Journal of the Senate

SECOND REGULAR SESSION


THIRTY-FOURTH DAY--THURSDAY, FEBRUARY 29, 1996


     The Senate met pursuant to adjournment.

     Senator Wiggins in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, give to us the words to say that will express our feelings without hurting those who hear them. Give us words to comfort, to enlighten and to benefit those to whom we speak. Help us to be doers of the Word and not speakers only. 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
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesTrepplerWestfall
Wiggins--33
Absent with leave--Senator Scott--1
The Lieutenant Governor was present.

RESOLUTIONS

     Senator House offered Senate Resolution No. 944, regarding the One Hundred Second Birthday of Corinne Montgomery, Bowling Green, which was adopted.

     Senator House offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 945

     WHEREAS, the Missouri Senate has a long tradition of rendering assistance to those programs aimed at developing outstanding qualities of both citizenship and leadership; and

     WHEREAS, the Missouri Senate legislative interns are interested in gaining an insight into the democratic process by conducting a mock legislative forum in the Senate Chamber; and

     WHEREAS, one of the purposes of the Missouri General Assembly's intern program is to give college students participating in the program a working knowledge of the operation and function Missouri's legislative bodies in order to better prepare them to pursue related career goals and to fulfill their roles as active and responsible citizens;

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-eighth General Assembly, hereby grant the Missouri Senate legislative interns permission to use the Senate Chamber for the purpose of conducting their 1996 Mock Legislative Session from 9:00 a.m. until 12:00 p.m. on Monday, April 15, 1996.

     Senator Curls offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 946

     WHEREAS, the Missouri Legislative Black Caucus Foundation, Inc. plays a significant role in ensuring the proper and effective function of the Missouri General Assembly as a fully representative body within state government; and

     WHEREAS, the Missouri Legislative Black Caucus Foundation, Inc.'s Eleventh Annual Conference provides a useful format for the discussion and resolution of many key issues affecting the welfare of African-Americans and all Missourians; and

     WHEREAS, the members of the Missouri Senate deem it both proper and necessary to support the important work of the Missouri Legislative Black Caucus Foundation, Inc.;

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-Eighth General Assembly, hereby grant the members of the Missouri Legislative Black Caucus Foundation, Inc., permission to use the Senate Chamber for the purpose of conducting their annual conference during June 6-8, 1996.

INTRODUCTION OF BILLS

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

     SB 960--By Curls.

     An Act to repeal section 376.620, RSMo 1994, relating to suicide provisions in certain life insurance contracts, and to enact in lieu thereof one new section relating to the same subject.

     SB 961--By Kenney.

     An Act to repeal section 558.018, RSMo 1994, relating to sentencing of persistent sexual offenders, and to enact one new section relating to the same subject.

     SB 962--By Ehlmann.

     An Act relating to the regulation of certain telecommunications and information technology systems, with penalty provisions.

     SB 963--By Goode and Scott.

     An Act to repeal sections 173.355 and 173.385, RSMo 1994, relating to the higher education loan authority, and to enact two new sections relating to the same subject.

     SB 964--By Mueller.

     An Act to amend chapter 374, RSMo, relating to the department of insurance, by adding one new section relating to the same subject, with an effective date.

     SB 965--By Graves.

     An Act to repeal section 307.350, RSMo 1994, relating to motor vehicle safety inspections, and to enact one new section in lieu thereof relating to the same subject.

     SB 966--By Graves.

     An Act to repeal section 566.610, RSMo Supp. 1995, relating to sex offenders, and to enact in lieu thereof one new section relating to the same subject.

     SB 967--By Bentley.

     An Act to repeal sections 210.775 and 210.776, RSMo Supp. 1995, relating to the foster and group home placement task force, and to enact in lieu thereof two new sections relating to the same subject, with an expiration date.

     SB 968--By Bentley.

     An Act to repeal sections 226.525 and 226.535, RSMo 1994, relating to historical and public interest signs along the highways, and to enact two new sections in lieu thereof relating to the same subject.

     SB 969--By McKenna.

     An Act to repeal sections 572.070 and 572.125, RSMo 1994, relating to gambling, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

     SB 970--By Graves.

     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.

     SB 971--By Kenney and Kinder.

     An Act to repeal sections 208.040, 208.041, and 208.410, RSMo 1994, and to enact in lieu thereof twenty-eight new sections for the purpose of transitioning people from welfare to work, with penalty provisions and a contingent effective date for certain sections.

     SB 972--By Howard.

     An Act to amend chapter 265, RSMo, relating to agricultural products, by adding seven new sections relating to the same subject, with penalty provisions.

CONCURRENT RESOLUTIONS

     Senator Mathewson moved that SCR 21, with SCS, be taken up for adoption, which motion prevailed.

     On motion of Senator Mathewson, SCS for SCR 21 was adopted by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderLybyer
MathewsonMaxwellMcKennaMelton
MoseleyMuellerQuickRohrbach
RussellSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senators--None
Absent--Senators
KlarichSchneider--2
Absent with leave--Senator Scott--1
     Senator Quick assumed the Chair.

THIRD READING OF SENATE BILLS

     SB 858, introduced by Senator Banks, entitled:

     An Act to repeal sections 191.650, 191.653, 191.656, 191.663 and 191.686, RSMo 1994, relating to acquired immune deficiency syndrome, and to enact five new sections relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Banks, SB 858 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MeltonMoseleyMuellerQuick
RohrbachRussellSimsTreppler
WestfallWiggins--30
Nays--Senators--None
Absent--Senators
SchneiderSingletonStaples--3
Absent with leave--Senator Scott--1
     The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

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

     At the request of Senator Rohrbach, SPA 1 to SA 1 was withdrawn.

     Senator Rohrbach offered SPA 2 to SA 1:

SENATE PERFECTING AMENDMENT NO. 2

TO SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Substitute for Senate Bill No. 709, Page 4, Section 105.470, Lines 3 through 7 of said page, by deleting all of said lines and inserting in lieu thereof the following:

     "(3) "Honorarium", includes any payment of money or anything of value for an appearance, speech, article or any other purpose which payment does not constitute compensation or a fee for services rendered; honorarium does not include any actual and necessary expenses incurred in making an appearance or speech or in writing an article. An honorarium shall not include any monetary award or prize;".

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

     SA 1, as amended, was again taken up.

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

SENATE PERFECTING AMENDMENT NO. 3

TO SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Substitute for Senate Bill No. 709, Page 8, Section 105.470, Line 10, by striking the second word "the"; and everything before and including the "," on line 11.

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

     Senator Maxwell moved that SA 1, as amended, be adopted, which motion prevailed.

     Senator Kenney offered SA 2:

SENATE AMENDMENT NO. 2

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

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

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

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

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

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

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

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

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

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

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

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

     (b) The date on which the event occurred;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     "313.831. No person who is an officer or employee of or who owns an ownership interest in an excursion gambling boat operation, or who is a lobbyist as defined in chapter 105, RSMo, for such operation, shall make a contribution as defined in chapter 130, RSMo, to any candidate for public office or any officeholder. An ownership interest is any financial interest, equitable interest, beneficial interest or ownership control in any excursion gambling boat operation or in any parent or subsidiary company which owns or operates an excursion gambling boat which has applied for or been granted a license. Violation of this section is a class A misdemeanor for the first offense and a class D felony for any subsequent offense."; and

     Further amend the title and enacting clause accordingly.

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

     SA 2 was adopted by the following vote:

Yeas--Senators
BentleyCaskeyEhlmannFlotron
GoodeGravesHouseHoward
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMelton
MoseleyMuellerQuickRohrbach
RussellSchneiderSimsSingleton
TrepplerWestfallWiggins--27
Nays--Senators
BanksClayCurlsDePasco
JohnsonStaples--6
Absent--Senators--None
Absent with leave--Senator Scott--1
     Senator Clay offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute for Senate Bill No. 709, Page 1, Section A, Line 4 by inserting immediately after said line, the following:

     "21.145. 1. Each senator or representative shall be reimbursed from the state treasury for actual and necessary expenses in [the] an amount [of thirty-five dollars per day] determined pursuant to subsection 2 of this section for each day on which the journal of the senate or house, respectively, shows the presence of such senator or representative.

     2. Each senator and representative shall receive per day the amount allowable to employees of the executive branch of the federal government for per diem while away from home as determined pursuant to the Internal Revenue Code 26 U.S.C. 162 (h)(1)(B)(ii).

     3. The commissioner of administration shall determine the allowable amount prior to the beginning of each legislative session and shall inform the secretary of the senate and the chief clerk of the house of representatives of his findings.

     4. Upon certification of attendance by the president and secretary of the senate and by the speaker and chief clerk of the house of representatives as to the respective members thereof, the commissioner of administration shall approve and the state treasurer shall pay monthly such expense allowance."; and

     Further amend the title and enacting clause accordingly.

     Senator Clay moved that the above amendment be adopted.

     Senator Flotron raised the point of order that SA 3 is out of order in that the amendment is not germane.

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

     Senator Howard offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute for Senate Bill No. 709, Page 1, Section A, Line 4 by inserting immediately after said line, the following:

     "105.483. Each of the following persons shall be required to file a financial interest statement:

     (1) Associate circuit judges, circuit court judges, judges of the courts of appeals and of the supreme court, and candidates for any such office;

     (2) Persons holding an elective office of the state, whether by election or appointment, and candidates for elective office of the state;

     (3) The principal administrative or deputy officers or assistants serving the governor, lieutenant governor, secretary of state, state treasurer, state auditor and attorney general, which officers shall be designated by the respective elected state official;

     (4) The members of each board or commission and the chief executive officer of each public entity created pursuant to the constitution or interstate compact or agreement and the members of each board of regents or curators and the chancellor or president of each state institution of higher education;

     (5) The director and each assistant deputy director and the general counsel and the chief purchasing officer of each department, division and agency of state government;

     (6) Any official or employee of the state authorized by law to promulgate rules and regulations or authorized by law to vote on the adoption of rules and regulations;

     (7) Any member of a board or commission created by interstate compact or agreement, including the executive director and any Missouri resident who is a member of the bi-state development agency created pursuant to sections 70.370 to 70.440, RSMo;

     (8) Any board member of a metropolitan sewer district authorized under section 30(a) of article VI of the state constitution;

     (9) Any member of a commission appointed or operating pursuant to sections 64.650 to 64.950, RSMo, sections 67.650 to 67.658, RSMo, or sections 70.840 to 70.859, RSMo;

     (10) The members, the chief executive officer and the chief purchasing officer of each board or commission which enters into or approves contracts for the expenditure of state funds;

     (11) Each elected official, the chief administrative officer, the chief purchasing officer and the general counsel, if employed full time, of each political subdivision with an annual operating budget in excess of one million dollars, each candidate for elective office in each political subdivision with an annual operating budget in excess of one million dollars, and each official or employee of a political subdivision with an annual operating budget in excess of one million dollars who is authorized by the governing body of the political subdivision to promulgate rules and regulations with the force of law or to vote on the adoption of rules and regulations with the force of law; unless the political subdivision adopts an ordinance, order or resolution pursuant to subsection 4 of section 105.485;

     (12) Any person identified as a decision-making public servant pursuant to subdivision (6) of section 105.450.

     105.487. The financial interest statements shall be filed at the following times, but no person is required to file more than one financial interest statement in any calendar year:

     (1) Unless otherwise exempted by section 105.483, each candidate for elective office shall file a financial interest statement no later than the forty-fifth day after the last day for filing for the election at which he seeks nomination or election, and the statement shall be for the twelve months prior to the closing date, except that in the event an individual does not become a candidate until later than the forty-fifth day after the last day for filing for the election, the statement shall be filed within ten days of his becoming a candidate. An individual required to file a financial interest statement because of his candidacy for office prior to a primary election in accordance with this section is also required to amend such statement within seven days prior to the following general election to reflect any changes in financial interest during the interim. The appropriate election authority shall provide to the candidate at the time of filing for election written notice of the candidate's obligation to file under sections 105.483 to 105.492 and the candidate shall sign a statement acknowledging receipt of such notice;

     (2) Each person appointed to office and each official or employee described in section 105.483 who is not otherwise covered in this subsection shall file the statement within thirty days of such appointment or employment;

     (3) Every other person required by sections 105.483 to 105.492 to file a financial interest statement shall file the statement annually not later than the first day of May and the statement shall cover the calendar year ending the immediately preceding December thirty-first; provided that the governor, lieutenant governor, any member of the general assembly or any member of the governing body of a political subdivision may supplement his financial interest statement to report additional interests acquired after December thirty-first of the covered year until the date of filing of the financial interest statement;

     (4) The deadline for filing any statement required by sections 105.483 to 105.492 shall be 5:00 p.m. of the last day designated for filing the statement. When the last day of filing falls on a Saturday or Sunday or on an official state holiday, the deadline for filing is extended to 5:00 p.m. on the next day which is not a Saturday or Sunday or official holiday. Any statement required within a specified time shall be deemed to be timely filed if it is postmarked not later than midnight of the day previous to the last day designated for filing the statement."; and

     Further amend said bill, page 27, lines 17, 19 and 21 of said page, by striking the word "section" as it appears on each of said lines and inserting in lieu thereof the following: "sections 105.483, 105.487 and"; and

     Further amend the title and enacting clause accordingly.

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

     Senator Johnson assumed the Chair.

     Senator Howard offered SA 5:

SENATE AMENDMENT NO. 5

     Amend Senate Substitute for Senate Bill No. 709, Page 27, Section 130.032, Line 15 by inserting immediately after said line, the following:

     "130.037. 1. Notwithstanding other provisions of the law to the contrary, any person who was a candidate at an election held on or before November 8, 1994, may form two candidate committees if that person's candidate committee reported outstanding obligations in excess of moneys on hand on the first report submitted pursuant to section 130.041 after November 8, 1994. One such committee shall be dedicated solely to raising moneys to pay off outstanding obligations of the candidate. The committee may accept funds from the candidate committee to pay off outstanding obligations. The committee may not engage in activities in support of the candidate for which it was formed, other than activities directly related to the retirement of debt. The committee may not contribute moneys to any other committee and may not make direct expenditures on behalf of any ballot issue. It may raise funds to retire the candidate's debt under the provisions of law in effect prior to November 8, 1994, so long as those contributions are expressly made to retire outstanding debt and are applied toward retiring such debt, but otherwise the provisions of this chapter apply. The treasurer and the candidate shall terminate the committee pursuant to section 130.021 within thirty days of its payment of the outstanding debt.

     2. If a candidate has formed or forms a candidate committee to raise funds for a future election, that committee may accept contributions in the amount authorized by law and may use any contributions received for any purpose lawful under this chapter, except the payment of debt incurred before November 8, 1994. Moneys in the official depository accounts of the two committees cannot be commingled.

     3. The provisions of this section shall expire December 31, 1996."; and

     Further amend the title and enacting clause accordingly.

     Senator Howard moved that the above amendment be adopted.

     Senator Flotron offered SPA 1 to SA 5, which was read:

SENATE PERFECTING AMENDMENT NO. 1

TO SENATE AMENDMENT NO. 5

     Amend Senate Amendment No. 5 to Senate Substitute for Senate Bill No. 709, Page 2, Section 130.032, Lines 5 and 6, by striking said lines.

     Senator Flotron moved that the above perfecting amendment be adopted.

     At the request of Senator Maxwell, SB 709, with SS, SA 5 and SPA 1 to SA 5 (pending), was placed on the Informal Calendar.

INTRODUCTION OF BILLS

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

     SB 973--By Schneider.

     An Act to repeal section 537.600, RSMo 1994, relating to civil liability, and to enact in lieu thereof one new section relating to the same subject.

     SB 974--By Schneider.

     An Act to amend chapter 43, RSMo, by adding two new sections relating to the state highway patrol crime laboratory.

     SB 975--By Sims.

     An Act to repeal sections 494.490 and 517.091, RSMo 1994, relating to juries, and to enact in lieu thereof two new sections relating to the same subject.

     SB 976--By Mathewson.

     An Act to repeal section 320.090, RSMo 1994, relating to emergency services, and to enact one new section relating to the same subject.

     SB 977--By Banks.

     An Act to amend chapter 354, RSMo, by adding eight new sections relating to the restructuring of certain nonprofit organizations.

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 was referred SR 856, begs leave to report that it has considered the same and recommends that the resolution do pass.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SR 830, with SS and SA 2, as amended (pending), begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

SENATE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE RESOLUTION NO. 830

     BE IT RESOLVED by the Senate of the Eighty-eighth General Assembly, Second Regular Session, that the Rules of the Senate be amended as follows:

     "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 this rule shall not apply to activities authorized in paragraph (c) of subdivision (2) of subsection 4 of section 105.470, RSMo nor shall it apply to participation in seminars or meetings of national or regional association when such participation has been requested in writing and approved in advance by the Committee on Administration.

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

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCR 23, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

     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 SB 500, 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.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 500, Page 1, Section 136.405, Line 3 by striking the following: ", of residents and nonresidents,".

SENATE COMMITTEE AMENDMENT NO. 2

     Amend Senate Bill No. 500, Page 1, Section 136.405, Line 2 by inserting after the word "mean" in said line the words "the last timely"; and

     Further amend said bill, page 1, section 136.405, line 3, by inserting after the word "filed" the words "and paid".

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

     Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 525, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 525, Page 3, Section 209.255, Line 9 by striking the word "company"; and further amend line 12, by striking the words "local exchange"; and further amend line 13, by striking the words "local exchange".

     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 821, begs leave to report that it has considered the same and recommends that the bill 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 were referred SB 638 and SB 753, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Transportation, to which was referred SB 509, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator Lybyer, Chairman of the Committee on Appropriations, submitted the following report:

     Mr. President: Your Committee on Appropriations, to which was referred SB 757, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Insurance and Housing, to which were referred SB 597 and SB 729, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Insurance and Housing, to which was referred SB 851, 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 507, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, 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 538, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Aging, Families and Mental Health, to which were referred SB 884 and SB 841, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Agriculture and Local Government, to which were referred SB 723 and SB 891, 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 903, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 903, Page 1, Section A, Line 2 by striking "431.180" and inserting in lieu thereof "431.175"; and

     Further amend said bill, page 1, section 431.180, line 1, by striking "431.180." and inserting in lieu thereof "431.175."; and further amend said section, page 1, line 8, by striking "a third person's" and inserting in lieu thereof "any subcontractor of that person for their"; and further amend line 11 by striking "a third person's" and inserting in lieu thereof "any subcontractor of that person for their".

     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 were referred SB 652 and SB 548, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, 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 707, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator McKenna, Chairman of the Committee on Conservation, Parks and Tourism, submitted the following report:

     Mr. President: Your Committee on Conservation, Parks and Tourism, to which was referred SB 695, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 695, Page 4, Section 315.079, Lines 9-10 by striking the following: "The identification shall have a photograph of the individual and include the name and residence of the individual.".

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

     Mr. President: Your Committee on Ways and Means, to which were referred SB 752, SB 789, SB 843 and SB 847, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, 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 was referred SB 831, 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 910, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 482, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Insurance and Housing, to which were referred SB 622 and SB 742, 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 887, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 887, Page 7, Section 367.040, Line 22 by inserting immediately after "barred." the following: "Any license or permit for such pledged goods shall remain in effect during the period of the pawn transaction and remain valid if such pledged goods are redeemed by the pledgor and shall only be voided if the pledged goods are redeemed by someone other than the pledgor or when title to the pledged goods passes to the pawnbroker."; and

     Further amend said bill, page 10, section 367.043, line 33, by striking the word "as"; and

     Further amend said bill, page 10, section 367.043, line 36, by inserting immediately after "county." the following: "The restriction contained in this section as it applies to existing license holders is not intended to restrict, in any manner, the ability of a municipality or county to regulate the number of pawnshop licenses issued.".

     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 618, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred SB 713, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Agriculture and Local Government, to which was referred SB 549, 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 787, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 787, Page 3, Section 42.007, Line 59 by striking the words "workers' compensation,".

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

     Mr. President: Your Committee on Education, to which was referred SB 805, begs leave to report that it has considered the same and recommends that the bill 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 was referred SB 531, 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 Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, Senator Mathewson submitted the following report:

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 784, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 784, Page 3, Section 407.1005, Line 27 by inserting immediately after "RSMo" the following: ";

     (8) Religious organizations, provided that the primary purpose of said organizations is not the promotion or sale of travel;

     (9) Educational institutions, and any authorized auxiliaries associated with such organizations;

     (10) Fraternal, benevolent, social, educational, alumni and historical organizations;

     (11) Any organization that has obtained an exemption from the payment of federal income taxes as provided in section 501(c)(3), 501(c)(7) or 501(c)(8) of Title 26, United States Code, as amended;

     (12) Any state or federally chartered bank, savings and loan association, credit union, or any of their affiliates, subsidiaries, or related parties".

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

     Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 815, begs leave to report that it has considered the same and recommends that the bill do pass.

     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 SB 585, begs leave to report that it has considered the same and recommends that the bill do pass.

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

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred SB 514, 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 reports:

     Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 814, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Corrections and General Laws, to which was referred SB 641, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Schneider, Chairman of the Committee on Judiciary, submitted the following report:

     Mr. President: Your Committee on Judiciary, to which was referred SB 777, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

INTRODUCTION OF BILLS

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

     SB 978--By Johnson.

     An Act to repeal sections 168.500, 168.510, 168.515 and 168.520, RSMo 1994, relating to career plan development, and to enact in lieu thereof four new sections relating to the same subject.

     SB 979--By Wiggins, Howard and Curls.

     An Act to repeal sections 337.606, 337.612, 337.618, 337.621, 337.630 and 337.633, RSMo 1994, and sections 337.600, 337.603, 337.615 and 337.627, RSMo Supp. 1995, relating to licensing of certain social workers, and to enact in lieu thereof twenty-eight new sections relating to the same subject, with an effective date for certain sections and penalty provisions.

     SB 980--By Lybyer.

     An Act to amend chapter 43, RSMo, by adding two new sections relating to the state highway patrol crime laboratory, with an effective date.

MESSAGES FROM THE HOUSE

     The following message was received from the House of Representatives throug h 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 HS for HCS for HBs 1069, 794, 807, 936, 1128, 1153 and 1202, entitled:

     An Act to repeal section 376.995, RSMo 1994, and to enact in lieu thereof two new sections for the purpose of providing insurance coverage of certain inpatient maternity benefits.

     In which the concurrence of the Senate is respectfully requested.

&nb sp    Read 1st time.

RESOLUTIONS

     Senator Singleton offered Senate Resolution No. 947, regarding the One Hundred Third Birthday of Nina Dover, Joplin, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Bentley introduced to the Senate, the Physician of the Day, Dr. Larry Halverson and his wife, Marte, Springfield.

     On behalf of Senator Ehlmann and himself, Senator House introduced to the Senate, Patricia Porterfield, R.N., and forty nursing students from St. Charles County Community College.

     Senator Klarich introduced to the Senate, Tim Brinker and Brian Boehmer, Was hington.

     On motion of Senator Banks, the Senate adjourned until 4:00 p.m., Monday, Mar ch 4, 1996.