Journal of the Senate

SECOND REGULAR SESSION


SIXTY-SEVENTH DAY--FRIDAY, MAY 8, 1998


The Senate met pursuant to adjournment.

Senator Johnson in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, Harry Truman often spoke of his wife and daughter in loving terms. On his birthday, just before Mother's Day, we give thanks for this great Missourian and for all who recognize the importance of mothers, wives and daughters. Help us to be the kind of people of which our moms, wives and daughters would be proud. In Jesus Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal of the previous day was read and approved.

The following Senators were present during the day's proceedings:
Present--Senators
Banks Bentley Caskey Childers
Clay 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--33
Absent with leave--Senator Curls--1
The Lieutenant Governor was present.



RESOLUTIONS

Senator Mueller offered Senate Resolution No. 1875, regarding Carole Stiebel, Des Peres, which was adopted.

MESSAGES FROM THE HOUSE

The following message was received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HCS for SB 778: Representatives: Hoppe, Foley, Rizzo, Griesheimer, Edwards-Pavia.

CONFERENCE COMMITTEE REPORTS

Senator Mathewson assumed the Chair.

Senator Staples, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 883, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 883

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Bill No. 883, with House Amendment No. 1, House Amendment No. 1 to House Amendment No. 2, House Amendment No. 2, as amended, House Amendment No. 1 to House Amendment No. 3, House Amendment No. 2 to House Amendment No. 3, House Amendment No. 3, as amended, House Amendment No. 5, House Substitute Amendment No. 1 for House Amendment No. 6, House Amendment No. 7, House Amendment No. 8 and House Amendment No. 9; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Committee Substitute for Senate Bill No. 883, as amended;

2. That the Senate recede from its position on Senate Bill No. 883; and

3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Bill No. 883 be truly agreed to and finally passed.
FOR THE SENATE: FOR THE HOUSE:
/s/ Danny Staples /s/ Don Koller
/s/ Bill McKenna /s/ Larry Thomason
/s/ Ronnie DePasco /s/ Brian May
/s/ Steve Ehlmann /s/ Judy Berkstresser
/s/ Betty Sims /s/ Charles Pryor



Senator Staples moved that the above conference committee report be adopted, which motion failed to receive a constitutional majority by the following vote:
YEAS--Senators
Banks Childers DePasco Ehlmann
Flotron Goode House Howard
Jacob Johnson Lybyer Mathewson
Quick Russell Schneider Staples
Wiggins--17
NAYS--Senators
Bentley Caskey Graves Kenney
Kinder Klarich Mueller Rohrbach
Scott Sims Singleton Westfall
Yeckel--13
Absent--Senators
Clay Maxwell McKenna--3
Absent with leave--Senator Curls--1

Senator Jacob, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 778, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT NO. 2

ON HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 778

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Committee Substitute for Senate Bill No. 778, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Committee Substitute for Senate Bill No. 778;

2. That the Senate recede from its position on Senate Bill No. 778;

3. That the attached Conference Committee Substitute No. 2 for House Committee Substitute for Senate Bill No. 778 be truly agreed to and finally passed.
FOR THE SENATE: FOR THE HOUSE:
/s/ Ken Jacob /s/ Thomas J. Hoppe
/s/ William Clay /s/ James Foley
/s/ Harold L. Caskey /s/ Henry C. Rizzo
/s/ Doyle Childers /s/ John E. Griesheimer
/s/ Walt Mueller Marilyn Edwards-Pavia



Senator Jacob moved that the above conference committee report no. 2 be adopted, which motion prevailed by the following vote:

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

President Wilson assumed the Chair.

Senator Mathewson assumed the Chair.

On motion of Senator Jacob, CCS No. 2 for HCS for SB 778, entitled:

CONFERENCE COMMITTEE SUBSTITUTE NO. 2 FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 778

An Act to repeal sections 140.250, 140.730, 141.530 and 141.550, RSMo 1994, and sections 140.405 and 301.025, RSMo Supp. 1997, relating to the procedure for collection of certain taxes, and to enact in lieu thereof six new sections relating to the same subject.

Was read the 3rd time and passed by the following vote:
YEAS--Senators
Banks Bentley Caskey Childers
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Clay McKenna--2
Absent with leave--Senator Curls--1

The President declared the bill passed.

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

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

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

Senator House, on behalf of the conference committee appointed to act with a like committee from the House on HB 1410, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL NO. 1410

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Bill No. 1410, as amended, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the Senate recede from its position on Senate Committee Amendment No. 1;

2. That Conference Committee Amendment No. 1 be adopted; and

3. That House Bill No. 1410 with Conference Committee Amendment No. 1 be truly agreed to and finally passed.
FOR THE SENATE: FOR THE HOUSE:
/s/ Ted House /s/ Bill Luetkenhaus
/s/ Betty Sims /s/ Carson Ross
/s/ Sidney Johnson /s/ Don R. Kissell
/s/ Bill Kenney /s/ Chuck Graham
/s/ Danny Staples /s/ T. Mark Elliott



CONFERENCE COMMITTEE AMENDMENT NO. 1

Amend House Bill No. 1410, Page 1, In the Title, Line 2, by deleting the following: "section 301.142," and inserting in lieu thereof the following: "sections 301.142 and 301.143,"; and

Further amend said bill, Page 1, In the Title, Line 3, by deleting the words "one new section" and inserting in lieu thereof the words "two new sections"; and

Further amend said bill, Page 1, Section A, Lines 1 and 2, by deleting all of said lines and inserting in lieu thereof the following:

"Section A. Sections 301.142 and 301.143, RSMo Supp. 1997, are repealed and two new sections enacted in lieu thereof, to be known as sections 301.142 and 301.143, to read as follows:"; and

Further amend said bill, Page 5, Section 301.142, Line 131, by inserting immediately after all of said line the following:

"301.143. 1. As used in this section, the term "vehicle" shall have the same meaning given it in section 301.010, and the term "physically disabled" shall have the same meaning given it in section 301.142.

2. Political subdivisions of the state may by ordinance or resolution designate parking spaces for the exclusive use of vehicles which display a distinguishing license plate or card issued pursuant to section 301.071 or 301.142. Owners of private property used for public parking shall also designate parking spaces for the exclusive use of vehicles which display a distinguishing license plate or card issued pursuant to section 301.071 or 301.142. Whenever a political subdivision or owner of private property so designates a parking space, the space shall be indicated by a sign upon which shall be inscribed the international symbol of accessibility and shall also include any appropriate wording to indicate that the space is reserved for the exclusive use of vehicles which display a distinguishing license plate or card. The sign described in this subsection shall also state, or an additional sign shall be posted below or adjacent to the sign stating, the following: "$50 to $300 fine.".

3. Any political subdivision, by ordinance or resolution, and any person or corporation in lawful possession of a public offstreet parking facility or any other owner of private property may designate reserved parking spaces for the exclusive use of vehicles which display a distinguishing license plate or card issued pursuant to section 301.071 or 301.142 as close as possible to the nearest accessible entrance. Such designation shall be made by posting immediately adjacent to, and visible from, each space, a sign upon which is inscribed the international symbol of accessibility, and may also include any appropriate wording to indicate that the space is reserved for the exclusive use of vehicles which display a distinguishing license plate or card.

4. The local police or sheriff's department may cause the removal of any vehicle not displaying a distinguishing license plate or card on which is inscribed the international symbol of accessibility and the word "disabled" issued pursuant to section 301.142 or a "disabled veteran" license plate issued pursuant to section 301.071 or a distinguishing license plate or card issued by any other state from a space designated for physically disabled persons if there is posted immediately adjacent to, and readily visible from, such space a sign on which is inscribed the international symbol of accessibility and may include any appropriate wording to indicate that the space is reserved for the exclusive use of vehicles which display a distinguishing license plate or card. Any person who parks in a space reserved for physically disabled persons and is not displaying distinguishing license plates or a card is guilty of an infraction and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than three hundred dollars. Any vehicle which has been removed and which is not properly claimed within thirty days thereafter shall be considered to be an abandoned vehicle.

5. Spaces designated for use by vehicles displaying the distinguishing "disabled" license plate issued pursuant to section 301.142 or 301.071 shall meet the requirements of the federal Americans with Disabilities Act, as amended, and any rules or regulations established pursuant thereto. Notwithstanding the other provisions of this section, on-street parking spaces designated by political subdivisions in residential areas for the exclusive use of vehicles displaying a distinguishing license plate or card issued pursuant to section 301.071 or 301.142 shall meet the requirements of the federal Americans with Disabilities Act pursuant to this subsection and any such space shall have clearly and visibly painted upon it the international symbol of accessibility and any curb adjacent to the space shall be clearly and visibly painted blue.

6. Any person who, without authorization, uses a distinguishing license plate or card issued pursuant to section 301.071 or 301.142 to park in a parking space reserved under authority of this section shall be guilty of an infraction and shall be subject to a fine of not less than fifty dollars nor more than three hundred dollars.

7. Law enforcement officials may enter upon private property open to public use to enforce the provisions of this section and section 301.142, including private property designated by the owner of such property for the exclusive use of vehicles which display a distinguishing license plate or card issued pursuant to section 301.071 or 301.142.

8. Nonconforming signs or spaces otherwise required pursuant to this section which are in use prior to August 28, 1997, shall not be in violation of this section during the useful life of such signs or spaces. Under no circumstances shall the useful life of the nonconforming signs or spaces be extended by means other than those means used to maintain any sign or space on the owner's property which is not used for vehicles displaying a disabled license plate.".

Senator House moved that the above conference committee report be adopted, which motion prevailed by the following vote:
YEAS--Senators
Banks Bentley Caskey Childers
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell Mueller
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Clay McKenna Quick--3
Absent with leave--Senator Curls--1

On motion of Senator House, HB 1410, as amended by the conference committee report, was read the 3rd time and passed by the following vote:
YEAS--Senators
Banks Bentley Caskey Childers
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell Mueller
Schneider Scott Sims Singleton
Staples Westfall Wiggins Yeckel--28
NAYS--Senator Rohrbach--1
Absent--Senators
Clay McKenna Quick Russell--4
Absent with leave--Senator Curls--1

The President declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

Senator Sims moved that SCS for SB 722, with HS for HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HS for HCS for SCS for SB 722, as amended, entitled:

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 722

An Act relating to the use of genetic information and testing and domestic violence status for insurance purposes, with penalty provisions.

Was taken up.

President Wilson assumed the Chair.

Senator Sims moved that HS for HCS for SCS for SB 722, as amended, be adopted, which motion prevailed by the following vote:
YEAS--Senators
Banks Caskey Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Schneider Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Bentley Scott--2
Absent with leave--Senator Curls--1

Senator Mathewson assumed the Chair.

On motion of Senator Sims, HS for HCS for SCS for SB 722, as amended, was read the 3rd time and passed by the following vote:
YEAS--Senators
Banks Bentley Caskey Childers
Clay 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--33
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senator Curls--1

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Goode moved that the Senate refuse to concur in HS for HCS for SB 487, as amended, and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

HOUSE BILLS ON THIRD READING

HB 893, with SCS, introduced by Representative Backer, entitled:

An Act to repeal section 130.057, RSMo Supp. 1997, relating to reports filed with the ethics commission, and to enact in lieu thereof one new section for the purpose of requiring electronic filing, with an emergency clause.

Was taken up by Senator Maxwell.

SCS for HB 893, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 893

An Act to repeal sections 105.473, 130.057, RSMo Supp. 1997, and to enact in lieu thereof three new sections relating to certain campaign and lobbying reports, with an emergency clause.

Was taken up.

Senator Maxwell moved that SCS for HB 893 be adopted.

Senator Maxwell offered SS for SCS for HB 893, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 893

An Act to repeal sections 105.473, 130.021, 130.046, 130.047, 130.050 and 130.057, RSMo Supp. 1997, and to enact in lieu thereof eight new sections relating to certain campaign and lobbying reports, with an emergency clause.

Senator Maxwell moved that SS for SCS for HB 893 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. 893, Page 8, Section 105.964, Line 7, by inserting after said section the following:

"105.966. 1. Except as provided in subsection 2 of this section, the ethics commission shall complete and make determinations on all complaint investigations within three months of initiation, except those complaint investigations assigned to a retired judge.

2. The commission or the person or committee who is being investigated may be granted an additional three months for investigation upon proving by a preponderance of the evidence that additional time is needed.

3. The hearing shall be held in camera before the Cole County circuit court and all records of the proceedings shall be closed.

4. The provisions of this section shall apply to all ongoing complaint investigations on the effective date of this section.

5. Any complaint investigation not completed and decided upon within the time allowed by this section shall be deemed to not have been a violation."; and

Further amend the title and enacting clause accordingly.

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

Senator Staples assumed the Chair.

Senator Flotron offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 7, Section 105.964, Line 14, by adding "or Federal" at the beginning of said line.

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

Senator Schneider offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 1, Section A, Line 5 of said page, by inserting immediately after all of said line the following:

"105.470. As used in section 105.473, unless the context requires otherwise, the following words and terms mean:

(1) "Executive lobbyist", any natural person who acts for the purpose of attempting to influence any action by the executive branch of government or by any elected or appointed official, employee, department, division, agency or board or commission thereof and in connection with such activity, meets the requirements of any one or more of the following:

(a) Is acting in the ordinary course of employment on behalf of or for the benefit of such person's employer; or

(b) Is engaged for pay or for any valuable consideration for the purpose of performing such activity; or

(c) Is designated to act as a lobbyist by any person, business entity, governmental entity, religious organization, nonprofit corporation, association or other entity; or

(d) Makes total expenditures of fifty dollars or more during the twelve-month period beginning January first and ending December thirty-first for the benefit of one or more public officials or one or more employees of the executive branch of state government in connection with such activity. An "executive lobbyist" shall not include a member of the general assembly, an elected state official, or any other person solely due to such person's participation in any of the following activities:

a. Appearing or inquiring in regard to a complaint, citation, summons, adversary proceeding, or contested case before a state board, commission, department, division or agency of the executive branch of government or any elected or appointed officer or employee thereof;

b. Preparing, filing or inquiring, or responding to any audit, regarding any tax return, any public document, permit or contract, any application for any permit or license or certificate, or any document required or requested to be filed with the state or a political subdivision;

c. Selling of goods or services to be paid for by public funds, provided that such person is attempting to influence only the person authorized to authorize or enter into a contract to purchase the goods or services being offered for sale;

d. Participating in public hearings or public proceedings on rules, grants, or other matters;

e. Responding to any request for information made by any public official or employee of the executive branch of government;

f. Preparing or publication of an editorial, a newsletter, newspaper, magazine, radio or television broadcast, or similar news medium, whether print or electronic;

g. Acting within the scope of employment by the general assembly, or acting within the scope of employment by the executive branch of government when acting with respect to the department, division, board, commission, agency or elected state officer by which such person is employed, or with respect to any duty or authority imposed by law to perform any action in conjunction with any other public official or state employee; or

h. Testifying as a witness before a state board, commission or agency of the executive branch;

(2) "Expenditure", any payment made or charge, expense, cost, debt or bill incurred; any gift, honorarium or item of value bestowed including any food or beverage; any price, charge or fee which is waived, forgiven, reduced or indefinitely delayed; any loan or debt which is canceled, reduced or otherwise forgiven; the transfer of any item with a reasonably discernible cost or fair market value from one person to another or provision of any service or granting of any opportunity for which a charge is customarily made, without charge or for a reduced charge; except that the term "expenditure" shall not include the following:

(a) Any item, service or thing of value transferred to any person within the third degree of consanguinity of the transferor which is unrelated to any activity of the transferor as a lobbyist;

(b) Informational material such as books, reports, pamphlets, calendars or periodicals informing a public official regarding such person's official duties, or souvenirs or mementos valued at less than ten dollars;

(c) Contributions to the public official's campaign committee or candidate committee which are reported pursuant to the provisions of chapter 130, RSMo;

(d) Any loan made or other credit accommodations granted or other payments made by any person or entity which extends credit or makes loan accommodations or such payments in the regular ordinary scope and course of business, provided that such are extended, made or granted in the ordinary course of such person's or entity's business to persons who are not public officials;

(e) Any item, service or thing of de minimis value offered to the general public, whether or not the recipient is a public official or a staff member, employee, spouse or dependent child of a public official, and only if the grant of the item, service or thing of de minimis value is not motivated in any way by the recipient's status as a public official or staff member, employee, spouse or dependent child of a public official;

(f) The transfer of any item, provision of any service or granting of any opportunity with a reasonably discernible cost or fair market value when such item, service or opportunity is necessary for a public official or employee to perform his or her [duty in his or her official capacity, including but not limited to entrance fees to any sporting event, museum, or other venue when the official or employee is participating in a ceremony, public presentation or official meeting therein] official duties;

(g) Any payment, gift, compensation, fee, expenditure or anything of value which is bestowed upon or given to any public official or a staff member, employee, spouse or dependent child of a public official when it is compensation for employment or given as an employment benefit and when such employment is in addition to their employment as a public official;

(3) "Judicial lobbyist", any natural person who acts for the purpose of attempting to influence any purchasing decision by the judicial branch of government or by any elected or appointed official or any employee thereof and in connection with such activity, meets the requirements of any one or more of the following:

(a) Is acting in the ordinary course of employment which primary purpose is to influence the judiciary in its purchasing decisions on a regular basis on behalf of or for the benefit of such person's employer, except that this shall not apply to any person who engages in lobbying on an occasional basis only and not as a regular pattern of conduct; or

(b) Is engaged for pay or for any valuable consideration for the purpose of performing such activity; or

(c) Is designated to act as a lobbyist by any person, business entity, governmental entity, religious organization, nonprofit corporation or association; or

(d) Makes total expenditures of fifty dollars or more during the twelve-month period beginning January first and ending December thirty-first for the benefit of one or more public officials or one or more employees of the judicial branch of state government in connection with attempting to influence such purchasing decisions by the judiciary. A "judicial lobbyist" shall not include a member of the general assembly, an elected state official, or any other person solely due to such person's participation in any of the following activities:

a. Appearing or inquiring in regard to a complaint, citation, summons, adversary proceeding, or contested case before a state court;

b. Participating in public hearings or public proceedings on rules, grants, or other matters;

c. Responding to any request for information made by any judge or employee of the judicial branch of government;

d. Preparing, distributing or publication of an editorial, a newsletter, newspaper, magazine, radio or television broadcast, or similar news medium, whether print or electronic; or

e. Acting within the scope of employment by the general assembly, or acting within the scope of employment by the executive branch of government when acting with respect to the department, division, board, commission, agency or elected state officer by which such person is employed, or with respect to any duty or authority imposed by law to perform any action in conjunction with any other public official or state employee;

(4) "Legislative lobbyist", any natural person who acts for the purpose of attempting to influence the taking, passage, amendment, delay or defeat of any official action on any bill, resolution, amendment, nomination, appointment, report or any other action or any other matter pending or proposed in a legislative committee in either house of the general assembly, or in any matter which may be the subject of action by the general assembly and in connection with such activity, meets the requirements of any one or more of the following:

(a) Is acting in the ordinary course of employment, which primary purpose is to influence legislation on a regular basis, on behalf of or for the benefit of such person's employer, except that this shall not apply to any person who engages in lobbying on an occasional basis only and not as a regular pattern of conduct; or

(b) Is engaged for pay or for any valuable consideration for the purpose of performing such activity; or

(c) Is designated to act as a lobbyist by any person, business entity, governmental entity, religious organization, nonprofit corporation, association or other entity; or

(d) Makes total expenditures of fifty dollars or more during the twelve-month period beginning January first and ending December thirty-first for the benefit of one or more public officials or one or more employees of the legislative branch of state government in connection with such activity. A "legislative lobbyist" shall include an attorney at law engaged in activities on behalf of any person unless excluded by any of the following exceptions. A "legislative lobbyist" shall not include any member of the general assembly, an elected state official, or any other person solely due to such person's participation in any of the following activities:

a. Responding to any request for information made by any public official or employee of the legislative branch of government;

b. Preparing or publication of an editorial, a newsletter, newspaper, magazine, radio or television broadcast, or similar news medium, whether print or electronic;

c. Acting within the scope of employment of the legislative branch of government when acting with respect to the general assembly or any member thereof;

d. Testifying as a witness before the general assembly or any committee thereof;

(5) "Lobbyist", any natural person defined as an executive lobbyist, judicial lobbyist or a legislative lobbyist;

(6) "Lobbyist principal", any person, business entity, governmental entity, religious organization, nonprofit corporation or association who employs, contracts for pay or otherwise compensates a lobbyist;

(7) "Public official", any member or member-elect of the general assembly, judge or judicial officer, or any other person holding an elective office of state government or any agency head, department director or division director of state government or any member of any state board or commission and any designated decision-making public servant designated by persons described in this subdivision."; and

Further amend said bill, Page 3, Section 105.473, Line 5 of said page, by striking the word "or" as it first appears and inserting in lieu thereof the word "and"; and

Further amend said bill, Page 3, Section 105.473, Line 14 of said page, by striking the word "or" and inserting in lieu thereof the word "and"; and

Further amend said bill, Page 3, Section 105.473, Line 20 of said page, by striking the word "occasions" and inserting in lieu thereof the words "each occasion"; and

Further amend said bill, Page 5, Section 105.473, Line 6 of said page, by inserting at the end of said line the following: "Admissions to sporting, educational or informational events within the state of Missouri, if the event is controlled or sponsored by the transferor, shall be reported either by dollar value or by the identity of the sponsor and a description identifying the date and nature of the event, and in such instances, it is not necessary to assign a value for expenditures for such admissions and costs related thereto."; and

Further amend said bill, Page 15, Section 130.021, Line 21 of said page, by inserting immediately after all of said line the following:

"130.034. 1. Contributions as defined in section 130.011, received by any committee shall not be converted to any personal use.

2. Contributions may be used for any purpose allowed by law including, but not limited to:

(1) Any ordinary expenses incurred relating to a campaign;

(2) Any ordinary and necessary expenses incurred in connection with the duties of a holder of elective office;

(3) Any expenses associated with the duties of candidacy or of elective office pertaining to the entertaining of or providing social courtesies to constituents, professional associations, or other holders of elective office;

(4) The return of any contribution to the person who made the contribution to the candidate or holder of elective office;

(5) To contribute to a political organization or candidate committee as allowed by law;

(6) To establish a new committee as defined by this chapter;

(7) To make an unconditional gift which is fully vested to any charitable, fraternal or civic organizations or other associations formed to provide for some good in the order of benevolence, if such candidate, former candidate or holder of elective office or such person's immediate family gain no direct financial benefit from the unconditional gift[;

(8) Except when such candidate, former candidate or holder of elective office dies while the committee remains in existence, the committee may make an unconditional gift to a fund established for the benefit of the spouse and children of the candidate, former candidate or holder of elective office. The provisions of this subdivision shall expire October 1, 1997].

3. Upon the death of the candidate, former candidate or holder of elective office who received such contributions, all contributions shall be disposed of according to this section and any funds remaining after final settlement of the candidate's decedent's estate, or if no estate is opened, then twelve months after the candidate's death, will escheat to the state of Missouri to be deposited in the general revenue fund.

4. No contributions, as defined in section 130.011, received by a candidate, former candidate or holder of elective office shall be used to make restitution payments ordered of such individual by a court of law or for the payment of any fine resulting from conviction of a violation of any local, state or federal law.

5. Committees described in subdivision (17) of section 130.011 shall make expenditures only for the purpose of determining whether an individual will be a candidate. Such expenditures include polling information, mailings, personal appearances, telephone expenses, office and travel expenses but may not include contributions to other [candidate] candidates or committees.

6. Any moneys in the exploratory committee fund may be transferred to the candidate committee upon declaration of candidacy for the position being explored. Such funds shall be included for the purposes of reporting and limitation. In the event that candidacy is not declared for the position being explored, the remaining exploratory committee funds shall be returned to the contributors on a pro rata basis. In no event shall the amount returned exceed the amount given by each contributor nor be less than ten dollars."; and

Further amend the title and enacting clause accordingly.

Senator Schneider moved that the above amendment be adopted.

Senator Scott assumed the Chair.

Senator Caskey offered SA 1 to SA 3:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 3

Amend Senate Amendment No. 3 to Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 5, Line 10 of said amendment, by inserting an opening bracket "[" before the word and quotation mark ""Judicial"; and

Further amend said amendment, Page 7, Line 1 of said amendment, by placing a closing bracket "]" immediately after the numeral "(4)"; and further amend by renumbering the remaining subdivisions accordingly; and

Further amend said amendment, Page 8, Line 18 of said amendment by striking the following: ", judicial lobbyist"; and

Further amend said amendment, Page 9, Line 3 of said amendment, by inserting immediately after all of said line the following:

"Further amend said bill, Page 2, Section 105.473, Line 22 of said page, by striking the following: ", judicial lobbyist"; and".

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

President Pro Tem McKenna assumed the Chair.

SA 3, as amended, was again taken up.

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

Senator Flotron offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 28, Section 130.057, Line 24 of said page, by inserting immediately after the word "commission." the following: "In developing bid specifications and in evaluating bids, the commission shall consider the cost of compliance by any person submitting electronic reports pursuant to this section.".

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

Senator Kenney offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 31, Section 130.059, by inserting after said line the following:

"Section 1. No person registered as a lobbyist pursuant to chapter 105 RSMo shall make any contribution to any legislative candidate committee, party committee or caucus candidate committee or solicit any contributions for such committee during the legislative session. No candidate, caucus or political party shall solicit or accept contributions of any kind during the legislative session from any person registered as a lobbyist pursuant to chapter 105 RSMo. The foregoing shall not apply to municipal elections or candidates, nor shall it apply to special elections or ballot measures. Nothing in this section shall be interpreted as prohibiting contributions by political action committees to candidates, committees, caucus committees or party committees or solicitations of such contributions during the legislative session."; and

Further amend the title and enacting clause accordingly.

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

Senator Banks offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 31, Section 130.059, Line 9, by inserting immediately after all of said line the following:

"Section 1. Any reasonable attorneys fees accrued by a person who is the subject of a complaint which are used in defending such person in any matter resulting in an investigation arising from holding or running for public office may be paid out of such person's committee, as defined in section 130.011, RSMo."; and

Further amend the title and enacting clause accordingly.

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

Senator Banks offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 31, Section 130.059, Line 9, by inserting immediately after all of said line the following:

"Section 1. The commission shall pay all reasonable legal costs, expenses and attorneys fees of any subject of any report of an investigation which becomes subject to the provisions and subsection 2 or 3 of section 105.961, and which results in a determination other than guilty or probable cause of violation."; and

Further amend the title and enacting clause accordingly.

Senator Banks moved that the above amendment be adopted.

At the request of Senator Maxwell, HB 893, with SCS, SS for SCS and SA 7 (pending), was placed on the Informal Calendar.

REFERRALS

President Pro Tem McKenna referred HCR 26 to the Committee on Rules, Joint Rules and Resolutions.

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 HB 1918: Representatives: Lograsso, Ridgeway, Hosmer, Stokan and Stroker.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HBs 1681 and 1342 and has taken up and passed CCS for SCS for HCS for HBs 1681 and 1342.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HB 1052 and has taken up and passed CCS for SCS for HB 1052.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HB 927 and has taken up and passed CCS for SCS for HB 927.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HB 1683, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to grant the Senate a conference on HS for SS No. 2 for SCS for SB 632, as amended, and requests the Senate take up and pass HS for SS No. 2 for SCS for SB 632, as amended.

RESOLUTIONS

Senator Ehlmann offered Senate Resolution No. 1876, regarding Joseph Matthew "Joe" Shapiro, O'Fallon, which was adopted.

Senator Maxwell offered Senate Resolution No. 1877, regarding David Baden, which was adopted.

Senator DePasco offered Senate Resolution No. 1878, regarding Jared Welch, which was adopted.

Senator Kenney offered Senate Resolution No. 1879, regarding David Cody Fritts, Blue Springs, which was adopted.

Senator Kenney offered Senate Resolution No. 1880, regarding Matthew M. "Matt" Knowles, Lee's Summit, which was adopted.

On motion of Senator Quick, the Senate recessed until 2:00 p.m.

RECESS

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

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 refuses to adopt SCS for HB 1272 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SCA 1 to HB 1301 and request the Senate to recede from its position or, failing to do so, grant the House a conference, and allow the conferees to exceed the differences.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and concurred in SCA 1 to HCS for HB 1189 but refused to concur in SA 1 and requests the Senate to recede from its position thereon or failing to do so, grant the House a conference.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the conferees on SCS for HS for HCS for HB 1636 as amended be allowed to exceed the differences relative to the definitional section on page two (2) of the bill.

The Speaker has appointed the following conferees to act with a like committee from the Senate: Representatives: Hoppe, Shelton, Hickey, Pryor and Cooper.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 950 and has again taken up and passed HB 950 as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 1021 and has again taken up and passed HB 1021 as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HCS for HB 1020 and has again taken up and passed SCS for HCS for HB 1020.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HCS for HB 1620 and has again taken up and passed SCS for HCS for HB 1620.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 1862 and has again taken up and passed HB 1862 as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 987 and has again taken up and passed SCS for HB 987.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HCS for HB 1013 and has again taken up and passed SCS for HCS for HB 1013.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1066 and has again taken up and passed SCS for HB 1066.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCAs 1, 2 and 3 to HB 1791 and has again taken up and passed HB 1791 as amended.

Also,

Mr. President: I am instructed by the House of

Representatives to inform the Senate that the House has concurred in SCA 1 to HB 1080 and has again taken up and passed HB 1080 as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1055, as amended, and has again taken up and passed SCS for HB 1055 as amended.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HJR 26, 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 HCS for HB 1684, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

On motion of Senator Quick, the Senate adjourned until 6:00 p.m., Sunday, May 10, 1998.