The Senate met pursuant to adjournment.

     Senator Staples in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, Jeremiah was called the weeping prophet because he was so concerned about the people to whom he ministered. We pray that our concern might always be for the people we serve. Help us to rid our lives of selfish motives and give our best for others. 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.

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

	Present--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	Sims	Staples
Treppler	Westfall	Wiggins--31
	Absent with leave--Senators
Johnson	Scott	Singleton--3
	The Lieutenant Governor was present.

     Senator Schneider offered Senate Resolution No. 1022, regarding Mr. Frederick Christian Sexauer, Jr., which was adopted.

     Senator Lybyer offered Senate Resolution No. 1023, regarding Barbara Pinney-Plummer, which was adopted.

     Senator Rohrbach offered the following resolution, which was adopted:

     WHEREAS, upon occasion the members of the Missouri Senate pause to offer moral support to an individual who has reached that point in life when any semblance of youth vanishes into thin air; and

     WHEREAS, Kim Spieler of California, Missouri, recently experienced a traumatic mid-life crisis as he waved good-bye to forty years of carefree life and entered the initial stages of what can best be described as senior citizenship; and

     WHEREAS, prior to his Fortieth Birthday, Kim Spieler could honestly say that he was in good physical condition and could actually verify that claim by the vigor, strength, and endurance he demonstrated as a talented volleyball player and as a skilled farmer; and

     WHEREAS, on that fateful day, March 2, 1996, Kim Spieler took a look in the mirror and saw an old man he did not recognize and did not want to recognize; and

     WHEREAS, superannuated individuals like Kim Spieler eventually come to grips with their fate and let others gradually take over, as the staff at Spieler's will have to do, when Old Man Kim no longer has what it takes to be their leader as they sell those beautiful, luxurious Chrysler, Plymouth, Dodge, Jeep, Eagle and GMC vehicles; and

     WHEREAS, it is entirely fitting and proper for this legislative body to express sympathy to Kim's family - his lovely wife, Terry, our beloved Senate Secretary; his devoted children, Aaron and Abby; his parents, Dick and Jane; and his sisters, Cinda and Dana - for the tremendous burden they must accept in caring for their loved one in his old age:

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-eighth General Assembly, join unanimously in commiserating with Kim and the entire Spieler clan at this moment of truth and in expressing hope that his friends at the California United Church of Christ will find compassion in their hearts to look after Kim and take care of him as he slowly slips into senility and oblivion; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Kim Spieler, as a memento of the day he went "Over the Hill".

     Senator Flotron moved that SR 968, with SS, SA 1 and SSA 1 for SA 1 (pending), be taken up for adoption, which motion prevailed.

     SSA 1 for SA 1 was again taken up.

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

     SA 1 was again taken up.

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

     Senator Banks offered SA 2, which was read:

     Amend Senate Substitute for Senate Resolution No. 968, Page 1, Line 16, by striking the word "or" and further amend line 20, by inserting after the word "member" the following: "; or

     (4) Entertainment within the home of a lobbyist or lobbyist principal".

     Senator Banks moved that the above amendment be adopted.

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

     Senator Flotron offered SA 3:

Amend Senate Substitute for Senate Resolution No. 968, Page 1, Line 3 by striking "Chapter 105" and inserting in lieu thereof the following: "section 105.470.1(3)(a)"; and

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

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

     Senator Clay offered SA 4, which was read:

     Amend Senate Substitute for Senate Resolution No. 968, Page 1, Line 16, by striking the word "or"; and further on line 20, by striking the period "." and inserting in lieu thereof the following: "; or

     (4) A member is within the second degree of consanguinity or affinity of the lobbyist with regard to any gift provided to the member by such lobbyist.".

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

     Senator Flotron moved that SS for SR 968, as amended, be adopted, which motion prevailed by the following vote:

	Yeas--Senators
Bentley	Caskey	DePasco	Ehlmann
Flotron	Goode	Graves	House
Kenney	Kinder	Klarich	Lybyer
Mathewson	Maxwell	McKenna	Melton
Moseley	Mueller	Quick	Rohrbach
Russell	Schneider	Sims	Staples
Westfall	Wiggins--26
	Nays--Senators
Banks	Clay	Curls	Howard
Treppler--5
	Absent--Senators--None
	Absent with leave--Senators
Johnson	Scott	Singleton--3

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

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, which was requested by the sponsor to consider taking SB 952 out of order under the provisions of Senate Rule No. 6, begs leave to report that it has considered the request and recommends that SB 952 do be considered out of order.

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

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	Graves	House	Howard
Kenney	Kinder	Klarich	Lybyer
Mathewson	Maxwell	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Sims	Staples	Treppler
Westfall	Wiggins--30
	Nays--Senators--None
	Absent--Senator McKenna--1
	Absent with leave--Senators
Johnson	Scott	Singleton--3

     Senator Mathewson moved that SB 952 be taken up for perfection, which motion prevailed.

     On motion of Senator Mathewson, SB 952 was declared perfected and ordered printed.

     Senator Lybyer moved that SB 759, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 759, entitled:

     An Act to repeal sections 375.1250, 375.1252, 375.1255, 375.1257, 375.1260, 375.1262, 375.1265, 375.1267, 375.1269, 375.1270 and 375.1275, RSMo 1994, relating to risk-based capital requirements for insurers, and to enact eleven new sections relating to the same subject.

     Was taken up.

     Senator Lybyer moved that SCS for SB 759 be adopted.

     Senator Lybyer offered SA 1, which was read:

Amend Senate Committee Substitute for Senate Bill No. 759, Page 16, Section 375.1275, Line 31 by inserting immediately after said line the following:

     "3. The actions required under sections 375.1255 to 375.1262 or 375.1275 shall not apply to any insurer operating under the provisions of sections 287.900 to 287.920, RSMo, which is under any order of supervision, including waivers of require-ments for capital and surplus, issued or commenced by the director prior to the effective date of this act until such order or proceeding expires or is otherwise terminated by further order of the director.".

     Senator Lybyer moved that the above amendment be adopted.

     Senator Howard assumed the Chair.

     At the request of Senator Lybyer, SB 759, with SCS and SA 1 (pending), was placed on the Informal Calendar.

     Senator Moseley moved that SB 854 be taken up for perfection, which motion prevailed.

     Senator Moseley moved that SB 854 be declared perfected and ordered printed, which motion prevailed on a standing division vote.

     Senator Lybyer moved that SB 759, with SCS and SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 1 was again taken up.

     At the request of Senator Lybyer, SB 759, with SCS and SA 1 (pending), was placed on the Informal Calendar.

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

     HCS for HB 1008--Appropriations.

     HCS for HB 1009--Appropriations.

     HCS for HB 1010--Appropriations.

     HCS for HB 1011--Appropriations.

     HCS for HB 1012--Appropriations.

     President Pro Tem Mathewson assumed the Chair.

     Senator Wiggins, Chairman of the Committee on Ways and Means, submitted the following report:

     Mr. President: Your Committee on Ways and Means, to which was referred SJR 36, begs leave to report that it has considered the same and recommends that the joint resolution do pass.

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

     Mr. President: Your Committee on Public Health and Welfare, to which were referred SB 515 and SB 584, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     On behalf of Senator Scott, Chairman of the Committee on Corrections and General Laws, Senator Mathewson submitted the following report:

     Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 705, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following report:

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 675, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     On behalf of Senator Staples, Chairman of the Committee on Transportation, Senator Mathewson submitted the following report:

     Mr. President: Your Committee on Transportation, to which was referred SB 810, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

     Amend Senate Bill No. 810, Page 1, Section 226.030, Line 3 by striking the word "three" and inserting in lieu thereof the word "four".

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

     Mr. President: Your Committee on Insurance and Housing, to which was referred SB 754, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Goode, Chairman of the Committee on Commerce and Environment, submitted the following report:

     Mr. President: Your Committee on Commerce and Environment, to which was referred SB 524, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Aging, Families and Mental Health, to which were referred SB 604, SB 666, and SB 816, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Labor and Industrial Relations, to which was referred SB 804, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred SB 685, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Education, to which was referred SB 523, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Financial and Governmental Operations, to which was referred SB 836, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1 and 2.

     Amend Senate Bill No. 836, Page 2, Section 361.160, Lines 13-15, by striking all of said lines and inserting in lieu thereof the following: "concerns.".

     Amend Senate Bill No. 836, Page 7, Section 369.266, Line 107, by inserting immediately before the period "." the following: ", but further provided that the association shall have a period of three years in which to divest itself of any nonconforming assets".

     On behalf of Senator Johnson, Chairman of the Committee on Agriculture and Local Government, Senator Quick submitted the following report:

     Mr. President: Your Committee on Agriculture and Local Government, to which was referred SB 686, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

     Amend Senate Bill No. 686, Page 2, Section 79.240, Lines 27-28, by striking the words "shall mean" and inserting in lieu thereof the following: "may include, but is not limited to,".

     Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following reports:

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 489, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

     Amend Senate Bill No. 489, Page 1, Section 217.345, Line 8 by striking the opening bracket "["; and further amend said line, by striking the following: "] sight and sound"; and further amend line 11, by inserting immediately after the word "rules" the following: "pursuant to subsection 2 of section 217.378, RSMo,"; and further amend line 13, by striking the following: "pursuant to subsection 2 of this section".

     Also,

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 781, begs leave to report that it has considered the same and recommends that the bill do pass.

     On behalf of Senator Scott, Chairman of the Committee on Corrections and General Laws, Senator Mathewson submitted the following report:

     Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 623, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred SB 609, begs leave to report that it has considered the same and recommends that the bill do pass.

     The following messages were received from the Governor, reading of which was waived:

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

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     John David Starr, Democrat, 1250 W. 62nd Street, Kansas City, Jackson County, Missouri 64113, as a member of the Missouri Development Finance Board, for a term ending September 14, 1999, and until his successor is duly appointed and qualified; vice, James McRoberts, term expired.

     Also,

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

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Michael F. Shanahan, Jr., Democrat, 100 Brighthurst Drive, Chesterfield, St. Louis County, Missouri 63005, as a member of the St. Louis Regional Convention and Sports Complex Authority, for a term ending May 31, 2000, and until his successor is duly appointed and qualified; vice, Andrew Leonard, term expired.

     Also,

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

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     William L. Treece, Route 1, Box 126, Sweet Springs, Saline County, Missouri 65351, as a member of the Missouri Training and Employment Council, for a term ending August 28, 1996, and until his successor is duly appointed and qualified; vice, Michael Fisher, term expired.

     Also,

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

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Roger L. Pryor, Democrat, 3410 Elm Point Road, St. Charles, St. Charles County, Missouri 63301, as a member of the St. Charles County Convention and Sports Complex Authority, for a term ending April 27, 1999, and until his successor is duly appointed and qualified; vice, Wilda Worley, deceased.

     Also,

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

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Delores A. Hudson, Democrat, 1230 Pembrooke Drive, Warrensburg, Johnson County, Missouri 64093, as a member of the Missouri Health and Educational Facilities Authority, for a term ending June 30, 2000, and until her successor is duly appointed and qualified; vice, reappointed to a full term.

     Also,

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

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     William E. James, Democrat, 902 Bird Avenue, Harrisonville, Cass County, Missouri 64701, as a member of the Missouri State Lottery Commission, for a term ending September 7, 1998, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

     Also,

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

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Donald M. Claycomb, Ph.D., 1102 Tanya Lynn, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Head Injury Advisory Council, for a term ending May 12, 1998, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

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

     Senator Caskey offered Senate Resolution No. 1025, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Roy D. Boyd, Windsor, which was adopted.

     Senator Moseley introduced to the Senate, Janet Worth and her son, Ross, home schoolers from Columbia; and Ross was made an honorary page.

     Senator Rohrbach introduced to the Senate, his sisters-in-law, Sharon Rohrbach, California, and Joyce L. Rohrbach, Jamestown; Ruby Allee, Tipton; Cory Petree and Steven Lucas, Tipton; Dianna Baysinger and Christina Porter, Jamestown; and Sarah Carey and Melissa Rugen, California.

     Senator Mathewson introduced to the Senate, members of the Farm Bureau Youth in Leadership Program from around the state.

     Senator Bentley introduced to the Senate, Elise Crane, Ozark.

     Senator Kinder introduced to the Senate, Debbie Grebing, and eleven eighth grade students from Trinity Lutheran School, Cape Girardeau.

     Senator Flotron introduced to the Senate, Douglas Sexton, Sharon Bail, and forty- six fourth grade students from Remington Traditional School, Maryland Heights; and Nichole Milligan, Shawn Cowles, Zac Branson and Cheryl Steele were made honorary pages.

     Senator Schneider introduced to the Senate, students from Transfiguration School, St. Louis County; and Rachel Gehner and Clifford Heeley were made honorary pages.

     On behalf of Senator Ehlmann and himself, Senator House introduced to the Senate, John Travis, and forty-five seventh grade students from Zion Lutheran School, St. Charles County.

     On motion of Senator Banks, the Senate adjourned until 3:00 p.m., Monday, March 25, 1996.