Journal of the Senate

SECOND REGULAR SESSION


SIXTY-FIRST DAY--WEDNESDAY, APRIL 24, 1996


     The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, we are thankful for our secretaries, the ones who do most of the work and get the least amount of praise. We get praise for what we do, but without our Moms, we wouldn't have grown up, without our spouses, we wouldn't be happy and without our secretaries, we couldn't function. We are thankful for these great people. Without You Lord, none of this would be possible. We are thankful. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal of the previous day was read and approved.

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

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

     RESOLUTIONS

     Senator Caskey offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 1279

     WHEREAS, the members of the Missouri Senate recognize the importance of athletics to the social and physical development of the youth of this state; and

     WHEREAS, the young students who are members of the "Lady Bobcats" basketball team of Drexel, Missouri, have ample reason to celebrate upon the completion of the 1995-96 season; and

     WHEREAS, the pride of Drexel High School, the Lady Bobcats basketball team ended the season with a perfect 31-0 record and earned distinction as Girls 1A State Basketball Champions; and

     WHEREAS, during the Final Four Games held at the Hearnes Center in Columbia on March 15-16, 1996, the Lady Bobcats soundly defeated Atlanta 67-57 during the semi-final game, and unequivocally conquered Gallatin 60-45 during the final game, two exciting matches in which the Drexel girls demonstrated their exceptional teamwork and remarkable confidence; and

     WHEREAS, the Drexel Lady Bobcats enjoyed tremendous success due to the spectacular efforts of their Head Coach, Brent Bartlett, and Assistant Coach, Dennis Bolton, a talented coaching duo who displayed uncommon commitment to the development and success of the student athletes; and

     WHEREAS, the achievements realized by the Drexel Lady Bobcats were the result of hard work and many hours of practice by team members Christi Russell, Amy Fink, Jenny Still, Amy Seuferling, BryAnn Cook, Adrianne Cook, Brooke Hettinger, Lindsay Mills, Tanya Bailey, Lesley Mayfield, and Stephany Dawson;

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-eighth General Assembly, unanimously join in extending robust congratulations to the 1995-96 Drexel High School Lady Bobcats for achieving the pinnacle of success to attain the honor of being the best 1A girls basketball team in the entire Show-Me State; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the 1A State Champions of Drexel High School.

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 HS for HCS for HBs 1301 and 1298, with SCS; HB 974, with SCS; HB 1244, with SCS; HCS for HBs 800, 812, 817 and 821, with SCS; and HS for HB 832, begs leave to report that it has considered the same and recommends that the bills do pass.

THIRD READING OF SENATE BILLS

     SS for SB 981, introduced by Senator Goode, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 981

     An Act to repeal section 144.748, RSMo 1994, relating to use tax, and to enact in lieu thereof five new sections relating to the same subject, with an emergency clause and a termination date.

     Was taken up.

     On motion of Senator Goode, SS for SB 981 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
DePascoEhlmannFlotronGoode
HouseHowardJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMeltonMoseley
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesTrepplerWestfallWiggins--32
Nays--Senators--None
Absent--Senators
CurlsGraves--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
DePascoEhlmannFlotronGoode
HouseHowardJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMeltonMoseleyMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
TrepplerWestfallWiggins--31
Nays--Senators--None
Absent--Senators
CurlsGravesMcKenna--3
Absent with leave--Senators--None

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

     SCS for SB 719, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 719

     An Act to repeal sections 473.730, 473.733, 473.739, 473.747 and 475.050, RSMo 1994, and section 50.333, RSMo Supp. 1995, relating to public administrators, and to enact six new sections relating to the same subject.

     Was taken up by Senator Staples.

     On motion of Senator Staples, SCS for SB 719 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
DePascoEhlmannFlotronGoode
HouseHowardJohnsonKinder
KlarichLybyerMathewsonMaxwell
McKennaMeltonMoseleyMueller
QuickRussellSchneiderScott
SimsSingletonStaplesTreppler
WestfallWiggins--30
Nays--Senators
KenneyRohrbach--2
Absent--Senators
CurlsGraves--2
Absent with leave--Senators--None

     The President Pro Tem 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 Treppler moved that motion lay on the table, which motion prevailed.

     SS for SCS for SB 510, introduced by Senator Treppler, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 510

     An Act to repeal sections 302.191 and 302.292, RSMo 1994, and to enact in lieu thereof two new sections relating to the reporting and examination of impaired drivers for safety purposes, with penalty provisions and an effective date.

     Was taken up.

     Senator Quick assumed the Chair.

     On motion of Senator Treppler, SS for SCS for SB 510 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesJohnsonKinder
KlarichLybyerMathewsonMcKenna
MoseleyQuickRohrbachSchneider
ScottSimsSingletonStaples
TrepplerWiggins--26
Nays--Senators
HouseHowardKenneyMaxwell
MeltonMuellerRussellWestfall--8
Absent--Senators--None
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     SCS for SBs 597 and 729, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 597 and 729

     An Act to amend chapters 376 and 379, RSMo, relating to the reorganization of certain mutual insurance companies by adding thereto thirteen new sections relating to the same subject.

     Was called from the Informal Calendar and taken up by Senator McKenna.

     Under the provisions of senate rule 90, Senator Moseley requested unanimous consent of the Senate to be excused from voting, which request was granted.

     On motion of Senator McKenna, SCS for SBs 597 and 729 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyClayCurls
DePascoEhlmannFlotronGoode
GravesHouseJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellScottSims
SingletonStaplesTrepplerWestfall
Wiggins--29
Nays--Senators
CaskeyHowardMeltonSchneider--4
Absent--Senators--None
Absent with leave--Senators--None
Excused from voting--Senator Moseley--1

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

     SB 903, introduced by Senator Clay, entitled:

     An Act to repeal section 431.180, RSMo Supp. 1995, relating to certain construction agreements, and to enact two new sections relating to the same subject.

     Was called from the Informal Calendar and taken up.

     On motion of Senator Clay, SB 903 was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyCaskeyClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseJohnson
KenneyKlarichLybyerMathewson
MaxwellMcKennaMeltonMoseley
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWiggins--30
Nays--Senators
HowardKinderWestfall--3
Absent--Senators Treppler--1
Absent with leave--Senators--None

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

SENATE BILLS FOR PERFECTION

     Senator Caskey moved that SB 707, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 707, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 707

     An Act to repeal sections 178.900, 178.910, 178.920 and 178.930, RSMo 1994, relating to sheltered workshops, and to enact in lieu thereof four new sections relating to the same subject.

     Was taken up.

     Senator Caskey moved that SCS for SB 707 be adopted.

     Senator Schneider offered SS for SCS for SB 707, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 707

     An Act to repeal sections 178.900, 178.910, 178.920, 178.930, 178.940, 178.950 and 178.960, RSMo 1994, relating to sheltered workshops, and to enact in lieu thereof seven new sections relating to the same subject.

     Senator Schneider moved that SS for SCS for SB 707 be adopted.

     Senator Caskey requested a roll call vote be taken on the adoption of SS for SCS for SB 707 and was joined in his request by Senators Klarich, Rohrbach, Sims and Staples.

     Senator Johnson assumed the Chair.

     SS for SCS for SB 707 was adopted by the following vote:

Yeas--Senators
DePascoEhlmannGoodeGraves
HowardKenneyKinderLybyer
MaxwellMcKennaMeltonRohrbach
SchneiderScottSingletonStaples
WestfallWiggins--18
Nays--Senators
BanksBentleyCaskeyCurls
HouseJohnsonKlarichMathewson
MoseleyMuellerQuickRussell
SimsTreppler--14
Absent--Senators
ClayFlotron--2
Absent with leave--Senators--None

     At the request of Senator Caskey, SS for SCS for SB 707 was placed on the Informal Calendar.

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 HBs 1557 and 1489, entitled:

     An Act to repeal sections 57.080, 88.251, 115.123, 115.127, 115.132, 115.281, 115.300, 115.329, 115.333, 115.373, 115.385, 115.399, 115.401, 115.535, 115.611 and 115.613, RSMo 1994, and sections 115.125, 115.279 and 115.359, RSMo Supp. 1995, relating to election deadlines, and to enact in lieu thereof thirty-one new sections relating to the same subject, with penalty provisions and an emergency clause for certain sections.

     Emergency clause defeated.

     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 HS No. 2 for HCS for HB 1186, entitled:

     An Act to repeal sections 190.015, 190.043, 190.055, 190.060, 190.073, 190.093, 190.095, 190.100, 190.105, 190.110, 190.115, 190.120, 190.125, 190.130, 190.135, 190.140, 190.141, 190.145, 190.150, 190.155, 190.160, 190.165, 190.171, 190.175, 190.180, 190.190, 190.235, 190.237, 190.239, 190.241, 190.243, 190.245, 190.247, 354.400 and 354.535, RSMo 1994, and section 190.185, RSMo Supp. 1995, relating to emergency services, and to enact in lieu thereof thirty-one new sections relating to the same subject.

     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 Quick.

RESOLUTIONS

     Senator Mueller offered Senate Resolution No. 1280, regarding Missouri Pachyderm Clubs, which was adopted.

     Senator Mueller offered Senate Resolution No. 1281, regarding the Twentieth Anniversary of the St. Louis County Pachyderm Club, which was adopted.

     Senator Kinder offered Senate Resolution No. 1282, regarding the Jackson High School Girls Basketball Team, which was adopted.

     Senator Kinder offered Senate Resolution No. 1283, regarding Mr. Nick Elfrink, which was adopted.

SENATE BILLS FOR PERFECTION

     Senator Maxwell moved that SB 738, as amended, be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     Senator Sims offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Bill No. 738, Page 2, Section 376.1243, Lines 25-27, by striking all of said lines and inserting in lieu thereof the following:

     "(6) "Ophthalmologist", a physician licensed pursuant to chapter 334, RSMo, who is a graduate of an ophthalmology training program accredited by the accreditation council for graduate medical education of the American Medical Association or who has been certified by the American Board of Ophthalmology and whose practice includes medical or surgical care of the eye and visual system and routine vision care;"; and further amend lines 37-40, by striking all of said lines and inserting in lieu thereof the following:

     "(10) "Primary eye care", those health care services and materials for which a health benefit plan is obligated to pay for or provide to covered persons relating to medical or optometric care of the eye and related structures including routine vision care but excluding surgical care;"; and

     Further amend said bill, page 2, section 376.1247, line 4, by inserting immediately after "providers" the following: "in the health benefit plan"; and further amend lines 6-8, by striking all of said lines; and

     Further amend said bill and section, page 3, line 19, by inserting immediately after "person" the following: "without cause"; and further amend lines 20-22, by striking all of said lines; and

     Further amend said section by renumbering the remaining subsections accordingly; and

     Further amend said bill, page and section, line 25, by striking the word "guarantee" and inserting in lieu thereof the word "provide"; and further amend lines 27-29, by striking all of said lines and inserting in lieu thereof the following:

     "(8) Allow primary eye care providers, without distinction between classes except for good cause, to provide covered primary eye care services to covered persons within the bounds of said primary eye care provider's scope of practice;"; and further amend line 31, by striking "other condition or restriction" and inserting in lieu thereof the following: "unreasonable conditions or restrictions"; and

     Further amend said bill, pages 3-4, section 376.1249, lines 1-11, by striking all of said lines.

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

     Senator Klarich offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Bill No. 738, Page 1, In the Title, Line 1, by inserting immediately after the word "to", the following: "health maintenance organizations and to"; and

     Further amend said bill, page 1, section A, the following:

     "354.430. 1. Every enrollee residing in this state is entitled to evidence of coverage. If the enrollee obtains coverage through an insurance policy or a contract issued by a health services corporation, whether by option or otherwise, the insurer or the health services corporation shall issue the evidence of coverage. Otherwise the health maintenance organization shall issue the evidence of coverage.

     2. No evidence of coverage, or amendment thereto, shall be issued or delivered to any person in this state until a copy of the form of the evidence of coverage, or amendment thereto, has been filed with the director.

     3. An evidence of coverage shall contain:

     (1) No provisions or statements which are unjust, unfair, inequitable, misleading, or deceptive, or which encourage misrepresentation, or which are untrue, misleading, or deceptive as defined in subsection 1 of section 354.460; [and]

     (2) A clear and complete statement, if a contract, or a reasonably complete summary, if a certificate, of:

     (a) The health care services and the insurance or other benefits, if any, to which the enrollee is entitled;

     (b) Any limitations on the services, kind of services, benefits or kinds of benefits to be provided, including any deductible or copayment feature;

     (c) Where and in what manner information is available as to how services may be obtained;

     (d) The total amount of payment for health care services and the indemnity or service benefits, if any, which the enrollee is obligated to pay with respect to individual contracts; and

     (e) A clear and understandable description of the health maintenance organization's method for resolving enrollee complaints; and

     (3) A statement that each enrollee has the right to know the profession and training of any person within the health service organization determining the necessity and appropriateness of the provision of health care services to the enrollee under the plan, and a phone number at which this information may be obtained.

     4. Any subsequent change in an evidence of coverage may be made in a separate document issued to the enrollee.

     5. A copy of the form of the evidence of coverage to be used in this state, and any amendment thereto, shall be subject to the filing of subsection 2 of this section unless it is subject to the jurisdiction of the director under the laws governing health insurance or health services corporations, in which event the filing provisions of those laws shall apply.

     354.440. Every health maintenance organization shall make available to its enrollees:

     (1) The most recent annual statement of financial condition, including a balance sheet and summary of receipts and disbursements;

     (2) A description of the organizational structure and operation of the health care plan and a summary of any material changes since the issuance of the last report;

     (3) A description of services and information as to where and how to secure them; [and]

     (4) A clear and understandable description of the health maintenance organization's method for resolving enrollee complaints; and

     (5) Information about the profession and training of any person within the health service organization determining the necessity and appropriateness of the provision of health care services to the enrollee under the plan, and a phone number at which this information may be obtained."; and

     "376.1200. 1. Every health maintenance organization, health services organization and any other insurer providing a health care plan in this state shall provide for emergency medical services as part of that plan.

     2. As used in this section, "emergency medical services" means those health care services provided to evaluate and treat medical conditions of recent onset and severity that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that urgent and/or unscheduled medical care is required."; and

     Further amend the title and enacting clause accordingly.

     Senator Klarich moved that the above amendment be adopted.

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

     The point of order was referred to the President Pro Tem, who took it under advisement, which placed the bill on the Informal Calendar.

     Senator Goode moved that SB 509, 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.

     Senator Wiggins assumed the Chair.

     Senator Goode offered SSA 1 for SA 2:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 2

     Amend Senate Bill No. 509, Page 7, Section 379.203, Line 1, by striking the opening bracket "[" from said line; and further on lines 6-9 by striking said lines and inserting in lieu thereof the following: "unless coverage is"; and

     Further amend said section, page 9, line 79, by striking the closing bracket "]" from said line; and

     Further amend the title and enacting clause accordingly.

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

     On motion of Senator Goode, SB 509, as amended, was declared perfected and ordered printed.

     Senator Quick moved that SB 905 be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     At the request of Senator Quick, SB 905 was placed on the Informal Calendar.

     Senator Caskey moved that SB 852, with SS No. 2, SA 1 and SSA 1 for SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SSA 1 for SA 1 was again taken up.

     Senator Howard assumed the Chair.

     At the request of Senator Russell, SSA 1 for SA 1 was withdrawn.

     SA 1 was again taken up.

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

     At the request of Senator Caskey, SS No. 2 for SB 852 was withdrawn.

     Senator Caskey offered SS No. 3 for SB 852, entitled:

SENATE SUBSTITUTE NO. 3 FOR

SENATE BILL NO. 852

     An Act to repeal sections 163.011, 163.031, 163.172, 165.051 and 165.111, RSMo 1994, and sections 164.011 and 165.011, RSMo Supp. 1995, relating to the use of public school funds, and enacting eight new sections relating to the same subject, with an emergency clause.

     Senator Caskey moved that SS No. 3 for SB 852 be adopted.

     Senators Ehlmann and Kenney offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute No. 3 for Senate Bill No. 852, Page 33, Section B, Line 23 of said page, by inserting immediately before said line, the following:

     "178.405. 1. Any pupil less than eighteen years of age who graduates from a public, private, parochial or parish school at the high school level shall be eligible for a scholarship to attend academic classes at an approved public institution or an approved private institution, as those terms are defined in section 173.205, RSMo, in the succeeding school year. Such attendance shall be included in the average daily attendance of the district the pupil resided in at graduation during such succeeding school year. To attend, a pupil must satisfy all qualifications of the institution attended.

     2. The department of elementary and secondary education shall deduct from its state aid payment under section 163.031, RSMo, to the district for the succeeding year a sum that is equal to eighty percent of the per pupil amount resulting from the pupil's attendance pursuant to subsection 1 of this section and such amount shall be deposited in the "Missouri Higher Education Student Voucher Fund", which is hereby created in the state treasury, for the purpose of providing scholarships for pupils attending classes at an approved public institution or an approved private institution pursuant to subsection 1 of this section. One-half of the remaining funds paid to the district based on the attendance of such pupil shall be used for bonus compensation and benefits to certificated staff based upon merit, and the remaining one-half may be used for any school purpose.

     3. A pupil attending academic classes at an approved public institution or an approved private institution under subsection 1 of this section is eligible for and shall receive, upon request, from the department, a scholarship in the amount of eighty percent of the amount deducted by the department under subsection 2 for such pupil except that the scholarship shall not exceed the tuition, and other fees charged by the institution attended for such classes. The school attended by a pupil shall provide documentation to the department showing the enrollment at the institution, the pupil's high school enrollment record, the amount of tuition paid and attendance records from the institution attended showing the attendance of the pupil."; and

     Further amend the title and enacting clause accordingly.

     Senator Ehlmann moved that the above amendment be adopted.

     Senator Ehlmann offered SA 1 to SA 1:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Substitute No. 3 for Senate Bill No. 852, Page 1, Section 178.405, Line 4, by deleting the words: "private, parochial or parish".

     Senator Ehlmann moved that the above amendment be adopted.

     Senator Caskey raised the point of order that SA 1 is out of order in that the amendment goes beyond the scope and title of the bill.

     The point of order was referred to the President Pro Tem.

     At the request of Senator Caskey, the point of order with withdrawn.

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

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

     Senators Ehlmann and Kenney offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute No. 3 for Senate Bill No. 852, Page 33, Section B, Line 23 of said page, by inserting immediately before said line, the following:

     "178.405. 1. Any pupil less than eighteen years of age who graduates from a public, school at the high school level shall be eligible for a scholarship to attend academic classes at an approved public institution or an approved private institution, as those terms are defined in section 173.205, RSMo, in the succeeding school year. Such attendance shall be included in the average daily attendance of the district the pupil resided in at graduation during such succeeding school year. To attend, a pupil must satisfy all qualifications of the institution attended.

     2. The department of elementary and secondary education shall deduct from its state aid payment under section 163.031, RSMo, to the district for the succeeding year a sum that is equal to eighty percent of the per pupil amount resulting from the pupil's attendance pursuant to subsection 1 of this section and such amount shall be deposited in the "Missouri Higher Education Student Voucher Fund", which is hereby created in the state treasury, for the purpose of providing scholarships for pupils attending classes at an approved public institution or an approved private institution pursuant to subsection 1 of this section. One-half of the remaining funds paid to the district based on the attendance of such pupil shall be used for bonus compensation and benefits to certificated staff based upon merit, and the remaining one-half may be used for any school purpose.

     3. A pupil attending academic classes at an approved public institution or an approved institution under subsection 1 of this section is eligible for and shall receive, upon request, from the department, a scholarship in the amount of eighty percent of the amount deducted by the department under subsection 2 for such pupil except that the scholarship shall not exceed the tuition, and other fees charged by the institution attended for such classes. The school attended by a pupil shall provide documentation to the department showing the enrollment at the institution, the pupil's high school enrollment record, the amount of tuition paid and attendance records from the institution attended showing the attendance of the pupil."; and

     Further amend the title and enacting clause accordingly.

     Senator Ehlmann moved that the above amendment be adopted.

     Senator Quick resumed the Chair.

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

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 2

     Amend Senate Amendment No. 2 to Senate Substitute No. 3 for Senate Bill No. 852, Page 1, Section 178.405, Line 4, by adding after the word "school," the following: "in less than four years".

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

     SA 2, as amended, was again taken up.

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

     Senator Singleton offered SA 3, which was read:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute No. 3 for Senate Bill No. 852, Page 30, Section 165.016, Line 16 of said page, by striking the words "Prior to" and inserting in lieu thereof the word "When"; and further on line 18, by striking the word "comments" and inserting in lieu thereof the following: "any comments which have been received".

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

     Senator Kenney offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute No. 3 for Senate Bill No. 852, Page 33, Section B, Line 23 of said page, by inserting immediately after said line the following:

     "Section 1. Executive order 95-11 is hereby declared to be null and void and no state agency or group of agencies shall participate in the federal School-to-Work program nor implement any statewide workforce development plan, including any plan based upon the recommendation of the Missouri training and employment council, unless such agency or agencies are specifically authorized to do so by an act of the general assembly."; and

     Further amend the title and enacting clause accordingly.

     Senator Kenney moved that the above amendment be adopted.

     Senator Caskey raised the point of order that SA 4 is out of order in that the amendment goes beyond the scope and purpose of the bill.

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

     Senator Kinder offered SA 5:

SENATE AMENDMENT NO. 5

     Amend Senate Substitute No. 3 for Senate Bill No. 852, Page 33, Section B, Line 23 of said page, by inserting immediately before said line, the following:

     "Section 1. No person may serve for more than three consecutive school years as an administrator in a school district unless the person has taught at least one regular term class during the three preceding years."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Caskey moved that SS No. 3 for SB 852, as amended, be adopted, which motion prevailed.

     On motion of Senator Caskey, SS No. 3 for SB 852, as amended, was declared perfected and ordered printed.

     At the request of Senator Klarich, SA 4 to SB 738 was withdrawn, rendering the point of order moot.

     SB 738, as amended, was placed before the body.

     At the request of Senator Maxwell, SB 738, as amended, was placed on the Informal Calendar.

MESSAGES FROM THE HOUSE

     The following message was 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 refuses to adopt Conference Committee Report No. 2 on HCS for SS for SB 687 and requests the Senate to grant further conference.

MESSAGES FROM THE GOVERNOR

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

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 24, 1996

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:

     Robert J. Mayfield, Democrat, 12910 Walnutway Terrace, St. Louis, St. Louis County, Missouri 63146, as a member of the State Lottery Commission, for a term ending September 7, 1997, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 24, 1996

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:

     Bill M. Burch, Democrat, 658 N. Ranney, Sikeston, Scott County, Missouri 63801, 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, V. Edwin Stoll, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 24, 1996

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:

     Kenneth R. Hensley, Democrat, 601 N. 9th, Albany, Gentry County, Missouri 64402, as a member of the State Lottery Commission, for a term ending March 3, 1998, and until his successor is duly appointed and qualified; vice, Robert E. Scott, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 24, 1996

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 W. Zielonko, 15 Fox Meadows, Sunset Hills, St. Louis County, Missouri 63127, as a member of the Missouri Higher Education Loan Authority, for a term ending October 22, 2000, and until his successor is duly appointed and qualified; vice, John Donald, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

     Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 24, 1996

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:

     Joe E. Maxwell, 210 E. Promenade, Mexico, Audrain County, Missouri 65265, as a member of the Missouri Training and Employment Council, for a term ending August 28, 1998, and until his successor is duly appointed and qualified; vice, Mary Rhodes, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

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

PRIVILEGED MOTIONS

     Senator Goode moved that the Senate grant the House further conference on HCS for SS for SB 687, as amended, which motion prevailed.

RESOLUTIONS

     Senator Howard offered Senate Resolution No. 1284, regarding David Armstrong, Caruthersville, which was adopted.

     Senator Howard offered Senate Resolution No. 1285, regarding Linda McClanahan, Caruthersville, which was adopted.

     Senator Howard offered Senate Resolution No. 1286, regarding Caroline LaVallee, which was adopted.

     Senator Schneider offered Senate Resolution No. 1287, regarding Matthew Jay Corwin, Ferguson, which was adopted.

     Senator Treppler offered Senate Resolution No. 1288, regarding the Honorable Patricia A. Killoren, Crestwood, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Kenney introduced to the Senate, the Physician of the Day, Dr. Dana Duckworth, Blue Springs.

     Senator Caskey introduced to the Senate, Brent Bartlett, and the Girls 1A State Basketball Championship Team from Drexel High School, Drexel.

     Senator Moseley introduced to the Senate, Fred Frese, Hudson, Ohio.

     Senator Wiggins introduced to the Senate, Mr. and Mrs. Jerry Mackey and their granddaughter, Kelly, and Vicki Irwin, Kansas City.

     Senator McKenna introduced to the Senate, Theresa Ponzar, twenty adults and ninety fourth grade students from Antonia Elementary School, Imperial; and Jacob Kemper, Jerry Holifield and Dustin Marquart were made honorary pages.

     Senator Sims introduced to the Senate, Catherine Williams and eleven students from Christian Academy of Greater St. Louis, St. Louis; and Amanda Clemons, Brian Fahs, Melissa Jackson, Don Lavely, Nikki Lamb, Mike Gilbert and Sam Wheeler were made honorary pages.

     Senator Bentley introduced to the Senate, Larry Cataldo and thirty guests from the Burrell Mental Health Transitions Program, Springfield.

     Senator Staples introduced to the Senate, the seventh grade class from Sunrise School, DeSoto; and Amy Antonio, Andrew Shannon, Kimberly Dickinson and Robert Therrel were made honorary pages.

     Senator Schneider introduced to the Senate, ninety-five fourth grade students from Jana Elementary School, Florissant; and Colleen VanDerWal, Kimberly O'Keefe, Jonathan Brandt and Rhona Flanagan were made honorary pages.

     Senator Wiggins introduced to the Senate, Ms. Nicole Mohning and fifteen seventh grade students from Notre Dame de Sion School, Kansas City.

     Senator Melton introduced to the Senate, Wilma Swofford and forty-five fourth grade students from Cassville Elementary School, Cassville.

     Senator Caskey introduced to the Senate, Jim Hoke and his son, Mark Stinson, Harrisonville; and Mark was made an honorary page.

     Senator Graves introduced to the Senate, Jim Romesburg, Bill Christisen, Roy and Judy Gwin, Gerald Critten, Velda Smith, Linda Gilpatrick, Bonnie Richardson, Maryland Cox, Maryland McClure, Marvin McDonald, Terry and Crissey Spence and Frances Bensyl, Putnam, Grundy, Livingston and Harrison Counties.

     Senator Rohrbach introduced to the Senate, Ken and Martha Brown, Warsaw.

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