Journal of the Senate

SECOND REGULAR SESSION


THIRTY-SEVENTH DAY--WEDNESDAY, MARCH 11, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Dear Lord, we can all identify with Mark Twain when he said, "It isn't those things about the Bible that I don't understand that bother me but those things that I do understand." There are times when we don't know what is the right thing to do, the right thing to say or the right choice to make. We pray that our leaders will have the courage to say and do those things they know to be right. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal of the previous day was read and approved.

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

Present--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--34
Absent with leave--Senators--None


RESOLUTIONS

Senator Graves offered Senate Resolution No. 1352, regarding the One Hundred Fiftieth Anniversary of the First Baptist Church of Princeton, which was adopted.

THIRD READING OF SENATE BILLS

SB 839, introduced by Senators Howard and Clay, entitled:

An Act to amend chapter 288, RSMo, by adding thereto one new section relating to notification of unemployment benefit eligibility by certain employers.

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

On motion of Senator Howard, SB 839 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

SB 786, introduced by Senator Clay, entitled:

An Act to repeal sections 213.010, 213.020, 213.040, 213.045, 213.050, 213.055, 213.065, 213.070, 213.101 and 213.111, RSMo 1994, and section 213.030, RSMo Supp. 1997, relating to human rights, and to enact in lieu thereof eleven new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Clay, SB 786 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Schneider Scott Sims Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Russell Singleton--2
Absent with leave--Senator Jacob--1

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

SB 854, introduced by Senator Clay, entitled:

An Act to repeal sections 333.041, 333.042 and 333.051, RSMo 1994, relating to funeral directing, and to enact in lieu thereof three new sections relating to the same subject.

Was called from the Consent Calendar and taken up.

On motion of Senator Clay, SB 854 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Quick Russell Schneider Sims
Singleton Staples Westfall Wiggins
Yeckel--29
NAYS--Senator Rohrbach--1
Absent--Senators
Banks Mueller Scott--3
Absent with leave--Senator Jacob--1

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

SS No. 2 for SCS for SB 632, introduced by Senator Quick, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 632

An Act to amend chapter 208, RSMo, by adding thereto two new sections relating to providing health care for certain uninsured children, with an expiration date for certain sections.

Was taken up.

On motion of Senator Quick, SS No. 2 for SCS for SB 632 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Goode
House Howard Johnson Kenney
Klarich Lybyer Mathewson Maxwell
McKenna Quick Schneider Scott
Sims Wiggins--22
NAYS--Senators
Ehlmann Flotron Graves Kinder
Mueller Rohrbach Russell Singleton
Westfall Yeckel--10
Absent--Senator Staples--1
Absent with leave--Senator Jacob--1

The President Pro Tem declared the bill passed.

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

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

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

SS for SB 724, introduced by Senator Bentley, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 724

An Act to repeal section 143.183, RSMo 1994, relating to state income tax revenues from certain nonresidents, and to enact in lieu thereof one new section for the sole purpose of providing for state income tax revenues from nonresident entertainers and athletes.

Was taken up.

On motion of Senator Bentley, SS for SB 724 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
Curls Flotron Goode House
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Russell Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--26
NAYS--Senators
Ehlmann Graves Rohrbach--3
Absent--Senators
Banks DePasco Quick Schneider--4
Absent with leave--Senator Jacob--1

The President Pro Tem declared the bill passed.

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

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

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

BILL REFERRALS

President Pro Tem McKenna referred SB 641 to the Committee on State Budget Control.

THIRD READING OF SENATE BILLS

SS for SCS for SB 596, introduced by Senator Johnson, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 596

An Act to repeal sections 578.005 and 578.009, RSMo 1994, relating to the treatment of animals, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

Was taken up.

On motion of Senator Johnson, SS for SCS for SB 596 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Rohrbach Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Banks Quick--2
Absent with leave--Senator Jacob--1

The President Pro Tem declared the bill passed.

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

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

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

SB 487, introduced by Senators Goode and Johnson, entitled:

An Act to repeal sections 304.155, 304.156, 304.157 and 304.158, RSMo Supp. 1997, relating to the removal of abandoned property, and to enact in lieu thereof five new sections relating to the same subject.

Was taken up by Senator Goode.

On motion of Senator Goode, SB 487 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
Curls DePasco Ehlmann Flotron
Goode House Howard Johnson
Kenney Klarich Lybyer Mathewson
Maxwell McKenna Mueller Russell
Schneider Scott Sims Singleton
Staples Wiggins Yeckel--27
NAYS--Senators
Graves Kinder Westfall--3
Absent--Senators
Banks Quick Rohrbach--3
Absent with leave--Senator Jacob--1

The President Pro Tem declared the bill passed.

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

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

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

SB 538, introduced by Senator Russell, entitled:

An Act relating to licensing of certain construction professionals.

Was taken up.

On motion of Senator Russell, SB 538 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senator Rohrbach--1
Absent--Senator Quick--1
Absent with leave--Senator Jacob--1

The President Pro Tem declared the bill passed.

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

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

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

Senator Wiggins assumed the Chair.

Senator Caskey moved that SCS for SB 659 be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

On motion of Senator Caskey, SCS for SB 659 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Clay Curls
DePasco Ehlmann Flotron Goode
House Johnson Klarich Mathewson
Maxwell McKenna Mueller Quick
Schneider Scott Sims Singleton
Westfall Wiggins Yeckel--23
NAYS--Senators
Bentley Childers Graves Howard
Kenney Kinder Lybyer Rohrbach
Russell Staples--10
Absent--Senators--None
Absent with leave--Senator Jacob--1

The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

Senator Schneider moved that SB 584, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 584, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 584

An Act to repeal sections 287.610 and 287.615, RSMo 1994, and section 286.005, RSMo Supp. 1997, relating to the department of labor and industrial relations, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up.

Senator Schneider moved that SCS for SB 584 be adopted.

Senator Schneider offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 584, Page 3, Section 287.610, Line 3, by inserting immediately after "state." the following: "The division may increase the number of administrative law judges up to the maximum number authorized by this section in the following manner: two administrative law judges shall be added in the year 1999; thereafter the department shall annually review the need to add administrative law judges and may add up to two per year up to the total amount authorized by this section subject to appropriation if there is a demonstrated need for an increase in the number of administrative law judges."; and further amend said line, by inserting immediately before "review" the following: "performance"; and further amend line 5, by inserting immediately before "review" the following: "performance"; and further amend line 8, by inserting immediately before "review" as it appears the first time on said line the following: "performance"; and

Further amend said bill, page 5, section 287.615, line 6, by striking the word "at" and inserting in lieu thereof the following: "of at least forty-one thousand dollars but not more than".

Senator Schneider moved that the above amendment be adopted.

Senator Childers offered SSA 1 for SA 1, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 584, Page 3, Section 287.610, Line 2, by deleting the word "thirty" on said line and insert in lieu thereof the word "twenty-four"; and

Further amend said section, line 3, by deleting that portion of line 3 after the period and lines 4, 5, 6, 7, 8 and that portion of line 9 to and including the period on said line.

Senator Childers moved that the above substitute amendment be adopted, which motion failed on a standing division vote.

At the request of Senator Schneider, SB 584, with SCS and SA 1 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Appropriations, to which was referred SB 918, 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 Johnson, Chairman of the Committee on Agriculture, Conservation, Parks and Tourism, submitted the following report:

Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred SB 945, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

HOUSE BILLS ON SECOND READING

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

HB927--Financial and Governmental Organization.

HCS for HBs 957 and 1063--Judiciary.

HB 1091--Local Government and Economic Development.

HS for HCS for HBs 1147, 1435, 1050, 1186 and 1108--Civil and Criminal Jurisprudence.

HCS for HBs 1273, 943 and 1217--Elections, Pensions and Veterans' Affairs.

HCS for HBs 1363 and 906--Education.

HCS for HB1469--Civil and Criminal Jurisprudence.

HCS for HBs 1519 and 1165--Elections, Pensions and Veterans' Affairs.

HCS for HBs 1525, 1269 and 1430-- Agriculture, Conservation, Parks and Tourism.

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 Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB1014, as amended: Representatives: Franklin, Green, Lakin, Legan, Cooper.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1001, entitled:

An Act to appropriate money to the Board of Fund Commissioners for the cost of issuing and processing State Water Pollution Control Bonds, Third State Building Bonds and Fourth State Building Bonds, as provided by law, to include payments from the Water Pollution Control Bond and Interest Fund, Third State Building Bond Interest and Sinking Fund, Fourth State Building Bond and Interest Fund, Water Pollution Control Fund and Fourth State Building Fund, and to transfer money among certain funds for the period beginning July 1, 1998 and ending June 30, 1999.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1002, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the State Board of Education and of the Department of Elementary and Secondary Education and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds and for the investment in registered bonds of the State Public School Fund by the State Board of Education for the period beginning July 1, 1998 and ending June 30, 1999.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1003, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Higher Education and the several divisions, programs and institutions of higher education included therein to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1998 and ending June 30, 1999.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1004, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Revenue and the Department of Transportation, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 1998 and ending June 30, 1999.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

REPORTS OF STANDING COMMITTEES

Senator Quick, 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 SS for SCS for SBs 583 and 645, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

BILL REFERRALS

President Pro Tem McKenna referred SS for SCS for SBs 583 and 645 to the Committee on State Budget Control.

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

RECESS

The time of recess having expired, the Senate was called to order by President Pro Tem McKenna.

THIRD READING OF SENATE BILLS

SB 571, with SCS, introduced by Senator Johnson, entitled:

An Act to repeal sections 109.120, 109.130, 109.241 and 575.110, RSMo 1994, relating to public records, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

Was called from the Consent Calendar and taken up.

SCS for SB 571, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 571

An Act to repeal sections 109.120, 109.130, 109.241 and 575.110, RSMo 1994, relating to public records, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Johnson moved that SCS for SB 571 be adopted, which motion prevailed.

On motion of Senator Johnson, SCS for SB 571 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
Curls Flotron Goode Graves
House Howard Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Russell Schneider
Scott Sims Staples Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Bentley DePasco Ehlmann Singleton--4
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

Senator Schneider moved that SB 584, with SCS and SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 1 was again taken up.

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

Senator Lybyer offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bill No. 584, Page 5, Section 287.615, Line 25, by inserting after said line the following:

Section 1. The salaries set in sections 286.005, 286.610 and 287.615 shall be subject to appropriations."; and

Further amend the title and enacting clause accordingly.

Senator Lybyer moved that the above amendment be adopted.

Senator Maxwell assumed the Chair.

Senator Caskey offered SSA 1 for SA 2, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bill No. 584, Page 5, Section 287.615, Line 25, by inserting after said line the following:

Section 1. The salaries set in sections 286.005, 286.610 and 287.615 shall be subject to appropriations."; and

Further amend the title and enacting clause accordingly; and

Further amend on page 5, Section 287.615, line 11, by deleting "ninety" and inserting "one hundred" in lieu thereof.

Senator Caskey moved that the above substitute amendment be adopted.

Senator Lybyer requested a division of the question, asking that a vote first be taken on the portion of the amendment dealing with Section 1 and that a second vote be taken on the portion of the amendment dealing with Section 287.615.

Senator Caskey raised the point of order that the request for a division is out of order as SSA 1 for SA 1 is offered as a substitute amendment and is therefore not divisible.

At the request of Senator Caskey, SSA 1 for SA 2 was withdrawn, rendering the point of order moot.

SA 2 was again taken up.

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

Senator Singleton offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bill No. 584, Page 4, Section 287.610.4, Line 67, by adding following said line:

"5. No administrative law judge covered by this act shall change any medical determination of disability.".

Senator Singleton moved that the above amendment be adopted.

Senator Schneider raised the point of order that SA 3 is out of order, as the amendment goes beyond the scope of the subject matter of the bill.

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

Senator Childers offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Bill No. 584, Page 3, Section 287.610, Line 8, by deleting line 8, and insert in lieu thereof the following: "may appeal the review within 30 days one time to the administrative law judge review committee provided the members have changed on the".

Senator Childers moved that the above amendment be adopted.

Senator Schneider raised the point of order that SA 4 is out of order in that it attempts to amend previously amended material.

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

Senator Childers offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for Senate Bill No. 584, Page 3, Section 287.610, Line 8, by deleting the word "appeal" on said line and insert in lieu thereof the words "appeal one time within thirty days"; and

Further amend said section, line 9, by inserting before the period on said line the words "provided the membership of such committee has changed".

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

SA 5 failed of adoption by the following vote:

YEAS--Senators
Bentley Childers Flotron Graves
Howard Kenney Kinder Mueller
Russell Sims Singleton Westfall
Yeckel--13
NAYS--Senators
Banks Caskey Ehlmann Goode
House Jacob Johnson Klarich
Lybyer Mathewson Maxwell McKenna
Quick Schneider Scott Wiggins--16
Absent--Senators
Clay Curls DePasco Rohrbach
Staples--5
Absent with leave--Senators--None

Senator Flotron offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Bill No. 584, Page 3, Section 287.610, Line 13 of said section, by inserting im-mediately after the period on said line the following:

"2. The division shall require and perform evaluations of an administrative law judge, associate administrative law judge and legal advisor's conduct, performance and productivity based upon written standards established by rule by the division. The division shall adopt the written standards on or before January 1, 1999.

(1) After an evaluation by the division, any administrative law judge, associate adminis-trative law judge or legal advisor who has received an unsatisfactory evaluation in any of the three categories of conduct, performance or productivity, may appeal the evaluation to the administrative law judge review committee.

(2) The division director may refer an unsatisfactory evaluation of any administrative law judge, associate administrative law judge or legal advisor to the administrative law judge review committee.

(3) When a written, signed complaint is made against an administrative law judge, associate administrative law judge or legal advisor, it shall be referred to the director of the division for a determination of merit. When the director finds the complaint has merit, it shall be referred to the administrative law judge review committee for investigation and review.

3."; and

Further amend by renumbering the remaining sub-sections accordingly.

Senator Flotron moved that the above amendment be adopted.

Senator Flotron offered SA 1 to SA 6:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 6

Amend Senate Amendment No. 6 to Senate Committee Substitute for Senate Bill No. 584, Page 1, Line 8, by striking "written standards" and inserting in lieu thereof the word "rule"; and

Further amend said amendment, page 2, line 3, by inserting after said line the following:

"3. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority of this chapter, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act.".

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

SA 6, as amended, was again taken up.

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

Senator Schneider moved that SCS for SB 584, as amended, be adopted, which motion prevailed.

On motion of Senator Schneider, SCS for SB 584, as amended, was declared perfected and ordered printed.

Senator McKenna moved that SB 765, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 765, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 765

An Act to repeal sections 313.530, 313.540, 313.550, 313.560, 313.580, 313.590, 313.600, 313.605, 313.610, 313.620, 313.631, 313.632, 313.640, 313.660, 313.670 and 313.710, RSMo 1994, and sections 313.500, 313.510, 313.520, 313.630, 313.652, 313.655 and 313.720, RSMo Supp. 1997, relating to horse racing and pari-mutuel wagering, and to enact in lieu thereof twenty-six new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator McKenna moved that SCS for SB 765 be adopted.

Senator McKenna offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 765, Page 5, Section 313.540, Lines 10-22, by striking all of said lines and inserting in lieu thereof the following:

"2. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority of this chapter, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act.".

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

Senator McKenna offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bill No. 765, Page 2, Section 313.500, Line 39,by inserting after all of said line the following:

"(12) "Occupational licensee", any person licensed by the commission to perform an occupation associated with racing, simulcasting or pari-mutuel wagering, which the commission has identified as requiring a license;"; and

Further amend said section by renumbering the remaining subdivisions accordingly.

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

Senator McKenna offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bill No. 765, Page 9, Section 313.561, Line 42, by inserting after all of said line the following:

"313.562. A holder of any license shall be subject to impositions of penalties, suspension or revocation of such license, 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, morals, good order and general welfare of the people of the state of Missouri, or that would discredit or tend to discredit the Missouri horse racing industry or the state of Missouri unless the licensee proves by clear and convincing evidence that it is not guilty of such action. The commission shall take appropriate action against any licensee who violates the law or the rules and regulations of the commission. Without limiting other provisions of this subsection, the following acts or omissions may be grounds for such discipline:

(1) Failing to comply with or make provisions for compliance with sections 313.500 to 313.720, the rules and regulations of the commission or any federal, state or local law or regulation;

(2) Failing to comply with an rule, order or ruling of the commission or its agents pertaining to horse racing or pari-mutuel wagering;

(3) Being suspended or ruled ineligible or having a license associated with horse racing revoked or suspended in any state or jurisdiction;

(4) Associating 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 who would adversely affect public confidence and trust in horse racing or pari-mutuel wagering;

(5)Employing in any horse racing operation or associated facility, any person known to have been found guilty of cheating or using any improper device in connection with any horse race, pari-mutuel wagering operation or other type of gaming;

(6)Use of fraud, deception, mis-representation or bribery in securing any permit or license issued pursuant to sections 313.500 to 313.720;

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

(8)Incompetence, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties regulated by sections 313.500 to 313.710."; and

Further amend said bill, page 17, section 313.640, line 20, by inserting after "licenses." the following: "A license shall not be granted unless the applicant has, through clear and convincing evidence, demonstrated his or her suitability to be licensed. The commission may reopen licensing hearings at any time."; and

Further amend the title and enacting clause accordingly.

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

Senator Kenney offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Bill No. 765, Page 11, Section 313.580, Line 48, by inserting immediately after said line the following:

"8. No public funds or powers of eminent domain shall be used for the purchase, construction, operation or maintenance of any privately-owned race meeting grounds or associated pari-mutuel facilities, nor shall tax increment financing, as provided for in sections 99.800 to 99.865, RSMo, be utilized for any redevelopment projects that include privately-owned race meeting grounds or associated pari-mutuel facilities.".

Senator Kenney moved that the above amendment be adopted.

Under the provisions of Senate Rule 90, Senator Howard was excused from voting on SCS for SB 765.

Senator Clay assumed the Chair.

Senator Kenney moved that SA 4 be adopted, which motion prevailed.

Senator Kenney offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for Senate Bill No. 765, Page 24, Section 313.720, Line 25, by inserting immediately after said line the following:

"Section 1. A licensee may not make a contribution to any candidate, as such terms are defined in chapter 130, RSMo, from the funds of the licensee unless the licensee is the candidate. A license shall not be granted to any applicant who has personally made a political contribution within one year of the filing of the application to any candidate for the general assembly or any statewide office."; and

Further amend the title and enacting clause accordingly.

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

Senator Caskey offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for Senate Bill No. 765, Page 12, Section 313.585, Line 4, by deleting the period on said line and inserting the following: "; except that only one simulcasting facility shall be licensed per each 21 days of live racing.".

Senator Caskey moved that the above amendment be adopted.

At the request of Senator McKenna, SB 584, with SCS and SA 6 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which were referred SS for SB 518; and SB 780, begs leave to report that it has considered the same and recommends that the bills do pass.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1005, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Office of Administration and the Department of Transportation, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1998 and ending June 30, 1999.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1006, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Agriculture, Department of Natural Resources, Department of Conservation, and the several divisions and programs thereof and for the expenses, grants, refunds, distributions, and capital improvements projects involving the repair, replacement and maintenance of state buildings and facilities of the Department of Natural Resources and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1998 and ending June 30, 1999.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1007, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Economic Development, Department of Insurance, and the Department of Labor and Industrial Relations, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1998 and ending June 30, 1999.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1008, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Public Safety, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1998 and ending June 30, 1999.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1009, entitled:

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Corrections, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1998 and ending June 30, 1999.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Education, to which was referred SB 947, 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 Mathewson, Chairman of the Committee on Local Government and Economic Development, submitted the following report:

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 927, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 927, Page 2, Section 135.200, Line 43, by inserting immediately after the numeral "7389" the following: ", provided that each such revenue producing enterprise employs a minimum of one hundred employees at a single business facility".

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

Mr. President: Your Committee on Public Health and Welfare, to which was referred SB 790, 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.

On behalf of Senator Johnson, Chairman of the Committee on Agriculture, Conservation, Parks and Tourism, Senator Quick submitted the following reports:

Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred SB 897, 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 Agriculture, Conservation, Parks and Tourism, to which were referred SB 610 and SB 835, 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 Agriculture, Conservation, Parks and Tourism, to which was referred SB 970, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

RESOLUTIONS

Senator Kinder offered Senate Resolution No. 1353, regarding the St. Mary Cathedral Elementary School, Cape Girardeau, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Lybyer introduced to the Senate, John and Cindy Matteson, Leonard Haslag, Christine Hoecker, and students from the Gifted Program at Fatima R-III, Westphalia; and Erin Matteson and Nathan Haslag were made honorary pages.

Senator Graves introduced to the Senate, twenty-three students from Northwest Missouri State University, Maryville.

Senator Bentley introduced to the Senate, Dr. Bud Greve, Conni Ess, Sara Lampe, Gary Kellner and Bill Foster, Springfield.

Senator Flotron introduced to the Senate, the Physician of the Day, Dr. Lanny Turner, Town and Country.

Senator Singleton introduced to the Senate, Dan, Ray and Nathan Smith, Neosho.

Senator Mathewson introduced to the Senate, students from Oak Grove R-VI High School, Oak Grove.

Senator Childers introduced to the Senate, Blake, Debbie and Logan Whitley, Cassville; and Logan was made an honorary page.

Senator Wiggins introduced to the Senate, Bev Hatley, Barbara Engel, Kim Curtis, Ann Whittaker, Vickie Wolgast, Ken Apschnikat, Gerry McReynolds, Steve Barnhart, Mary Lona, Maria Debo, Lopita Sharkey and Vern Goodman, members of the South Kansas City and Grandview Chambers of Commerce.

Senator Bentley introduced to the Senate, Ing Stevenson and Jody Woods, Springfield.

Senator Mueller introduced to the Senate, Nathan Arunski and Rizwan Aly, St. Louis.

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