SENATE JOURNAL - SEVENTIETH DAY--THURSDAY, MAY 9, 1996

Journal of the Senate

SECOND REGULAR SESSION

SEVENTIETH DAY--THURSDAY, MAY 9, 1996

The Senate met pursuant to adjournment.

Senator Wiggins in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, few of us will ever be as good as our mothers thought or know as much as our children thought or be as important as we sometimes think we are. With Your help, we can be better than we have been. We pray that You will guide us to be better. 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:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Treppler
Westfall Wiggins--30

Absent with leave--Senators--None

The Lieutenant Governor was present.

RESOLUTIONS

Senator House offered Senate Resolution No. 1386, regarding Delores Schaible, St. Charles, which was adopted.

Senator Maxwell offered Senate Resolution No. 1387, regarding the Seventy-fifth Anniversary of the St. Brendan School, Mexico, which was adopted.

Senator Johnson offered Senate Resolution No. 1388, regarding Coach Dennis Snethen, St. Joseph, which was adopted.

CONCURRENT RESOLUTIONS

Senator Mathewson moved that SCR 29 be taken up for adoption, which motion prevailed.

On motion of Senator Mathewson, SCR 29 was adopted by the following vote:

Yeas--Senators
Banks Caskey Clay DePasco
Ehlmann Goode Graves House
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senators
Bentley Curls Flotron Maxwell--4

Absent with leave--Senators--None

REPORTS OF STANDING COMMITTEES

Senator Mathewson, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

Mr. President: Your Committee on Gubernatorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

Cheryl M. Wehmeyer Price, Roy C. Wilson, M.D. and Wanda T. Terrell, as members of the Missouri Head Injury Advisory Council;

Also,

William H. (Bill) Stuart, as a member of the State Board of Embalmers and Funeral Directors;

Also,

Douglas W. Burnett, as a member of the Consolidated Health Care Plan Board of Trustees;

Also,

William L. Farr, Jr., as Missouri State Fire Marshal;

Also,

Philip B. Sayer, Wildie L. Webster, Willard H. Halmich, Ray D. Jagger and Clint E. Mitchell, as members of the Missouri Fire Education Commission;

Also,

Jane B. Wyman, as a member of the Missouri Southern State College Board of Regents;

Also,

Russell E. Steele, as public member of the Missouri Motor Vehicle Commission;

Also,

Louis P. Hamilton and Consuelo "Connie" Washington, as members of the Tourism Commission;

Also,

Jana L. Poteet, as a member of the State Lottery Commission;

Also,

Daniel K. Behlmann, as a member of the Southwest Missouri State University Board of Regents;

Also,

Carolyn A. Landry, as a member of the Missouri Women's Council;

Also,

Reverend Nelson J. Parnell, as a member of the Commission on the Special Health, Psychological and Social Needs of Minority Older Individuals;

Also,

William C. Alumbaugh and Roxana Hauser, as members; and Sharon K. Spence, as secretary of the Jackson County Board of Election Commissioners;

Also,

Jeffrey J. Simon, as a member of the Kansas City Board of Police Commissioners;

Also,

Susan L. Constance, as a member of the Missouri Development Finance Board;

Also,

Brian J. Robb, D.O. and Laura Fitzmaurice-Amick, M.D., as members of the State Advisory Council on Emergency Medical Services;

Also,

Martha E. Hildebrandt and Fred R. Schoen, as members of the Well Installation Board;

Also,

Amy R. Hamilton and Donald Ray Loveland, as members of the State Soil and Water Districts Commission;

Also,

James W. Mitchell, as a member of the Board of Probation and Parole;

Also,

Robert L. Wolfson and Robert M. Clayton, II, as members of the Gaming Commission;

Also,

Dr. Debra A. Howenstine, Cynthia A. Rushefsky and Kathleen C. Bargeon, as members of the Child Abuse and Neglect Review Board;

Also,

Herbert W. Martin and Jack D. Atterberry, as members of the Worker's Compensation Determination Review Board;

Also,

Harold E. Richardson, as a member of the Advisory Council on Emergency Medical Services;

Also,

Dr. Larry D. Dorrell and Barbara A. Washington, as members of the Missouri Community Service Commission;

Also,

Ellen E. Dirnberger and Linda G. Arnold, as members of the Missouri Women's Council;

Also,

Loramel P. Shurtleff and Burton H. Shostak, as members of the Public Defender Commission.

Senator Mathewson requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

Senator Mathewson moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

PRIVILEGED MOTIONS

Senator Mathewson moved that HB 937, with HPA 1 to SCA 1 be taken up for 3rd reading and final passage, which motion prevailed.

HPA 1 to SCA 1 was taken up.

Senator Mathewson moved that the above amendment be adopted, which motion prevailed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Treppler Westfall
Wiggins--33

Nays--Senators--None

Absent--Senator McKenna--1

Absent with leave--Senators--None

On motion of Senator Mathewson, HB 937, as amended by HPA 1 to SCA 1, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Treppler
Westfall Wiggins--34

Nays--Senators--None

Absent--Senators--None

Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

Senator Quick assumed the Chair.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SB 895, begs leave to report that it has examined the same and finds that the bill has been duly enrolled and that the printed copies furnished the Senators are correct.

HOUSE BILLS ON THIRD READING

Senator Staples moved that HCS for HB 991, with SCA 1 (pending) and SCAs 2, 3, and 4, be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SCA 1 was again taken up.

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

SCA 2 was taken up.

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

SCA 3 was taken up.

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

SCA 4 was taken up.

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

Senator Flotron offered SA 1:

SENATE AMENDMENT NO. 1

Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8, by inserting immediately after said line the following:

"301.140. 1. Upon the transfer of ownership of any motor vehicle or trailer, the certificate of registration and the right to use the number plates shall expire and the number plates shall be removed by the owner at the time of the transfer of possession, and it shall be unlawful for any person other than the person to whom such number plates were originally issued to have the same in his or her possession whether in use or not; except that the buyer of a motor vehicle or trailer who trades in a motor vehicle or trailer may attach the license plates from the traded-in motor vehicle or trailer to the newly purchased motor vehicle or trailer. The operation of a motor vehicle with such transferred plates shall be lawful for no more than thirty days.

2. In the case of a transfer of ownership the original owner may register another motor vehicle under the same number, upon the payment of a fee of two dollars, if the motor vehicle is of horsepower, gross weight or (in the case of a passenger-carrying commercial motor vehicle) seating capacity, not in excess of that originally registered. When such motor vehicle is of greater horsepower, gross weight or (in the case of a passenger-carrying commercial motor vehicle) seating capacity, for which a greater fee is prescribed, applicant shall pay a transfer fee of two dollars and a pro rata portion for the difference in fees. When such vehicle is of less horsepower, gross weight or (in case of a passenger-carrying commercial motor vehicle) seating capacity, for which a lesser fee is prescribed, applicant shall not be entitled to a refund.

3. Upon the sale of a motor vehicle or trailer by a dealer, a buyer who has made application for registration, by mail or otherwise, may operate the same for a period of fifteen days after taking possession thereof, if during such period the motor vehicle or trailer shall have attached thereto, in the manner required by section 301.130, number plates issued to the dealer. Upon application and presentation of satisfactory evidence that the buyer has applied for registration, a dealer may furnish such number plates to the buyer for such temporary use. In such event, the dealer shall require the buyer to deposit the sum of ten dollars and fifty cents to be returned to the buyer upon return of the number plates as a guarantee that said buyer will return to the dealer such number plates within fifteen days. The director shall issue a temporary permit or paper plate authorizing the operation of a motor vehicle or trailer by a buyer for not more than twenty days of the date of purchase.

4. The temporary permit or paper plate shall be made available by the director of revenue and may be purchased from the department of revenue upon proof of purchase of a motor vehicle or trailer for which the buyer has no registration plate available for transfer, or from a dealer upon purchase of a motor vehicle or trailer for which the buyer has no registration plate available for transfer. The director shall make temporary plates or permits available to registered dealers in this state in sets of ten plates or permits. The fee for the temporary permit or plate shall be seven dollars and fifty cents for each permit or plate issued. No dealer shall charge more than seven dollars and fifty cents for each permit issued. The permit or plate shall be valid for a period of twenty days from the date of issuance by the director of revenue to the purchaser of a motor vehicle or trailer, or from the date of sale of the motor vehicle or trailer by a dealer for which the purchaser obtains a permit or plate as set out above.

5. The permit or plate shall be issued on a form prescribed by the director and issued only for the applicant's use in the operation of the motor vehicle or trailer purchased to enable him to legally operate the vehicle while proper title and registration plate are being obtained, and shall be displayed on no other vehicle. [Commercial motor vehicles and trailers displaying a permit or paper plate issued under this section must be operated while empty except for its mounted equipment.] Permits or paper plates issued under this section shall not be transferable or renewable and shall not be valid upon issuance of proper registration plates for the motor vehicle or trailer. The director shall determine the size and numbering configuration, construction, and color of the permit and plate.

6. The dealer or authorized agent shall insert the date of issuance and expiration date, year, make, and manufacturer's number of vehicle on the paper plate or permit when issued to the buyer. The dealer shall also insert his dealer's number on the paper plate. Every dealer that issues a temporary permit or paper plate shall keep, for inspection of proper officers, a correct record of each permit or plate issued by him by recording the permit or plate number, buyer's name and address, year, make, manufacturer's number of vehicle on which the permit or plate is to be used, and the date of issuance."; and

Further amend the title and enacting clause accordingly.

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

Senator House offered SA 2:

SENATE AMENDMENT NO. 2

Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8, by inserting immediately following all of said line the following:

"226.955. 1. Any corridor map filed pursuant to sections 226.952 to 226.957 may be revised from time to time by filing with the same regulatory authorities and county recorders who received the prior corridor map, in the manner set forth in sections 226.952 to 226.957, certified copies of an amended corridor map indicating any changes to be made in the location of the highway corridor. In the event that the commission fails to initiate construction of the new or relocated highway which was to be located within the approved corridor within twelve years after the certified copy of the corridor map is filed under sections 226.952 to 226.957, the commission shall, in order to maintain the corridor, recertify such corridor in the manner prescribed in sections 226.950 to 226.957.

2. In order to enable the commission to acquire property to preserve a corridor for future highway construction under the provisions of sections 226.950 to 226.973, the commission shall not be required to file construction plans for the future highway with the county clerk's office as required by Missouri supreme court rule 86 or detail plans of the future highway construction with the county clerk as required by section 226.050, RSMo."; and

Further amend said bill by amending the title and enacting clause accordingly.

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

Senator Banks offered SA 3:

SENATE AMENDMENT NO. 3

Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8, by inserting immediately after said line, the following:

"227.022. The highways and transportation commission shall include the following streets of the city of St. Louis within the state highway system for the purposes of surface maintenance and repair only: Beginning at the city limits of St. Louis at Pine Lawn, thence in a southeasterly direction over what is known as Natural Bridge Avenue to Salisbury Street, thence in a northeasterly direction over what is known as Salisbury Street to Interstate 70. Beginning at the city limits of St. Louis at Wellston, thence in a southeasterly direction over what is known as Page Boulevard to Dr. Martin Luther King Drive, thence in a southeasterly direction over what is known as Dr. Martin Luther King Drive to Tucker Boulevard. Beginning at the east curb line of Tucker Boulevard, thence in a easterly direction over what is known as Cole Street to Interstate 70. Beginning at the city limits of St. Louis at Maplewood, thence in an easterly direction over what is known as Manchester Avenue to Chouteau Avenue, thence in an easterly direction over what is known as Chouteau Avenue to Tucker Boulevard. Beginning at the city limits of St. Louis at Shrewsbury, thence in a northeasterly direction over what is known as Chippewa Street to Marino Avenue. Beginning at the city limits of St. Louis at St. Louis County, thence in a northeasterly direction over what is known as Gravois Avenue to Tucker Boulevard. Beginning at the city limits of St. Louis at St. Louis County, thence in a northerly direction over what is known as Broadway to Seventh Boulevard, thence in a northerly direction over what is known as Seventh Boulevard to Park Avenue, thence in a northerly direction over what is known as Broadway to Riverview Boulevard. Beginning at the city limits of St. Louis at Wellston, thence in a southeasterly direction over what is known as Dr. Martin Luther King Drive to Page Boulevard. Beginning at Interstate 270 in the city of St. Louis, thence in a southerly direction over what is known as Riverview Drive to Riverview Boulevard, thence in a southerly direction over Riverview Boulevard to Interstate 70. Beginning at Gravois Avenue in the city of St. Louis, thence in a northerly direction over what is known as Kingshighway Boulevard to Interstate 70."; and

Further amend the title and enacting clause accordingly.

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

Senator Wiggins offered SA 4:

SENATE AMENDMENT NO. 4

Amend House Committee Substitute for House Bill No. 991, Page 9, Section 12, Line 10, by inserting immediately after said line, the following:

"Section 13. 1. Notwithstanding any other law to the contrary, the liability of any person owning or operating a special passenger train and any railroad corporation over whose tracks the special passenger train is operated, arising from a rail incident or accident occurring in the state and resulting from the operation of a special passenger train by the person or upon the person's tracks, shall not exceed ten million dollars for each claim, whether for compensatory or punitive damages.

2. This section shall not limit the liability of a person whose intentional misconduct causes a rail incident or accident.

3. The person operating a special passenger train shall maintain insurance coverage of not less than ten million dollars per occurrence with the person and the railroad corporation over whose tracks the special passenger train is operated, as named insureds. Such insurance shall not have a self-insured retention or deducible greater than one hundred thousand dollars. A person shall provide evidence of such coverage upon demand of the director of the department of insurance or by the railroad corporation over whose tracks the special passenger train is to be operated.

4. As used in this section, the following terms shall have the meanings given:

(1) "Person", an individual, partnership, corporation, association, institution, city, county or other political subdivision, authority, state agency or institution, or federal government agency or institution;

(2) "Railroad", a railroad as defined in section 386.020, RSMo;

(3) "Railroad corporation", a railroad corporation as defined in section 386.020, RSMo;

(4) "Special passenger train", a train which is engaged in the business of providing private or for-hire transportation of passengers at speeds which do not exceed thirty-five miles per hour over a railroad.

5. Nothing in this section shall be construed to require a railroad corporation to permit the operation of a special passenger train over its tracks."; and

Further amend the title and enacting clause accordingly.

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

Senator Johnson offered SA 5:

SENATE AMENDMENT NO. 5

Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8, by inserting immediately after said line the following:

"390.126. 1. No motor carrier shall operate any motor vehicle on any public highway in this state until after such carrier shall have filed with, and same has been approved by the division, a certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a liability insurance policy or bond in some reliable insurance company or association or other insurer satisfactory to the division and authorized to transact insurance business in this state, in such forms and upon such conditions as the division may deem necessary adequately to protect the interests of the public in the use of the public highways and with due regard to the number of persons and amount of property transported, which liability insurance shall bind the obligors thereunder to make compensation for injuries to persons and loss of or damage to property resulting from the negligent operation of such motor carrier; provided, that any motor carrier who shall furnish annually to the division, and at such other times as may be required, satisfactory proof and evidence of such carrier's financial ability to properly protect the interests of the public and pay compensation for injuries to persons and loss or damage to property, on account of or arising out of negligent operation of such carrier's business, shall not be required to furnish liability insurance policy or bond therefor.

2. No other or additional policies, bonds or licenses than those prescribed in this chapter shall be required of any motor carrier to which the provisions of this chapter apply by any city, town or other subdivision of the state[; provided, that] except as provided in this section. This section shall not be so construed as to interfere with the right of any county, city or other civil subdivision of the state, to levy and collect any property tax to which such motor carrier is liable under the general revenue laws of this state within such county, city or other civil subdivision wherein the property of such motor carrier may be subject to assessment and taxation.

3. Any city, county or airport authority, except a city not within a county or an airport authority associated with such city, may collect fees not to exceed seven dollars per trip from motor carriers engaged in commercial passenger operations upon the premises of any airport owned or operated by the city, county or airport authority. Nothing in chapter 390, RSMo, shall be construed to prevent the imposition and collection of such fees."; and

Further amend the title and enacting clause accordingly.

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

Senator Lybyer offered SA 6:

SENATE AMENDMENT NO. 6

Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8, by inserting immediately after said line, the following:

"226.200. 1. There is hereby created [and set up] a "State Highways and Transportation Department Fund" into which shall be paid or transferred all state revenue derived from highway users as an incident to their use or right to use the highways of the state, including all state license fees and taxes upon motor vehicles, trailers, and motor vehicle fuels, and upon, with respect to, or on the privilege of the manufacture, receipt, storage, distribution, sale or use thereof (excepting the sales tax on motor vehicles and trailers, and all property taxes), and all other revenue received or held for expenditure by or under the department of highways and transportation or the state highways and transportation commission, except:

(1) Money arising from the sale of bonds;

(2) Money received from the United States government; or

(3) Money received for some particular use or uses other than for the payment of principal and interest on outstanding state road bonds.

2. Subject to the limitations of subsections 3, 4 and 5 of this section, from said fund shall be paid or credited the cost:

(1) Of collection of all said state revenue derived from highway users as an incident to their use or right to use the highways of the state;

(2) Of maintaining the state highways and transportation commission;

(3) Of maintaining the state highways and transportation department;

(4) Of any workers' compensation for state highways and transportation department employees;

(5) Of the share of the highways and transportation department in any retirement program for state employees, only as may be provided by law; and

(6) Of administering and enforcing any state motor vehicle laws or traffic regulations.

3. For fiscal years prior to fiscal year 1993, the state highways and transportation department fund shall be reimbursed annually in an amount equal to the difference between the expenses incurred by state offices and departments for the purposes specified in sections 30(a) and 30(b) of article IV of the constitution and the total amount appropriated from the state highways and transportation department fund for fiscal year 1987 to such state offices and departments.

4. For fiscal year 1993, the state highways and transportation department fund shall be reimbursed on or before July 1, 1994, in an amount equal to the difference between the expenses incurred by state offices and departments during fiscal year 1993 for the purposes specified in sections 30(a) and 30(b) of article IV of the constitution and the total amount appropriated from the state highways and transportation department fund for fiscal year 1987 to such state offices and departments as adjusted under this subsection. For the purposes of calculating any reimbursement for fiscal year 1993, the total amount appropriated to such state offices and departments during fiscal year 1987 shall be increased or decreased by the percentage by which the total state revenues paid or transferred into the fund under subsection 1 of this section during fiscal year 1993 differs from the total state revenues paid or transferred into the fund during fiscal year 1992.

5. For fiscal year 1994 and for each fiscal year thereafter, the state highways and transportation department fund shall be reimbursed on or before the first day of the second succeeding fiscal year in an amount equal to the difference between the expenses incurred by state offices and departments during such fiscal year for the purposes specified in sections 30(a) and 30(b) of article IV of the constitution and the total amount appropriated from the state highways and transportation department fund for the preceding fiscal year to such state offices and departments as adjusted under this subsection. For the purposes of calculating any reimbursement under this subsection, the total amount appropriated to such state offices and departments during the previous fiscal year shall be increased or decreased by the percentage by which the total state revenues paid or transferred into the fund under subsection 1 of this section during such fiscal year exceeds the total state revenues paid or transferred into the fund during the preceding fiscal year.

6. The provisions of subsections 3, 4 and 5 of this section shall not apply to appropriations from the fund to the highways and transportation commission and department or to appropriations to the department of revenue for motor vehicle fuel tax refunds under chapter 142, RSMo, or to appropriations to the department of revenue for refunds or overpayments or erroneous payments from the state highways and transportation department fund.

7. All interest earned upon the state highways and transportation department fund [in excess of that amount which was earned by the state highways and transportation department fund in fiscal year 1991, which latter amount shall continue to be deposited in and to the credit of the general revenue fund,] shall be deposited in and to the credit of such fund and shall be included in the calculation of total state revenues under subsections 4 and 5 of this section.

8. Any balance remaining in said fund after payment of said costs shall be transferred to the state road bond and interest sinking fund.

9. Notwithstanding the provisions of subsection 2 of this section to the contrary, any funds raised as a result of increased taxation pursuant to sections 142.025 and 142.372, RSMo, after April 1, 1992, shall not be used for administrative purposes or administrative expenses of the highways and transportation department."; and

Further amend the title and enacting clause accordingly.

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

Senator McKenna offered SA 7:

SENATE AMENDMENT NO. 7

Amend House Committee Substitute for House Bill No. 991, Page 1, In the Title, Line 3, by deleting the word "sixteen" and inserting in lieu thereof the word "seventeen"; and

Further amend said bill, Page 1, Section A, Line 2, by deleting the word "sixteen" and inserting in lieu thereof the word "seventeen"; and

Further amend said bill, Page 1, Section A, Line 3, by adding the following: after "12", "13"; and

Further amend said bill, Page 9, Section 12, Line 10, by inserting immediately after said line the following:

"Section 13. 1. The department of highways and transportation shall not accept any bid for a public works project with an estimated cost in excess of one million dollars unless the department determines such bid is made by a contractor which satisfies the provisions of subsection 2 of this section.

2. The department of highways and transportation shall promulgate rules and regulations which determine a contractor's minimum qualifications necessary for the contractor's bid to be acceptable for a public works project in excess of one million dollars. The minimum qualifications shall determine the types of work and the maximum amount of work on which a contractor may submit a bid. The minimum qualifications shall be in regards to, but are not limited to, the following:

(1) The contractor's experience in performing the type of work project to be bid, including the construction experience of personnel necessary for the project;

(2) The contractor's ability to complete the work project to the satisfaction of the department and in a timely manner, including a listing of previous completed projects similar to the work project;

(3) An analysis of the contractor's most recent audited financial statement;

(4) The types of work the contractor is qualified to perform;

(5) The equipment the contractor has available for the project;

(6) The contractor's insurance coverage, including comprehensive general liability, worker's compensation and automobile coverages;

(7) The contractor's designation of a Missouri resident as its agent for the receipt of legal process; and

(8) The contractor's listing of all of its current projects in progress, including the value of the projects not yet completed and their completion dates.

3. Any contractor making a bid for a project with an estimated cost in excess of one million dollars shall provide information to the department necessary for a determination of minimum qualifications pursuant to subsection 2 of this section.

4. All information submitted by a contractor to the department relevant to a determination of minimum qualifications shall be confidential information as that term is defined pursuant to section 105.450, RSMo.

5. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.".

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

Senator Clay offered SA 8, which was read:

SENATE AMENDMENT NO. 8

Amend House Committee Substitute for House Bill No. 991, Page 2, Section 227.022, Line 12, by inserting after "70." the following: "Beginning in the City of Clayton at Interstate 170, thence in an easterly direction over what is known as Forest Park Parkway to Interstate 64.".

Senator Clay moved that the above amendment be adopted.

At the request of Senator Clay, SA 8 was withdrawn.

Senator Wiggins resumed the Chair.

Senator Ehlmann offered SA 9:

SENATE AMENDMENT NO. 9

Amend House Committee Substitute for House Bill No. 991, Page 1, In the Title, Line 2, by inserting immediately after "226.005," the following: "226.520,"; and further on lines 1-2, by striking the words "motor carriers" and inserting in lieu thereof the word "transportation"; and further on line 3, by striking the word "sixteen" and inserting in lieu thereof the word "seventeen"; and

Further amend said bill, page 1, section A, line 1, by inserting immediately after "226.005," the following: "226.520,"; and further on line 2, by striking the word "sixteen" and inserting in lieu thereof the word "seventeen"; and further on said line, by inserting immediately after "226.005," the following: "226.520,"; and

Further amend said bill, page 1, section 226.005, line 8, by inserting immediately after said line, the following:

"226.520. On and after March 30, 1972, no outdoor advertising shall be erected or maintained within six hundred sixty feet of the nearest edge of the right-of-way and visible from the main traveled way of any highway which is a part of the interstate or primary system in this state except the following:

(1) Directional and other official signs, including, but not limited to, signs pertaining to natural wonders, scenic and historical attractions, which are required or authorized by law, and which comply with regulations which shall be promulgated by department relative to their lighting, size, number, spacing and such other requirements as may be appropriate to implement sections 226.500 to 226.600, but such regulations shall not be inconsistent with, nor more restrictive than, such national standards as may be promulgated from time to time by the Secretary of the Department of Transportation of the United States, under subsection (c) of section 131 of Title 23 of the United States Code;

(2) Signs, displays, and devices advertising activities which are the primary activities conducted on the property upon which they are located, or services and products which are among the primary services and products therein provided;

(3) Outdoor advertising located in areas which are zoned industrial, commercial or the like as provided in sections 226.500 to 226.600 or under other authority of law;

(4) Outdoor advertising located in unzoned commercial or industrial areas as defined and determined pursuant to sections 226.500 to 226.600;

(5) Outdoor advertising for tourist oriented businesses, and scoreboards used in sporting events or other electronic signs with changeable messages which are not prohibited by federal regulations or local zoning ordinances. Outdoor advertising which is authorized by this subdivision (5) shall only be allowed to the extent that such outdoor advertising is not prohibited by Title 23, United States Code, section 131, as now or thereafter amended, and lawful regulations promulgated thereunder. The general assembly finds and declares it to be the policy of the state of Missouri that the tourism industry is of major and critical importance to the economic well-being of the state and that directional signs, displays and devices providing directional information about goods and services in the interest of the traveling public is essential to the economic welfare of the tourism industry. The general assembly further finds and declares that the removal of directional signs advertising tourist oriented businesses is harmful to the tourism industry in Missouri and that the removal of directional signs within or near areas of the state where there is high concentration of tourist oriented businesses would have a particularly harmful effect upon the economies within such areas. The state highways and transportation commission is authorized and directed to determine those specific areas of the state of Missouri in which there is high concentration of tourist oriented businesses, and within such areas, no directional signs, displays and devices which are lawfully erected, which are maintained in good repair, which provide directional information about goods and services in the interest of the traveling public, and which would otherwise be required to be removed because they are not allowed to be maintained under the provisions of sections 226.500 through 226.600 shall be required to be removed until such time as such removal has been finally ordered by the United States Secretary of Transportation;

(6) The provisions of this section shall not be construed to require removal of signs advertising churches or items of religious significance, items of native arts and crafts, woodworking in native products, or native items of artistic, historical, geologic significance, or hospitals or airports.".

Senator Ehlmann moved that the above amendment be adopted.

Senator Staples raised the point of order that SA 9 is out of order in that the amendment goes beyond the scope of the bill.

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

Senator Bentley offered SA 10:

SENATE AMENDMENT NO. 10

Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8, by inserting immediately after said line the following:

"226.525. The state highways and transportation commission is directed to erect within the right-of-way of all classes of highways within the state signs and notices pertaining to publicly and privately owned natural wonders and scenic and historical attractions under the following conditions:

(1) Such signs shall not violate any federal law, rule, or regulation affecting the allocation of federal funds to the state of Missouri or which violate any safety regulation formally promulgated by the state highways and transportation commission[.];

(2) Such official signs shall be limited in content to the name of the attraction and necessary travel information[.];

(3) Such signs shall be made available for any historical museum located within ten miles of a state or federal highway if such museum is open on a regular basis;

(4) The state highways and transportation commission shall determine those sites and attractions for which directional and other official signs may be erected as permitted by section 131 of Title 23, United States Code, which it deems of such importance as to justify such signing, using as a guide those publicly or privately owned natural wonders and scenic, historic, educational, cultural, or recreational sites which have been determined to be of general interest[.]; and

[(4)] (5) The state highways and transportation commission may require reimbursement for the cost of erection and maintenance of the official directional signs authorized hereunder when sites or attractions are privately owned by other than the state or political subdivisions. The state highways and transportation commission shall prescribe the size, number and locations of such signs based upon its determination of the travelers' need for directional information.

226.535. 1. Signs, displays, and devices giving specific information of interest to the traveling public shall be erected and maintained within the right-of-way in such areas, in an appropriate distance from interchanges on the interstate system as shall conform with the rules and regulations promulgated by the highway department. Such rules shall be consistent with national standards promulgated from time to time by the appropriate authority of the federal government, pursuant to Title 23, section 131, paragraph f, of the United States Code.

2. Any logo sign program providing business information for motorists which is operated by the highways and transportation commission shall provide signs displaying the following services:

(1) Gas;

(2) Food;

(3) Attractions;

(4) Lodging; and

(5) Camping;

subject to the requirements of federal law. The commission shall take any action necessary to establish signs displaying local attractions, including application with the Federal Highway Administration for an experimental sign program."; and

Further amend the title and enacting clause accordingly.

Senator Bentley moved that the above amendment be adopted.

Senator Klarich raised the point of order that SA 10 is out of order in that the amendment is outside the scope and purpose of the bill.

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

Senator Clay offered SA 11, which was read:

SENATE AMENDMENT NO. 11

Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8, by inserting after said line the following:

"227.023. The Highways and Transportation Commission shall include the following street within the state highway system for the purposes of surface maintenance and repair only: Beginning in the City of Clayton at Interstate 170, thence in an easterly direction over what is known as Forest Park Parkway to Interstate 64."; and

Further amend the title and enacting clause accordingly.

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

Senator Scott assumed the Chair.

Senator McKenna assumed the Chair.

Senator Flotron offered SA 12:

SENATE AMENDMENT NO. 12

Amend House Committee Substitute for House Bill No. 991, Page 9, Section 12, Line 10, by inserting immediately after said line the following:

"305.230. 1. The state highways and transportation commission shall administer an aeronautics program within this state. The state commission shall encourage, foster and participate with the political subdivisions of this state in the promotion and development of aeronautics. The state commission may provide financial assistance in the form of grants from funds appropriated for such purpose to any political subdivision of this state acting independently or jointly or to the owner or owners of any privately owned airport designated as a reliever by the Federal Aviation Administration for the planning, acquisition, construction, improvement or maintenance of airports, or for other aeronautical purposes.

2. Any political subdivision of this state or the owner or owners of any privately owned airport designated as a reliever by the Federal Aviation Administration receiving state funds for the purchase, construction, or improvement, except maintenance, of an airport shall agree before any funds are paid to it to control by ownership or lease the airport for a period equal to the useful life of the project as determined by the state commission following the last payment of state or federal funds to it. In the event an airport authority ceases to exist for any reason, this obligation shall be carried out by the governing body which created the authority.

3. Unless otherwise provided, grants to political subdivisions or to the owner or owners of any privately owned airport designated as a reliever by the Federal Aviation Administration shall be made from the aviation trust fund. The aviation trust fund is a revolving trust fund exempt from the provisions of section 33.080, RSMo, relating to the transfer of funds to the general revenue funds of the state by the state treasurer. All interest earned upon the balance in the aviation trust fund shall be deposited to the credit of the same fund.

4. The moneys in the aviation trust fund shall be administered by the state commission and, when appropriated, shall be used for the following purposes:

(1) As matching funds on an up to eighty percent state/twenty percent local basis, except in the case where federal funds are being matched, when the ratio of state and local funds used to match the federal funds shall be fifty percent state/fifty percent local:

(a) For preventive maintenance of runways, taxiways and aircraft parking areas, and for emergency repairs of the same;

(b) For the acquisition of land for the development and improvement of airports;

(c) For the earthwork and drainage necessary for the construction, reconstruction or repair of runways, taxiways, and aircraft parking areas;

(d) For the construction, or restoration of runways, taxiways, or aircraft parking areas;

(e) For the acquisition of land or easements necessary to satisfy Federal Aviation Administration safety requirements;

(f) For the identification, marking or removal of natural or manmade obstructions to airport control zone surfaces and safety areas;

(g) For the installation of runway, taxiway, boundary, ramp, or obstruction lights, together with any work directly related to the electrical equipment;

(h) For the erection of fencing on or around the perimeter of an airport;

(i) For purchase, installation or repair of air navigational and landing aid facilities and communication equipment;

(j) For engineering related to a project funded under the provisions of this section and technical studies or consultation related to aeronautics;

(k) For airport planning projects including master plans and site selection for development of new airports, for updating or establishing master plans and airport layout plans at existing airports;

(l) For the purchase, installation, or repair of safety equipment and such other capital improvements and equipment as may be required for the safe and efficient operation of the airport;

(2) As total funds, with no local match:

(a) For providing air markers, windsocks, and other items determined to be in the interest of the safety of the general flying public;

(b) For the printing and distribution of state aeronautical charts and state airport directories on an annual basis, and a newsletter on a quarterly basis or the publishing and distribution of any public interest information deemed necessary by the state commission;

(d) For the promotion of aerospace education.

5. The general assembly may appropriate to the aviation trust fund an amount not to exceed five million dollars in each fiscal year for the purposes of this section. If on January thirty-first of any year, the unobligated balance of the aviation trust fund exceeds five million dollars, no appropriation shall be made for the following fiscal year.

6. In the event of a natural or manmade disaster which closes any runway or renders inoperative any electronic or visual landing aid on an airport, any funds appropriated for the purpose of capital improvements or maintenance of airports may be made immediately available for necessary repairs once they are approved by the Missouri highway and transportation department. For projects designated as emergencies by the Missouri highway and transportation department, all requirements relating to normal procurement of engineering and construction services are waived."; and

Further amend the title and enacting clause accordingly.

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

Senator Flotron offered SA 13:

SENATE AMENDMENT NO. 13

Amend House Committee Substitute for House Bill No. 991, Page 9, Section 12, Line 10, by inserting immediately after said line, the following:

"Section 12. Any member of the Ancient Arabic Order, Nobles of the Mystic Shrine of North America (Shriners) living within the state of Missouri may receive special license plates as prescribed in this section after an annual payment of an emblem-use authorization fee to the Shrine temple to which the person is a member in good standing. The Shrine temple described in this section shall authorize the use of its official emblem to be affixed on multiyear personalized license plates as provided in this section. Any contribution to such Shrine temple derived from this section, except reasonable administrative costs, shall be contributed to the Shriners Hospitals for Crippled and Burned Children. Any member of such Shrine temple may annually apply to the temple for the use of the emblem.

2. Upon annual application and payment of a ten dollar emblem-use contribution to the Shrine temple, the temple shall issue to the vehicle owner, without further charge, an emblem-use authorization statement, which shall be presented by the member to the department of revenue at the time of registration of a motor vehicle. Upon presentation of the annual statement and payment of the fee required for personalized license plates in section 301.144, RSMo, and other fees and documents which may be required by law, the department of revenue shall issue a personalized license plate, which shall bear the emblem of the Shrine, to the vehicle owner.

3. The license plate authorized by this section shall be in a form as prescribed in section 301.129, RSMo, except that such license plates shall be made with fully reflective material with a common color scheme and design, shall be clearly visible at night, and shall be aesthetically attractive, as prescribed by section 301.130, RSMo.

4. A vehicle owner, who was previously issued a plate with the Shrine 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 Shrine 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 Flotron moved that the above amendment be adopted, which motion prevailed.

Senator Flotron offered SA 14:

SENATE AMENDMENT NO. 14

Amend House Committee Substitute for House Bill No. 991, Page 9, Section 12, Line 10, by inserting immediately after said line the following:

"Section 13. Any nonprofit organization connected with a global community project directed toward the year 2004 and designated by the governing body of a city not within a county or a county with a population of over nine hundred thousand may authorize the use of a "St. Louis 2004" official emblem described in this section to be affixed on personalized license plates as provided in this section. Any vehicle owner may annually apply to a designated nonprofit organization for the use of the emblem. Upon annual application and payment of a twenty-five dollar emblem-use contribution to any designated nonprofit organization, such nonprofit organization shall issue to the vehicle owner, without further charge, an "emblem-use authorization statement", which shall be presented by the vehicle owner to the department of revenue at the time of registration. Upon presentation of the emblem-use authorization statement and payment of the fee required for personalized license plates in section 301.144, and other fees and documents which may be required by law, the department of revenue shall issue a personalized license plate, which shall bear the "St. Louis 2004" emblem described in this section, to the vehicle owner. The emblem design shall be approved by the governing bodies of a city not within a county and any county with a population of over nine hundred thousand. Each such license plate shall be embossed with the words "ST. LOUIS 2004" at the bottom of the plate. The license plate authorized by this section shall be made with fully reflective material with a common color scheme and design approved by the advisory committee established in section 301.129. The plates shall be clearly visible at night and shall be aesthetically attractive, as prescribed by section 301.130. A vehicle owner, who was previously issued a plate with the emblem authorized by this section 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 prescribed 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. Any contribution to a designated nonprofit organization derived from this section may be used for any civic purpose deemed appropriate by the nonprofit organization."; and

Further amend the title and enacting clause accordingly.

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

Senator Singleton offered SA 15, which was read:

SENATE AMENDMENT NO. 15

Amend House Committee Substitute for House Bill No. 991, Page 9, Section 12, Line 10, by inserting after said line the following:

"Section 1. The portion of interstate highway 44 contained within a county of the first class having a population between ninety and one hundred thousand and bordering on the State of Kansas shall be designated as the "Congressman Gene Taylor Highway".".

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

On motion of Senator Staples, HCS for HB 991, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Kinder Klarich
Mathewson Maxwell McKenna Moseley
Mueller Quick Schneider Scott
Sims Staples Treppler Westfall
Wiggins--29

Nays--Senator Rohrbach--1

Absent--Senators
Lybyer Melton Russell Singleton--4

Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

Senator Johnson moved that HCS for HB 1099, with SCS, SA 2 and SSA 1 for SA 2 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SSA 1 for SA 2 was again taken up.

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

Senator Klarich offered SSA 2 for SA 2:

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

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1099, Page 21, Section 276.404, Line 2, by inserting immediately after said line, the following:

"(1) "Accredited Business Accountant", anyone who is accredited by the Accreditation Council for Accountancy, the educational credential area of the National Society of Public Accountants, or anyone who is enrolled to practice before the Internal Revenue Service;"; and

Further amend said section, by renumbering the remaining subdivisions accordingly; and

Further amend said bill, page 50, section 411.026, line 3, by inserting immediately after said line, the following:

Further amend said section, by renumbering the remaining subdivisions accordingly; and

Further amend said bill, page 27, Section 276.421, line 18, by deleting "or an independent accountant" and inserting in lieu thereof the following: "or an accredited business accountant"; and

Further amend said bill, page 60, Section 411.260, line 19 by inserting after the word "accountant", the following: "or an accredited business accountant".

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

SA 2 was again taken up.

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

Senator Johnson offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1099, Page 17, Section 266.200, Lines 53-58, by deleting all of said lines after "purchaser." on line 53.

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

Senator Melton offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1099, Page 18, Section 266.210, Lines 21-23, by deleting the following language: "If any prosecuting attorney refuses or fails to act on request of the director, the attorney general shall so act; however, no"; and substituting therefor the following: "The prosecuting attorney may refer the matter to the attorney general who shall act in the matter. No".

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

Senator Johnson moved that SCS for HCS for HB 1099, as amended, be adopted, which motion prevailed.

On motion of Senator Johnson, SCS for HCS for HB 1099, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Mathewson Maxwell
McKenna Melton Moseley Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senator Klarich--1

Absent--Senators
Curls Lybyer--2

Absent with leave--Senators--None

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

CONFERENCE COMMITTEE REPORTS

Senator Goode, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SS for SB 687, as amended, submitted the following conference committee report no. 4:

CONFERENCE COMMITTEE REPORT NO. 4

FOR HOUSE COMMITTEE SUBSTITUTE

FOR SENATE SUBSTITUTE FOR

SENATE BILL NO. 687

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Substitute for Senate Bill No. 687, as amended; 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 Substitute for Senate Bill No. 687, as amended;

2. That the Senate recede from its position on Senate Substitute for Senate Bill No. 687;

3. That the attached Conference Committee Substitute No. 4 for House Committee Substitute for Senate Substitute for Senate Bill No. 687, be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Wayne Goode /s/ Sheila Lumpe

/s/ David Klarich /s/ Rita D. Days

/s/ Mike Lybyer /s/ Timothy P. Green

/s/ Betty Sims /s/ Pat Secrest

/s/ John D. Schneider /s/ Emmy McClelland

Senator Goode moved that the above conference committee report no. 4 be adopted, which motion prevailed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senators
Curls Lybyer--2

Absent with leave--Senators--None

On motion of Senator Goode, CCS No. 4 for HCS for SS for SB 687, entitled:

CONFERENCE COMMITTEE SUBSTITUTE NO. 4

FOR HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 687

An Act to repeal sections 162.855, 162.860, 162.865, 162.870 and 162.910, RSMo 1994, relating to special school districts, and to enact in lieu thereof eleven new sections relating to the same subject, with an emergency clause.

Was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Scott Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senators
Curls Schneider--2

Absent with leave--Senators--None

The President declared the bill passed.

The emergency clause was adopted by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Rohrbach Russell
Schneider Scott Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senators
Curls Quick--2

Absent with leave--Senators--None

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

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

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

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred HCR 13, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Concurrent Resolution No. 13, Page 994, Senate Journal for May 7, 1996, Column 2, Lines 21-26 of such page, by striking all of said lines and inserting in lieu thereof the following: "Assembly, the Senate concurring therein, that a joint interim committee on the operation of the Metropolitan Sewer District be created to be composed of five members of the House, to be appointed by the Speaker of the House, and five members of the Senate, to be appointed by the President Pro Tem of the Senate, not more than three members from each house shall be residents of St. Louis County and not more than three members from each house shall be members of the same political party. Said committee shall".

On motion of Senator Banks, the Senate recessed for one hour.

RECESS

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

RESOLUTIONS

Senator Clay offered Senate Resolution No. 1389, regarding Norman J. Tice, St. Louis, which was adopted.

Senator Treppler offered Senate Resolution No. 1390, regarding Charles Matthew Amen, St. Louis County, which was adopted.

Senator Treppler offered Senate Resolution No. 1391, regarding Dr. Robert E. Rogers, which was adopted.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SS for SCS for SBs 795, 542 and 563, entitled:

An Act to repeal sections 137.073, 151.150, 163.011, 163.021, 163.031, 163.172, 164.073, 165.051, 168.500, 168.510, 168.515 and 168.520, RSMo 1994, and sections 163.025, 164.011 and 165.011, RSMo Supp. 1995, relating to state aid for public schools, and to enact in lieu thereof fifteen new sections relating to the same subject.

With House Amendment No. 1 to House Amendment No. 1, House Amendment No. 1, as amended, House Amendments Nos. 2 and 5, Part 2 of House Amendment No. 6, House Amendments Nos. 7 and 10.

HOUSE AMENDMENT NO. 1

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 795, 542 and 563, Page 30, Section 168.515, Line 101, by striking "under this section" and inserting in lieu thereof "pursuant to section 163.172, RSMo".

HOUSE AMENDMENT NO. 1 TO

HOUSE AMENDMENT NO. 1

Amend House Amendment No. 1 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 795, 542 and 563, Page 28, Section 168.515, Line 12, by inserting after all of said line the following: "All teachers within each stage within the same school district shall receive equal salary supplements."; and

Further amend said substitute, page 30, section 168.515, line 101, by inserting after all of said line the following:

"9. Beginning in the 1996-97 school year, for any teacher who participated in the career program in the 1995-96 school year, continues to participate in the program thereafter, and remains qualified to receive career pay pursuant to section 168.510, RSMo, the state's share of the teacher's salary supplement shall continue to be the percentage paid by the state in the 1995-96 school year, notwithstanding any provisions of subsection 4 of this section to the contrary, and the state shall continue to pay such percentage of the teacher's salary supplement until any of the following occurs:

(1) The teacher ceases his or her participation in the program: or

(2) The teacher suspends his or her participation in the program for any school year after the 1995-96 school year. If the teacher later resumes participation in the program, the state funding shall be subject to the provisions of subsection 4 of this section.".

HOUSE AMENDMENT NO. 2

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 795, 542 & 563, Page 19, Section 163.172, Line 45, by striking "three" and inserting in lieu thereof "two"; and

Further amend said substitute, page 19, section 163.172, line 46, by inserting after all of said line the following:

"8. For any school year in which a school district receives funds pursuant to subsections 6 and 7 of this section, such school district shall continue to expend on teacher salaries no less than the amount it expended on teacher salaries in the school year immediately prior to the school year in which it first receives such funds.

9. No school district receiving funds pursuant to subsections 6 and 7 of this section shall receive additional funds pursuant to subsection 6 of this section by virtue of the annexation of another school district to such school district during or after the school year immediately prior to the school year in which the annexing district first receives such funds; nor shall any school district annexed to a school district receiving funds pursuant to subsections 6 and 7 of this section also receive funds pursuant to subsection 6 of this section by virtue of such annexation if such annexation occurred during or after the school year immediately prior to the school year in which the annexing school district first receives such funds.".

HOUSE AMENDMENT NO. 5

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 795, 542 and 563, Page 13, Section 163.031, Line 15, by inserting after the word "tax" the following: ", except that any penalty paid after July 1, 1995, by a concentrated animal feeding operation as defined by the department of natural resources rule shall not be included".

PART 2 OF HOUSE AMENDMENT NO. 6

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 795, 542 and 563, Page 24, Section 165.016, Line 8, by inserting after the word "section" the following:

"; except that, for any school district experiencing, over a period of three consecutive years, an average yearly increase in average daily attendance of at least three percent, the base school year certificated salary percentage may be the two year average percentage of the last two years of such period of three consecutive years, at the discretion of the school district.".

HOUSE AMENDMENT NO. 7

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 795, 542 & 563, Page 24, Section 165.011, Line 127, by inserting immediately after the word "schools." the following: "A school district with a levy for school purposes no greater than the minimum levy specified in section 163.021, RSMo, and an obligation in the capital projects fund that satisfies at least one of the conditions specified in subsection 6 of this section, may transfer from the incidental fund to the capital projects fund the amount necessary to meet the obligation plus the transfers pursuant to subsection 4 of this section.".

HOUSE AMENDMENT NO. 10

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 795, 542 and 563, Page 24, Section 165.016, Lines 8 through 10, by striking all of said lines and inserting in lieu thereof "under subsection 3 of this section."; and

Further amend said bill, page 25, section 165.016, line 43, by inserting after all of said line the following:

"7. The provisions of this section shall not apply to any district receiving state aid pursuant to subsection 6 of section 163.031, RSMo, based on its 1992-93 payment amount per eligible pupil, which is less than 50% of the statewide average payment amount per eligible pupil paid during the previous year.".

In which the concurrence of the Senate is respectfully requested.

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 HCS for SB 914 and has taken up and passed HCS for SB 914 as amended by the Conference Committee Report.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SA 1, SA 2 to HS for HB 832 and request the Senate to recede from its position 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 House has adopted HPA 1 to SA 1 but refuses to concur in SA 1 as amended, SA 2, SA 3, SA 4 to HCS for HB 781 and request the Senate to recede from its position or failing to do so grant the House a conference.

HOUSE PERFECTING AMENDMENT NO. 1

Amend Senate Amendment No. 1 to House Committee Substitute for House Bill 781, published in the 5/6/96 Journal of the House, Page 20, Line 1, by deleting the word "means" and inserting in lieu thereof the word "meals".

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 777.

Bill ordered enrolled.

PRIVILEGED MOTIONS

Senator DePasco moved that the Senate refuse to recede from its position on SA 1 and SA 2 to HS for HB 832 and grant the House a conference thereon, which motion prevailed.

Senator Maxwell moved that SS for SCS for SBs 795, 542 and 563, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SS for SCS for SBs 795, 542 and 563, as amended, entitled:

Was taken up.

Senator Maxwell moved that HCS for SS for SCS for SBs 795, 542 and 563, as amended, be adopted, which motion prevailed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Schneider Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senator Russell--1

Absent--Senator Curls--1

Absent with leave--Senators
Scott--1

Senator Wiggins resumed the Chair.

Senator Johnson assumed the Chair.

President Pro Tem Mathewson assumed the Chair.

On motion of Senator Maxwell, HCS for SS for SCS for SBs 795, 542 and 563, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Schneider
Sims Singleton Staples Treppler
Westfall Wiggins--30

Nays--Senator Russell--1

Absent--Senators
Clay Lybyer--2

Absent with leave--Senator Scott--1

The President Pro Tem declared the bill passed.

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

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

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

Bill ordered enrolled.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and HB 1473, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

CONFERENCE COMMITTEE REPORTS

Senator Quick, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 676, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 676

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Committee Substitute for Senate Bill No. 676, 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. 676;

2. That the attached Conference Committee Amendment No. 1 to Senate Bill No. 676 be adopted;

3. That Senate Bill No. 676 with Conference Committee Amendment No. 1 be truly agreed and finally passed.

FOR THE SENATE: FOR THE HOUSE:

/s/ Ed Quick /s/ Phil Smith

/s/ Irene Treppler /s/ Jim Sears

/s/ Ronnie DePasco /s/ Joe Clay Crum

/s/ Marvin Singleton Carson Ross

/s/ Harold L. Caskey Fred Pouche

CONFERENCE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 676, Page 1, Section 96.196, Line 1, by inserting after the number "96.196." the number "1."; and

Further amend said bill, Page 1, Section 96.196, Line 8, by inserting after all of said line the following:

"2. If a hospital organized pursuant to this chapter accepts appropriated funds from the city during the twelve months immediately preceding the date that the hospital purchases, operates or leases it first related facility outside the city boundaries or engages in its first health care activity outside the city boundaries, the governing body of the city shall approve the hospital's plan for such purchase, operation or lease prior to implementation of the plan."; and

Further amend said bill, Page 8, Section 206.157, Line 42, by deleting the word "court" and inserting in lieu thereof the words "county commission".

Senator Quick moved that the above conference committee report be adopted, which motion prevailed by the following vote:

Yeas--Senators
Banks Bentley Caskey Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senator Clay--1

Absent with leave--Senator Scott--1

On motion of Senator Quick, SB 676, as amended by the conference committee report, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Curls
DePasco Ehlmann Goode Graves
House Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Schneider Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Clay Flotron--2

Absent with leave--Senator Scott--1

The President Pro Tem declared the bill passed.

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

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

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

HOUSE BILLS ON THIRD READING

At the request of Senator McKenna, HCS for HBs 844 and 1059, with SCS, was placed on the Informal Calendar.

HB 905, with SCA 1, introduced by Representative Rizzo, et al, entitled:

An Act to create chapter 617, RSMo, by enacting six new sections relating to the creation of a department of aging, with a contingent effective date.

Was taken up by Senator DePasco.

SCA 1 was taken up.

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

Senator DePasco offered SA 1:

SENATE AMENDMENT NO. 1

Amend House Bill No. 905, Page 2, Section 617.001, Line 13, by inserting immediately after "RSMo." the following: "Appropriations for the department of aging shall be determined in the same appropriations bill as the department of social services."; and

Further amend said bill, page 2, section 617.007, lines 4-5, by striking all of said lines after "people."; and

Further amend said section, line 8, by striking the following words "not be considered in the total staff"; and inserting in lieu thereof, the following: be appropriate additions to the staff"; and further amend line 8, by striking the word "people" and inserting in lieu of the following: "full-time employees. Full-time employees approved by fiscal note prior to August 28, 1996, are appropriate additions to the staff number limit of seven hundred and twenty-five full-time employees.".

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

Senator Sims offered SA 2:

SENATE AMENDMENT NO. 2

Amend House Bill No. 905, Page 1, In the Title, Lines 2-3, by striking all of said lines and inserting in lieu thereof, the following: "To repeal sections 197.305 and 344.030, RSMo 1994, relating to the care of the elderly, and to enact in lieu thereof nine new sections relating to the same subject, with a contingent effective date for certain sections."; and

Further amend said bill, page 1, Section A, lines 1-2, by striking all of said lines and inserting in lieu thereof the following:

"Section A. Sections 197.305 and 344.030, RSMo 1994, and section 197.316, RSMo Supp. 1995, are repealed and nine new sections enacted in lieu thereof, to be known as sections 197.305, 197.316, 344.030, 617.001, 617.002, 617.003, 617.005, 617.007 and 617.009, to read as follows:

197.305. As used in sections 197.300 to 197.365, the following terms mean:

(1) "Affected persons", the person proposing the development of a new health care service, the public to be served, the health systems agency and health care facilities within the service area in which the proposed new health care service is to be developed;

(2) "Agency", the state health planning and development agency of the Missouri department of health;

(3) "Capital expenditure", an expenditure by or on behalf of a health care facility which, under generally accepted accounting principles, is not properly chargeable as an expense of operation and maintenance;

(4) "Certificate of need", a written certificate issued by the committee setting forth the committee's affirmative finding that a proposed project sufficiently satisfies the criteria prescribed for such projects by sections 197.300 to 197.365;

(5) "Develop", to undertake those activities which on their completion will result in the offering of a new institutional health service or the incurring of a financial obligation in relation to the offering of such a service;

(6) "Expenditure minimum", six hundred thousand dollars in the case of capital expenditures, or four hundred thousand dollars in the case of major medical equipment and new institutional health services as described in subdivision (11), paragraphs (a), (b), (c), (d), (e), (f), and (g), unless such sum exceeds federal regulations;

(7) "Health care facilities", hospitals, health maintenance organizations, tuberculosis hospitals, psychiatric hospitals, professional nursing facilities, practical nursing facilities, residential care facilities I and II, kidney disease treatment centers, including free standing hemodialysis units, and ambulatory surgical facilities, but excluding the private offices of physicians, dentists and other practitioners of the healing arts, and Christian Science sanatoriums [operated or], also known as Christian Science Nursing facilities listed and certified by [the First Church of Christ, Scientist, Boston, Massachusetts,] the Commission for Accreditation of Christian Science Nursing Organization/Facilities, Inc., and facilities of not for profit corporations in existence on October 1, 1980, subject either to the provisions and regulations of section 302 of the Labor-Management Relations Act, 29 U.S.C. 186 or the Labor-Management Reporting and Disclosure Act, 29 U.S.C. 401-538, and any residential care facility I or residential care facility II [operated by a religious organization qualified under section 501(c)(3) of the federal Internal Revenue Code, as amended,] which does not require the expenditure of public funds for purchase or operation[, with a total licensed bed capacity of one hundred beds or fewer];

(8) "Health service area", a geographic region appropriate for the effective planning and development of health services, determined on the basis of factors including population and the availability of resources, consisting of a population of not less than five hundred thousand or more than three million;

(9) "Health systems agency", a regional health planning agency established pursuant to PL 93-641 and, after December 31, 1981, in accordance with section 1512(b)(1)(B) thereof;

(10) "Major medical equipment", medical equipment used for the provision of medical and other health services;

(11) "New institutional health service":

(a) The development of a new health care facility;

(b) The acquisition, including acquisition by lease, of any health care facility, or major medical equipment costing in excess of the expenditure minimum;

(d) Predevelopment activities as defined in subdivision (14) hereof costing in excess of one hundred fifty thousand dollars;

(e) Any change in licensed bed capacity of a health care facility which increases the total number of beds by more than ten or more than ten percent of total bed capacity, whichever is less, over a two-year period;

(f) Health services, excluding home health services, which are offered in a health care facility and which were not offered on a regular basis in such health care facility within the twelve-month period prior to the time such services would be offered;

(g) A reallocation by an existing health care facility of licensed beds among major types of service or reallocation of licensed beds from one physical facility or site to another by more than ten beds or more than ten percent of total licensed bed capacity, whichever is less, over a two-year period;

(12) "Nonsubstantive projects", projects which do not involve the addition, replacement, modernization or conversion of beds or the provision of a new health service but which include a capital expenditure which exceeds the expenditure minimum and are due to an act of God or a normal consequence of maintaining health care services, facility or equipment;

(13) "Person", any individual, trust, estate, partnership, corporation, including associations and joint stock companies, state or political subdivision or instrumentality thereof, including a municipal corporation;

(14) "Predevelopment activities", expenditures for architectural designs, plans, working drawings and specifications, and any arrangement or commitment made for financing; but excluding submission of an application for a certificate of need.

344.030. 1. An applicant for an initial license shall file a completed application with the board on a form provided by the board, accompanied by an application fee of one hundred dollars payable to the director of revenue. Information provided in the application shall be given under oath subject to the penalties for making a false affidavit.

2. No initial license shall be issued to a person as a nursing home administrator unless:

(1) The applicant provides the board satisfactory proof that [he] the applicant is twenty-one years of age or over, of good moral character and a high school graduate or equivalent;

(2) The applicant provides the board satisfactory proof that [he] the applicant has had a minimum of three years' experience in health care administration or two years of postsecondary education in health care administration or has satisfactorily completed a course of instruction and training prescribed by the board, which includes instruction in the needs properly to be served by nursing homes, the protection of the interests of residents therein, and the elements of good nursing home administration, or has presented evidence satisfactory to the board of sufficient education, training, or experience in the foregoing fields to administer, supervise and manage a nursing home; and

(3) The applicant passes the written examination administered by the board. If an applicant fails to make a passing grade on the examination [he] the applicant may make application for reexamination on a form furnished by the board and may be retested at the next regularly scheduled examination. If an applicant fails the examination a third time, [he] the applicant shall be required to complete a course of instruction prescribed and approved by the board before [he] the applicant may reapply for examination. There shall be a separate, nonrefundable fee for each examination. The board shall set the amount of the fee for examination by rules and regulations promulgated pursuant to section 536.021, RSMo. The fee shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering the examination.

3. The board may issue a license through reciprocity to any person who is regularly licensed as a nursing home administrator in any other state, territory, or the District of Columbia, if the regulations for securing such license are equivalent to those required in the state of Missouri. However, no license by reciprocity shall be issued until the applicant passes a special examination approved by the board, which will examine the applicant's knowledge of specific provisions of Missouri statutes and regulations pertaining to nursing homes. The applicant shall furnish satisfactory evidence that [he] such applicant is of good moral character and has acted in the capacity of a nursing home administrator in such state, territory, or the District of Columbia, at least one year after the securing of the license. The board, in its discretion, may enter into written reciprocal agreements pursuant to this section with other states which have equivalent laws and regulations.

4. Nothing in sections 344.010 to 344.100, or the rules or regulations thereunder shall be construed to require an applicant for a license as a nursing home administrator, who is [certified by a recognized church or religious denomination which teaches reliance on spiritual means alone for healing, as having been approved] employed by an institution listed and certified by the Commission for Accreditation of Christian Science Nursing Organizations/Facilities, Inc. to administer institutions certified by such [church or denomination] commission for the care and treatment of the sick in accordance with [its teachings] the creeds or tenets of a recognized church or religious denomination, to demonstrate proficiency in any techniques or to meet any educational qualifications or standards not in accord with the remedial care and treatment provided in such institutions. [His] The applicant's license shall be endorsed to confine [his] the applicant's practice to such institutions.

5. The board may issue a temporary emergency license for a period not to exceed ninety days to a person twenty-one years of age or over, of good moral character and a high school graduate or equivalent to serve as an acting nursing home administrator, provided [he] such person is replacing a licensed nursing home administrator who has died, has been removed or has vacated [his] the nursing home administrator's position. No temporary emergency license may be issued to a person who has had a nursing home administrator's license denied, suspended or revoked. A temporary emergency license may be renewed for one additional ninety-day period upon a showing that the person seeking the renewal of a temporary emergency license meets the qualifications for licensure and has filed an application for a regular license, accompanied by the application fee, and the examination has not yet been given. No temporary emergency license may be renewed more than one time."; and

Further amend said bill, page 2, Section B, line 1, by striking the word "This" and inserting in lieu thereof the following: "Sections 617.001, 617.002, 617.003, 617.005, 617.007 and 617.009 of this".

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

Senator Kenney offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend House Bill No. 905, Page 3, Section 617.009, Line 14, by inserting after said line the following:

"Section 1. Until such time as the voters approve the creation of a department of aging, the governor shall provide all privileges accorded to department directors to the director of the Division of Aging."; and

Further amend the title and enacting clause accordingly.

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

SA 3 failed of adoption by the following vote:

Yeas--Senators
Bentley Ehlmann Flotron Graves
Kenney Kinder Klarich Melton
Mueller Rohrbach Russell Sims
Singleton Treppler Westfall--15

Nays--Senators
Banks Caskey Curls DePasco
Goode House Howard Johnson
Lybyer Mathewson Maxwell McKenna
Moseley Quick Schneider Staples
Wiggins--17

Absent--Senator Clay--1

Absent with leave--Senator Scott--1

On motion of Senator DePasco, HB 905, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Caskey Curls DePasco
Goode House Howard Johnson
Lybyer Mathewson Maxwell McKenna
Moseley Quick Russell Schneider
Staples Treppler Westfall Wiggins--20

Nays--Senators
Bentley Ehlmann Flotron Graves
Kenney Kinder Klarich Melton
Mueller Rohrbach Sims Singleton--12

Absent--Senator Clay--1

Absent with leave--Senator Scott--1

The President declared the bill passed.

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

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

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

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HS for HB 832, as amended: Senators DePasco, McKenna, Staples, Treppler and Bentley.

PRIVILEGED MOTIONS

Senator Flotron moved that the Senate refuse to recede from its position on SAs 1, 2, 3 and 4 to HCS for HB 781 and grant the House a conference thereon, which motion prevailed.

HOUSE BILLS ON THIRD READING

Senator Moseley moved that HS for HCS for HBs 1301 and 1298, with SCS, SA 18 and SSA 1 for SA 18 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SSA 1 for SA 18 was again taken up.

Senator Caskey moved that the above substitute amendment be adopted.

Senator Ehlmann offered SPA 1 to SSA 1 for SA 18:

SENATE PERFECTING AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 18

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 18 to Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 1046 of the Senate Journal for May 8, 1996, Line 8 of column 1, by inserting immediately after the word "lines", the following: "and inserting in lieu thereof the following: "The department shall use data provided under this section and other necessary data to establish standards for graduation rate and dropout

rate which shall include, at a minimum, that a school's one year dropout rate be no greater than ten percent and that a school's graduation rate be no less than sixty percent. The department shall annually determine whether a school was in compliance with the graduation rate and dropout rate school standards established under this section. The department shall use data provided under this section and other necessary data to establish standards for safe schools. The department shall annually determine whether a school was in compliance with the safe school standards established under this section. The parent or guardian or a pupil, if over eighteen years of age, resident in a district and assigned to attend a school which was determined by the department to be out of compliance with the graduation rate and dropout rate standards established under this section or out of compliance with the safe school standards established under this section, or has been declared academically deficient pursuant to section 160.538, RSMo, for the preceding year may choose, upon providing written notice to the district of residence and the district to be attended, for such pupil to attend another public school within any district in the same county or an adjoining county, provided that such other school was in compliance with the graduation rate and dropout rate standards established under this section and the safe school standards established under this section for the preceding year. The district of residence shall pay tuition to the district attended if a school in another district is attended and shall provide for transportation of the pupil."; and

Further amend said bill, page 7, section 160.261, line 200, by inserting immediately after said line, the following:

"160.514. 1. By rule and regulation, and consistent with the provisions contained in section 160.526, RSMo, the state board of education shall adopt no more than seventy-five academic performance standards which establish the knowledge, skills and competencies necessary for students to successfully advance through the public elementary and secondary education system of this state; lead to or qualify a student for high school graduation; prepare students for postsecondary education or the workplace or both; and are necessary in this era to preserve the rights and liberties of the people. The academic performance standards shall not be construed or treated as replacing any previously established standards for acceptable mastery of basic knowledge, and the standards and assessments shall set out the levels of expertise required to be mastered before the student advances to mastery of the higher-level skills set out elsewhere in the standards. The standards shall neither require nor advocate a particular curriculum, teaching method or educational philosophy, and these curricula, methods and philosophies shall remain local decisions.

2. The state board of education shall convene work groups composed of education professionals to develop and recommend academic performance standards. Separate work groups composed of professionals with appropriate expertise shall be convened for each subject area listed in section 160.518. Active classroom teachers shall constitute the majority of each work group. Teachers serving on such work groups shall be selected by professional teachers' organizations of the state. Additional teachers who are not members of such organizations may serve by appointment of the state board of education.

3. The state board of education shall develop written curriculum frameworks that may be used by school districts. Such curriculum frameworks shall incorporate the academic performance standards adopted by the state board of education pursuant to subsection 1 of this section. The curriculum frameworks shall provide guidance to school districts but shall not be mandates for local school boards in the adoption or development of written curricula as required by subsection 4 of this section.

4. Not later than one year after the development of written curriculum frameworks pursuant to subsection 3 of this section, the board of education of each school district in the state shall adopt or develop a written curriculum designed to ensure that students attain the knowledge, skills and competencies established pursuant to subsection 1 of this section. Such knowledge, skills and competencies shall be considered the minimum level, and school districts are encouraged, where appropriate, to require additional knowledge, skills and competencies. Nothing in this chapter shall be construed to require or encourage a school district to reduce or eliminate programs, courses and curricula for gifted students. Local school boards are encouraged to adopt or develop curricula that are rigorous and ambitious and may, but are not required to, use the curriculum frameworks developed pursuant to subsection 3 of this section. Nothing in this section or this act shall prohibit school districts, as determined by local boards of education, to develop or adopt curricula that provide for academic standards in addition to those identified by the state board of education pursuant to subsection 1 of this section.

160.518. 1. Consistent with the provisions contained in section 160.526, the state board of education shall develop a uniform statewide assessment system that provides uniform minimum levels of performance while allowing maximum flexibility for local school districts to determine the degree to which students in the public schools of the state are proficient in the knowledge, skills and competencies adopted by such board pursuant to subsection 1 of section 160.514. The statewide assessment system shall assess basic knowledge, problem solving, analytical ability, evaluation, creativity and application ability in the different content areas, [and] shall be [performance-based] objective and verifiable to identify what students know, [as well as what they] shall be performance-based to identify what students are able to do, and shall enable teachers to evaluate actual academic performance in terms of individual academic grading rather than any form of group grading. The assessment system shall neither promote nor prohibit rote memorization [and shall not include existing versions of tests approved for use pursuant to the provisions of section 160.257, nor enhanced versions of such tests]. The statewide assessment shall measure, where appropriate by grade level and subject matter, a student's knowledge of academic subjects including, but not limited to, reading skills, writing skills, memorization skills, grammatical skills, spelling skills, mathematics skills, world and American history, forms of government, geography and science and shall require and measure diligent attempts to answer objective questions.

2. The assessment system shall only permit the academic performance of students in each school in the state to be tracked against prior academic performance in the same school.

3. The state board of education shall suggest criteria for a school to demonstrate that its students learn the knowledge, skills and competencies at exemplary levels worthy of imitation by students in other schools in the state and nation. "Exemplary levels" shall be measured by the assessment system developed pursuant to subsection 1 of this section, or until said assessment is available, by indicators approved for such use by the state board of education. The provisions of other law to the contrary notwithstanding, the commissioner of education may, upon request of the school district, present a plan for the waiver of rules and regulations to any such school, to be known as "Outstanding Schools Waivers", consistent with the provisions of subsection 4 of this section.

4. For any school that meets the criteria established by the state board of education for three successive school years pursuant to the provisions of subsection 3 of this section, by August first following the third such school year, the commissioner of education shall present a plan to the superintendent of the school district in which such school is located for the waiver of rules and regulations to promote flexibility in the operations of the school and to enhance and encourage efficiency in the delivery of instructional services. The provisions of other law to the contrary notwithstanding, the plan presented to the superintendent shall provide a summary waiver, with no conditions, for the pupil testing requirements pursuant to section 160.257, in the school. Further, the provisions of other law to the contrary notwithstanding, the plan shall detail a means for the waiver of requirements otherwise imposed on the school related to the authority of the state board of education to classify school districts pursuant to subdivision (9) of section 161.092, RSMo, and such other rules and regulations as determined by the commissioner of education, excepting such waivers shall be confined to the school and not other schools in the district unless such other schools meet the criteria established by the state board of education consistent with subsection 3 of this section and the waivers shall not include the requirements contained in this section and section 160.514. Any waiver provided to any school as outlined in this subsection shall be void on June thirtieth of any school year in which the school fails to meet the criteria established by the state board of education consistent with subsection 3 of this section.

160.526. 1. In establishing the academic standards authorized by subsection 1 of section 160.514 and the statewide assessment system authorized by subsection 1 of section 160.518, the state board of education shall consider the work that has been done by other states, recognized regional and national experts, professional education discipline-based associations and other professional education associations. Further, in establishing the academic standards and statewide assessment system, the state board of education [shall adopt the work that has been done by consortia of other states and], subject to appropriations, may contract with [such] consortia of other states to implement the provisions of sections 160.514 and 160.518.

2. The state board of education shall, by contract enlist the assistance of such national experts, as approved by the commission established pursuant to section 160.510, to receive reports, advice and counsel on a regular basis pertaining to the validity and reliability of the statewide assessment system. The reports from such experts shall be received by the commission, which shall make a final determination concerning the reliability and validity of the statewide assessment system. Within six months prior to implementation of the statewide assessment system, the commissioner of education shall inform the president pro tempore of the senate and the speaker of the house about the procedures to implement the assessment system, including a report related to the reliability and validity of the assessment instruments, and the general assembly may, within the next thirty legislative days, veto such implementation by concurrent resolution adopted by majority vote of both the senate and the house of representatives.

3. The commissioner of education shall establish a procedure for the state board of education to regularly receive advice and counsel from professional educators at all levels in the state, district boards of education, parents, representatives from business and industry, and labor and community leaders pertaining to the implementation of sections 160.514 and 160.518. The procedure shall include, at a minimum, the appointment of ad hoc committees and shall be in addition to the advice and counsel obtained from the commission pursuant to section 160.510.

160.538. 1. By July 1, 1996, the state board of education shall develop a procedure and criteria for determining that a school in a school district is "academically deficient". In making such a determination for any school, the state board of education shall consider the results for the school from the assessment system developed pursuant to the provisions of section 160.518 together with the results from the education audit performed under subsection 2 of this section.

2. (1) Prior to a decision that a school is academically deficient, the state board of education shall appoint an audit team of at least ten persons to conduct an education audit of the school to determine the factors that have contributed to the lack of student achievement at the school as measured by the district assessment system and make a finding as to whether the school is academically deficient. The specific standards and implementation of the education audit shall be pursuant to rules adopted by the state board of education.

(2) The audit team shall report its findings to the state board. If the audit team finds that the school is academically deficient, then the state board shall declare the school to be academically deficient.

(3) Following a decision that a school is academically deficient, the state board of education shall, within sixty days, appoint a management team of at least ten persons to conduct any necessary investigations and make any recommendations the team believes are appropriate for the administration and management of the school necessary to promote student ac

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	Graves	House	Howard
Johnson	Kenney	Kinder	Klarich
Lybyer	Mathewson	Maxwell	McKenna
Melton	Moseley	Mueller	Quick
Rohrbach	Russell	Schneider	Scott
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--30

	Absent with leave--Senators--None

	The Lieutenant Governor was present.