator Sims:

     It is my privilege to hereby appoint you to the Children's Services Commission. This commission is established in section 210.101, RSMo.

     You will be replacing Senator Walt Mueller, who has resigned.

     Your willingness to take on this additional duty and serve the people of our great state is appreciated.

     Senator Flotron introduced to the Senate, the Physician of the Day, James E. Nahlik, M.D., his wife, Mary, and their children, Andrew, Robert, Louis, Edward, Matthew and Phillip, St. Louis; and Andrew was made an honorary page.

     Senator Clay introduced to the Senate, members of the BJC Health System Senior Management Team, Fred Brown, Ted Frey, Mike DeHaven, and his children, Abigail and Scott, St. Louis; and Abigail and Scott were made honorary pages.

     Senator Rohrbach introduced to the Senate, Ben Harness, Jefferson City, who was made an honorary page.

     Senator Howard introduced to the Senate, Rudy Taylor and Floyd Edwards, Dexter.

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