Journal of the Senate

SECOND REGULAR SESSION

FORTY-FOURTH DAY--TUESDAY, MARCH 30, 2004

Senator Gross in the Chair.

Reverend Carl Gauck offered the following prayer:

"To thee, O Lord, I lift up my soul. O my God, in thee I trust... Make me to know thy ways, O Lord; teach me thy paths. (Psalm 25:1a, 4)

O Lord my God, we continue the work You have given us; but the calendar days fly by and we know how much is ahead of us. Teach us daily to know the path we must walk and the duties we must perform for You have called us to this sacred duty and we want to follow Your lead. 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:

RESOLUTIONS

Senator Kinder offered Senate Resolution No. 1624, regarding Phi Theta Kappa's All-Missouri Academic Team and the Missouri Community College Association, which was adopted.

Senator Shields offered Senate Resolution No. 1625, regarding Kevin Michael "Mini" McKee, Kansas City, which was adopted.

Senator Shields offered Senate Resolution No. 1626, regarding Robert Alan "Rob" McCall, Parkville, which was adopted.

Senator Shields offered Senate Resolution No. 1627, regarding Jeffrey Michael "Jeff" Parrett, Kansas City, which was adopted.

Senator Shields offered Senate Resolution No. 1628, regarding Michael G. "Mike" Philipp, Kansas City, which was adopted.

Senator Shields offered Senate Resolution No. 1629, regarding Zachary David "Zac" Hammel, Kansas City, which was adopted.

THIRD READING OF SENATE BILLS

SS for SS for SCS for SB 1122, introduced by Senator Shields, entitled:

SENATE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1122

An Act to repeal sections 332.051, 332.071, 332.081, 332.111, 332.121, and 334.100, RSMo, and to enact in lieu thereof seven new sections relating to professional licensing, with penalty provisions.

Was taken up.

On motion of Senator Shields, SS for SS for SCS for SB 1122 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

REPORTS OF STANDING COMMITTEES

Senator Cauthorn, Chairman of the Committee on Governmental Accountability and Fiscal Oversight, submitted the following reports:

Mr. President: Your Committee on Governmental Accountability and Fiscal Oversight, to which were referred SCS for SB 988; SB 1215, with SCS; SCS for SB 1212; SCS for SBs 1085 and 800; and SS for SS for SCS for SB 715, begs leave to report that it has considered the same and recommends that the bills do pass.

THIRD READING OF SENATE BILLS

SB 1329, introduced by Senator Griesheimer, entitled:

An Act to repeal sections 190.335 and 190.339, RSMo, and to enact in lieu thereof four new sections relating to emergency services.

Was called from the Consent Calendar and taken up.

Senator Griesheimer moved that SB 1329 be read the 3rd time and finally passed.

At the request of Senator Griesheimer, the above motion was withdrawn, which placed the bill back on the Consent Calendar.

SB 1331, with SCS, introduced by Senator Gibbons, entitled:

An Act to repeal section 99.918, RSMo, and to enact in lieu thereof one new section relating to downtown and rural development.

Was called from the Consent Calendar and taken up.

SCS for SB 1331, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1331

An Act to repeal section 99.918, RSMo, and to enact in lieu thereof one new section relating to downtown and rural development.

Was taken up.

Senator Shields assumed the Chair.

Senator Gibbons moved that SCS for SB 1331 be adopted, which motion prevailed.

On motion of Senator Gibbons, SCS for SB 1331 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

Senator Griesheimer moved that SB 1329 be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

On motion of Senator Griesheimer, SB 1329 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 1338, introduced by Senator Callahan, entitled:

An Act to amend chapter 321, RSMo, by adding thereto one new section relating to a fire protection district sales tax for homeland security and training purposes.

Was called from the Consent Calendar and taken up.

On motion of Senator Callahan, SB 1338 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 1344, introduced by Senator Champion, entitled:

An Act to repeal section 620.602, RSMo, and to enact in lieu thereof one new section relating to the joint committee on economic development policy and planning.

Was called from the Consent Calendar and taken up.

On motion of Senator Champion, SB 1344 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 1391, introduced by Senator Foster, entitled:

An Act to amend chapter 94, RSMo, by adding thereto one new section relating to transient guest taxes.

Was called from the Consent Calendar and taken up.

On motion of Senator Foster, SB 1391 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 961, with SCS, introduced by Senator Champion, entitled:

An Act to amend chapter 67, RSMo, by adding thereto one new section relating to amateur radio antenna regulations.

Was called from the Consent Calendar and taken up.

SCS for SB 961, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 961

An Act to amend chapter 67, RSMo, by adding thereto one new section relating to amateur radio antenna regulations.

Was taken up.

Senator Champion moved that SCS for SB 961 be adopted, which motion prevailed.

On motion of Senator Champion, SCS for SB 961 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 987, with SCS, introduced by Senator Quick, entitled:

An Act to repeal sections 247.040 and 247.165, RSMo, and to enact in lieu thereof two new sections relating to water service to annexed areas.

Was called from the Consent Calendar and taken up.

SCS for SB 987, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 987

An Act to repeal sections 247.040 and 247.165, RSMo, and to enact in lieu thereof two new sections relating to water service to annexed areas.

Was taken up.

Senator Quick moved that SCS for SB 987 be adopted, which motion prevailed.

On motion of Senator Quick, SCS for SB 987 was read the 3rd time and passed by the following vote:

The President 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 Gibbons moved that motion lay on the table, which motion prevailed.

SB 1155, with SCS, introduced by Senator Cauthorn, entitled:

An Act to repeal section 99.1000, RSMo, and to enact in lieu thereof one new section relating to the Missouri rural economic stimulus authority.

Was called from the Consent Calendar and taken up.

SCS for SB 1155, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1155

An Act to repeal sections 99.1000 and 99.1018, RSMo, and to enact in lieu thereof two new sections relating to the Missouri rural economic stimulus authority.

Was taken up.

Senator Cauthorn moved that SCS for SB 1155 be adopted, which motion prevailed.

On motion of Senator Cauthorn, SCS for SB 1155 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

SB 901, with SCS, introduced by Senator Goode, entitled:

An Act to repeal sections 319.125, 319.127, 319.139, RSMo, and section 319.137 as enacted by house committee substitute for senate substitute for senate bill no. 3, eighty-eighth general assembly, first regular session, and section 319.137 as enacted by house bill no. 251, eighty-eighth general assembly, first regular session, and to enact in lieu thereof four new sections relating to underground storage tanks.

Was called from the Consent Calendar and taken up.

SCS for SB 901, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 901

An Act to repeal sections 260.370, 319.109, 319.125, 319.127, 319.139, RSMo, and section 319.137 as enacted by house committee substitute for senate substitute for senate bill no. 3, eighty-eighth general assembly, first regular session, and section 319.137 as enacted by house bill no. 251, eighty-eighth general assembly, first regular session, and to enact in lieu thereof ten new sections relating to environmental control.

Was taken up.

Senator Goode moved that SCS for SB 901 be adopted, which motion prevailed.

On motion of Senator Goode, SCS for SB 901 was read the 3rd time and passed by the following vote:

The President 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 Gibbons moved that motion lay on the table, which motion prevailed.

SB 1091, with SCS, introduced by Senator Klindt, entitled:

An Act to repeal section 163.191, RSMo, and to enact in lieu thereof one new section relating to state aid to community colleges.

Was called from the Consent Calendar and taken up.

SCS for SB 1091, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1091

An Act to repeal section 163.191, RSMo, and to enact in lieu thereof one new section relating to state aid to community colleges.

Was taken up.

Senator Klindt moved that SCS for SB 1091 be adopted.

At the request of Senator Klindt, the above motion was withdrawn, which placed the bill back on the Consent Calendar.

SENATE BILLS FOR PERFECTION

Senator Kinder moved that SB 1081, with SCS, SS for SCS and SA 8 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 8 was again taken up.

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

Senator Jacob offered SA 9:

SENATE AMENDMENT NO. 9

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 1081, Section 431.306, Page 12, Line 7, by inserting at the end of said line the following: "A written notice of claim and any written response by a contractor shall not be admissible as a prior inconsistent statement.".

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

Senator Bartle assumed the Chair.

Senator Jacob offered SA 10:

SENATE AMENDMENT NO. 10

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 1081, Section 431.303, Page 5, Lines 26 to 28, by deleting said lines and inserting in lieu thereof the following:

"3. (1) Nothing in sections 431.300 to 431.315 shall preclude or bar any action if notice is not given to the homeowner or association as required by this section or the contractor does not otherwise comply with the provisions of 431.300 to 431.315.

(2) If notice is not given to the homeowner or association as required by this section, such party may immediately file an action in circuit court without further delay. If the homeowner or association files such an action in circuit court, the homeowner or association shall attach as an exhibit to any initial pleading a copy of the contract for sale, construction, or substantial remodel of a residence as evidence that notice was not given as required by this section.

(3) If the homeowner or association asserts that the contractor has failed to comply with any provision of sections 431.300 to 431.315 other than this section, such party may, by motion to the mediator, ask the mediator to certify the same by signed affidavit. The party filing an action in circuit court, whether by claim, counterclaim, or cross claim, shall attach to any pleading asserting a claim, counterclaim or cross claim an affidavit from the mediator stating either that mediation has occurred and not resolved the dispute or that the contractor has not complied with sections 431.300 to 431.315.".

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

Senator Shields assumed the Chair.

Senator Jacob offered SA 11, which was read:

SENATE AMENDMENT NO. 11

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 1081, Page 6, Section 431.306, Line 19, by inserting after the word "defect" the following: "within a specified time frame".

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

Senator Jacob offered SA 12, which was read:

SENATE AMENDMENT NO. 12

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 1081, Page 7, Section 431.306, Lines 9-10, by striking the words "for the defect described in the notice of claim"; and

Further amending same page, same section, lines 28-29, by striking the words "described in the notice of claim"; and

Further amending page 8, same section, line 16, by striking the words "set forth in the notice of claim"; and

Further amending page 9, same section, line 23, by striking the words "for the claim described in the notice of claim"; and

Further amending page 10, same section, line 8, by striking the words "described in the notice of claim"; and

Further amending page 10, same section, line 16, by striking the words "for the claim described in the notice of claim"; and

Further amending page 11, same section, line 3, by striking the words "set forth in the notice of claim".

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

Senator Jacob offered SA 13, which was read:

SENATE AMENDMENT NO. 13

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 1081, Section 431.300, Page 1, Line 12, by inserting at the end of said line the following: "or any civil lawsuit, action, or arbitration proceeding, in contract or tort, or otherwise, for damages or indemnity, brought by petition, complaint, counterclaim, or cross claim, alleging any action on account or breach of a covenant or promise to pay money.".

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

Senator Kinder moved that SS for SCS for SB 1081, as amended, be adopted, which motion prevailed.

On motion of Senator Kinder, SS for SCS for SB 1081, as amended, was declared perfected and ordered printed.

CONFERENCE COMMITTEE

APPOINTMENTS

President Pro Tem Kinder appointed the following conference committee to act with a like committee from the House on HCS for SB 739, as amended: Senators Klindt, Steelman, Cauthorn, Kennedy and Caskey.

REFERRALS

President Pro Tem Kinder referred SCR 44 and HCR 12 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

SECOND READING OF

CONCURRENT RESOLUTIONS

The following Concurrent Resolution was read the 2nd time and referred to the Committee indicated:

SCR 45--Rules, Joint Rules, Resolutions and Ethics.

REFERRALS

President Pro Tem Kinder referred SB 1247, with SCS and SS for SS for SCS for SB 1371, to the Committee on Governmental Accountability and Fiscal Oversight.

President Pro Tem Kinder referred the Gubernatorial Appointments appearing on Pages 725-727 of the Senate Journal for Monday, March 29, 2004 to the Committee on Gubernatorial Appointments.

HOUSE BILLS ON SECOND READING

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

HB 904--Judiciary and Civil and Criminal Jurisprudence.

HCS for HB 1192--Agriculture, Conser-vation, Parks and Natural Resources.

HS for HCS for HB 1566--Governmental Accountability and Fiscal Oversight.

HB 1317--Transportation.

HB 996--Transportation.

HB 1187--Economic Development, Tourism and Local Government.

HB 1188--Judiciary and Civil and Criminal Jurisprudence.

HCS for HB 985--Financial and Governmental Organization, Veterans' Affairs and Elections.

HCS for HB 1136--Aging, Families, Mental and Public Health.

HCS for HB 1288--Commerce and the Environment.

HCS for HB 1347--Financial and Governmental Organization, Veterans' Affairs and Elections.

HCS for HB 1456--Economic Development, Tourism and Local Government.

On motion of Senator Gibbons the Senate recessed until 2:15 p.m.

RECESS

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

RESOLUTIONS

Senator Dougherty offered Senate Resolution No. 1630, regarding Karsen McConnell Castellow, Newport News, Virginia, which was adopted.

Senator Dougherty offered Senate Resolution No. 1631, regarding Kathrine Emma Castellow, Newport News, Virginia, which was adopted.

Senator Champion offered Senate Resolution No. 1632, regarding Dr. Robert H. Spence, Springfield, which was adopted.

SENATE BILLS FOR PERFECTION

Senator Caskey moved that SB 1220, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCS for SB 1220, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 1220

An Act to repeal sections 49.082, 50.334, 50.343, 51.281, 52.269, 53.082, 54.261, 54.320, 55.091, 56.265, 57.317, and 58.095, RSMo, and to enact in lieu thereof thirteen new sections relating to maximum allowable compensation for certain county officials.

Was taken up.

Senator Nodler assumed the Chair.

Senator Caskey moved that SCS for SB 1220 be adopted.

Senator Shields offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 1220, Page 16, Section 56.265, Line 7, by striking "an associate" and inserting in lieu thereof the following: "a".

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

Senator Caskey moved that SCS for SB 1220, be adopted, which motion prevailed.

On motion of Senator Caskey, SCS for SB 1220 was declared perfected and ordered printed.

Senator Dolan moved that SB 1233, SB 840 and SB 1043, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCS for SBs 1233, 840 and 1043, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 1233, 840 and 1043

An Act to repeal sections 21.795, 301.010, 301.041, 301.132, 301.144, 301.190, 301.193, 301.217, 301.219, 301.227, 301.280, 301.463, 301.2999, 301.3098, 302.177, 302.225, 302.272, 302.302, 302.309, 302.700, 302.725, 302.735, 302.740, 302.755, 302.756, 302.760, 304.155, 304.157, 390.136, 390.340, 577.054, 577.080, and 622.095, RSMo, and to enact in lieu thereof sixty-one new sections relating to motor vehicles, with penalty provisions and an effective date for certain sections.

Was taken up.

Senator Dolan moved that SCS for SBs 1233, 840 and 1043 be adopted.

Senator Dolan offered SS for SCS for SBs 1233, 840 and 1043, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 1233, 840, and 1043

An Act to repeal sections 21.795, 301.010, 301.020, 301.025, 301.041, 301.055, 301.057, 301.058, 301.129, 301.130, 301.132, 301.144, 301.190, 301.193, 301.217, 301.219, 301.221, 301.227, 301.280, 301.463, 301.2999, 301.3098, 302.177, 302.225, 302.272, 302.302, 302.309, 302.700, 302.725, 302.735, 302.740, 302.755, 302.756, 302.760, 304.035, 304.155, 304.157, 390.136, 390.340, 577.054, 577.080, 622.095, and 622.618, RSMo, and to enact in lieu thereof sixty-nine new sections relating to motor vehicles, with penalty provisions and an effective date for certain sections.

Senator Dolan moved that SS for SCS for SBs 1233, 840 and 1043 be adopted.

Senator Gross assumed the Chair.

Senator Shields offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 1233, 840 and 1043, Page 11, Section 301.010, Line 29, of said page, by striking the comma "," and inserting in lieu thereof the following: ":

(a)"; and

Further amend said bill and section, Page 12, Line 4, by inserting after all of said line the following:

"(b) The movement of any vehicle or vehicles, not owned by the transporter, constituting the commodity being transported, by a person engaged in the business of furnishing drivers and operators for the purpose of transporting vehicles in transit from one place to another by the driveaway or towaway methods; or

(c) The movement of a motor vehicle by any person who is lawfully engaged in the business of transporting or delivering vehicles that are not the person's own and vehicles of a type otherwise required to be registered, by the driveaway or towaway methods, from a point of manufacture, assembly or distribution or from the owner of the vehicles to a dealer or sales agent of a manufacturer or to any consignee designated by the shipper or consignor;"; and

Further amend said bill and section, Page 13, Line 20 of said page, by striking the following: "twenty-five" and inserting in lieu thereof the following: "fifty"; and

Further amend said bill, Page 40, Section 301.058, Line 23 of said page, by inserting after all of said line the following:

"301.069. A driveaway license plate may not be used on a vehicle used or operated on a highway except for the purpose of transporting vehicles in transit. Driveaway license plates may not be used by tow truck operators transporting wrecked, disabled, abandoned, improperly parked, or burned vehicles. For each driveaway license there shall be paid an annual license fee of forty-four dollars and fifty cents for one set of plates or such insignia as the director may issue which shall be attached to the motor vehicle as prescribed in this chapter. Applicants may choose to obtain biennial driveaway licenses. The fee for biennial driveaway licenses shall be eighty-nine dollars. For single trips the fee shall be four dollars, and descriptive insignia shall be prepared and issued at the discretion of the director who shall also prescribe the type of equipment used to attach such vehicles in combinations."; and

Further amend said bill, Page 170, Section 304.157, Line 28 of said page, by inserting after all of said line the following:

"390.020. As used in this chapter, unless the context clearly requires otherwise, the words and terms mean:

(1) "Agricultural commodities in bulk", commodities conforming to the meaning of "commodities in bulk" as defined in this section, which are agricultural, horticultural, viticultural or forest products or any other products which are grown or produced on a farm or in a forest, and which have not undergone processing at any time since movement from the farm or forest, or processed or unprocessed grain, feed, feed ingredients, or forest products;

(2) "Certificate", a written document authorizing a common carrier to engage in intrastate commerce and issued under the provisions of this chapter;

(3) "Charter service", the transportation of a group of persons who, pursuant to a common purpose and at a fixed charge for the vehicle, have acquired the exclusive use of a passenger-carrying motor vehicle to travel together as a group from a point of origin to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartering group after having left the place of origin;

(4) "Commercial zone", unless otherwise increased pursuant to the provisions of subdivision (4) of section 390.041, any municipality within this state together with that territory either within or without the state of Missouri, extending one mile beyond the corporate limits of such municipality and one additional mile for each fifty thousand inhabitants or portion thereof; however, any commercial zone of a city not within a county shall extend eighteen miles beyond that city's corporate limits and shall also extend throughout any first class charter county which adjoins that zone;

(5) "Commodities in bulk", commodities, which are fungible, flowable, capable of being poured or dumped, tendered for transportation unpackaged, incapable of being counted, but are weighed or measured by volume and which conform to the shape of the vehicle transporting them;

(6) "Common carrier", any person which holds itself out to the general public to engage in the transportation by motor vehicle of passengers or property for hire or compensation upon the public highways and airlines engaged in intrastate commerce;

(7) "Contract carrier", any person under individual contracts or agreements which engage in transportation by motor vehicles of passenger or property for hire or compensation upon the public highways;

(8) "Corporate family", a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a one hundred percent interest;

(9) "Division", the division of motor carrier and railroad safety of the department of economic development;

(10) "Driveaway operator"[,]:

(a) Any motor carrier who moves any commercial motor vehicle or assembled automobile singly under its own power or in any other combination of two or more vehicles under the power of one of said vehicles upon any public highway for the purpose of delivery for sale or for delivery either before or after sale;

(b) A person engaged in the business of furnishing drivers and operators for the purpose of transporting vehicles in transit from one place to another by the driveaway or towaway methods; or

(c) A person who is lawfully engaged in the business of transporting or delivering vehicles that are not the person's own and vehicles of a type otherwise required to be registered, by the driveaway or towaway methods, from a point of manufacture, assembly or distribution or from the owner of the vehicles to a dealer or sales agent of a manufacturer or to any consignee designated by the shipper or consignor;

(11) "Dump truck", any open-top vehicle, including dump trailers, and those trailers commonly referred to as hopper trailers and/or belly dump trailers, that discharges its load by tipping or opening the body in such a manner that the load is ejected or dumped by gravity but does not include tank or other closed-top vehicles, or vehicles that discharge cargo by means of an auger, conveyor belt, air pressure, pump or other mechanical means;

(12) "Household goods", personal effects and property used or to be used in a dwelling when a part of the equipment or supply of such dwelling; new or used furniture; store or office furniture or fixtures; equipment of museums, institutions, hospitals and other establishments; and articles, which because of their unusual nature or value require specialized handling and equipment usually employed in moving household goods;

(13) "Interstate commerce", commerce between a point in this state and a point outside this state, or between points outside this state when such commerce moves through this state whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by any other regulated means of transportation where the commodity does not come to rest or change its identity during the movement;

(14) "Intrastate commerce", commerce moving wholly between points within this state, whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by any other means of transportation;

(15) "Irregular route", the course or line of travel to be used by a motor carrier's vehicle when not restricted to any specific route or routes within the area the motor carrier is authorized to serve;

(16) "Less-than-truckload lots", lots of freight, other than a truckload lot, being transported on the motor vehicle at one time;

(17) "Mobile home", house trailers, cabin trailers, bungalow trailers, mobile homes and any other transportable building unit designed to be used for residential, commercial, industrial or recreational purposes, including special equipment, wheels, tires, axles, springs, racks, undercarriages and undersupports used or useful in connection with the transportation of mobile homes when transported as part of the transportation of mobile homes;

(18) "Motor carrier", any person engaged in the transportation of property or passengers, or both, for compensation or hire, over the public roads of this state by motor vehicle. The term includes both common and contract carriers;

(19) "Motor vehicle", any vehicle, truck, truck-tractor, trailer, or semitrailer, motor bus or any self-propelled vehicle used upon the highways of the state in the transportation of property or passengers;

(20) "Party", any person admitted as a party to a division proceeding or seeking and entitled as a matter of right to admission to a division proceeding;

(21) "Permit", a permit issued under the provisions of this chapter to a contract carrier to engage in intrastate or interstate commerce or to a common carrier to engage in interstate commerce;

(22) "Person", any individual or other legal entity, whether such entity is a proprietorship, partnership, corporation, company, association or joint-stock association, including the partners, officers, employees, and agents of the person, as well as any trustees, assignees, receivers, or personal representatives of the person;

(23) "Private carrier", any person engaged in the transportation of property or passengers by motor vehicle upon public highways, but not as a common or contract carrier by motor vehicle; and includes any person who transports property by motor vehicle where such transportation is incidental to or in furtherance of his commercial enterprises;

(24) "Public highway", every public street, road, highway or thoroughfare of any kind used by the public, whether actually dedicated to the public;

(25) "Regular route", a specific and determined course to be traveled by a motor carrier's vehicle rendering service to, from or between various points or localities in this state;

(26) "School bus", any motor vehicle while being used solely to transport students to or from school or to transport students to or from any place for educational purposes or school purposes;

(27) "Taxicab", any motor vehicle performing a bona fide for hire taxicab service having a capacity of not more than five passengers, exclusive of the driver, and not operated on a regular route or between fixed termini;

(28) "Truckload lot", a lot or lots of freight tendered to a carrier by one consignor or one consignee for delivery at the direction of the consignor or consignee with the lot or lots being the only lot or lots transported on the motor vehicle at any one time."; and

Further amend the title and enacting clause accordingly.

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

Senator Shields offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 1233, 840 and 1043, Page 112, Section 301.3144, Line 20, by inserting after all of said line the following:

"301.3146.  1.  Any member of the search and rescue council of Missouri, after an annual payment of an emblem-use authorization fee to the search and rescue council of Missouri, may receive special license plates for any vehicle the member owns, either solely or jointly, other than an apportioned motor vehicle or a commercial motor vehicle licensed in excess of eighteen thousand pounds gross weight.  The search and rescue council of Missouri hereby authorizes the use of its official emblem to be affixed on multiyear personalized license plates within the plate area prescribed by the director of revenue and as provided in this section.  Any contribution to the search and rescue council of Missouri derived from this section, except reasonable administrative costs, shall be used solely for the purposes of the search and rescue council of Missouri.  Any member of the search and rescue council of Missouri may annually apply for the use of the emblem.

2.  Upon annual application and payment of a twenty-five dollar emblem-use contribution to the search and rescue council of Missouri, the search and rescue council of Missouri shall issue to the vehicle owner, without further charge, an "emblem-use authorization statement", which shall be presented by the vehicle owner to the director of revenue at the time of registration.  Upon presentation of the annual statement and payment of a fifteen dollar fee in addition to the regular registration fees, and presentation of any documents which may be required by law, the director of revenue shall issue to the vehicle owner a special license plate which shall bear the emblem of the search and rescue council of Missouri and the words "SEARCH AND RESCUE" in place of the words "SHOW-ME-STATE".  Such license plates shall be made with fully reflective material with a common color scheme and design of the standard license plate, shall be clearly visible at night, shall have a reflective white background in the area of the plate configuration, and shall be aesthetically attractive, as prescribed by section 301.130.  Notwithstanding the provisions of section 301.144, no additional fee shall be charged for the personalization of license plates pursuant to this section.

3.  A vehicle owner who was previously issued a plate with the search and rescue council of Missouri emblem authorized by this section, but who does not provide an emblem-use authorization statement at a subsequent time of registration, shall be issued a new plate which does not bear the search and rescue council of Missouri emblem, as otherwise provided by law.  The director of revenue shall make necessary rules and regulations for the enforcement of this section, and shall design all necessary forms required by this section."; and

Further amend the title and enacting clause accordingly.

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

Senator Nodler assumed the Chair.

Senator Callahan offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 1233, 840 and 1043, Page 10, Section 21.795, Line 18, of said page, by inserting after all of said line the following:

"137.298. 1. Other provisions of law to the contrary notwithstanding, any city may by ordinance include as a charge on bills issued for personal property taxes any outstanding parking violations issued on any vehicle for which personal property tax is to be paid and, if required by ordinance, such charge shall be collected with and in the same payment as personal property taxes are collected by the collector of revenue of such city. No personal property tax bill shall be considered paid unless all charges for parking violations are also paid in full and the collector of revenue shall not issue a paid personal property receipt until all such charges are paid.

2. Other provisions of law to the contrary notwithstanding, any home rule city with more than four hundred thousand inhabitants and located in more than one county may by ordinance include as a charge on bills issued for personal property taxes any outstanding vehicle-related fees and fines, including traffic and parking violations, assessed or issued on any vehicle for which personal property tax is to be paid and, if required by ordinance, such charge shall be collected with and in the same payment as personal property taxes are collected by the collector of revenue of such city or the treasurer ex officio collector. For the purpose of this section, vehicle-related fees and fines shall include, but not necessarily be limited to, traffic violation fines, parking violation fines, towing and vehicle immobilization fees, and any late payment penalties and court costs associated with the adjudication or collection of those fines. No personal property tax bill shall be considered paid unless all charges for parking violations and other vehicle-related fees and fines are also paid in full and the collector of revenue or treasurer ex officio collector shall not issue a paid personal property receipt until all such charges are paid. The collector of revenue or treasurer ex officio collector of the city or county shall remit to the appropriate political subdivision all fees and fines, including traffic and parking violations collected less two percent for administrative costs."; and

Further amend the title and enacting clause accordingly.

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

Senator Callahan offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 1233, 840 and 1043, Page 32, Section 301.025, Line 9, of said page, by inserting immediately after the word "county" the following: "or any home rule city with more than four hundred thousand inhabitants and located in more than one county"; and further amend Line 13 of said page, by immediately inserting after the word "county" the following: "or any home rule city with more than four hundred thousand inhabitants and located in more than one county"; and further Line 15 of said page, by immediately inserting after the word "county" the following: "or any home rule city with more than four hundred thousand inhabitants and located in more than one county" and further amend Line 25 of said page, by immediately inserting after the word "county" the following" "or any home rule city with more than four hundred thousand inhabitants and located in more than one county"; and further Line 26 of said page, by inserting immediately after the word "county" the following: "or any home rule city with more than four hundred thousand inhabitants and located in more than one county"; and

Further amend said bill, section, Page 33, Line 7 of said page, by immediately inserting after the word "county" the following: "or any home rule city with more than four hundred thousand inhabitants and located in more than one county"; and further amend Line 26 of said page, by immediately inserting after the word "county" the following: "or any home rule city with more than four hundred thousand inhabitants and located in more than one county".

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

Senator Callahan offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 1233, 840 and 1043, Page 170, Section 304.157, Line 28, of said page, by inserting after all of said line the following:

"304.580. 1. As used in this section, the term "construction zone" or "work zone" means any area upon or around any highway as defined in section 302.010, RSMo, which is visibly marked by the department of transportation or a contractor performing work for the department of transportation as an area where construction, maintenance, or other work is temporarily occurring. The term "work zone" or "construction zone" also includes the lanes of highway leading up to the area upon which an activity described in this subsection is being performed, beginning at the point where appropriate signs directing motor vehicles to merge from one lane into another lane are posted.

2. Upon [a] the first conviction or [a] plea of guilty by any person for a moving violation as defined in section 302.010, RSMo, or any offense listed in section 302.302, RSMo, the court shall assess a fine of thirty-five dollars in addition to any other fine authorized to be imposed by law, if the offense occurred within a construction zone or a work zone. A second or subsequent violation of this subsection shall result in the court assessing a fine of one hundred dollars in addition to any other fine authorized to be imposed by law.

3. Upon [a] the first conviction or plea of guilty by any person for a speeding violation pursuant to either section 304.009 or 304.010, or a passing violation pursuant to subsection 6 of this section, the court shall assess a fine of two hundred fifty dollars in addition to any other fine authorized by law, if the offense occurred within a construction zone or a work zone and at the time the speeding or passing violation occurred there was any person in such zone who was there to perform duties related to the reason for which the area was designated a construction zone or work zone. A second or subsequent violation of this subsection shall result in the court assessing a fine of three hundred dollars in addition to any other fine authorized by law. However, no person assessed an additional fine pursuant to this subsection shall also be assessed an additional fine pursuant to subsection 2 of this section, and no person shall be assessed an additional fine pursuant to this subsection if no signs have been posted pursuant to subsection 4 of this section.

4. The penalty authorized by subsection 3 of this section shall only be assessed by the court if the department of transportation or contractor performing work for the department of transportation has erected signs upon or around a construction or work zone which are clearly visible from the highway and which state substantially the following message: "Warning: $250 fine for speeding or passing in this work zone".

5. During any day in which no person is present in a construction zone or work zone established pursuant to subsection 3 of this section to perform duties related to the purpose of the zone, the sign warning of additional penalties shall not be visible to motorists. During any period of two hours or more in which no person is present in such zone on a day in which persons have been or will be present to perform duties related to the reason for which the area was designated as a construction zone or work zone, the sign warning of additional penalties shall not be visible to motorists. The department of transportation or contractor performing work for the department of transportation shall be responsible for compliance with provisions of this subsection. Nothing in this subsection shall prohibit warning or traffic control signs necessary for public safety in the construction or work zone being visible to motorists at all times.

6. The driver of a motor vehicle may not overtake or pass another motor vehicle within a work zone or construction zone. This subsection applies to a construction zone or work zone located upon a highway divided into two or more marked lanes for traffic moving in the same direction and for which motor vehicles are instructed to merge from one lane into another lane by an appropriate sign erected by the department of transportation or a contractor performing work for the department of transportation. Violation of this subsection is a class C misdemeanor.

7. This section shall not be construed to enhance the assessment of court costs or the assessment of points pursuant to section 302.302, RSMo."; and

Further amend the title and enacting clause accordingly.

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

Senator Callahan offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate

Committee Substitute for Senate Bills Nos. 1233, 840 and 1043, Page 166, Section 304.155, Line 2, of said page, by inserting after all of said line the following:

"304.156. 1. Within five working days of receipt of the crime inquiry and inspection report under section 304.155 or the abandoned property report under section 304.157, the director of revenue shall search the records of the department of revenue, or initiate an inquiry with another state, if the evidence presented indicated the abandoned property was registered or titled in another state, to determine the name and address of the owner and lienholder, if any. After ascertaining the name and address of the owner and lienholder, if any, the department shall, within fifteen working days, notify the towing company. Any towing company which comes into possession of abandoned property pursuant to section 304.155 or 304.157 and who claims a lien for recovering, towing or storing abandoned property shall give notice to the title owner and to all persons claiming a lien thereon, as disclosed by the records of the department of revenue or of a corresponding agency in any other state. The towing company shall notify the owner and any lienholder within ten business days of the date of mailing indicated on the notice sent by the department of revenue, by certified mail, return receipt requested. The notice shall contain the following:

(1) The name, address and telephone number of the storage facility;

(2) The date, reason and place from which the abandoned property was removed;

(3) A statement that the amount of the accrued towing, storage and administrative costs are the responsibility of the owner, and that storage and/or administrative costs will continue to accrue as a legal liability of the owner until the abandoned property is redeemed;

(4) A statement that the storage firm claims a possessory lien for all such charges;

(5) A statement that the owner or holder of a valid security interest of record may retake possession of the abandoned property at any time during business hours by proving ownership or rights to a secured interest and paying all towing and storage charges;

(6) A statement that, should the owner consider that the towing or removal was improper or not legally justified, the owner has a right to request a hearing as provided in this section to contest the propriety of such towing or removal;

(7) A statement that if the abandoned property remains unclaimed for thirty days from the date of mailing the notice, title to the abandoned property will be transferred to the person or firm in possession of the abandoned property free of all prior liens; and

(8) A statement that any charges in excess of the value of the abandoned property at the time of such transfer shall remain a liability of the owner.

2. A towing company may only assess reasonable storage charges for abandoned property towed without the consent of the owner. Reasonable storage charges shall not exceed the charges for vehicles which have been towed with the consent of the owner on a negotiated basis. Storage charges may be assessed only for the time in which the towing company complies with the procedural requirements of sections 304.155 to 304.158.

3. In the event that the records of the department of revenue fail to disclose the name of the owner or any lienholder of record, the department shall notify the towing company which shall attempt to locate documents or other evidence of ownership on or within the abandoned property itself. The towing company must certify that a physical search of the abandoned property disclosed that no ownership documents were found and a good faith effort has been made. For purposes of this section, "good faith effort" means that the following checks have been performed by the company to establish the prior state of registration and title:

(1) Check of the abandoned property for any type of license plates, license plate record, temporary permit, inspection sticker, decal or other evidence which may indicate a state of possible registration and title;

(2) Check the law enforcement report for a license plate number or registration number if the abandoned property was towed at the request of a law enforcement agency;

(3) Check the tow ticket/report of the tow truck operator to see if a license plate was on the abandoned property at the beginning of the tow, if a private tow; and

(4) If there is no address of the owner on the impound report, check the law enforcement report to see if an out-of-state address is indicated on the driver license information.

4. If no ownership information is discovered, the director of revenue shall be notified in writing and title obtained in accordance with subsection 7 of this section.

5. (1) The owner of the abandoned property removed pursuant to the provisions of section 304.155 or 304.157 or any person claiming a lien, other than the towing company, within ten days after the receipt of notification from the towing company pursuant to subsection 1 of this section may file a petition in the associate circuit court in the county where the abandoned property is stored to determine if the abandoned property was wrongfully taken or withheld from the owner. The petition shall name the towing company among the defendants. The petition may also name the agency ordering the tow or the owner, lessee or agent of the real property from which the abandoned property was removed. The director of revenue shall not be a party to such petition but a copy of the petition shall be served on the director of revenue who shall not issue title to such abandoned property pursuant to this section until the petition is finally decided.

(2) Upon filing of a petition in the associate circuit court, the owner or lienholder may have the abandoned property released upon posting with the court a cash or surety bond or other adequate security equal to the amount of the charges for towing and storage to ensure the payment of such charges in the event he does not prevail. Upon the posting of the bond and the payment of the applicable fees, the court shall issue an order notifying the towing company of the posting of the bond and directing the towing company to release the abandoned property. At the time of such release, after reasonable inspection, the owner or lienholder shall give a receipt to the towing company reciting any claims for loss or damage to the abandoned property or the contents thereof.

(3) Upon determining the respective rights of the parties, the final order of the court shall provide for immediate payment in full of recovery, towing, and storage fees by the abandoned property owner or lienholder or the owner, lessee, or agent thereof of the real property from which the abandoned property was removed.

6. A towing and storage lien shall be enforced as provided in subsection 7 of this section.

7. Thirty days after the notification form has been mailed to the abandoned property owner and holder of a security agreement and the property is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, and the owner or holder of a security agreement has not requested a hearing as provided in subsection 5 of this section, the lienholder in possession may apply to the director of revenue for a certificate. The application for title shall be accompanied by:

(1) An affidavit from the lienholder in possession that he has been in possession of the abandoned property for at least thirty days and the owner of the abandoned property or holder of a security agreement has not made arrangements for payment of towing and storage charges;

(2) An affidavit that the lienholder in possession has not been notified of any application for hearing as provided in this section;

(3) A copy of the abandoned property report or crime inquiry and inspection report;

(4) A copy of the thirty-day notice given by certified mail to any owner and person holding a valid security interest and a copy of the certified mail receipt indicating that the owner and lienholder of record was sent a notice as required in this section; and

(5) A copy of the envelope or mailing container showing the address and postal markings indicating that the notice was "not forwardable" or "address unknown".

8. If notice to the owner and holder of a security agreement has been returned marked "not forwardable" or "addressee unknown", the lienholder in possession shall comply with subsection 3 of this section.

9. Any municipality or county may adopt an ordinance regulating the removal and sale of abandoned property provided such ordinance is consistent with sections 304.155 to 304.158, and, for a home rule city with more than four hundred thousand inhabitants and located in more than one county, includes the following provisions:

(1) That the department of revenue records must be searched to determine the registered owner or lienholder of the abandoned property;

(2) That if a registered owner or lienholder is disclosed in the records, that the owner and lienholder or owner or lienholder are mailed a notice, by U.S. mail, advising of the towing and impoundment;

(3) That if the vehicle is older than six years and more than fifty percent damaged by collision, fire, or decay, and is valued at less than two hundred dollars, it must be held no less than ten days before being sold to a licensed salvage or scrap business;

(4) That all other vehicles must be held no less than thirty days before they may be sold.

10. Any municipality or county which has physical possession of the abandoned property and which sells abandoned property in accordance with a local ordinance may transfer ownership by means of a bill of sale signed by the municipal or county clerk or deputy and sealed with the official municipal or county seal. Such bill of sale shall contain the make and model of the abandoned property, the complete abandoned property identification number and the odometer reading of the abandoned property if available and shall be lawful proof of ownership for any dealer registered under the provisions of section 301.218, RSMo, or section 301.560, RSMo, or for any other person. Any dealer or other person purchasing such property from a municipality or county shall apply within thirty days of purchase for a certificate. Anyone convicted of a violation of this section shall be guilty of an infraction.

11. Any persons who have towed abandoned property prior to August 28, 1996, may, until January 1, 2000, apply to the department of revenue for a certificate. The application shall be accompanied by:

(1) A notarized affidavit explaining the circumstances by which the abandoned property came into their possession, including the name of the owner or possessor of real property from which the abandoned property was removed;

(2) The date of the removal;

(3) The current location of the abandoned property;

(4) An inspection of the abandoned property as prescribed by the director; and

(5) A copy of the thirty-day notice given by certified mail to any owner and person holding a valid security interest of record and a copy of the certified mail receipt.

12. If the director is satisfied with the genuineness of the application and supporting documents submitted pursuant to this section, the director shall issue one of the following:

(1) An original certificate of title if the vehicle owner has obtained a vehicle examination certificate as provided in section 301.190, RSMo, which indicates that the vehicle was not previously in a salvaged condition or rebuilt;

(2) An original certificate of title designated as prior salvage if the vehicle examination certificate as provided in section 301.190, RSMo, indicates the vehicle was previously in a salvage condition or rebuilt;

(3) A salvage certificate of title designated with the words "salvage/abandoned property" or junking certificate based on the condition of the abandoned property as stated in the abandoned property report or crime inquiry and inspection report;

(4) Notwithstanding the provisions of section 301.573, RSMo, to the contrary, if satisfied with the genuineness of the application and supporting documents, the director shall issue an original title to abandoned property previously issued a salvage title as provided in this section, if the vehicle examination certificate as provided in section 301.190, RSMo, does not indicate the abandoned property was previously in a salvage condition or rebuilt.

13. If abandoned property is insured and the insurer of property regards the property as a total loss and the insurer satisfies a claim by the owner for the property, then the insurer or lienholder shall claim and remove the property from the storage facility or make arrangements to transfer the title, and such transfer of title subject to agreement shall be in complete satisfaction of all claims for towing and storage, to the towing company or storage facility. The owner of the abandoned vehicle, lienholder or insurer, to the extent the vehicle owner's insurance policy covers towing and storage charges, shall pay reasonable fees assessed by the towing company and storage facility. The property shall be claimed and removed or title transferred to the towing company or storage facility within thirty days of the date that the insurer paid a claim for the total loss of the property or is notified as to the location of the abandoned property, whichever is the later event. Upon request, the insurer of the property shall supply the towing company and storage facility with the name, address and phone number of the insurance company and of the insured and with a statement regarding which party is responsible for the payment of towing and storage charges under the insurance policy."; and

Further amend the title and enacting clause

accordingly.

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

Senator Dougherty offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 1233, 840 and 1043, Page 157, Section 302.760, Line 10, by inserting immediately after said line the following:

"304.031. 1. As used in this section, "Traffic Signal Preemption System (TSPS)" shall mean a traffic-control system designated for use by emergency vehicles, as defined in section 304.031, to improve traffic movement by temporarily controlling signalized intersections.

2. The owner of a traffic control signal may authorize use of a TSPS by the following persons for the following purposes:

(1) An authorized operator in an authorized emergency vehicle, in order to improve the safety and efficiency of emergency response operations;

(2) An authorized operator in a bus, in order to interrupt the cycle of the traffic control signal in such a way as to keep the green light showing for longer than it otherwise would;

(3) An authorized operator in a traffic signal maintenance vehicle, in order to facilitate traffic signal maintenance activities.

3. A TSPS used by an authorized person in an emergency vehicle shall preempt and override a device operated by any other person.

4. A traffic control signal operating device used as authorized under this section must operate in such a way that the device does not continue to control the signal once the vehicle containing the device has arrived at the intersection, regardless of whether the vehicle remains at the intersection.

5. It shall be unlawful for any person not approved herein to use a TSPS to control traffic.

6. Violation of this section shall be deemed a class B misdemeanor."; and

Further amend the title and enacting clause accordingly.

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

Senator Dolan offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 1233, 840 and 1043, Page 84, Section 301.2999, Line 7, by inserting immediately after said line the following:

"301.3079.  1.  Any person, after an annual payment of an emblem-use authorization fee to the Missouri Farm Bureau, may receive special license plates for any vehicle the member owns, either solely or jointly, other than an apportioned motor vehicle or a commercial motor vehicle licensed in excess of eighteen thousand pounds gross weight.  The Missouri Farm Bureau hereby authorizes the use of the Missouri "Agriculture in the Classroom" official emblem to be affixed on multiyear personalized license plates within the plate area prescribed by the director of revenue and as provided in this section. All monies received by the Missouri Farm Bureau pursuant to this section shall be used solely to fund Missouri's Agriculture in the Classroom program and to further the mission of such program. Any person may annually apply for the use of the emblem.

2.  Upon annual application and payment of a twenty-five dollar emblem-use contribution to Missouri Farm Bureau, the Missouri Farm Bureau shall issue to the vehicle owner, without further charge, an "emblem-use authorization statement", which shall be presented by the vehicle owner to the director of revenue at the time of registration.  Upon presentation of the annual statement and payment of a fifteen dollar fee in addition to the regular registration fees, and presentation of any documents which may be required by law, the director of revenue shall issue to the vehicle owner a special license plate which shall bear the emblem of the Missouri Agriculture in the Classroom program and the words "AG IN THE CLASSROOM" in place of the words "SHOW-ME STATE".  Such license plates shall be made with fully reflective material with a common color scheme and design of the standard license plate, shall be clearly visible at night, shall have a reflective white background in the area of the plate configuration, and shall be aesthetically attractive, as prescribed by section 301.130.  Notwithstanding the provisions of section 301.144, no additional fee shall be charged for the personalization of license plates pursuant to this section.

3.  A vehicle owner who was previously issued a plate with an emblem authorized by this section, but who does not provide an emblem-use authorization statement at a subsequent time of registration, shall be issued a new plate which does not bear such emblem, as otherwise provided by law.  The director of revenue shall make necessary rules and regulations for the enforcement of this section, and shall design all necessary forms required by this section."; and

Further amend the title and enacting clause accordingly.

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

Senator Steelman offered SA 9:

SENATE AMENDMENT NO. 9

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 1233, 840 and 1043, Page 10, Section 301.010, Line 25-26, of said page, by striking the following: "six hundred" and inserting in lieu thereof the following: "one thousand"; and further amend line 28 of said page, by inserting after "operator" the following: "or with a seat designed to carry more than one person"; and

Further amend said bill, Page 157, Section 302.760, Line 10 of said page, by inserting after all of said line the following:

"304.013. 1. No person shall operate an all-terrain vehicle, as defined in section 301.010, RSMo, upon the highways of this state, except as follows:

(1) All-terrain vehicles owned and operated by a governmental entity for official use;

(2) All-terrain vehicles operated for agricultural purposes or industrial on-premises purposes between the official sunrise and sunset on the day of operation;

(3) All-terrain vehicles operated by handicapped persons for short distances occasionally only on the state's secondary roads when operated between the hours of sunrise and sunset;

(4) Governing bodies of cities may issue special permits to licensed drivers for special uses of all-terrain vehicles on highways within the city limits. Fees of fifteen dollars may be collected and retained by cities for such permits;

(5) Governing bodies of counties may issue special permits to licensed drivers for special uses of all-terrain vehicles on county roads within the county. Fees of fifteen dollars may be collected and retained by the counties for such permits.

2. No person shall operate an off-road vehicle within any stream or river in this state, except that off-road vehicles may be operated within waterways which flow within the boundaries of land which an off-road vehicle operator owns, or for agricultural purposes within the boundaries of land which an off-road vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this state at such road crossings as are customary or part of the highway system. All law enforcement officials or peace officers of this state and its political subdivisions or department of conservation agents or department of natural resources park rangers shall enforce the provisions of this subsection within the geographic area of their jurisdiction.

3. A person operating an all-terrain vehicle on a highway pursuant to an exception covered in this section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle pursuant to subdivision (3) of subsection 1 of this section, but shall not be required to have passed an examination for the operation of a motorcycle, and the vehicle shall be operated at speeds of less than thirty miles per hour. When operated on a highway, an all-terrain vehicle shall have a bicycle safety flag, which extends not less than seven feet above the ground, attached to the rear of the vehicle. The bicycle safety flag shall be triangular in shape with an area of not less than thirty square inches and shall be day-glow in color.

4. No persons shall operate an all-terrain vehicle:

(1) In any careless way so as to endanger the person or property of another;

(2) While under the influence of alcohol or any controlled substance;