The Senate met pursuant to adjournment.

     Senator Staples in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, help us to never forget that we are sons and daughters of God, that we have resources available to us that You have promised for the asking and as Your children we should never behave in a manner unbecoming of a child of God. Most of all we give thanks that when we fail, You still love us as dear children. 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 Mathewson offered Senate Resolution No. 993, regarding the Seventy- fifth Birthday of Judge James J. Wheeler, Keytesville, which was adopted.

     Senator Staples offered Senate Resolution No. 994, regarding Raymond V. Arnold, Past Grand Exalted Ruler of the Benevolent and Protective Order of the Elks of the USA, which was adopted.

     Senator Staples offered Senate Resolution No. 995, regarding Wilford (Bill) Haskins, Lake Ozark, which was adopted.

     Senator Clay offered Senate Resolution No. 996, regarding Delores C. Thompson, St. Louis, which was adopted.

     Senator Moseley moved that SB 722, with SCS and SS for SCS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SS for SCS for SB 722 was again taken up.

     Senator Westfall offered SA 1:

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 722, Page 46, Section 577.525, Line 11 by inserting immediately after said line the following:

     "610.127. A first revocation of a driver's license of any person who is stopped for driving with two-hundredths of one percent or more blood alcohol content shall be expunged by the department of revenue if the person is not convicted of any "intoxication-related traffic offense" pursuant to sections 577.010 and 577.023, RSMo, before the age of twenty-one."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Wiggins assumed the Chair.

     Senator Ehlmann offered SA 2:

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 722, Page 37, Section 577.012, Line 10 by inserting immediately after said line the following:

     "565.024. 1. A person commits the crime of involuntary manslaughter if he:

     (1) Recklessly causes the death of another person; or

     (2) While in an intoxicated condition operates a motor vehicle in this state [and, when so operating, acts with criminal negligence to cause] causing the death of any person.

     2. Involuntary manslaughter is a class C felony."; and

     Further amend the title and enacting clause accordingly.

     Senator Ehlmann moved that the above amendment be adopted.

     Senator Ehlmann offered SPA 1 to SA 2, which was read:

     Amend Senate Amendment No. 2 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 722, Page 1, Section 565.024, Line 7, by inserting after the word "causing", the following: "an accident that results in".

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

     Senator Ehlmann moved that SA 2, as amended, be adopted, which motion failed on a standing division vote.

     At the request of Senator Moseley, SB 722, with SCS and SS for SCS, as amended (pending), was placed on the Informal Calendar.

     At the request of Senator DePasco, SA 2 to SS for SB 654 was withdrawn, rendering the pending point of order moot.

     Having voted on the prevailing side, Senator Howard moved that the vote by which SA 1 to SS for SB 654 was adopted be reconsidered, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	Howard	Johnson	Kenney
Klarich	Lybyer	Mathewson	Maxwell
McKenna	Melton	Moseley	Mueller
Quick	Rohrbach	Russell	Schneider
Scott	Sims	Singleton	Treppler
Westfall	Wiggins--30
	Nays--Senator Kinder--1
	Absent--Senators
Graves	House--2
	Absent with leave--Senator Staples--1

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

     Senator McKenna offered SA 3:

     Amend Senate Substitute for Senate Bill No. 654, Page 1, Section A, Line 3, by inserting immediately after said line, the following:

     "313.805. The commission shall have full jurisdiction over and shall supervise all gambling operations governed by sections 313.800 to 313.850. The commission shall have the following powers and shall promulgate rules and regulations to implement sections 313.800 to 313.850:

     (1) To investigate applicants and determine the priority and eligibility of applicants for a license and to select among competing applicants for a license the applicant which best serves the interests of the citizens of Missouri;

     (2) To license the operators of excursion gambling boats and operators of gambling games within such boats, to identify occupations within the excursion gambling boat operations which require licensing, and adopt standards for licensing the occupations including establishing fees for the occupational licenses and to license suppliers;

     (3) To adopt standards under which all excursion gambling boat operations shall be held and standards for the facilities within which the gambling operations are to be held, except that the commission shall allow passengers to board the excursion gambling boats at any time while such boats are docked for the remaining balance of any cruising period. Notwithstanding the provisions of chapter 311, RSMo, to the contrary, the commission may authorize the operation of gambling games on an excursion gambling boat which is also licensed to sell or serve alcoholic beverages, wine, or beer. The commission shall regulate the wagering structure for gambling excursions including providing a maximum loss of five hundred dollars per individual player per gambling excursion;

     (4) To enter the premises of excursion gambling boats, facilities, or other places of business of a licensee within this state to determine compliance with sections 313.800 to 313.850;

     (5) To investigate alleged violations of sections 313.800 to 313.850 or the commission rules, orders, or final decisions;

     (6) To assess any appropriate administrative penalty against a licensee, including, but not limited to, suspension, revocation, and penalties of an amount as determined by the commission up to three times the highest daily amount of gross receipts derived from wagering on the gambling games, whether unauthorized or authorized, conducted during the previous twelve months as well as confiscation and forfeiture of all gambling game equipment used in the conduct of unauthorized gambling games. Forfeitures under this section shall be enforced as provided under sections 513.600 to 513.645, RSMo;

     (7) To require a licensee, an employee of a licensee or holder of an occupational license to remove a person violating a provision of sections 313.800 to 313.850 or the commission rules, orders, or final orders, or other person deemed to be undesirable from the excursion gambling boat or adjacent facilities;

     (8) To require the removal from the premises of a licensee, an employee of a licensee, or a holder of an occupational license for a violation of sections 313.800 to 313.850 or a commission rule or engaging in a fraudulent practice;

     (9) To require all licensees to file all financial reports required by rules and regulations of the commission;

     (10) To issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of books, records, and other pertinent documents, and to administer oaths and affirmations to the witnesses, when, in the judgment of the commission, it is necessary to enforce sections 313.800 to 313.850 or the commission rules;

     (11) To keep accurate and complete records of its proceedings and to certify the records as may be appropriate;

     (12) To ensure that the gambling games are conducted fairly. No gambling device shall be set to pay out less than eighty percent of all wagers;

     (13) To require all licensees of gambling game operations to use a cashless wagering system whereby all players' money is converted to tokens, electronic cards, or chips which only can be used for wagering on the excursion gambling boat;

     (14) Determine which of the authorized gambling games will be permitted on any licensed excursion gambling boat;

     (15) Excursion gambling boats shall cruise, unless the commission finds that the best interest of Missouri and the safety of the public indicate the need for continuous docking of the excursion gambling boat in any city or county authorized under subsection 10 of section 313.812. The commission shall base its decision to allow continuously docked excursion gambling boats on any of the following criteria: the docking location or the excursion cruise could cause danger to the boat's passengers, violate federal law or the law of another state, or cause disruption of interstate commerce or possible interference with railway or barge transportation. In addition, the commission shall consider economic feasibility or impact that would benefit land-based development and permanent job creation. The commission shall not discriminate among applicants for continuous docking excursion gambling that are similarly situated with respect to the criteria set forth in this section;

     (16) The commission shall render a finding concerning the possibility of continuous docking, as described in subdivision (15) of this section, within thirty days after a hearing on any request from an applicant or licensee. Such hearing may be held prior to any final action on licensing to assist an applicant and any city or county in the finalizing of their economic development plan;

     (17) To take any other action as may be reasonable or appropriate to enforce sections 313.800 to 313.850 and the commission rules."; and

     Further amend the title and enacting clause accordingly.

     Senator McKenna moved that the above amendment be adopted.

     Senator Quick raised the point of order that SA 3 is out of order in that the amendment goes beyond the scope of the intent of the bill.

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

     SA 3 was again taken up.

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

     Senator Singleton offered SA 4:

     Amend Senate Substitute for Senate Bill No. 654, Page 1, In the Title, Line 3, by striking the words "admission fees on"; and

     Further amend said bill, page 1, section A, line 3, 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. 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.

     Senator Quick raised the point of order that SA 4 is out of order in that the amendment is not germane to the subject matter of the bill.

     The point of order was referred to the President Pro Tem, who ruled it well taken.

     Senator Schneider offered SA 5:

     Amend Senate Substitute for Senate Bill No. 654, Page 1, Section 313.820, Line 6, by placing an opening bracket "[" after the word "county"; and further amend said bill, said section, line 8, by placing a closing bracket "]" after the comma ",".

     Senator Schneider moved that the above amendment be adopted.

     At the request of Senator Quick, SB 654, with SS and SA 5 (pending), was placed on the Informal Calendar.

     President Pro Tem Mathewson referred SS for SB 709 to the Committee on State Budget Control.

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

     HJR 40--Aging, Families and Mental Health.

     HCS for HBs 904, 788 and 966--Public Health and Welfare.

     HB 1208--Financial and Governmental Operations.

     HB 1098--Ways and Means.

     HCS for HB 1146--Financial and Governmental Operations.

     HCS for HB 849--Civil and Criminal Jurisprudence.

     HB 905--Aging, Families and Mental Health.

     HS for HB 879--Agriculture and Local Government.

     HCS for HB 895--Education.

     HCS for HBs 844 and 1059--Insurance and Housing.

     HB 1041--Conservation, Parks and Tourism.

     HCS for HB 781--Aging, Families and Mental Health.

     HB 1313--Labor and Industrial Relations.

     HCS for HB 991--Transportation.

     HCS for HB 818--Civil and Criminal Jurisprudence.

     HB 1177--Appropriations.

     HS for HCS for HBs 1069, 794, 807, 936, 1128, 1153 and 1202--Insurance and Housing.

     HB 986--Education.

     HB 1244--Appropriations.

     HB 1097--Public Health and Welfare.

     HB 1541--Elections, Pensions and Veterans' Affairs.

     HB 1217--Insurance and Housing.

     HB 1379--Financial and Governmental Operations.

     HB 1404--Elections, Pensions and Veterans' Affairs.

     HB 1469--Financial and Governmental Operations.

     HB 979--Insurance and Housing.

     HB 823--Education.

     HB 937--Transportation.

     HB 1400--Financial and Governmental Operations.

     HCS for HB 1001--Appropriations.

     HCS for HB 1002--Appropriations.

     HCS for HB 1003--Appropriations.

     HCS for HB 1004--Appropriations.

     HCS for HB 1005--Appropriations.

     HCS for HB 1006--Appropriations.

     HCS for HB 1007--Appropriations.

     Senator Goode offered Senate Resolution No. 997, regarding Ruby Joyce Little, St. Louis, which was adopted.

     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 HBs 907 and 910, entitled:

     An Act to repeal sections 193.265, 333.041, 436.005, 436.007, 436.015, 436.021, 436.027, 436.031, 436.035, 436.038, 436.053, 436.055, 436.061, 436.067, and 436.069, RSMo 1994, relating to funerals and funeral directors, and to enact in lieu thereof sixteen new sections relating to the same subject, with penalty provisions.

     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 HCS for HB 1008, entitled:

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Public Safety, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, 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 House has taken up and passed HCS for HB 1009, entitled:

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Corrections, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, 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 House has taken up and passed HCS for HB 1010, entitled:

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Mental Health and the Department of Health, and the several divisions and programs thereof and the Missouri Health Facilities Review Committee to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, 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.

     SCS for SB 540, after having been duly signed by the Speaker of the House of Representatives in open session, was delivered to the Governor by the Secretary of the Senate.

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

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

     Senator Melton offered Senate Resolution No. 998, regarding the Ninetieth Birthday of Eva Mae Jones, Branson, 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 SJR 31; SB 501; SB 683; SB 773; and SB 837, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

     Senator Quick moved that SB 654, with SS and SA 5 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 5 was again taken up.

     At the request of Senator Schneider, SA 5 was withdrawn.

     Senator Ehlmann offered SA 6:

     Amend Senate Substitute for Senate Bill No. 654, Page 1, Section A, Line 3 of said section, by inserting immediately after said line, the following:

"116.023. Any ballot measure approved by the voters, whether by initiative petition or referendum, shall be resubmitted 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."; and

     Further amend the title and enacting clause accordingly.

     Senator Ehlmann moved that the above amendment be adopted.

     Senator Quick raised the point of order that SA 6 is out of order in that the amendment goes beyond the scope and intent of the legislation.

     The point of order was referred to the President Pro Tem, who ruled it well taken.

     Senator Ehlmann offered SA 7:

     Amend Senate Substitute for Senate Bill No. 654, Page 1, Section A, Line 3 of said section, by inserting immediately after said line, the following:

"116.023. Any ballot measure relating to excursion gambling boats which is approved by the voters, whether by initiative petition or referendum, shall be resubmitted 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."; and

     Further amend the title and enacting clause accordingly.

     Senator Ehlmann moved that the above amendment be adopted.

     Senator Quick raised the point of order that SA 7 is out of order in that the amendment goes beyond the scope and intent of the legislation.

     The point of order was referred to the President Pro Tem, who ruled it well taken.

     Senator Ehlmann offered SA 8:

     Amend Senate Substitute for Senate Bill No. 654, Page 1, Section A, Line 3 of said section, by inserting immediately after said line, the following:

"116.023. Any ballot measure relating to admissions to excursion gambling boats which is approved by the voters, whether by initiative petition or referendum, shall be resubmitted 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."; and

     Further amend the title and enacting clause accordingly.

     Senator Ehlmann moved that the above amendment be adopted.

     Senator Quick raised the point of order that SA 8 is out of order in that the amendment goes beyond the scope and intent of the legislation.

     The point of order was referred to the President Pro Tem, who ruled it well taken.

     Senator Schneider offered SA 9:

     Amend Senate Substitute for Senate Bill No. 654, Page 1, Section 313.820, Line 6 of said section, by striking the word "containing" and further by striking all of line 7 and further by striking the word "thousand," from line 8; and

     Further amend line 13, by inserting immediately after the word "city" the following: ", if any,"; and further on line 13, by striking the words "twenty-five cents" and inserting in lieu thereof the following: "the remainder".

     Senator Schneider moved that the above amendment be adopted.

     Senator Mueller offered SSA 1 for SA 9:

     Amend Senate Substitute for Senate Bill No. 654, Page 1, Section 313.820, Line 6 of said section, by striking the word "containing"; and further by striking all of line 7; and further by striking the word "thousand," from line 8; and further amend line 9, by striking "twenty-five" and inserting in lieu thereof the following: "fifty"; and further amend line 11, by striking "twenty-five" and inserting in lieu thereof the following: "fifty"; and further amend line 13, by striking "city and" and inserting in lieu thereof a comma ","; and further amend line 14, by inserting immediately after "fund" the following: "and twenty- five cents of such fee shall be paid to the municipality's excluding the home dock which are located within such county based on each municipality's population versus the population of the county as a whole".

     Senator Mueller moved that the above substitute amendment be adopted.

     At the request of Senator Quick, SB 654, with SS, SA 9 and SSA 1 for SA 9 (pending), was placed on the Informal Calendar.

     Senator Moseley moved that SB 722, with SCS and SS for SCS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     Senator Moseley offered SA 3, which was read:

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 722, Page 27, Section 302.510, Line 6 of said page, by striking the word "ten-hundredths" and inserting in lieu thereof the word "two-hundredths".

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

     Senator Melton offered SA 4:

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 722, Page 20, Section 302.304, Line 2 of said page, by inserting immediately after "assessment." the following: "Such assessment and compliance with the court determination or failure of the court to make a determination within five days of the motion shall satisfy the provisions of this section for the purpose of reinstating such person's license to operate a motor vehicle."; and

     Further amend said bill, page 32, section 302.540, line 23 of said page, by inserting immediately after "assessment." the following: "Such assessment and compliance with the court determination or failure of the court to make a determination within five days of the motion shall satisfy the provisions of this section for the purpose of reinstating such person's license to operate a motor vehicle."; and

     Further amend said bill, page 42, section 577.041, line 21 of said page, by inserting immediately after "assessment." the following: "Such assessment and compliance with the court determination or failure of the court to make a determination within five days of the motion shall satisfy the provisions of this section for the purpose of reinstating such person's license to operate a motor vehicle.".

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

     Senator Johnson assumed the Chair.

     Senator Moseley moved that SS for SCS for SB 722, as amended, be adopted, which motion prevailed.

     On motion of Senator Moseley, SS for SCS for SB 722, as amended, was declared perfected and ordered printed.

     Senator Maxwell moved that SB 795, SB 542 and SB 563, with SCS and SS for SCS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SS for SCS for SBs 795, 542 and 563 was again taken up.

     Senator Westfall offered SA 2:

     Amend Senate Substitute for Senate Committee Substitute for Senate - Bills Nos. 795, 542 and 563, Page 2, Section 137.073, Lines 3-4 of said page, by striking the following from said lines: "and until but not including the 1997-98 school year"; and further on line 6 of said page, by inserting immediately after "RSMo," the following: "less all adjustments required pursuant to article X, section 22 of the Missouri constitution,"; and

     Further amend said bill, page 22, section 163.021, lines 17-18 of said page, by striking the following from said lines: "until but not including the 1997-98 school year,"; and further on line 19 of said page, by inserting immediately after the word "subsection" the following: "less all adjustments required pursuant to article X, section 22 of the Missouri constitution".

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

     Senator Wiggins resumed the Chair.

     Senator Caskey offered SA 3:

     Amend Senate Substitute for Senate Committee Substitute for Senate - Bills Nos. 795, 542 and 563, Page 5, Section 137.073, Line 23 of said page, by inserting immediately after "property" the following: ", but shall not include that portion of the increase in valuation of personal property for the current year over that of the previous year which exceeds the increase in the consumer price index"; and

     Further amend said bill and section, page 6, line 14 of said page, by inserting immediately after "property" the following: "; except that such personal property factor shall not exceed the increase in the consumer price index".

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

     Senator Maxwell moved that SS for SCS for SBs 795, 542 and 563, as amended, be adopted, which motion prevailed.

     On motion of Senator Maxwell, SS for SCS for SBs 795, 542 and 563, as amended, was declared perfected and ordered printed.

     Senator Curls moved that SB 743, with SCS, SS for SCS, SA 1, and SSA 1 for SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SSA 1 for SA 1 was again taken up.

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

     SA 1 was again taken up.

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

     Senator Johnson resumed the Chair.

     Senator Melton offered SA 2, which was read:

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 743, Page 2, Section 376.1100, Line 14, by inserting after the word "court" the following: "and the insured's legal representative"; and further amend said section on page 2, line 14, by adding after the word "section" the following: "and failure to do so shall relieve the insured's legal representative of any liability to the insured's insurer".

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

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

     Senator Wiggins resumed the Chair.

     Senator Johnson moved that SB 802 be taken up for perfection, which motion prevailed.

     Senator Lybyer offered SA 1:

     Amend Senate Bill No. 802, Page 1, In the Title, Lines 2-3, by striking said lines and inserting in lieu thereof the following: "To repeal section 105.950, RSMo 1994, relating to benefits for public officers and employees, and to enact in lieu thereof two new sections relating to the same subject."; and

     Further amend said bill, page 1, section A, lines 1-2, by striking said lines and inserting in lieu thereof the following:

     "Section A. Section 105.950, RSMo 1994, is repealed and two new sections enacted in lieu thereof to be known as section 105.202 and 105.950, to read as follows:"; and

     Further amend said bill, page 2, section 105.202, line 18, by inserting immediately after said line, the following:

     "105.950. 1. The commissioner of administration and the director of the department of revenue shall each receive an annual salary of sixty-five thousand dollars. The director of the department of social services shall receive an annual salary of sixty thousand dollars, or such amount in excess thereof as appropriated. The directors of the departments of agriculture; economic development; corrections; labor and industrial relations; natural resources; and public safety shall each receive an annual salary of fifty-seven thousand five hundred dollars.

     2. Each of the above salaries shall be increased by any salary adjustment provided pursuant to the provisions of section 105.005.".

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

     Senator Moseley offered SA 2:

     Amend Senate Bill No. 802, Page 1, Section 105.202, Line 18, by inserting immediately after said line the following:

     "174.800. 1. The general assembly hereby finds that it is important for the regional colleges and universities to be able to attract and retain the most qualified faculty and staff to enhance the educational, service and research responsibilities of the institutions, and that in order to attract and retain such employees, the institutions of higher education should have maximum flexibility to provide an alternative retirement program under which annuity contracts, either fixed or variable or a combination thereof, providing retirement and death benefits may be purchased for eligible employees of the system.

     2. As used in sections 174.800 to 174.815, the term "institutions" shall mean Truman State University, Northwest Missouri State University, Southeast Missouri State University, Southwest Missouri State University, Central Missouri State University, Harris-Stowe State College, Lincoln University, Missouri Western State College, and Missouri Southern State College.

     174.805. 1. The provisions of chapter 104, RSMo, to the contrary notwithstanding, each institution may establish an optional retirement program to the Missouri state employees' retirement system through which annuity contracts, either fixed or variable or a combination thereof, providing retirement and death benefits will be purchased for and become the property of the eligible employees of each institution. All full-time teaching and certain administrative personnel of each institution described in section 174.800 shall be eligible employees for purposes of participating in the optional retirement plan. Eligible administrative personnel shall be limited to those administrators who hold faculty-level appointments or who have policy-making responsibilities.

     2. Each institution which chooses to establish an optional retirement program shall:

     (1) Provide for the administration of the program;

     (2) Designate at least two but not more than three companies to which payment of such contributions may be made, taking into consideration:

     (a) The nature and extent of the rights and benefits to be provided by such contracts for electing employees and their beneficiaries;

     (b) The relation of such rights and benefits to the amount of the contributions to be made pursuant to sections 174.800 to 174.815;

     (c) The suitability of such rights and benefits to the needs and interests of electing employees and their employing institutions;

     (d) The ability and experience of the designated companies in providing contracts meeting the criteria of paragraphs (a) through (e) of subdivision (2) of this subsection; and

     (e) The efficacy of the contracts in the recruitment and retention of faculty and administrators.

     174.807. 1. All eligible employees of the institution may elect to participate in the optional retirement program as of the date of their employment.

     2. Elections to participate in the optional retirement program shall be made as follows:

     (1) Eligible employees initially appointed on or after the effective date of the establishment of this optional retirement program shall elect, within sixty days after their employment commences:

     (a) To join the Missouri state employees' retirement system in accordance with the provisions of chapter 104, RSMo; or

     (b) To participate in the optional retirement program established pursuant to sections 174.800 to 174.815;

     (2) Eligible employees who are members of the Missouri state employees' retirement system and who were initially appointed to an eligible position subsequent to the effective date of the establishment of the optional retirement program may elect to participate in the optional retirement program in lieu of remaining members of the Missouri state employees' retirement system. This election shall be in writing and must be filed with the institution no later than sixty days after the effective date of the appointment to any eligible position. The election shall constitute a waiver of all rights and benefits for employees who are not vested at the time they terminate participation in Missouri state employees' retirement system. Employees who are vested in the Missouri state employees' retirement system at the time they terminate participation shall not forfeit their vested benefits;

     (3) Any member of the Missouri state employees' retirement system who is appointed subsequent to the effective date of this act to a position for which the optional retirement program is available may elect to participate in the optional retirement plan in the same manner and subject to the same conditions as provided in subdivision (2) of subsection 2 of this section, except that the election provided for subdivision (2) of subsection 2 of this section shall be made within sixty days of the effective date of the appointment to the eligible position.

     3. An election pursuant to this subsection 2 of this section shall be:

     (1) In writing and filed with the institution in the manner prescribed by the institution;

     (2) Accompanied by an appropriate application, where required, for the issuance of a contract or contracts under the program; and

     (3) Irrevocable as long as the person is employed in any eligible position by the institution.

     4. Any eligible employee electing to participate in the optional retirement program shall be ineligible for membership in the Missouri state employees' retirement system. In the event an optional retirement program participant assumes a position in public service for which the optional retirement program is not available, or the optional retirement program is terminated at any time, participants shall be automatically enrolled in the Missouri state employees' retirement system from the date on which participation terminates in the optional retirement program and shall receive no service credit, except for vesting purposes, in the Missouri state employees' retirement system for the years in which they participated in the optional retirement program.

     174.810. 1. The employer contribution rate shall equal seven percent of salary for each participating employee.

     2. The employee contribution shall be three percent of salary and shall be made on a before-tax basis under section 414(h) of the Internal Revenue Code of 1986, as amended.

     3. Each employer shall continue to contribute to the unfunded liability of the Missouri state employees' retirement system. This amount designated for the unfunded liability shall be the same as the percentage of salary contribution for the unfunded liability for employees participating in the Missouri state employees' retirement system, but no greater than two and one-half percent. This amount shall be remitted to the Missouri state employees' retirement system and applied to the unfunded liability of that system.

     4. Compensation shall include all salary and wages payable out of any state, federal, trust or other funds to an employee for personal services performed for a department, but shall not include any non-recurring single sum payments or amounts paid after the member's retirement.

     5. Contributors to the optional retirement program shall be immediately vested.

     174.812. No retirement, death or other benefit shall be paid by the state for services credited under the optional retirement program. Such benefits are payable to participants or their beneficiaries only by the designated companies in accordance with the terms of the contracts.

     174.815. 1. As used in this section, the term "employee" shall mean as defined in section 104.010, RSMo.

     2. No employee shall be eligible to claim or receive retirement benefits based on service as an employee of the state of Missouri, at the same time that the employee is employed full time by the state of Missouri.

     3. The provisions of this section shall not affect the rights of any employee to claim or receive benefits payable by law to the employee as a surviving spouse or surviving dependent of any retiree who was previously employed by the state of Missouri.

     4. The provisions of this section shall not affect the rights of any employee to become a member of, or claim or receive benefits from, two or more retirement systems provided by law to employees of the state of Missouri, provided that the employee has retired from employment with the state of Missouri prior to claiming or receiving benefits from any such retirement system."; and

     Further amend the title and enacting clause accordingly.

     Senator Moseley moved that the above amendment be adopted.

     At the request of Senator Johnson, SB 802, with SA 2 (pending), was placed on the Informal Calendar.

     President Pro Tem Mathewson re-referred HCS for HBs 1069, 794, 807, 936, 1128, 1153 and 1202 to the Committee on Public Health and Welfare.

     Senator Howard offered Senate Resolution No. 999, regarding Jacob Ryan Petersen, Poplar Bluff, which was adopted.

     Senator Mueller offered Senate Resolution No. 1000, regarding Boy Scout Troop 302, Webster Groves, which was adopted.

     Senator Wiggins offered Senate Resolution No. 1001, regarding the death of Mrs. Ann Nelson, Kansas City, which was adopted.

     Senator Wiggins offered Senate Resolution No. 1002, regarding the death of Imogene B. Rose, Kansas City, which was adopted.

     Senator Wiggins offered Senate Resolution No. 1003, regarding the death of Eupha Jane "Billie" Smith, Raytown, which was adopted.

     Senator Wiggins offered Senate Resolution No. 1004, regarding the death of LaVeta Todd, Kansas City, which was adopted.

     Senator Wiggins offered Senate Resolution No. 1005, regarding the death of Reed Philip Byers, Kansas City, which was adopted.

     Senator Rohrbach offered Senate Resolution No. 1006, regarding the American Business Women Association, which was adopted.

     Senator House introduced to the Senate, John Hawk, Warrenton; Francis Flansburg, Louisiana; and Lisa Orf, Bowling Green.

     Senator Treppler introduced to the Senate, Sarah Rhea, Cor Jesu Academy, St. Louis County.

     Senator Lybyer introduced to the Senate, Jill Aholt, and her parents, Jeff and Brenda Aholt, and Lonnie Thompson, Linn.

     Senator Singleton introduced to the Senate, Mary Terry, Reeds; and Doug York, Jasper.

     Senator Schneider introduced to the Senate, students from Highland Elementary School, St. Louis.

     On behalf of Senators Caskey, DePasco, Quick, Wiggins and himself, Senator Kenney introduced to the Senate, Pam Lewis, Raytown; Dawn Short, Belton; Beth Philbrick, Liberty; Liane Colburn, Spring Hill; Cheryl Gaggens, Kansas City; and Crystal Irwin, LaCygne, Kansas.

     Senator Bentley introduced to the Senate, Sue Adams, Springfield; Dave Litzenberger, Bob Blankenship, Joe Colbert, Joe Quinn and Frank Edwards, Kansas City.

     Senator Moseley introduced to the Senate, students from Cairo Elementary School, Cairo; and Benjamin Watkins, Faith Wemhoff, Timmy Miller and Laura Pechawer were made honorary pages.

     Senator Russell introduced to the Senate, former state representative Al Nilges, Lake Ozark.

     Senator Russell introduced to the Senate, Kathy Yost, and a delegation from the Gifted Students Program, Camdenton R-III School, Camdenton.

     Senator Moseley introduced to the Senate, Adele Edwards, and ninety eighth grade students from Chesterboren Middle School, Centralia; and Rebekah Dorr, Amanda Forshee, Cindy Cravens and Luke Estes were made honorary pages.

     Senator Russell introduced to the Senate, Kendra Davis, Osage Beach; and Kendra was made an honorary page.

     Senator Moseley introduced to the Senate, members of the POSSE Club, Moberly; and Kendall Enyard, Whitney Anderson, Dana Patrick and Sabina Berbic were made honorary pages.

     Senator Graves introduced to the Senate, sixth grade students from Chillicothe.

     On behalf of Senator Wiggins, the President introduced to the Senate, Donna Phelps, Kate Corwin, Margo Soule, Robert K. McCall, Cal Kleinmann, Greg Drown, Chris Busch, Shaun Moore, Dan Bolen and Daniel Goldstein, members of the Kansas City Tomorrow Leadership Class.

     Senator Treppler introduced to the Senate, Cal Rudsinsky, and fifty-five fifth grade students from Green Park Lutheran School, St. Louis.

     Senator Mathewson introduced to the Senate, R. Scott Weston, and a delegation from the Christian Family Institute, Richmond.

     On behalf of Senator Wiggins, the President introduced to the Senate, Sarah Brown, and her parents, Michael and Roberta, Kansas City.

     Senator Mathewson introduced to the Senate, Nathan Cooper, Chris Robertson, Dr. Ken Dobbins, Jane Stacy, Marvin Proffer, Dr. Rick Althaus, and a group of thirty students and eight interns from Southeast Missouri State University, Cape Girardeau.

     Senator Graves introduced to the Senate, Paul Cade and students from Tarkio Academy, Tarkio.

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