Journal of the Senate

SECOND REGULAR SESSION


THIRTY-SIXTH DAY--TUESDAY, MARCH 5, 1996


     The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, an old Roman maxim states, "Without a name a man is nothing." When people speak our name, we want it to be with respect. When our name is attached to anything, a bill, a debt, a contract, a promise or a piece of legislation, we want it to be something of which we can be proud. Lord, help us to live and work so that our name will only be associated with those ideals and ideas that are good. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal of the previous day was read and approved.

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

Present--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesTreppler
WestfallWiggins--34
Absent with leave--Senators--None
The Lieutenant Governor was present.

RESOLUTIONS

     Senator Goode offered Senate Resolution No. 959, regarding Linda M. Bridges, St. Louis, which was adopted.

     Senator Rohrbach offered Senate Resolution No. 960, regarding Vernell Williams, Jefferson City, which was adopted.

     Senator Rohrbach moved that SR 856 be taken up for adoption, which motion prevailed.

     On motion of Senator Rohrbach, SR 856 was adopted.

     Senator Singleton moved that SR 830, with SS, SA 2, SCS and SA 1 (pending), be taken up for adoption, which motion prevailed.

     SA 1 was taken up.

     At the request of Senator Maxwell, SA 1 was withdrawn.

     Senator Maxwell offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Committee Substitute for Senate Substitute for Senate Resolution No. 830, Page 331 of the Senate Journal for February 29, 1996, Line 35 of column 1 of said page, by striking all of said line after the word "except" and inserting in lieu thereof the following: "as provided in this rule. This rule shall not apply to:

     (1) Any single item accepted from a lobbyist or a lobbyist principal identified in this rule of a value less than fifty dollars;

     (2) Any items accepted in any calendar year from a lobbyist or lobbyist principal identified in this rule which are of a value less than one hundred dollars;

     (3) The participation of members, officers and staff in"; and

     Further amend said resolution, line 37 of column 1 of said page, by striking the words "nor shall it apply to" and inserting in lieu thereof the following: "; or (4) The"; and

     Further amend said resolution, line 39 of column 1 of said page, by striking the word "association" and inserting in lieu thereof the word "associations"; and further on said line, by striking the word "has" and inserting in lieu thereof the following: "and activities have".

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

     Senator Flotron offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Committee Substitute for Senate Substitute for Senate Resolution No. 830, Page 331 of the Senate Journal for Thursday, February 29, 1996, last line of left column, by adding after the period "." the following: "The provisions of this rule may be satisfied by reimbursing said lobbyist or lobbyist principal within thirty days of a report pursuant to 105.470.4(2)(c).".

     Senator Flotron moved that the above amendment be adopted.

     Senator Melton offered SPA 1 to SA 3, which was read:

SENATE PERFECTING AMENDMENT NO. 1

TO SENATE AMENDMENT NO. 3

     Amend Senate Amendment No. 3 to Senate Committee Substitute for Senate Substitute for Senate Resolution No. 830, Page 1, Line 7, by inserting the word "section" before the numerals "105.470.4(2)(c)".

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

     SA 3, as amended, was again taken up.

     Senator Flotron moved that SA 3, as amended, be adopted, which motion prevailed.

     Senator Banks offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Committee Substitute for Senate Substitute for Senate Resolution No. 830, Page 331 of the Senate Journal for Thursday, February 29, 1996, Line 41, by inserting after the period "." on said line the following: "This rule shall not prevent any member from accepting meals, food or beverage or other gift to be used for charitable purposes, as defined by law, and which are not consumed or used for the personal benefit of the member.".

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

     Senator Singleton moved that SCS for SS for SR 830, as amended, be adopted, which motion prevailed by the following vote:

Yeas--Senators
BentleyCaskeyDePascoEhlmann
FlotronGoodeGravesHouse
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMelton
MoseleyMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWiggins--27
Nays--Senators
BanksClayCurlsHoward
JohnsonTreppler--6
Absent--Senator Staples--1
Absent with leave--Senators--None

SENATE BILLS FOR PERFECTION

     Senator Maxwell moved that SB 709, with SS, SA 5 and SPA 1 to SA 5 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SPA 1 to SA 5 was again taken up.

     Senator Wiggins assumed the Chair.

     Senator Flotron moved that SPA 1 to SA 5 be adopted, which motion prevailed.

     Senator Howard moved that SA 5, as amended, be adopted, which motion prevailed.

     Senator Clay offered SA 6, which was read:

SENATE AMENDMENT NO. 6

     Amend Senate Substitute for Senate Bill No. 709, Page 27, Section B, Line 16 of said page, by inserting immediately before said line, the following:

     "Section 1. The provisions of subsection 1 of section 105.471, RSMo, shall not apply to any public official who accepts any item or items listed in such subsection if the public official is within the third degree of consanguinity or affinity of the lobbyist or lobbyist principal who provides such item or items."; and

     Further amend the title and enacting clause accordingly.

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

PRIVILEGED MOTIONS

     Having voted on the prevailing side, Senator Kenney moved that the vote by which SA 2 to SS for SB 709 was adopted, be reconsidered, which motion prevailed by the following vote:

Yeas--Senators
BentleyDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMaxwellMcKennaMelton
MoseleyMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesTrepplerWestfall
Wiggins--29
Nays--Senators
BanksCaskeyClayCurls--4
Absent--Senator Mathewson--1
Absent with leave--Senators--None
     SA 2 was again taken up.

     At the request of Senator Kenney, SA 2 was withdrawn.

     Senator Kenney offered SA 7:

SENATE AMENDMENT NO. 7

     Amend Senate Substitute for Senate Bill No. 709, Page 23, Section 195.961, Line 25 of said page, by inserting immediately after said line the following:

     "130.031. 1. No contribution of cash in an amount of more than one hundred dollars shall be made by or accepted from any single contributor for any election.

     2. Except for expenditures from a petty cash fund which is established and maintained by withdrawals of funds from the committee's depository account and with records maintained in accordance with the recordkeeping requirements of section 130.036 to account for expenditures made from petty cash, each expenditure of more than fifty dollars, except an in-kind expenditure, shall be made by check drawn on the committee's depository and signed by the committee treasurer. A single expenditure from a petty cash fund shall not exceed fifty dollars, and the aggregate of all expenditures from a petty cash fund during a calendar year shall not exceed the lesser of five thousand dollars or ten percent of all expenditures made by the committee during that calendar year. A check made payable to "cash" shall not be made except to replenish a petty cash fund.

     3. No contribution shall be made or accepted and no expenditure shall be made or incurred, directly or indirectly, in a fictitious name, in the name of another person, or by or through another person in such a manner as to conceal the identity of the actual source of the contribution or the actual recipient and purpose of the expenditure. Any person who receives contributions for a committee shall disclose to that committee's treasurer the recipient's own name and address and the name and address of the actual source of each contribution such person has received for that committee. Any person who makes expenditures for a committee shall disclose to that committee's treasurer such person's own name and address, the name and address of each person to whom an expenditure has been made and the amount and purpose of the expenditures he has made for that committee.

     4. No anonymous contribution of more than twenty-five dollars shall be made by any person, and no anonymous contribution of more than twenty-five dollars shall be accepted by any candidate or committee. If any anonymous contribution of more than twenty-five dollars is received, it shall be returned immediately to the contributor, if the contributor's identity can be ascertained, and if the contributor's identity cannot be ascertained, the candidate or committee treasurer shall immediately transmit that portion of the contribution which exceeds twenty-five dollars to the state treasurer and it shall escheat to the state.

     5. The maximum aggregate amount of anonymous contributions which shall be accepted in any calendar year by any committee shall be the greater of five hundred dollars or one percent of the aggregate amount of all contributions received by that committee in the same calendar year. If any anonymous contribution is received which causes the aggregate total of anonymous contributions to exceed the foregoing limitation, it shall be returned immediately to the contributor, if the contributor's identity can be ascertained, and, if the contributor's identity cannot be ascertained, the committee treasurer shall immediately transmit the anonymous contribution to the state treasurer to escheat to the state.

     6. Notwithstanding the provisions of subsection 5 of this section, contributions from individuals whose names and addresses cannot be ascertained which are received from a fund-raising activity or event, such as defined in section 130.011, shall not be deemed anonymous contributions, provided the following conditions are met:

     (1) There are twenty-five or more contributing participants in the activity or event;

     (2) The candidate, committee treasurer or the person responsible for conducting the activity or event makes an announcement that it is illegal for anyone to make or receive a contribution in excess of twenty-five dollars unless the contribution is accompanied by the name and address of the contributor;

     (3) The person responsible for conducting the activity or event does not knowingly accept payment from any single person of more than twenty-five dollars unless the name and address of the person making such payment is obtained and recorded pursuant to the recordkeeping requirements of section 130.036;

     (4) A statement describing the event shall be prepared by the candidate or the treasurer of the committee for whom the funds were raised or by the person responsible for conducting the activity or event and attached to the disclosure report of contributions and expenditures required by section 130.041. The following information to be listed in the statement is in addition to, not in lieu of, the requirements elsewhere in this chapter relating to the recording and reporting of contributions and expenditures:

     (a) The name and mailing address of the person or persons responsible for conducting the event or activity and the name and address of the candidate or committee for whom the funds were raised;

     (b) The date on which the event occurred;

     (c) The name and address of the location where the event occurred and the approximate number of participants in the event;

     (d) A brief description of the type of event and the fund-raising methods used;

     (e) The gross receipts from the event and a listing of the expenditures incident to the event;

     (f) The total dollar amount of contributions received from the event from participants whose names and addresses were not obtained with such contributions and an explanation of why it was not possible to obtain the names and addresses of such participants;

     (g) The total dollar amount of contributions received from contributing participants in the event who are identified by name and address in the records required to be maintained according to the provisions of section 130.036.

     7. No candidate or committee in this state shall accept contributions from any out-of-state committee unless the out-of-state committee from whom the contributions are received has filed a statement of organization under the provisions of section 130.021 or has filed the reports required by section 130.051, whichever is applicable to that committee.

     8. Any person publishing, circulating, or distributing any printed matter relative to any candidate for public office or any ballot measure shall on the face of the printed matter identify in a clear and conspicuous manner the person who paid for the printed matter with the words "Paid for by" followed by the proper identification of the sponsor as provided by this section. For the purposes of this section, "printed matter" shall be defined to include any pamphlet, circular, handbill, sample ballot, advertisement, including advertisements in any newspaper or other periodical, sign, including signs for display on motor vehicles, or other imprinted or lettered material; but "printed matter" is defined to exclude materials printed and purchased prior to May 20, 1982, if the candidate or committee can document that delivery took place prior to May 20, 1982; any sign personally printed and constructed by an individual without compensation from any other person and displayed at that individual's place of residence or on that individual's personal motor vehicle; any items of personal use given away or sold, such as campaign buttons, pins, pens, pencils, book matches, campaign jewelry, or clothing, which is paid for by a candidate or committee which supports a candidate or supports or opposes a ballot measure and which is obvious in its identification with a specific candidate or committee and is reported as required by this chapter; and any news story, commentary, or editorial printed by a regularly published newspaper or other periodical without charge to a candidate, committee or any other person.

     (1) In regard to any printed matter paid for by a candidate from the candidate's personal funds, it shall be sufficient identification to print the first and last name by which the candidate is known.

     (2) In regard to any printed matter paid for by a committee, it shall be sufficient identification to print the name of the committee as required to be registered by subsection 5 of section 130.021 and the name and title of the committee treasurer who was serving when the printed matter was paid for.

     (3) In regard to any printed matter paid for by a corporation or other business entity, labor organization, or any other organization not defined to be a committee by subdivision (7) of section 130.011 and not organized especially for influencing one or more elections, it shall be sufficient identification to print the name of the entity, the name of the principal officer of the entity, by whatever title known, and the mailing address of the entity, or if the entity has no mailing address, the mailing address of the principal officer.

     (4) In regard to any printed matter paid for by an individual or individuals, it shall be sufficient identification to print the name of the individual or individuals and the respective mailing address or addresses, except that if more than five individuals join in paying for printed matter it shall be sufficient identification to print the words "For a list of other sponsors contact:" followed by the name and address of one such individual responsible for causing the matter to be printed, and the individual identified shall maintain a record of the names and amounts paid by other individuals and shall make such record available for review upon the request of any person. No person shall accept for publication or printing nor shall such work be completed until the printed matter is properly identified as required by this subsection.

     9. Any broadcast station transmitting any matter relative to any candidate for public office or ballot measure as defined by this chapter shall identify the sponsor of such matter as required by federal law.

     10. The provisions of subsections 8, 9, and 12 of this section shall not apply to candidates for elective federal office, provided that persons causing matter to be printed or broadcast concerning such candidacies must comply with the requirements of federal law for identification of the sponsor or sponsors.

     11. It shall be a violation of this chapter for any person required to be identified as paying for printed matter under subsection 8 of this section or paying for broadcast matter under subsection 9 of this section to refuse to provide the information required or to purposely provide false, misleading, or incomplete information.

     12. In addition to the requirements of subsections 8 and 9 of this section, any printed or broadcast matter described in subsection 8 or 9 of this section which contains allegations regarding the actions, inactions, beliefs, behavior or other aspects of any candidate for office, other than the candidate or candidate committee which issued such printed or broadcast matter, shall contain in addition to the requirements of subsections 8 and 9 of this section, a statement that the information contained in the advertisement has been approved by the candidate on whose behalf the printed or broadcast matter was issued. Such statement shall be in the following form: "The contents of this advertisement have been approved and authorized by . . . . . (insert name of candidate) . . . . ., candidate for . . . . . (insert office) . . . . ." and shall be displayed or broadcast with the "Paid for by" statement required pursuant to subsections 8 and 9 of this section. Any person or committee which violates this subsection shall be subject to the penalties described in this chapter.

     13. A candidate or officeholder shall not knowingly accept a contribution from any person identified in section 313.831, RSMo."; and

     Further amend said bill, page 27, section 130.032, line 15, by inserting immediately after said line the following:

     "313.831. No person who is an officer or who owns a substantial interest in an excursion gambling boat operation, as defined in section 105.450, RSMo, shall make a contribution as defined in chapter 130, RSMo, to any candidate for public office or any officeholder. No executive lobbyist or legislative lobbyist as defined in section 105.470, RSMo, for an excursion gambling boat operation, shall make a contribution on behalf of such operation as defined in chapter 130, RSMo, to any candidate for public office or any officeholder. Any person who violates this section shall be subject to the penalty provisions of section 105.478, RSMo."; and

     Further amend the title and enacting clause accordingly.

     Senator Kenney moved that the above amendment be adopted.

     Senator Kenney offered SPA 1 to SA 7, which was read:

SENATE PERFECTING AMENDMENT NO. 1

TO SENATE AMENDMENT NO. 7

     Amend Senate Amendment No. 7 to Senate Substitute for Senate Bill No. 709, Page 8, Section 313.831, Line 7, by striking the word "substantial" and inserting in lieu thereof the following:

"one percent or greater" and further on lines 8-9 by striking "as defined in section 105.450, RSMo" and inserting in lieu thereof the following: "or who has a one percent interest or greater in a publicly traded corporation that has an interest in an excursion gambling boat, or has applied for a license to operate an excursion gambling boat in the state of Missouri.".

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

     Senator Kenney moved that SA 7, as amended, be adopted, which motion prevailed.

     Senator Banks offered SA 8, which was read:

SENATE AMENDMENT NO. 8

     Amend Senate Substitute for Senate Bill No. 709, Page 15, Section 105.959, Line 15, by adding the following:

     "7. No candidate, elected or appointed officeholder, public employee, campaign committee, candidate committee, continuing committee or connected organization as defined in section 130.011, RSMo, or any person within the third degree of consanguinity or affinity to any candidate shall solicit a campaign contribution from any lobbyist registered in this state or from any entity for whom a lobbyist is registered.".

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

     President Wilson assumed the Chair.

     Senator Clay offered SA 9, which was read:

SENATE AMENDMENT NO. 9

     Amend Senate Substitute for Senate Bill No. 709, Page 27, Section B Line 16, by inserting immediately before said line, the following:

     "Section 1. The provisions of section 105.471 shall not be applied until such time as the per diem allowed for legislators is at least eighty percent of that authorized under federal law for employees of the United States."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Wiggins resumed the Chair.

     Senator Melton offered SA 10:

SENATE AMENDMENT NO. 10

     Amend Senate Substitute for Senate Bill No. 709, Page 9, Section 105.955, Lines 20-21, by deleting the words "Cole County" and substituting in lieu thereof the following: "the county in which a prospective defendant resides".

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

     At the request of Senator Maxwell, SB 709, with SS, as amended (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 883, 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.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 883, Page 2, Section 376.854, Line 22, by striking the following from said line: "or section 1833".

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

     Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 726, 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 Aging, Families and Mental Health, to which was referred SB 947, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1 and 2, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 947, Page 1, In the Title, Line 2, by striking the word "County" and inserting in lieu thereof the following: "and Buchanan Counties"; and

     Further amend said bill, page 2, section 1, line 39, by adding after said line, the following:

     "Section 2. 1. The governor of the state of Missouri is hereby authorized to grant, bargain, sell and convey certain real property owned by the state and located in Buchanan County to United Cerebral Palsy of Buchanan County.

     2. The real property to be conveyed is more particularly described as follows:

A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 57 NORTH, RANGE 35 WEST, ST. JOSEPH, BUCHANAN COUNTY, MISSOURI, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE EAST ALONG THE SOUTH LINE OF SAID QUARTER, 50.0 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID QUARTER, 410.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID QUARTER, 150.21 FEET; THENCE EAST, AT RIGHT ANGLES TO THE WEST LINE OF SAID QUARTER, 290.0 FEET; THENCE SOUTH, PARALLEL WITH THE WEST LINE OF SAID QUARTER, 150.21 FEET; THENCE WEST, AT RIGHT ANGLES TO A LINE PARALLEL TO THE WEST LINE OF SAID QUARTER, 290.01 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 1.0 ACRES, MORE OR LESS, ALL BEING SUBJECT TO ALL PUBLIC ROADS, EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS, AND CONDITIONS, IF ANY, NOW OF RECORD.

     3. The consideration for the conveyance shall be agreed upon by the parties.

     4. The attorney general shall approve as to form the instrument of conveyance.".

SENATE COMMITTEE AMENDMENT NO. 2

     Amend Senate Bill No. 947, Page 1, Section Title, Line 2, by striking the word "County" and inserting in lieu thereof the following: "and Buchanan Counties"; and

     Further amend said bill, page 2, section 1, line 39, by inserting immediately after said line, the following:

     "Section 2. 1. The governor is hereby authorized and empowered to give, grant, bargain and convey to the city of St. Joseph, Missouri, rights-of-way for the purpose of widening a street, two tracts of certain state property located in the city of St. Joseph, Buchanan County, Missouri.

     2. The tract of property, containing two thousand forty square feet located on the North side of Frederick Avenue in St. Joseph, Missouri, to be conveyed for a new right-of-way by the state of Missouri is more particularly described as follows:

Commencing at the southeast corner of Section 3, Township 57 North, Range 35 West, Buchanan County, Missouri; thence along the south line of said section north 89 degrees 53 minutes 15 seconds west, 1291.37 feet; thence north 00 degrees 06 minutes 45 seconds east, 30.00 feet to the Point of Beginning, said point being on the north right-of-way line of Frederick Avenue; thence along said right-of-way line north 89 degrees 53 minutes 15 seconds west, 170.00 feet; thence north 00 degrees 06 minutes 45 seconds east, 12.00 feet; thence south 89 degrees 53 minutes 15 seconds east, 170.00 feet; thence south 00 degrees 06 minutes 45 seconds west, 12.00 feet to the Point of Beginning.

     3. The tract of property, containing twenty-two thousand six hundred forty-six square feet located on the South side of Frederick Avenue in St. Joseph, Missouri, to be conveyed for a new right-of- way by the state of Missouri is more particularly described as follows:

Commencing at the north quarter corner of Section 10, Township 57 North, Range 35 West, Buchanan County, Missouri; thence south along the west line of the northeast 1/4 of said Section 10, 30.00 feet to the Point of Beginning, said point being on the existing southern right-of-way line of Frederick Avenue; thence along said existing right-of-way line south 89 degrees 53 minutes 15 seconds east, 2213.31 feet; thence continuing along said line south 84 degrees 10 minutes 40 seconds east, 100.57 feet; thence north 89 degrees 53 minutes 15 seconds west, 2313.34 feet to the west line of the northeast 1/4 of said Section 10; thence north along said line 10.00 feet to the Point of Beginning.

     4. The governor is hereby authorized and empowered to give, grant and convey for the use of, the city of St. Joseph, Missouri, permanent easements for the construction and maintenance of storm sewers on two tracts of state property located in St. Joseph, Buchanan County, Missouri.

     5. The tract of property, containing three hundred square feet located on the North side of Frederick Avenue in St. Joseph, Missouri, to be conveyed for an easement by the state of Missouri is more particularly described as follows:

Commencing at the southeast corner of Section 3, Township 57 North, Range 35 West, Buchanan County, Missouri; thence along the south line of said section north 89 degrees 53 minutes 15 seconds west, 1363.87 feet; thence north 00 degrees 06 minutes 45 seconds east, 42.00 feet to the Point of Beginning; thence north 89 degrees 53 minutes 15 seconds west, 25.00 feet; thence north 00 degrees 06 minutes 45 seconds east, 12.00 feet; thence south 89 degrees 53 minutes 15 seconds east, 25.00 feet; thence south 00 degrees 06 minutes 45 seconds west, 1200 feet to the Point of Beginning.

     6. The tract of property, containing fifty thousand two hundred fifty- eight square feet located on the South side of Frederick Avenue in St. Joseph, Missouri, to be conveyed for an easement by the state of Missouri is more particularly described as follows:

Commencing at the northeast corner of Section 10, Township 57 North, Range 35 West, Buchanan County, Missouri; thence along north line of said section north 89 degrees 53 minutes 15 seconds west, 1353.48 feet to the Point of Beginning; thence south 08 degrees 56 minutes 39 seconds west, 179.04 feet; thence south 59 degrees 39 minutes 59 seconds west, 94.42 feet; thence south 40 degrees 09 minutes 06 seconds west, 403.84 feet; thence south 31 degrees 47 minutes 37 seconds west, 330.00 feet to the point of terminus for said easement.

     7. The form of the instruments of conveyances shall be approved by the attorney general.".

     Also,

     Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 940, 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 Goode, Chairman of the Committee on Commerce and Environment, submitted the following reports:

     Mr. President: Your Committee on Commerce and Environment, to which was referred SB 662, 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 Commerce and Environment, to which was referred SB 930, 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 Commerce and Environment, to which was referred SB 933, 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.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 933, Page 2, Section 311.191, Line 50, by striking the words "or any adjacent state".

     Senator Clay, Chairman of the Committee on Labor and Industrial Relations, submitted the following reports:

     Mr. President: Your Committee on Labor and Industrial Relations, to which was referred SB 844, 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 Labor and Industrial Relations, to which was referred SB 855, 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 Lybyer, Chairman of the Committee on Appropriations, submitted the following reports:

     Mr. President: Your Committee on Appropriations, to which was referred SJR 30, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Appropriations, to which was referred SB 505, begs leave to report that it has considered the same and recommends that the bill do pass.

SECOND READING OF SENATE BILLS

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

     SB 948--Agriculture and Local Government.

     SB 949--Appropriations.

     SB 950--Insurance and Housing.

     SB 952--Appropriations.

     SB 953--Civil and Criminal Jurisprudence.

     SB 954--Education.

     SB 955--Civil and Criminal Jurisprudence.

     SB 956--Civil and Criminal Jurisprudence.

     SB 957--Transportation.

     SB 958--Education.

     SB 959--Public Health and Welfare.

     SB 960--Insurance and Housing.

     SB 961--Judiciary.

     SB 962--Commerce and Environment.

     SB 963--Education.

     SB 964--Insurance and Housing.

     SB 965--Transportation.

     SB 966--Civil and Criminal Jurisprudence.

     SB 967--Aging, Families and Mental Health.

     SB 968--Conservation, Parks and Tourism.

     SB 969--Ways and Means.

     SB 970--Civil and Criminal Jurisprudence.

     SB 971--Public Health and Welfare.

     SB 972--Agriculture and Local Government.

     On motion of Senator Banks, the Senate recessed until 3:00 p.m.

RECESS

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

RESOLUTIONS

     Senator Mathewson offered Senate Resolution No. 961, regarding the General Federation of Women's Clubs (GFWC) of Missouri, Inc., which was adopted.

     Senator Maxwell offered Senate Resolution No. 962, regarding the One Hundred First Birthday of Verna L. Mendenhall, Scotland County, which was adopted.

     Senator Treppler offered Senate Resolution No. 963, regarding Berenice J. Mahacek, St. Louis County, which was adopted.

SENATE BILLS FOR PERFECTION

     Senator Howard moved that SB 661 be taken up for perfection, which motion prevailed.

     On motion of Senator Howard, SB 661 was declared perfected and ordered printed.

     Senator Russell moved that SB 497 be taken up for perfection, which motion prevailed.

     Senator Melton offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 497, Page 2, Section 2, Line 3, by adding following the word "district" the following: "who resides within the proposed district and".

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

     On motion of Senator Russell, SB 497, as amended, was declared perfected and ordered printed.

     Senator Caskey moved that SB 494, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 494, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 494

     An Act to repeal sections 473.020, 473.033,

473.050, 473.070, 473.090, 473.093, 473.097, 473.213, 473.360, 473.433, 473.657, 473.663, 473.840, 474.010, 474.250, 474.260, 474.290 and 474.333, RSMo 1994, relating to the administration of decedents' estates, and to enact eighteen new sections relating to the same subject.

     Was taken up.

     Senator Caskey moved that SCS for SB 494 be adopted.

     Senator Caskey offered SS for SCS for SB 494, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 494

     An Act to repeal sections 473.020, 473.033, 473.050, 473.070, 473.090, 473.093, 473.097, 473.213, 473.360, 473.433, 473.657, 473.663, 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 new sections relating to the same subject, with an emergency clause.

     Senator Caskey moved that SS for SCS for SB 494 be adopted.

     Senator Klarich offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 494, Page 9, Section 473.090, Line 2, by deleting the word "ten" and placing in lieu thereof the following: "fifteen"; and

     Further amend said section, page 9, line 22, by deleting the word "ten" and placing in lieu thereof the following: "fifteen"; and

     Further amend said bill, page 20, section 473.433, line 10, by inserting immediately after said line the following:

     "473.543. Each settlement filed by a personal representative shall state the period for which it is made and, among other things, shall contain a just and true account of all moneys by him collected, the date when collected, from whom collected and on what account collected, whether on claims charged in the inventory or for property sold or otherwise; and it shall show the exact amount of principal and interest collected on each claim, and also the amount and date of each expenditure or distribution, and to whom and for what paid. Such settlement shall also show what interest has been obtained by the personal representative upon any funds in his hands, and when obtained, on what amounts, for what time and at what rate percent. Each expenditure of more than seventy-five dollars for which a personal representative claims credit in any settlement shall be supported by vouchers executed by the person to whom the disbursement was made. The court has discretion to require vouchers for expenditures of less than seventy-five dollars. Every settlement shall be signed by the personal representative."; and

     Further amend said bill, page 23, section 473.663, line 2 by inserting immediately after said line the following:

     "473.823. 1. An independent personal representative is entitled to reasonable compensation for his services. The statutory schedule of compensation prescribed in section 473.153 [is prima facie evidence of reasonable compensation] shall be considered a minimum fee for services rendered. An independent personal representative may renounce his right to all or any part of the compensation. A written renunciation of fee may be filed with the court.

     2. If the will provides for compensation of the independent personal representative, and there is no contract with the decedent regarding compensation, he may renounce the provisions before qualifying only if he also renounces the right to administer independently under subsection 1 of section 473.780. In the event of such renunciation, the administration shall be supervised unless independent administration is authorized under subsection 2 or 3 of section 473.780.

     3. An independent personal representative's attorney shall be entitled to reasonable compensation for his services, but in no event shall the compensation of the independent personal representative or his attorney be in excess of the minimum prescribed by section 473.153, without authorization by the court. The schedule contained in such section shall be prima facie evidence of the reasonableness of the fees charged."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Caskey moved that SS for SCS for SB 494, as amended, be adopted, which motion prevailed.

     On motion of Senator Caskey, SS for SCS for SB 494, as amended, was declared perfected and ordered printed.

     Senator Goode moved that SB 560, with SCAs 1 and 2, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

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

     SCA 2 was taken up.

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

     Senator Goode offered SS for SB 560, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 560

     An Act to repeal sections 304.001, 304.155, 304.157 and 304.575, RSMo 1994, and section 301.010, RSMo Supp. 1995, relating to the towing of motor vehicles, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.

     Senator Goode moved that SS for SB 560 be adopted.

     Senator Melton offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Bill No. 560, Page 17, Section 304.155, Line 21 of said page, by striking said line and substituting therefor the following: "the vessel is floating loose on the water and has been unattended for more than twelve hours.".

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

     Senator Howard assumed the Chair.

     Senator Goode moved that SS for SB 560, as amended, be adopted, which motion prevailed.

     On motion of Senator Goode, SS for SB 560, as amended, was declared perfected and ordered printed.

     Senator Caskey moved that SB 852 be taken up for perfection, which motion prevailed.

     Senator Caskey offered SS for SB 852, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 852

     An Act to repeal sections 163.011, 163.031, and 165.051, RSMo 1994, and sections 164.011 and 165.011, RSMo Supp. 1995, relating to the use of public school funds, and enacting six new sections relating to the same subject, with an emergency clause.

     Senator Caskey moved that SS for SB 852 be adopted.

     At the request of Senator Caskey, SB 852, with SS (pending), was placed on the Informal Calendar.

     Senator Curls moved that SB 743, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 743, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 743

     An Act to amend chapter 376, RSMo, by adding one new section relating to insurer's subrogation to rights of recovery of insured persons.

     Was taken up.

     Senator Curls moved that SCS for SB 743 be adopted.

     Senator Curls offered SS for SCS for SB 743, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 743

     An Act to amend chapter 376, RSMo, by adding one new section relating to insurer's subrogation to rights of recovery of insured persons.

     Senator Curls moved that SS for SCS for SB 743 be adopted.

     Senator McKenna offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 743, Page 2, Section 376.1100, Lines 11-12, by striking all of said lines and the word "prejudice" on line 13 and by adding back the words "insured within thirty days." on line 11.

     Senator McKenna moved that the above amendment be adopted.

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

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 743, Pages 1 to 4, Section 376.1100, Subsections 1 to 5, by striking all said subsections 1 to 5; and

     Amend subsection 6, page 4, line 9 by inserting after the word "over" the words "other subrogation" and by striking the word "the", and by striking in line 10 the words "created by this section" and insert a period "." after the word "recovery" in line 9; and by striking the numeral "6." on line 7.

     Senator Schneider moved that the above substitute amendment be adopted.

     At the request of Senator Curls, SB 743, with SCS, SS for SCS, SA 1 and SSA 1 for SA 1 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Education, to which was referred SB 926, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

RESOLUTIONS

     Senator Kenney offered Senate Resolution No. 964, regarding Ahren Joseph "A.J." Love, Lee's Summit, which was adopted.

     Senator Kenney offered Senate Resolution No. 965, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Morey Spencer, Independence, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Wiggins introduced to the Senate, Charles W. Gotschall and Janet Oliver, Kansas City.

     Senator Wiggins introduced to the Senate, Doris Collins and Annette Waugh, Grandview; Shirley Rundel and Rachel Bachenberg, Kansas City; Jean Marie Kiefer, Harrisonville; and Edna Joyce Coonce, Raytown.

     Senator Flotron introduced to the Senate, Carroll and Arlene Burkholder and Jim and Betty Estes, Owensville.

     On behalf of Senator Mathewson, the President introduced to the Senate, a delegation of Methodist women from around the state.

     Senator Caskey introduced to the Senate, Judy Ball, Adrian; and Ruth Oldham and Phyllis Brassfield, Rich Hill.

     Senator Westfall introduced to the Senate, the Physician of the Day, Dr. Ben Koon, his wife, Lynn, and their son, Jamie Sharp, Bolivar; and Jamie was made an honorary page.

     Senator Banks introduced to the Senate, Ms. Joan Drake, Ms. Barbara Houston and Ms. Jackie Nance, St. Louis.

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

     Senator Moseley introduced to the Senate, Kathy Evans, and her sons, Blaine and Michael, Columbia; and Blaine and Michael were made honorary pages.

     Senator Mueller introduced to the Senate, Pam Compton, Peggy Adams and Annette Smith, St. Louis.

     Senator Treppler introduced to the Senate, Eunagene Pohlig and Sally Dehner, St. Louis County.

     Senator Caskey introduced to the Senate, Roberta Rogers and Elnora Fay, Belton.

     Senator Bentley introduced to the Senate, Cindy Frank, Springfield; and Karen Morgan, Joplin.

     Senator Sims introduced to the Senate, Kathy Drabowski and Merrily Goldsmith, St. Louis.

     Senator Melton introduced to the Senate, Virginia Roberts and Nell Peevy, Ozark; and Jeanette McCauley, Nixa.

     Senator Graves introduced to the Senate, Steve Kinyon, and seventh and eighth grade students from Nodaway-Holt School, Maitland.

     Senator Sims introduced to the Senate, one hundred students from Fanning and Gateway Schools, St. Louis, and Remington Traditional School, Pattonville; and E.J. Barnhart, Seth Bolstad, Tu Nguyen and Meldina Botic were made honorary pages.

     Senator McKenna introduced to the Senate, Susan Dietrich and the Hillsboro High School student council, Hillsboro.

     Senator Bentley introduced to the Senate, Carl Yendes, Springfield.

     Senator Treppler introduced to the Senate, Bernadette Lauth and Cub Scout Troop 646 from St. Catherine School, St. Louis County; and Steven Hopson, Chris Price, Bill Stanley, Tim Hackmann and Joey Schwob were made honorary pages.

     Senator Kenney introduced to the Senate, his son, Billy, Lee's Summit.

     Senator Curls introduced to the Senate, his sister, Dr. Karen E. Curls and Felicia Dawson, Kansas City.

     Senator Singleton introduced to the Senate, Mrs. Dziesinski, and her sons, Jordan and Daniel, Oronogo; and Jordan and Daniel were made honorary pages.

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