SENATE JOURNAL - FORTY-SECOND DAY--WEDNESDAY, MARCH 20, 1996

Journal of the Senate

SECOND REGULAR SESSION

FORTY-SECOND DAY--WEDNESDAY, MARCH 20, 1996

The Senate met pursuant to adjournment.

Senator Wiggins in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, Paul wrote in the Bible, "Be at peace among yourselves." Lord, in order for there to be peace in our world, let it begin with us. Help us to be agreeable in our disagreements, respectful of the views of others and love those whose ideas aren't the same as ours. Let there be peace on earth and let it begin in us. In Jesus Name we pray. 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.

President Wilson assumed the Chair.

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
Staples Treppler Westfall Wiggins--32

Absent with leave--Senators
Sims Singleton--2

The Lieutenant Governor was present.

Senator Wiggins resumed the Chair.

Senator Banks announced that Dan Gill and Thomas Scharenburg had been given permission to take pictures in the Senate Chamber today.

Senator Staples assumed the Chair.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which were referred SB 643 and SS for SB 709, begs leave to report that it has considered the same and recommends that the bills do pass.

THIRD READING OF SENATE BILLS

SB 572, introduced by Senator Moseley, entitled:

An Act to repeal sections 160.051, 160.053 and 171.031, RSMo 1994, relating to public schools, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

On motion of Senator Moseley, SB 572 was read the 3rd time and passed by the following vote:

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

Nays--Senators--None

Absent--Senator Curls--1

Absent with leave--Senators
Sims Singleton--2

The President declared the bill passed.

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

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

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

SB 643, introduced by Senator DePasco, et al, entitled:

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

Was taken up.

On motion of Senator DePasco, SB 643 was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Caskey Clay Curls
DePasco Flotron Goode House
Howard Johnson Lybyer Mathewson
Maxwell McKenna Moseley Quick
Russell Schneider Scott Staples
Treppler Westfall Wiggins--23

Nays--Senators
Ehlmann Graves Kenney Kinder
Klarich Melton Mueller Rohrbach--8

Absent--Senator Bentley--1

Absent with leave--Senators
Sims Singleton--2

The President declared the bill passed.

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

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

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

SS for SB 709, introduced by Senator Maxwell, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 709

An Act to repeal sections 105.470, 105.483, 105.487, 105.959, 105.961, 130.031, 130.032 and 130.057, RSMo 1994, and sections 105.955 and 130.037, RSMo Supp. 1995, relating to certain public officials, and to enact in lieu thereof sixteen new sections relating to the same subject, with an emergency clause.

Was taken up.

On motion of Senator Maxwell, SS for SB 709 was read the 3rd time and passed by the following vote:

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

Nays--Senators--None

Absent--Senators--None

Absent with leave--Senators
Sims Singleton--2

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

SCS for SJR 31, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE JOINT RESOLUTION NO. 31

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 5 of article V of the Constitution of Missouri, relating to the practice of law, and adopting one new section in lieu thereof relating to the same subject.

Was taken up by Senator Mueller.

On motion of Senator Mueller, SCS for SJR 31 was read the 3rd time and passed by the following vote:

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

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

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

SB 501, introduced by Senator Mathewson, entitled:

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

Was taken up.

On motion of Senator Mathewson, SB 501 was read the 3rd time and passed by the following vote:

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

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

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

SB 683, introduced by Senators Mueller and Mathewson, entitled:

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

Was taken up by Senator Mueller.

On motion of Senator Mueller, SB 683 was read the 3rd time and passed by the following vote:

Yeas--Senators
Bentley Caskey Curls DePasco
Ehlmann Flotron Goode Graves
House Johnson Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Schneider Scott
Staples Treppler Westfall Wiggins--28

Nays--Senators
Banks Clay Howard Kenney--4

Absent--Senators--None

Absent with leave--Senators
Sims Singleton--2

The President declared the bill passed.

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

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

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

SB 773, introduced by Senators Goode and Rohrbach, entitled:

An Act to repeal sections 36.030, 36.031, 36.040, 36.050, 36.100, 36.110, 36.120, 36.140, 36.170, 36.180, 36.190, 36.210, 36.240, 36.250, 36.260, 36.280, 36.300, 36.320, 36.330, 36.360, 36.390 and 36.510, RSMo 1994, and section 36.020, RSMo Supp. 1995, relating to Missouri merit system and uniform classification and pay system, and to enact in lieu thereof twenty-three new sections relating to the same subject.

Was taken up by Senator Goode.

On motion of Senator Goode, SB 773 was read the 3rd time and passed by the following vote:

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

Nays--Senators--None

Absent--Senators
Flotron McKenna--2

Absent with leave--Senators
Sims Singleton--2

The President declared the bill passed.

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

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

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

SB 837, introduced by Senator Mathewson, entitled:

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

Was taken up.

On motion of Senator Mathewson, SB 837 was read the 3rd time and passed by the following vote:

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

Nays--Senators--None

Absent--Senator McKenna--1

Absent with leave--Senators
Sims Singleton--2

The President declared the bill passed.

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

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

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

SB 900, introduced by Senator Johnson, entitled:

An Act to repeal section 104.090, RSMo 1994, relating to retirement of state officers and employees, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Johnson, SB 900 was read the 3rd time and passed by the following vote:

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

Nays--Senators--None

Absent--Senators
Klarich McKenna--2

Absent with leave--Senators
Sims Singleton--2

The President declared the bill passed.

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

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

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

SB 860, with SCS No. 2, introduced by Senator Johnson, entitled:

An Act to repeal sections 169.035, 169.050, 169.589 and 169.650, RSMo 1994, and sections 169.030, 169.055, 169.056, 169.057, 169.075, 169.560, 169.620, 169.630, 169.655 and 169.660, RSMo Supp. 1995, relating to teacher and school employee retirement systems, and to enact thirteen new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS No. 2 for SB 860, entitled:

SENATE COMMITTEE SUBSTITUTE NO. 2 FOR SENATE BILL NO. 860

Was taken up.

Senator Johnson moved that SCS No. 2 for SB 860 be adopted, which motion prevailed.

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

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

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

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

SB 527, with SCA 1, introduced by Senator Moseley, entitled:

An Act to repeal section 575.010, RSMo 1994, relating to offenses against the administration of justice, and to enact three new sections relating to the same subject, with penalty provisions.

Was called from the Consent Calendar and taken up.

SCA 1 was taken up.

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

On motion of Senator Moseley, SB 527, as amended, was read the 3rd time and passed by the following vote:

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

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

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

SB 834, with SCA 1, introduced by Senator Graves, entitled:

An Act to repeal sections 194.400 and 194.410, RSMo 1994, relating to unmarked human burial sites, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

Was called from the Consent Calendar and taken up.

SCA 1 was taken up.

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

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

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

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

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

SB 914, with SCA 1, introduced by Senator Quick, entitled:

An Act to repeal sections 110.130, 110.140, 110.150, 140.170 and 140.190, RSMo 1994, relating to county government, and to enact in lieu thereof five new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

SCA 1 was taken up.

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

On motion of Senator Quick, SB 914, as amended, was read the 3rd time and passed by the following vote:

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

Nays--Senators--None

Absent--Senator Klarich--1

Absent with leave--Senators
Sims Singleton--2

The President declared the bill passed.

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

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

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

Senator Quick assumed the Chair.

SB 883, with SCA 1, introduced by Senators Bentley and Schneider, entitled:

An Act to repeal sections 376.854, 376.859, 376.864, 376.869, 376.879 and 376.886, RSMo 1994, relating to medicare supplement insurance, and to enact in lieu thereof six new sections relating to the same subject, with an emergency clause.

Was called from the Consent Calendar and taken up by Senator Bentley.

SCA 1 was taken up.

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

On motion of Senator Bentley, SB 883, as amended, was read the 3rd time and passed by the following vote:

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

Nays--Senators--None

Absent--Senator Johnson--1

Absent with leave--Senators
Sims Singleton--2

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

Nays--Senators--None

Absent--Senators
Johnson Moseley--2

Absent with leave--Senators
Sims Singleton--2

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

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

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

SB 726, with SCS, introduced by Senator Howard, entitled:

An Act to amend chapter 192, RSMo, by adding two new sections relating to public health functions.

Was called from the Consent Calendar and taken up.

SCS for SB 726, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 726

An Act to amend chapter 192, RSMo, by adding one new section relating to public health and welfare.

Was taken up.

Senator Howard moved that SCS for SB 726 be adopted, which motion prevailed.

On motion of Senator Howard, SCS for SB 726 was read the 3rd time and passed by the following vote:

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

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

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

SB 947, with SCAs 1 and 2, introduced by Senator Staples, entitled:

An Act relating to the conveyance of certain property in St. Francois County.

Was called from the Consent Calendar and taken up.

SCA 1 was taken up.

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

SCA 2 was taken up.

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

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

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

Nays--Senators--None

Absent--Senators
Lybyer Maxwell--2

Absent with leave--Senators
Sims Singleton--2

The President declared the bill passed.

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

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

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

SB 940, introduced by Senator Clay, entitled:

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

Was called from the Consent Calendar and taken up.

On motion of Senator Clay, SB 940 was read the 3rd time and passed by the following vote:

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

Nays--Senators--None

Absent--Senators
Lybyer Staples--2

Absent with leave--Senators
Sims Singleton--2

The President declared the bill passed.

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

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

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

Senator Wiggins resumed the Chair.

SB 662, with SCS, introduced by Senator Howard, entitled:

An Act to repeal section 260.831, RSMo 1994, relating to removing the termination date on landfill fees in certain counties, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 662, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 662

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

Was taken up.

Senator Howard moved that SCS for SB 662 be adopted, which motion prevailed.

On motion of Senator Howard, SCS for SB 662 was read the 3rd time and passed by the following vote:

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

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

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

SB 930, introduced by Senator McKenna, entitled:

An Act to repeal section 329.265, RSMo Supp. 1995, relating to cosmetology, and to enact one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator McKenna, SB 930 was read the 3rd time and passed by the following vote:

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

Nays--Senators--None

Absent--Senator Mueller--1

Absent with leave--Senators
Sims Singleton--2

The President declared the bill passed.

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

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

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

SB 933, with SCA 1, introduced by Senator Flotron, entitled:

An Act to amend chapter 311, RSMo, by adding one new section relating to the auction of vintage wine, with penalty provisions.

Was called from the Consent Calendar and taken up.

SCA 1 was taken up.

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

On motion of Senator Flotron, SB 933, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Clay Curls
DePasco Ehlmann Flotron Goode
Graves House Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Moseley Mueller Rohrbach
Schneider Scott Treppler Wiggins--24

Nays--Senators
Caskey Howard Johnson Melton
Quick Russell Westfall--7

Absent--Senator Staples--1

Absent with leave--Senators
Sims Singleton--2

The President declared the bill passed.

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

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

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

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SS for SCS for SBs 795, 542 and 563 and SS for SCS for SB 722, 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.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1011, entitled:

An Act to appropriate money for the expenses, grants, and distributions of the Department of Social Services 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 1012, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Chief Executive's Office and Mansion, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Missouri Prosecuting Attorneys and Circuit Attorneys Retirement System, and the Judiciary and the Office of the State Public Defender, and the several divisions and programs thereof, and for the payment of salaries and mileage of members of the State Senate and the House of Representatives and Contingent expenses of the General Assembly, including salaries and expenses of elective and appointive officers and necessary capital improvements expenditures; for salaries and expenses of members and employees and other necessary operating expenses of the Missouri Commission on Interstate Cooperation, the Committee on Legislative Research, the Committee on Public Employee Retirement, the Committee on Administrative Rules, the Joint Committee on Capital Improvements Oversight and the Joint Committee on Economic Development; and for the expenses of the interim committees established by the General Assembly, 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.

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

RECESS

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

RESOLUTIONS

Senator Maxwell offered Senate Resolution No. 1007, regarding Heather Renee Arnold, Mexico, which was adopted.

Senator Wiggins offered Senate Resolution No. 1008, regarding Robert L. Becker, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1009, regarding Elizabeth Hornbeck, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1010, regarding Betty L. Schaffer, Holts Summit, which was adopted.

Senator Wiggins offered Senate Resolution No. 1011, regarding the death of Guy William Myers, Grandview, which was adopted.

Senator Wiggins offered Senate Resolution No. 1012, regarding the death of Carl A. Letzig, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 1013, regarding the death of Charles L. LeCluyse, Overland Park, Kansas, which was adopted.

Senator Wiggins offered Senate Resolution No. 1014, regarding the death of Mary G. "Mamie" King, Raytown, which was adopted.

Senator Wiggins offered Senate Resolution No. 1015, regarding the death of Shawn Kevin Hagerty, Raytown, which was adopted.

Senator Wiggins offered Senate Resolution No. 1016, regarding the death of Donald M. Growney, Shawnee Mission, Kansas, which was adopted.

Senator Wiggins offered Senate Resolution No. 1017, regarding the death of Alvie Arthur Davis, Raytown, which was adopted.

Senator Wiggins offered Senate Resolution No. 1018, regarding Dana Gilmore, Kansas City, which was adopted.

Senator Maxwell offered Senate Resolution No. 1019, regarding Debbie Schick, Mexico, which was adopted.

THIRD READING OF SENATE BILLS

SB 844, introduced by Senator Flotron, entitled:

An Act to repeal sections 287.020, 287.030, and 287.090, RSMo 1994, relating to employer and employee coverages and exemptions, and to enact in lieu thereof four new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

Senator Flotron moved that SB 844 be read the 3rd time and finally passed.

At the request of Senator Flotron, the above motion was withdrawn.

SB 855, introduced by Senator Clay, entitled:

An Act to amend chapter 288, RSMo, by adding thereto one new section relating to the withholding of income taxes from unemployment compensation benefits.

Was called from the Consent Calendar and taken up.

On motion of Senator Clay, SB 855 was read the 3rd time and passed by the following vote:

Yeas--Senators
Bentley Caskey Clay Ehlmann
Flotron Graves House Howard
Johnson Kenney Kinder Klarich
Mathewson Maxwell Melton Moseley
Mueller Quick Rohrbach Russell
Schneider Sims Staples Westfall
Wiggins--25

Nays--Senators--None

Absent--Senators
Banks Curls DePasco Goode
Lybyer McKenna Treppler--7

Absent with leave--Senators
Scott Singleton--2

The President declared the bill passed.

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

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

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

SB 926, introduced by Senator Melton, entitled:

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

Was called from the Consent Calendar and taken up.

On motion of Senator Melton, SB 926 was read the 3rd time and passed by the following vote:

Yeas--Senators
Bentley Caskey Clay DePasco
Ehlmann Flotron Goode Graves
House Howard Johnson Kenney
Kinder Klarich Mathewson Maxwell
McKenna Melton Moseley Mueller
Quick Rohrbach Russell Schneider
Sims Staples Westfall Wiggins--28

Nays--Senators--None

Absent--Senators
Banks Curls Lybyer Treppler--4

Absent with leave--Senators
Scott Singleton--2

The President declared the bill passed.

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

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

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

SB 955, introduced by Senator Caskey, entitled:

An Act to amend supreme court rule 1.8, relating to prohibited transactions between attorneys and their clients.

Was called from the Consent Calendar and taken up.

Senator Caskey moved that SB 955 be read the 3rd time and finally passed.

At the request of Senator Caskey, the above motion was withdrawn.

SB 929, introduced by Senator McKenna, entitled:

An Act to repeal section 195.017, RSMo 1994, relating to the regulation of certain drugs, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

Was called from the Consent Calendar and taken up.

On motion of Senator McKenna, SB 929 was read the 3rd time and passed by the following vote:

Yeas--Senators
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 Sims Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senators
Banks Staples--2

Absent with leave--Senators
Scott Singleton--2

The President declared the bill passed.

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

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

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

Senator Howard assumed the Chair.

SB 970, introduced by Senator Graves, entitled:

An Act to repeal section 290.500, RSMo 1994, and sections 211.181 and 211.185, RSMo Supp. 1995, relating to restitution by juvenile offenders, and to enact three new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Graves, SB 970 was read the 3rd time and passed by the following vote:

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

Nays--Senators--None

Absent--Senators
Banks McKenna Schneider Staples--4

Absent with leave--Senators
Scott Singleton--2

The President declared the bill passed.

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

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

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

SB 945, introduced by Senator Westfall, entitled:

An Act to repeal section 70.220, RSMo 1994, relating to cooperation between political subdivisions of the state, and to enact one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Westfall, SB 945 was read the 3rd time and passed by the following vote:

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

Nays--Senators--None

Absent--Senators
Banks Russell--2

Absent with leave--Senators
Scott Singleton--2

The President declared the bill passed.

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

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

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

SB 916, with SCS, introduced by Senator Bentley, entitled:

An Act to repeal section 197.254, RSMo 1994, relating to hospice facilities, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 916, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 916

An Act to repeal section 197.254, RSMo 1994, relating to hospice facilities, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Bentley moved that SCS for SB 916 be adopted, which motion prevailed.

On motion of Senator Bentley, SCS for SB 916 was read the 3rd time and passed by the following vote:

Yeas--Senators
Bentley Caskey Clay Curls
DePasco Ehlmann Flotron Goode
House Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Quick Russell Schneider Sims
Staples Treppler Westfall Wiggins--28

Nays--Senator Rohrbach--1

Absent--Senators
Banks Graves Mueller--3

Absent with leave--Senators
Scott Singleton--2

The President declared the bill passed.

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

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

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

SB 703, introduced by Senator Wiggins, entitled:

An Act to repeal section 376.381, RSMo 1994, relating to mental health expense benefits, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Wiggins, SB 703 was read the 3rd time and passed by the following vote:

Yeas--Senators
Bentley Caskey Clay DePasco
Ehlmann Flotron Goode Graves
House Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Moseley Quick
Russell Schneider Sims Staples
Treppler Westfall Wiggins--27

Nays--Senators
Melton Mueller Rohrbach--3

Absent--Senators
Banks Curls--2

Absent with leave--Senators
Scott Singleton--2

The President declared the bill passed.

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

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

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

SB 888, introduced by Senator Goode, entitled:

An Act to repeal section 144.025, RSMo 1994, relating to sales taxes, and to enact one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Goode, SB 888 was read the 3rd time and passed by the following vote:

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

Nays--Senator Howard--1

Absent--Senator Banks--1

Absent with leave--Senators
Scott Singleton--2

The President declared the bill passed.

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

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

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

SB 868, with SCA 1, introduced by Senator Schneider, entitled:

An Act to repeal section 287.210, RSMo 1994, relating to workers' compensation, and to enact one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

SCA 1 was taken up.

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

Senator Schneider moved that SB 868, as amended, be read the 3rd time and finally passed.

Senator Schneider was recognized to close.

President Pro Tem Mathewson referred SB 868, as amended, to the Committee on State Budget Control.

SB 896, with SCS, introduced by Senator Curls, entitled:

An Act to repeal section 375.700, RSMo 1994, relating to the distribution of assets of dissolved insurers, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up.

SCS for SB 896, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 896

An Act to repeal sections 375.700 and 375.1218, RSMo 1994, relating to the distribution of assets of dissolved insurers, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Curls moved that SCS for SB 896 be adopted, which motion prevailed.

On motion of Senator Curls, SCS for SB 896 was read the 3rd time and passed by the following vote:

Yeas--Senators
Bentley Caskey Clay Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell Melton Moseley
Mueller Quick Rohrbach Russell
Schneider Sims Treppler Westfall
Wiggins--29

Nays--Senators--None

Absent--Senators
Banks McKenna Staples--3

Absent with leave--Senators
Scott Singleton--2

The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

Senator Johnson moved that SB 802, with SA 2 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 2 was again taken up.

At the request of Senator Moseley, the above amendment was withdrawn.

On motion of Senator Johnson, SB 802, as amended, was declared perfected and ordered printed.

RESOLUTIONS

Senator Flotron moved that SR 968 be taken up for adoption, which motion prevailed.

Senator Flotron offered SS for SR 968:

SENATE SUBSTITUTE FOR

SENATE RESOLUTION NO. 968

"Rule 102. A member, officer or employee of the Senate may accept meals, food, beverage or other gifts from a legislative lobbyist or the lobbyist's principal as defined in Chapter 105, RSMo, if any single item accepted has a value of less than fifty dollars, and all items accepted by any member, officer or employee in any calendar year from a lobbyist or lobbyist principal do not exceed a value of one hundred dollars in the aggregate.

This rule shall not apply to:

(1) The participation of members, officers and employees in activities authorized in Section 105.470.4(2)(c), RSMo, regardless of the aggregate value;

(2) The participation in seminars or meetings of national or regional associations when such participation and activities have been requested in writing and approved in advance by the Committee on Administration; or

(3) The acceptance of meals, food or beverage or other gifts to be used for charitable purposes, as defined by law, and which are not consumed or used for the personal benefit of the member.

The provisions of this rule may be satisfied by reimbursing said lobbyist or lobbyist principal within thirty days of obtaining actual knowledge that reimbursement is necessary to meet the requirements of this rule.

This rule shall become effective April 1, 1996, and shall be prospective only.

[Rule 102. A member, officer or employee of the Senate shall not accept meals, food, beverage or other gift, from a Legislative lobbyist as defined in paragraph (a) of subdivision (3) of subsection 1 of section 105.470, RSMo, or the lobbyist principal of such lobbyist, except 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 activities authorized in paragraph (c) of subdivision (2) of subsection 4 of section 105.470, RSMo; or

(4) The participation in seminars or meetings of national or regional associations when such participation and activities have been requested in writing and approved in advance by the Committee on Administration.

The provisions of this rule may be satisfied by reimbursing said lobbyist or lobbyist principal within thirty days of a report pursuant to paragraph (c) of subdivision (2) of subsection 4 of section 105.470, RSMo.

This rule shall not prevent any member from accepting meals, food or beverage or other gifts to be used for charitable purposes, as defined by law, and which are not consumed or used for the personal benefit of the member.

This rule shall become effective March 18, 1996.]".

Senator Flotron moved that SS for SR 968 be adopted.

Senator Maxwell offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Resolution No. 968, Page 1, Line 1 of said page, by striking the following: ", officer or employee"; and further amend lines 5-6, by striking the following: ", officer or employee"; and further amend line 10, by striking the following: ", officers or employees".

Senator Maxwell moved that the above amendment be adopted.

Senator Wiggins resumed the Chair.

Senator Mueller offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT 1

Amend Senate Substitute for Senate Resolution No. 968, Page 1, Line 2, by inserting immediately preceding the word "accept" the following: "not"; and further on line 2, by striking the words "or other gifts"; and further on line 3, by striking "Chapter 105" and inserting in lieu thereof the following: "section 105.470.1(3)(a)"; and further on line 4, by striking the comma "," and inserting in lieu thereof the following: ". A member, officer or employee may accept a gift"; and

Further on line 7, by inserting immediately after the word "principal", the following: ", as defined in section 105.470.1(3)(a),".

Senator Mueller moved that the above substitute amendment be adopted.

At the request of Senator Flotron, the motion for adoption of SR 968 was withdrawn, placing the resolution, with SS, SA 1 and SSA 1 for SA 1 (pending), back on the Calendar.

SENATE BILLS FOR PERFECTION

Senator DePasco moved that SB 725 be taken up for perfection, which motion prevailed.

Senator DePasco offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 725, Page 1, Section 307.174, Lines 3-5 by striking said lines and inserting in lieu thereof the following: "the vehicle from fifty or more feet when:

(1) The vehicle is being operated upon a city street, highway or any right of way or parking area open to the general public; or

(2) The vehicle is parked upon any right of way or parking area open to the general public; for the purposes of this subdivision, the owner or person in control of the vehicle shall be considered the driver of the vehicle."; and

Further amend said bill, page and section, line 6, by inserting immediately after "2." the following: "This section does not apply when a sound amplification system is being operated to request assistance or warn of a hazardous situation.".

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

Senator Quick assumed the Chair.

Senator DePasco moved that SB 725 be declared perfected and ordered printed, which motion failed.

Senator Lybyer moved that SB 504, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 504, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 504

An Act to repeal sections 226.200 and 313.835, RSMo 1994, relating to certain funds, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Lybyer moved that SCS for SB 504 be adopted.

Senator Wiggins offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 504, Page 1, Section A, Line 3 of said section, by inserting immediately after said line, the following:

"43.351. Notwithstanding the provisions of subsection 1 of section 43.025, the Missouri state highway patrol is hereby authorized to establish a "Division of Gaming", provided that the Missouri state highway patrol has entered into an agreement with the Missouri gaming commission pursuant to subsection 9 of section 313.004, RSMo, to enforce the provisions of sections 313.005 to 313.080, RSMo, and sections 313.500 to 313.710, RSMo, and sections 313.800 to 313.850, RSMo."; and

Further amend said bill, page 4, section 313.835, line 1 of said section, by inserting immediately preceding 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 Missouri state highway patrol, the state attorney general or any state, federal or local agency the commission deems necessary to carry out the duties of the commission. No state agency shall count employees used in any agreements entered into with the commission against any personnel cap authorized by any statute. 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 Wiggins moved that the above amendment be adopted, which motion prevailed.

Senator Lybyer offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bill No. 504, Page 5, Section 313.835, Line 46, by inserting immediately after said line the following:

"313.842. There may be established an outpatient center which shall provide services for compulsive gamblers and their families in any city or county that licenses excursion gambling boats. As used in this section, "compulsive gambler" means a person who is chronically and progressively preoccupied with gambling and the urge to gamble. Such centers may be funded from the taxes collected and distributed to the city or county establishing the center under section 313.822. Such moneys shall be submitted to the state and credited to the "Compulsive Gamblers Fund", which is hereby established within the department of mental health. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the fund at the end of any biennium shall not be transferred to the credit of the general revenue fund. The department of mental health shall administer all programs, either directly or by contract, for compulsive gamblers. Any such person or family of such person requesting services for compulsive gambling from the outpatient center must prove by a preponderance of the evidence that his or her chronic and preoccupation with gambling and the urge to gamble was exacerbated by this proposed legislation establishing riverboat gambling in this state."; and

Further amend the title and enacting clause accordingly.

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

Senator Caskey offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bill No. 504, Page 4, Section 313.835, Lines 10-12, by deleting all words in bold-faced type on said lines.

Senator Caskey moved that the above amendment be adopted.

At the request of Senator Lybyer, SB 504, with SCS and SA 3 (pending), was placed on the Informal Calendar.

RESOLUTIONS

Senator Melton offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1020

WHEREAS, the members of the Missouri Senate welcome the opportunity to recognize an exceptionally dedicated leader who has earned the respect, esteem, and gratitude of all his fellow citizens: Mr. N. Timothy Frye; and

WHEREAS, Timothy Frye recently moved from the City of Cassville, Missouri, after having distinguished himself through many years of illustrious service and leadership on behalf of this fine community; and

WHEREAS, a May, 1971, graduate of Cassville High School, Timothy Frye returned to Cassville in July, 1982, to accept the position of Assistant Vice President of the Commerce Bank of Barry County, and he remained an officer at the bank and a resident of Cassville until December, 1995; and

WHEREAS, Mr. Frye played a major role in promoting the growth and development of the Cassville area while providing valuable leadership on behalf of Commerce Bank as Assistant Vice President, Vice President, Bank Board Vice Chairman, and as Senior Vice President serving as "second in command" over all bank operations and lending; and

WHEREAS, Timothy Frye made many important and lasting contributions to improve the quality of life in Cassville and throughout Barry County as a member of the Cassville R-IV School District Board, for which he served as both President and Vice President; as a member of the Cassville Rotary Club, for which he served as President and Director; and as a member of the Barry County Farm Bureau Board of Directors; and

WHEREAS, Mr. Frye has further distinguished himself through his leadership as Trustee and Treasurer of the First Baptist Church in Cassville, as President and member of the University of Missouri Barry County Alumni Association, and as President and member of the Cassville High School Alumni Association:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-eighth General Assembly, hereby join with all the citizens of Cassville in commending and applauding Timothy Frye for his unparalleled record of service and accomplishment in the Cassville area, and further extend to him our very best wishes for continued success in all his future endeavors; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Mr. N. Timothy Frye, as a measure of our esteem for him.

Senator Goode, Senator Banks and Senator Clay offered Senate Resolution No. 1021, regarding the Earth Angels of St. Louis, which was adopted.

MISCELLANEOUS

Senator Caskey submitted the following:

March 20, 1996

TO: Senate Ethics Committee

FROM: Harold L. Caskey, Chairman

RE: Motion

The Democratic and Republican members of the Missouri Senate have made requests to be recognized as separate Caucuses.

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

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

/s/ Harold L. Caskey, Chair John E. Scott, Vice-chair

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

/s/ Harry Wiggins /s/Steve Ehlmann

/s/ Bill Kenney /s/ Peter Kinder

/s/ David J. Klarich

INTRODUCTIONS OF GUESTS

Senator Kenney introduced to the Senate, Skip Moore, Independence.

On behalf of Senator Wiggins, the President introduced to the Senate, Webelo Scouts from St. Elizabeth School, Kansas City; and Alex Ernst, M. Christopher Gabhart, Dominic C. Hoferer, Matthew S. Judge, Terrance G. Lord, Daniel J. McGuire, Michael Q. McShane, Daniel A. Neenan and Michael Staab were made honorary pages.

Senator Mueller introduced to the Senate, Dan Gill and Thomas Scharenborg, St. Louis; and Dan and Thomas were made honorary pages.

On behalf of Senator Wiggins, the President introduced to the Senate, Margaret Olson, Sally Rice, Ruth Lopez, Loretta H. and Ralph P. Bunnell, and Frankie Taylor, Kansas City.

Senator Schneider introduced to the Senate, Mildred Winter, Ferguson; and Joy Rouse, Creve Coeur.

Senator Moseley introduced to the Senate, Dr. Dennis Life, Columbia.

Senator Treppler introduced to the Senate, Mrs. Marilyn Chambers, and forty-two students from Affton High School, Affton.

Senator DePasco introduced to the Senate, Jackson County Prosecutor, Claire McCaskill, and her children, Lillie, Mattie and Austin, Kansas City.

On behalf of Senator Wiggins, the President introduced to the Senate, Sheila McAdam, and nine scouts and three adults from St. Peters School, Kansas City; and Ben Monsees, Chris Adair, Joe McAdam, John Friend, Jesse Franke-Rose, Jory Hansen, Brian Betterman, Jacob Jantsch and Raymond Mallory were made honorary pages.

Senator Howard introduced to the Senate, Nicholas Robinson, M.D., Kennett; and Tina Steinman, Jefferson City.

Senator Bentley introduced to the Senate, Michael Pentecost and Joel Chamberlain, Springfield.

Senator Bentley introduced to the Senate, Fred Palmerton and Amy Ruggeri, Springfield.

Senator Kenney introduced to the Senate, Dr. Jack Marvin and Dr. Ron Marvin, Kansas City.

On behalf of Senator Curls and himself, Senator Wiggins introduced to the Senate, Elizabeth Hornbeck, Richard Hornbeck, Robert Becker, Karen Baker, Dana Gilmore, Deana James, Carman Gilmore and Nancy Pinkham, North Kansas City.

Senator Moseley introduced to the Senate, Martha Shelton and Scott Orr, Columbia.

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

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

	Absent with leave--Senators
Sims	Singleton--2

	The Lieutenant Governor was present.

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

	Nays--Senators--None

	Absent--Senator Curls--1

	Absent with leave--Senators
Sims	Singleton--2