Journal of the Senate

SECOND REGULAR SESSION


FIFTY-THIRD DAY--TUESDAY, APRIL 11, 2000


The Senate met pursuant to adjournment.

President Pro Tem Quick in the Chair.

The Reverend Carl Gauck offered the following prayer:

E. Townley Lord asked: "How much of God's sunshine has entered your life? How much time have you spent in the radiance of his presence?"

Gracious God, as we continue our work this week we are so mindful of the draining pressures and demands that are beginning to increase around us. We need You to give us quietness and patience as we seek Your guidance and blessings in all that we do here. We recognize that the surest spiritual search is made in silence; help us to find such quietness in each day to wait upon You so that we might be refreshed for what lies ahead. In Your Holy 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
Bentley Bland Carter Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Mathewson Maxwell
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--34
Absent with leave--Senators--None
The Lieutenant Governor was present.


RESOLUTIONS

Senator Clay offered Senate Resolution No. 1506, regarding the death of Reverend Earl Nance, Sr., St. Louis, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1507, regarding Dr. R. James Ottomeyer, III, O'Fallon, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1508, regarding Maxine Blount, O'Fallon, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1509, regarding SSM St. Joseph Health Center and SSM St. Joseph Hospital West, O'Fallon, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1510, regarding White Auto Body West, O'Fallon, which was adopted.

Senator Rohrbach offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1511

WHEREAS, the General Assembly fully recognizes the importance of preparing our youth to become active and productive citizens through worthwhile governmental or citizenship projects; and

WHEREAS, the General Assembly has a long tradition of rendering assistance to those organizations who sponsor these projects in the interest of our young people; and

WHEREAS, one clear example of such an organization is the Missouri YMCA, which has become widely recognized for its sponsorship of the Youth in Government program; and

WHEREAS, the Missouri YMCA Youth in Government program provides its participants with a unique insight into the day to day operation of our state government;

NOW, THEREFORE, BE IT RESOLVED by the Missouri Senate that the Missouri YMCA be hereby granted permission to use the Senate Chamber for the purposes of its Youth in Government program during the period of November 18, 2000 from 9:00 A.M. to 3:00 P.M. and November 29 through December 2, 2000.

Senator Caskey offered Senate Resolution No. 1512, regarding Anita K. Godfrey, Warrensburg, which was adopted.

REPORTS OF STANDING COMMITTEES

Senator Stoll, Chairman of the Committee on Elections, Veterans' Affairs and Corrections, submitted the following reports:

Mr. President: Your Committee on Elections, Veterans' Affairs and Corrections, to which was referred HB 1185, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Elections, Veterans' Affairs and Corrections, to which was referred HB 1186, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Clay, Chairman of the Committee on Financial and Governmental Organization, submitted the following reports:

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred HB 1376, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred HB 1802, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

SENATE BILLS FOR PERFECTION

SB 930, with SCS, was placed on the Informal Calendar.

Senator Stoll moved that SJR 50 be taken up for perfection, which motion prevailed.

On motion of Senator Stoll, SJR 50 was declared perfected and ordered printed.

At the request of Senator Mathewson, SB 885, with SCS, was placed on the Informal Calendar.

Senator Mathewson moved that SB 902 be taken up for perfection, which motion prevailed.

Senator Johnson assumed the Chair.

Senator Mathewson offered SS for SB 902, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 902

An Act to repeal sections 313.008, 313.270, 313.805, 313.807, 313.812, 313.815, 313.817, 313.820, 313.822, 313.825, 313.827, 313.830 and 313.837, RSMo 1994, and sections 313.835 and 313.842, RSMo Supp. 1999, relating to gaming, and to enact in lieu thereof fifteen new sections relating to the same subject, with penalty provisions.

Senator Mathewson moved that SS for SB 902 be adopted.

Senator Mathewson offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Bill No. 902, Page 43, Section 313.842, Line 6 of said page, by striking "313.822" and inserting in lieu thereof the following: "313.820".

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

Senator Clay offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Bill No. 902, Page 12, Section 313.812, Line 8, of said page, by inserting after "county" the following: ".When determining where to locate a licensed excursion gambling boat, the commission shall give priority to those cities and counties where no current excursion gambling exists".

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

Senator Klarich offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Bill No. 902, Page 7, Section 313.805, Line 14, by inserting after "boat" the following: ". Cashless wagering systems including any type of preferred player card system may be used to enforce loss limits but shall not be used to collect identifying information about any player. Cashless wagering systems shall not collect or provide information to track or contact individual players in any way for any purpose. This does not preclude the commission from directing and supervising data collection for statistical purposes which does not identify any individual player".

Senator Klarich moved that the above amendment be adopted.

Senator Wiggins assumed the Chair.

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

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 3

Amend Senate Amendment No. 3 to Senate Substitute for Senate Bill No. 902, Page 1, Lines 4-5, by striking the words "but shall not be used to collect identifying information about any player"; and further amend said amendment, lines 6-7, by striking the words "or contact individual players in any way for any purpose" and insert in lieu thereof "playing patterns or demographic information".

Senator Flotron moved that the above amendment be adopted.

Senator Ehlmann offered SSA 1 for SA 1 to SA 3, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 3

Amend Senate Amendment No. 3 to Senate Substitute for Senate Bill No. 902, Page 1, Section 313.805, Line 10, by adding: "unless the individual player waives in writing, this prohibition. No gaming operation or any employee of a gaming operation shall knowingly and purposefully solicit or encourage someone to come to the gaming facility if they know or should know that the individual player has or is experiencing financial distress due to gaming.".

Senator Ehlmann moved that the above substitute amendment be adopted.

At the request of Senator Ehlmann, SSA 1 for SA 1 to SA 3 was withdrawn.

Senator Johnson assumed the Chair.

Senator Flotron offered SSA 2 for SA 1 to SA 3, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 3

Amend Senate Amendment No. 3 to Senate Substitute for Senate Bill No. 902, Page 1, Section 313.805, Line 10, by adding: "unless the individual player waives in writing, this prohibition. No gaming operation or any employee of a gaming operation shall knowingly and purposefully solicit or encourage someone to come to the gaming facility if they know or should know that the individual player has or is experiencing financial distress due to gaming. The gaming commission shall promulgate rules to determine a standard for knowing and purposefully soliciting.".

Senator Flotron moved that the above substitute amendment be adopted.

At the request of Senator Mathewson, SB 902, with SS, SA 3, SA 1 to SA 3 and SSA 2 for SA 1 to SA 3 (pending), was placed on the Informal Calendar.

Senator Stoll assumed the Chair.

On motion of Senator DePasco, the Senate recessed until 3:00 p.m.

RECESS



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

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SJR 50, begs leave to report that it has examined the same and finds that the joint resolution has been truly perfected and that the printed copies furnished the Senators are correct.

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

Mr. President: Your Committee on State Budget Control, to which was referred SB 610; and SS for SCS for SBs 678 and 742, begs leave to report that it has considered the same and recommends that the bills do pass.

Also,

Mr. President: Your Committee on State Budget Control, to which was referred SS No. 2 for SJR 53, begs leave to report that it has considered the same and recommends that the joint resolution 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 HB 1085, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

CONCURRENT RESOLUTIONS

Senator Wiggins offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 39

BE IT RESOLVED by the members of the Senate of the Ninetieth General Assembly, Second Regular Session, the House of Representatives concurring therein, that the Missouri Committee on Legislative Research shall prepare and cause to be collated, indexed, printed and bound all acts and resolutions of the Ninetieth General Assembly, Second Regular Session, and shall examine the printed copies and compare them with and correct the same by the original rolls, together with an attestation under the hand of the Revisor of Statutes that he has compared the same with the original rolls in his office and has corrected the same thereby; and

BE IT FURTHER RESOLVED that the size and quality of the paper and binding shall be substantially the same as used in prior session laws and the size and style of type shall be determined by the Revisor of Statutes; and

BE IT FURTHER RESOLVED that the Joint Committee on Legislative Research is authorized to print and bind copies of the acts and resolutions of the Ninetieth General Assembly, Second Regular Session, with appropriate indexing; and

BE IT FURTHER RESOLVED that the Revisor of Statutes is authorized to determine the number of copies to be printed.

RESOLUTIONS

Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1513

WHEREAS, it is with heavy hearts that the members of the Missouri Senate pause to recognize the lifetime achievements of an outstanding Missourian who positively touched the lives of countless individuals during his seventy-seven-year journey on this most precious earth; and

WHEREAS, the members of this legislative body were truly saddened to learn of the recent death of the Honorable Frank L. O'Gara, a former member of the Missouri House of Representatives who passed away on Sunday, February 27, 2000; and

WHEREAS, born in Kansas City to John and Josephine (Wall) O'Gara, Frank O'Gara graduated from Maur Hill, attended Rockhurst College and St. Benedict's College, and served his country as a member of the United States Coast Guard during World War II; and

WHEREAS, Democrat Frank O'Gara distinguished himself as Constable in the Magistrate Court from 1958 to 1962, during which time he did his utmost to meet the numerous obligations entrusted to him by the people; and

WHEREAS, after fulfilling his duties as Constable, Frank O'Gara went on to be elected in 1968 and again in 1972 to serve this great state as a member of the Missouri House of Representatives, where he was admired and respected as a true gentleman; and

WHEREAS, in addition to his affiliation with politics, Frank O'Gara contributed much of his time and energy operating several businesses and participating in the Catholic religion; and

WHEREAS, Frank O'Gara will be missed by his grieving family whose members include his loving wife, Patricia Ann Kramer; his children, John Joseph and Julie (Swope) O'Gara, Mary Josephine and Jeffrey Schenke, Frank L., Jr. (Buddy) and Marguerite (Passantino) O'Gara, and Patricia Ann and Ronald L. Jurgeson; his grandchildren, Bridget Marie, Jeffrey Francis, Patricia Josephine, Frank L. III, Rosalee Marie, Benjamin Patrick, Eric Kramer, Ronald Leo, and Abigail Marie; two sisters, Mary Jo Clune and Alice McCambridge; and many nieces and nephews:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninetieth General Assembly, join unanimously to salute the life and work of the late Frank O'Gara and to extend this legislative body's sincerest condolences to his family upon their tremendous personal loss; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the family of Frank L. O'Gara.

Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1514

WHEREAS, Rose Kemp, a treasured resident of Kansas City, Missouri, will be honored by the Missouri Women's Council as the first recipient of the prestigious Rose Kemp Public Service Award during a glorious presentation to be held April 27, 2000; and

WHEREAS, appointed Regional Administrator of the Women's Bureau, United States Department of Labor, on May 15, 1983, Rose Kemp is responsible for policy development and the implementation of Women's Bureau and Department of Labor objectives and programs; and

WHEREAS, during her stellar career as a public servant, Rose Kemp has witnessed with pleasure many positive and progressive changes in the workplace including the passage of legislation which prohibits age discrimination in employment, and remains optimistic about the future and the continued efforts for women to achieve economic parity; and

WHEREAS, the 1992 Kansas City Career Woman of the Year, Rose Kemp is exceedingly proud of her affiliation with the University of Kansas; the National Youth Information Network; CORO; the Brown Foundation for Educational Equity, Excellence, and Research; the University of Missouri-Kansas City Women's Council; the Greater Kansas City Urban League; Jackson County Chapter of LINKS, Inc.; and the Francis Child Development Institute; and

WHEREAS, voted one of the 100 Most Influential Black Citizens in the Greater Kansas City area in 1993, 1994, 1996, 1997, and 1998, Rose Kemp is a proud recipient of the U.S. Department of Labor Distinguished Career Service Award, the 1991 Kansas City Spirit Award, the 1995 Missouri Department of Economic Development Leadership Award, the 1996 YWCA Hearts of Gold Award, the 1996 Alpha Kappa Alpha Community Service Award, and the National Association of Negro Business and Professional Women's Clubs, Inc.'s National Sojourner Truth Meritorious Service Award; and

WHEREAS, Rose Kemp looks forward to the future with great joy and anticipation and hopes to have enough determination to make tomorrow better than today - not only for herself and her family, but for all those whose lives she has touched:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninetieth General Assembly, unanimously join in extending our most hearty and robust congratulations to Rose Kemp upon her most worthy receipt of the very first Rose Kemp Public Service Award, and in wishing her only the very best as she continues to serve as an inspiration to all those who know and love her; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Rose Kemp, as a measure of our esteem for her.

SENATE BILLS FOR PERFECTION

Senator Caskey moved that SB 925, with SCS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

Senator Caskey offered SS for SCS for SB 925, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 925

An Act to amend chapter 262, RSMo, by adding thereto four new sections relating to the Missouri agricultural advocates office.

Senator Caskey moved that SS for SCS for SB 925 be adopted.

Senator Howard offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 925, Page 4, Section 262.756, Line 25, by striking the period, ".", and inserting in place thereof "; and"; and further amend said bill by inserting thereafter,

"(18) An association which represents the statewide interests of cotton producers;" and further amend said bill, section and page line 22 by striking the word "and".

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

Senator Flotron offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 925, Page 6, Section 262.759, Line 6, by inserting before said line the following:

"32.045. 1. There is established within the office of administration the "Department of Revenue Oversight Board". The oversight board shall be composed of nine members, as follows:

(1) Seven members shall be individuals who are not otherwise state officers or employees and who meet the qualifications described in subsection 2 of this section and who are appointed by the governor with the advice and consent of the senate;

(2) One member shall be the director of revenue; and

(3) One member shall be an individual who is, and has been for at least five years prior to appointment, a full-time employee of the department of revenue and who shall be appointed by the governor with the advice and consent of the senate.

2. Members of the oversight board described in subdivision (1) of subsection 1 of this section shall be appointed without regard to political affiliation and solely on the basis of their professional experience and expertise in one or more of the areas as follows:

(1) At least one member shall have experience in the tax laws of this state, including tax administration and compliance;

(2) At least one member shall have experience in information technology;

(3) At least one member shall have experience in business organization and development in this state;

(4) At least one member shall have experience in addressing the needs and concerns of individual income taxpayers of this state;

(5) At least one member shall have experience in operating a business with fewer than twenty employees in this state;

(6) At least one member shall have experience in operating a business with more than twenty and fewer than one hundred employees, with a headquarters located within this state; and

(7) At least one member shall have experience in operating a business with more than one hundred employees, with a headquarters located within this state.

3. Each member of the board, other than the director of revenue, shall be appointed for a term of five years, except that of the members initially appointed to the board, two members shall be appointed for a term of two years, two members shall be appointed for a term of three years, two members shall be appointed for a term of four years, and two members shall be appointed for a term of five years. Such members shall not serve more than one five-year term. Any vacancy on the oversight board shall be filled by a person with expertise in the same area as the person's predecessor, and shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of that term and may be reappointed to one full five-year term at the end of the original term.

4. The oversight board shall oversee the department in its administration, management, conduct, direction, execution and application of the tax laws of this state. Specifically, the board shall be responsible for the following:

(1) Review and approval of department of revenue strategic plans, including the establishment of mission and objectives and standards of performance relative to either;

(2) Review of the department's operational functions, including any plans for tax system modernization, outsourcing, training and education;

(3) Overseeing management of the department by recommending candidates for the director of revenue position to the governor, recommending removal of the director, if necessary, and reviewing the selection and evaluation of the senior staff of the department;

(4) Reviewing and approving or disapproving any director's plan for major reorganization of the department to ensure such reorganization serves the best interests of the taxpayers of this state;

(5) Overseeing the department's budget requests through review and approval of such requests prior to submittal to the legislature, ensuring the budget requests support the department's strategic plan;

(6) Ensuring the proper treatment of taxpayers by auditors and other department employees.

5. Tax information deemed confidential under the provisions of section 32.057 shall remain confidential and disclosure of such confidential tax information shall be allowed to board members only in accordance with the provisions of section 32.057, unless a taxpayer specifically authorizes disclosure of tax information in writing. Upon receipt of a written disclosure authorization, the department shall provide tax information regarding the taxpayer to the board. Records pertaining to the overall operation of the department's tax collection and administration, the disclosure of which is not limited by section 32.057, shall be provided to any member of the board as soon as reasonably possible following receipt by the department of revenue of a written request for such information by the board member.

6. All actions of the board shall be approved by a simple majority vote of the board.

7. In accordance with the provisions of subdivision (6) of subsection 4 of this section, and notwithstanding the provisions of any other law to the contrary, the board shall review and approve any tax administration action or collection activity that impacts a large number of businesses within a particular industry or group of taxpayers prior to department of revenue taking such action or pursuing such activity. Some factors the board shall consider include:

(1) Whether the action or activity is consistent with previous instructions given to members of the industry, both formal and informal, by the department of revenue through verifiable telephone conversations, informal letters or regulations promulgated by the department;

(2) Whether the action or activity is consistent with previous industry practices with regard to the issue at hand, determined by testimony of other businesses in the same industry;

(3) Whether the action or activity is consistent with any final decision issued by a court of competent jurisdiction or the administrative hearing commission regarding the issue at hand;

(4) The monetary impact of the action or activity on the industry as a whole; and

(5) Any other factor that, in the opinion of the board, should be considered in the interest of the fair treatment of taxpayers by the department of revenue.

8. If the board, by majority vote, determines that an action or activity of the department as determined under subsection 7 of this section is improper, the board shall have the authority to direct the department to follow a course of action deemed acceptable to a majority of the members of the board.

9. Any decision of the board shall be consistent with existing statutes and decisions of a court of competent jurisdiction or the administrative hearing commission regarding the issue.

10. Any decision of the board may be appealed to the administrative hearing commission in the same manner as the procedure provided for appeal of decisions of the director of revenue as provided in section 621.050, RSMo, provided that any such appeal is filed within sixty days of the date the decision is issued by the board.

11. Taxpayers may personally represent themselves in any proceedings of the board. In the case of a business, any owner, partner or officer of the company may represent the business in any proceedings of the board.

12. Each member of the board shall be reimbursed for reasonable and necessary expenses, including travel expenses, actually incurred in the performance of his or her official duties.

13. Meetings of the board shall be held at least once per month and shall be subject to the provisions of chapter 610, RSMo, regarding meetings of governmental bodies. Records shall be maintained of all meetings and shall be subject to the provisions of chapter 610, RSMo, regarding public records except where disclosure of such records would violate the provisions of section 32.057, in which case the provisions of section 32.057 shall prevail."; and

Further amend the title and enacting clause accordingly.

Senator Flotron moved that the above amendment be adopted.

Senator Johnson assumed the Chair.

Senator Caskey raised the point of order that SA 2 is out of order as it goes beyond the scope and purpose of the original bill.

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

Senator Singleton offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 925, Page 2, Section 262.753, Lines 18-25, by deleting said lines and further amend said section, page 3, lines 1-3, by deleting them; and

Further amend title and enacting clause accordingly.

Senate Singleton moved that the above amendment be adopted, which motion failed.

Senator Caskey moved that SS for SCS for SB 925, as amended, be adopted, which motion prevailed.

On motion of Senator Caskey, SS for SCS for SB 925, as amended, was declared perfected and ordered printed.

Senator Mathewson moved that SB 902, with SS, SA 3, SA 1 to SA 3 and SSA 2 for SA 3 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SSA 2 for SA 1 to SA 3 was again taken up.

At the request of Senator Flotron, the above substitute amendment was withdrawn.

SA 1 to SA 3 was again taken up.

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

SA 3 was again taken up.

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

Senator Flotron offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Bill No. 902, Page 10, Section 313.807, Line 9, by striking the opening bracket "[" on said line; and further amend line 10, by striking the closing bracket "]" on said line; and further amend lines 12 and 13, by striking said lines and inserting in lieu thereof the following: "two years. However, the commission".

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

Senator Howard offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Bill No. 902, Page 22, Section 313.820, Line 19, by striking the words "one cent" and replacing them with the words "two cents"; and further amend said bill, said section, line 22, by inserting after "313.842" the words "and used for the purpose authorized therein and for treatment of compulsive gamblers who also abuse drugs and alcohol".

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

President Pro Tem Quick assumed the Chair.

Senator Rohrbach offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Bill No. 902, Page 1, In the Title, Line 8, by inserting after "provisions" the following: "and an emergency clause for a certain section"; and

Further amend said bill, Page 43, Section 313.842, Line 16, by inserting after all of said line the following:

"313.918. 1. As used in this section, the following terms shall mean:

(1) "Bona fide member", a member of an organization recognized as charitable or religious pursuant to section 501(c)(3) or section 501(d) of the Internal Revenue Code, who has paid all required dues of the organization, who is eighteen years of age or older, who has equal voting rights with all other members, who has an equal opportunity to be an elected officer, who has equal rights and responsibilities of attendance at the regularly scheduled meetings of the organization, whose name and membership origination date appear with the member's knowledge and consent on a list of members of the organization, and who has been a member of the organization for at least six months;

(2) "Charitable organization", a not-for-profit organization recognized as charitable pursuant to section 501(c)(3) of the Internal Revenue Code;

(3) "Commission", the Missouri gaming commission;

(4) "Gross receipts", all receipts from the sale of raffles and any miscellaneous items associated with a raffle, excluding concessions;

(5) "Person", any individual, corporation, partnership, firm, association, limited liability company, organization, or other entity;

(6) "Prize", cash, gift certificate or item of personal property which shall be valued at its fair market value in a manner determined by the commission;

(7) "Raffle", a game in which tickets bearing a unique individual number are sold for good and valuable consideration and in which a prize or prizes are awarded on the basis of a random drawing from the tickets by the person or persons conducting the game, when the game is conducted by a charitable or religious organization, and when no person other than a bona fide member of the organization takes part in the conduct, management or operation of the game. A raffle does not include any gambling scheme which uses any mechanical, computer, electronic, or video gaming device which has the capability of awarding something of value, free games redeemable for something of value, or tickets or stubs redeemable for something of value;

(8) "Religious organization", a not-for-profit organization recognized as religious pursuant to section 501(c)(3) or section 501(d) of the Internal Revenue Code;

(9) "Supplies", materials only used solely and directly for raffles and sweepstakes purchased from a supplier licensed by the commission in the manner provided for bingo suppliers pursuant to section 313.057;

(10) "Sweepstakes", a legal contest or game in which a prize is distributed by lot or by chance and does not require participants to give good and valuable consideration in order to participate and win.

2. Charitable or religious organizations, organized primarily for purposes other than the conduct of raffles, are hereby authorized to conduct raffles without obtaining a license from the commission when such raffles are held in accordance with this section, other applicable laws, and the rules of the commission and when the value of all prizes from all such raffles held by the organization during the calendar year do not exceed five thousand dollars and the organization conducts no more than four raffles per calendar year. The charitable or religious organization may conduct multiple raffles once per calendar year in conjunction with a fair, festival, carnival or other event provided that the value of all prizes for all raffles conducted by the organization for the calendar year do not exceed five thousand dollars. Charitable or religious organizations conducting raffles without a license pursuant to this subsection are subject to the following restrictions:

(1) The books, paperwork, documents, rules and other materials used to conduct the raffle or raffles or related to raffles shall be open to inspection by the commission at any time;

(2) The premises on which the raffle is conducted shall be open to inspection by the commission at any time;

(3) Only bona fide members of the charitable or religious organization who are not paid for such services may participate in the conduct, management or operation of the raffle;

(4) All revenue from the raffle, after deducting the cost of prizes and supplies, shall be devoted solely to the charitable or religious purposes for which the organization qualifies as a charitable or religious organization;

(5) The organization conducting the raffle shall maintain records for a period of two years from the date each raffle is conducted which accurately show the gross receipts from each raffle, the uses to which those receipts have been put, the value of prizes awarded, and the names of persons to whom prizes have been awarded unless such prize is valued at less than one hundred dollars;

(6) A statement from the person responsible for managing the conduct of each raffle made available to the commission attesting that he or she has not pled guilty to or been convicted of a felony and has not pled guilty to or been convicted of any offense related to gambling;

(7) No person may participate in the management, conduct or operation of the raffle that meets the criteria set forth in subdivisions (1) through (8) of subsection 1 of section 313.035;

(8) The commission may impose a fine in an amount not to exceed one thousand dollars against any organization failing to comply with the provisions of this section; and

(9) Any organization that is discovered to have conducted a raffle without a license when a license was required to have been obtained, shall pay to the commission a fine, to be determined by the commission but not to exceed three times the amount of taxes that should have been paid pursuant to subsection 4 of this section.

3. A charitable or religious organization shall only be authorized to conduct a raffle or multiple raffles with annual prizes for all such raffles conducted by the organization valued in excess of five thousand dollars if such organization applies for and receives a license from the commission. The commission shall issue the license upon clear and convincing evidence that the organization is qualified and suitable for licensure, and upon receipt of a nonrefundable application fee of fifty dollars. Such evidence shall include a copy of the document from the Internal Revenue Service which grants the applicant tax-exempt status and a federal identification number, a copy of the articles of incorporation and certificate of incorporation, if applicable, and a statement as to whether the organization has had any previous application refused, revoked or suspended and other evidence required by the commission. The application form for licensure shall contain such information and be in a form as prescribed by the commission. Licensees shall be subject to the following provisions:

(1) An amount equal to at least fifty percent of the gross receipts from any raffle conducted by a charitable or religious organization whose prize exceeds fifteen thousand dollars shall be awarded as prizes, provided that prizes that are donated to the organization for use in the conduct of the raffle shall be valued at a fair market rate as determined by the commission;

(2) All licensees are required to keep the application information required by this section current. Any changes in the information submitted in the application shall be reported to the commission within thirty days. Failure to report such changes may be cause for discipline;

(3) Proceeds from the conduct of raffles shall not be used to pay for leasing or owning the premises where the raffle is conducted. Licensees shall provide to the commission, by March first of each year, a detailed statement of revenue and expenses for each raffle conducted during the previous calendar year;

(4) All revenue from the raffle, after deducting the cost of prizes and supplies, shall be devoted solely to the charitable or religious purposes for which the organization qualifies as a charitable or religious organization;

(5) Licensees shall provide additional information as reasonably requested by the commission;

(6) In addition to the license and fees required by this section, the licensee shall notify the commission of each subsequent raffle or sweepstakes event on forms provided by the commission at least ten days prior to the commencement of such event. The forms shall be accompanied by an event fee set by the commission not to exceed twenty-five dollars;

(7) Licensees shall acquire all supplies used for the conduct of the raffle from a supplier licensed by the commission;

(8) A holder of any license shall be subject to imposition of penalties, exclusion from the management, conduct or operation of charity games, suspension or revocation of any license, if applicable, or other action for any act or failure to act by himself or his agents or employees, that is injurious to the public health, safety, good order and general welfare of the people of the state of Missouri, or that would discredit or tend to discredit charitable gaming operations in the state of Missouri unless the person proves by clear and convincing evidence that he or she in not guilty of such action. The commission shall take appropriate action against any licensee or person who violates the law or the rules and regulations of the commission. Without limiting other provisions of this section, the following acts or omissions may be grounds for such discipline:

(a) Failing to comply with or make provision for compliance with the provisions of this section, the rules and regulations of the commission or any federal, state or local law or regulation;

(b) Failing to comply with any rule, order or ruling of the commission or its agents pertaining to charitable raffles or sweepstakes;

(c) Receiving or purchasing goods or services from a person or business entity who does not hold a supplier's license issued pursuant to this section;

(d) Association with, either socially or in business affairs, or employing persons of notorious or unsavory reputation or who have extensive police records, or who have failed to cooperate with any officially constituted investigatory or administrative body and would adversely affect public confidence and trust in gaming;

(e) Employing in any charity gaming operation any person known to have been found guilty of cheating or using any improper device in connection with any charity game;

(f) Use of fraud, deception, misrepresen-tation or bribery in securing any permit or license issued pursuant to the provisions of this section;

(g) Obtaining or attempting to obtain any fee, charge, or other compensation by fraud, deception, or misrepresentation;

(h) Incompetence, misconduct, gross-negli-gence, fraud, misrepresentation or dishonesty in the performance of the functions or duties regulated by the provisions of this section.

4. A tax is hereby imposed on all organi-zations required to be licensed by subsection 3 of this section in the amount of two percent of the value of all prizes awarded in conjunction with all raffles, to be paid in a manner prescribed by the commission.

5. Charitable or religious organizations are hereby authorized to conduct sweepstakes without obtaining a license from the commission when such sweepstakes are held in accordance with this subsection, other applicable laws, and rules of the commission. Charitable or religious organizations conducting sweepstakes pursuant to this subsection are subject to the following restrictions:

(1) The books, paperwork, documents, rules and other materials used to conduct the sweepstakes or related to the sweepstakes shall be open to inspection by the commission at any time;

(2) The premises on which the sweepstakes are conducted shall be open to inspection by the commission at any time;

(3) Only bona fide members of the charitable or religious organization who are not paid for such services may participate in the conduct, management or operation of the sweepstakes;

(4) Sweepstakes participants may not be required to give any thing of value in order to participate and win. Charitable or religious organizations conducting sweepstakes shall inform participants, in a prominent manner, that nothing of value is required to participate and win; and

(5) The person responsible for managing the conduct of each sweepstakes shall provide to the commission a statement attesting that he or she has not pled guilty to or been convicted of a felony and has not pled guilty to or been convicted of any offense related to gambling.

6. Any person who, with intent to defraud another person, makes, alters, forges, or counterfeits any raffle ticket, sweepstakes claim or other device used in conjunction with a raffle or sweepstakes that could affect the outcome of the raffle or sweepstakes, or who has in possession any forged, spurious, or altered raffle ticket or sweepstakes claim with the intent of, or with the result of, depriving another person of valuable consideration, is guilty of a class D felony.

7. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority delegated in this section shall become effective only if it has been promulgated pursuant to the provisions of chapter 536, RSMo. Nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to the effective date of this section if it fully complied with the provisions of chapter 536, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after the effective date of this section shall be invalid and void.

8. Any person who violates any provisions of subsection 3 of this section shall be guilty of a class A misdemeanor.

Section B. Because of the immediate need to implement safeguards in the establishment and operation of raffles and sweepstakes as authorized by constitutional amendment, section 313.918 of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section 313.918 of this act shall be in full force and effect upon its passage and approval."; and

Further amend the title and enacting clause accordingly.

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

President Wilson assumed the Chair.

President Pro Tem Quick assumed the Chair.

Senator Carter offered SA 7, which was read:

SENATE AMENDMENT NO. 7

Amend Senate Substitute for Senate Bill No. 902, Page 43, Section 313.842, Line 14, by striking the words "or the gaming commission".

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

Senator Klarich offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Substitute for Senate Bill No. 902, Section 313.805, Page 7, Line 14, by inserting thereafter:

"(14) To require excursion gambling boat licensees to develop a system, approved by the commission, that allows patrons the option to prohibit the excursion gambling boat licensee from using identifying information for marketing purposes. The provisions of this subdivision shall apply only to patrons giving identifying information for the first time or in instances where the excursion gambling boat licensee is reissuing a card, requesting additional information about the patron, or issuing another form of identification containing identifying information about the patron. Such systems shall be submitted to the commission by October 1, 2000 and approved by the commission by January 1, 2001. The excursion gambling boat licensee shall use identifying information obtained from patrons who have elected to have marketing blocked under the provisions of this section only for the purposes of enforcing the requirements contained in Sections 313.800 to 313.850, RSMo. This section shall not prohibit the commission from accessing identifying information for the purpose of enforcing Section 313.004 and Sections 313.800 to 313.850, RSMo"; and renumber the subsequent subdivisions accordingly.

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

Senator Ehlmann offered SA 9:

SENATE AMENDMENT NO. 9

Amend Senate Substitute for Senate Bill No. 902, Page 43, Section 313.842, Line 16 of said page, by inserting immediately after said line the following:

"313.843. Any excursion gambling boat, as defined in section 313.800, may offer child care services for its employees if licensed by the department of health pursuant to sections 210.201 through 210.259, RSMo. No child care services may be offered for children of excursion gambling boat patrons."; and

Further amend the title and enacting clause accordingly.

Senator Ehlmann moved that the above amendment be adopted.

Senator Johnson assumed the Chair.

Senator Stoll assumed the Chair.

Senator Ehlmann offered SA 1 to SA 9, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 9

Amend Senate Amendment No. 9 to Senate Substitute for Senate Bill No. 902, Page 1, Section 313.843, Line 8, after the word "patrons" by adding the following: "Unless said child care:

1) is licensed;

2) is separated as to sight and sound from the gaming activity;

3) closes no later than 11 p.m.".

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

SA 9, as amended, was again taken up.

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

Senator Ehlmann offered SA 10, which was read:

SENATE AMENDMENT NO. 10

Amend Senate Substitute for Senate Bill No. 902, Page 20, Section 313.815, Line 16 of said page, by striking the following: "the later of the time period approved by the commission or"; and further amend line 17 of said page, by striking the word "four" and inserting in lieu thereof the following: "three".

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

Senator Mathewson moved that SS for SB 902, as amended, be adopted, which motion prevailed.

On motion of Senator Mathewson, SS for SB 902, as amended, was declared perfected and ordered printed.

THIRD READING OF SENATE BILLS

SB 610, introduced by Senators Staples and DePasco, entitled:

An Act to repeal section 302.020, RSMo Supp. 1999, relating to motor vehicles, and to enact in lieu thereof one new section relating to the same subject.

Was taken up by Senator Staples.

On motion of Senator Staples, SB 610 was read the 3rd time and passed by the following vote:

YEAS--Senators
Caskey Clay DePasco Ehlmann
Flotron Graves House Howard
Johnson Kenney Kinder Klarich
Mathewson Maxwell Quick Rohrbach
Russell Staples Steelman Stoll
Yeckel--21
NAYS--Senators
Bentley Bland Carter Goode
Jacob Mueller Scott Sims
Singleton Westfall Wiggins--11
Absent--Senators
Childers Schneider--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SS for SCS for SBs 678 and 742 was placed on the Informal Calendar.

SS No. 2 for SJR 53, introduced by Senator Quick, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE JOINT RESOLUTION NO. 53

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing sections 2 and 9 of article III of the Constitution of Missouri relating to changing the number of members of the house of representatives, and adopting two new sections in lieu thereof relating to the same subject.

Was taken up.

At the request of Senator Quick, SS No. 2 for SJR 53 was placed on the Informal Calendar.

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 11, 2000

TO THE SENATE OF THE 90th 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:

Ann L. Dickinson, West Polk Street, Route 4, Chillicothe, Livingston County, Missouri 64601, as a member of the Missouri Higher Education Loan Authority, for a term ending October 22, 2001, and until her successor is duly appointed and qualified; vice, Jerry Howard Green, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 11, 2000

TO THE SENATE OF THE 90th 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:

Cheri J. Leigh, P.E., 8308 Mercier, Kansas City, Jackson County, Missouri 64114, as a member of the Missouri Board for Architects, Professional Engineers, and Land Surveyors, for a term ending September 28, 2003, and until her successor is duly appointed and qualified; vice, Robert G. Wade, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 11, 2000

TO THE SENATE OF THE 90th 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:

Miguel P. Madrigal, Jr., Republican, 503 South Huttig, Independence, Jackson County, Missouri 64053, as a member of the Missouri Commission on Human Rights, for a term ending April 1, 2005, and until his successor is duly appointed and qualified; vice, Susan Powell, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

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

REFERRALS

President Pro Tem Quick referred SCR 38 to the Committee on Rules, Joint Rules and Resolutions.

REPORTS OF STANDING COMMITTEES

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 HB 1591, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

INTRODUCTIONS OF GUESTS

Senator DePasco introduced to the Senate, Sarah Rathke and Mike and Sue LaVota, Independence; and Sarah was made an honorary page.

Senator Ehlmann introduced to the Senate, the Physician of the Day, his brother-in-law, David Poggemeier, M.D. and his father-in-law, William D. Poggemeier, St. Charles.

Senator Mathewson introduced to the Senate, Angela Wingerter and Isaac Allen, Sedalia; and Isaiah David Dorsch, Napoleon; and Angela, Isaac and Isaiah were made honorary pages.

Senator Caskey introduced to the Senate, Jeremy Cover, Clinton.

Senator Maxwell introduced to the Senate, constituents from the northeast part of the Eighteenth Senatorial District.

Senator Bland introduced to the Senate, her granddaughter, Ashleigh Manlove, Kansas City; and Ashleigh was made an honorary page.

On behalf of Senator Russell and himself, Senator Maxwell introduced to the Senate, his mother-in-law, Jo Turchie, Camdenton.

Senator Kenney introduced to the Senate, Douglas, Kathryn, Jessica, Scott and Beverly Shane, Overland Park, Kansas; Scoop Stanisic, Blue Springs; and Jan Martinette, Grandview; and Douglas, Kathryn and Jessica were made honorary pages.

Senator Schneider introduced to the Senate, Betty Scheller and one hundred students from Walker Elementary School, Florissant; and Angie Sanderson, Sean Kelly, Ashley Wall and Ronni Wiseman were made honorary pages.

Senator Graves introduced to the Senate, eight fourth grade students from Spickard R-II School, Spickard.

Senator Maxwell introduced to the Senate, students from Atlanta Public Schools, Atlanta.

Senator Kinder introduced to the Senate, Kevin and Gina Schwab and Roger and Libby Williams, Fredericktown.

Senator Caskey introduced to the Senate, Clinton Satyavelu, Higginsville; and Jason Rathke, Knob Noster.

On behalf of Senator Schneider, the President introduced to the Senate, forty fifth and sixth grade students from St. Dismas School, Florissant; and Drew Gaydos, Nathan Vortmeier, Kerry Anderson and Emily Jordan were made honorary pages.

Senator Caskey introduced to the Senate, Sara Grimsley, Adrian R-III High School, Adrian; Kyle Lewis, Miami R-I High School, Amoret; Brett Griffith, Ballard R-II High School, Butler; Heather Goldammer, Butler R-V High School, Butler; Heather Pruitt, Hume R-VIII High School, Hume; and Amelia Schapeler, Rich Hill R-IV High School, Rich Hill.

Senator Westfall introduced to the Senate, Loraine Richardson, Nevada.

Senator Stoll introduced to the Senate, Russell and Rita Benz, Festus.

Senator Bentley introduced to the Senate, Amanda Callaway, Ginny Barnhart, Mark Ruzicka, Damon Ferlazzo, Jeff Smith, Virginia Rabe, Ember Stevens and Reverend and Mrs. Tranabarger, Springfield; and Amanda, Ginny, Mark, Damon, Jeff, Virginia and Ember were made honorary pages.

Senator Russell introduced to the Senate, Marcia Mackie, Carol Ann Zarchry and members of the Sophomore Pilgrimage; and Lisa Owen, Jessica Lightbody and Ashley Carpenter were made honorary pages.



Senator Westfall introduced to the Senate, Alana Copeland, Nevada; Abbey Riley, Bronaugh; Cassie Jadlot, Sheldon; and Brad Newman and Loraine Richardson, Vernon County.

Senator Rohrbach introduced to the Senate, Caitlin and Dr. DeSpain, Columbia; and Caitlin was made an honorary page.

Senator Kenney introduced to the Senate, Lynda Elton and fourth grade students from Cordill-Mason Elementary School, Blue Springs; and David Cornelius, BreAnna Kratzer, Jonathan Platz, Rachel Sbisa and George Schmitz were made honorary pages.

Senator Bland introduced to the Senate, Linwood F. Tanheed, Kansas City.

Senator Howard introduced to the Senate, Phillip Dale, Doniphan; Robert Johnson, Malden; and Bobby Dicken, Poplar Bluff.

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