SENATE JOURNAL - SEVENTY-FIFTH DAY--THURSDAY, MAY 16, 1996

Journal of the Senate

SECOND REGULAR SESSION

SEVENTY-FIFTH DAY--THURSDAY, MAY 16, 1996

The Senate met pursuant to adjournment.

President Pro Tem Mathewson in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, the apostle Paul admonished his friends in Galatia, "Let us not be weary in well doing." At this time of year we grow weary and the temptation is to either give in or give up. We pray for strength and wisdom to see us through until the job is done. We ask that You be with us. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal of the previous day was read and approved.

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

Present--Senators
Banks Bentley Caskey 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

Absent with leave--Senators--None

The Lieutenant Governor was present.

CONCURRENT RESOLUTIONS

Senator Banks moved that HCR 13, with SCA 1, be taken up for adoption, which motion prevailed.

SCA 1 was taken up.

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

On motion of Senator Banks, HCR 13, as amended, was adopted by the following vote:

Yeas--Senators
Banks Caskey Clay DePasco
Ehlmann Flotron Goode Johnson
Kenney Kinder Lybyer Mathewson
Maxwell McKenna Melton Moseley
Quick Rohrbach Russell Sims
Singleton Staples Treppler Westfall
Wiggins--25

Nays--Senators--None

Absent--Senators
Bentley Curls Graves Howard
Klarich Mueller Schneider--7

Absent with leave--Senators
House Scott--2

Senator Maxwell moved that HCR 10 be taken up for adoption, which motion prevailed.

On motion of Senator Maxwell, HCR 10 was adopted by the following vote:

`
Yeas--Senators
Banks Caskey Clay Curls
DePasco Ehlmann Flotron Goode
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Melton Moseley Quick
Rohrbach Russell Sims Singleton
Staples Treppler Westfall Wiggins--28

Nays--Senators--None

Absent--Senators
Bentley Graves Schneider--3

Absent with leave--Senators
House Mueller Scott--3

RESOLUTIONS

Senator Ehlmann moved that SR 1400 be taken up for adoption, which motion prevailed.

On motion of Senator Ehlmann, SR 1400 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 SB 500.

With House Amendment No. 1.

HOUSE AMENDMENT NO. 1

Amend Senate Bill No. 500, Page 1, Section 136.400, Line 5, by inserting after the word "refunded" the following:

"and certify annually to the general assembly an itemized list and definition of all sources and dollar amounts of total state revenue. Once a source of revenue has been certified as total state revenue by the office of administration, such source shall remain total state revenue in subsequent years unless the source in subsequently excluded from total state revenue pursuant to Article X, section 18 (c) of the Missouri constitution. The amount of excess revenue to be refunded is subject to appeal according to Article X, section 23 of the Missouri constitution".

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 passed SCS for SB 719.

With House Committee Amendment No. 1, House Amendments Nos. 1 and 2.

HOUSE COMMITTEE AMENDMENT NO. 1

Amend SCS/Senate Bill No. 719, Page 1, Section Title, Line 3-4 by striking the words "public administrators" and inserting in lieu thereof the following: "certain county officials"; and

Further amend said bill, page 9, section 475.050, line 30, by inserting immediately after said line, the following:

"476.405. 1. Within the limits of any appropriation made for this purpose, the salary fixed by sections 211.381, 211.393, 477.130, 478.013, 478.018, 483.083, 483.163, and 485.060, RSMo, may be adjusted in any one year by a salary adjustment. The salary adjustment shall not exceed the salary adjustment for the executive department contained in the pay plan applicable to other state employees at a similar salary level for that fiscal year. If no salary adjustment or a lower salary adjustment is granted pursuant to this section than is granted the executive department in any year, then the salary adjustment granted pursuant to this section in the next fiscal year may exceed the salary adjustment of the executive department by the amount of the difference in the prior year.

2. The amount of a salary adjustment to be approved pursuant to this section shall be stated in a separate line item of the appropriation bill. A salary adjustment approved pursuant to this section shall be added to the statutory salary and the sum of these amounts shall be the statutory salary of the office for all purposes. This statutory salary shall be included in the appropriation bill in the same manner as any other personal service appropriation involving a statutory salary.

3. The office of administration shall maintain a compensation schedule for each fiscal year indicating the highest statutory salary paid for each office specified in sections 211.381, 211.393, 477.130, 478.013, 478.018, 483.083, 483.163, and 485.060, RSMo, and the salary adjustment contained in the pay plan applicable to other state employees generally. The schedule shall be open for public inspection and shall be annually included in the Missouri Register and an appendix to the Revised Statutes of Missouri. For each office for which a salary adjustment is approved pursuant to this section, the revisor of statutes shall place a revisor's note following each section providing compensation for the office referencing the reader to the compensation index.

483.163. 1. Each circuit clerk, except the circuit clerk in any city not within a county, shall cooperate with the prosecuting attorney and division of child support enforcement in the investigation and documentation of possible criminal nonsupport under section 568.040, RSMo, which involves any case or cases for which the clerk is trustee.

2. Other provisions of law to the contrary notwithstanding, for the performance of the duties prescribed in subsection 1 of this section, each circuit clerk, except the circuit clerk in any city not within a county, in addition to any other compensation provided by law, shall receive five thousand dollars per year beginning January 1, 1997. Such compensation shall be payable in equal installments in the same manner and at the same time as other compensation is paid to the circuit clerk.

3. For every year beginning July 1, 1998, the amount of increased compensation established in subsection 2 of this section shall be adjusted by any salary adjustment authorized under section 476.405, RSMo."; and

Further amend the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 719, Page 8, Section 473.739, Line 3, by deleting the following: "[twenty-five] forty-five" and inserting in lieu thereof the word "twenty-five".

HOUSE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bill No. 719, Page 8, Section 473.747, Lines 6-10 by deleting all of said lines in said section;

And further amend said bill, pages 8 and 9, section 475.050, lines 3 and 4 by deleting the words "in the following order";

And further amend said bill, page 9, section 475.050, lines 15 and 16 by deleting the words "Whenever it is in the interest of the incapacitated or disabled person,";

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

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 refuses to adopt SS for SCS for HS for HCS for HB 1237, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

PRIVILEGED MOTIONS

Senator Maxwell moved that the Senate refuse to recede from its position on SS for SCS for HS for HCS for HB 1237, as amended, and grant the House a conference thereon, 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 SS for SCS for HS for HCS for HB 1237, as amended: Senators Maxwell, Lybyer, Wiggins, Melton and Flotron.

PRIVILEGED MOTIONS

Senator Howard moved that SB 661, with HA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HA 1 was taken up.

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

Yeas--Senators
Banks Caskey Clay Curls
DePasco Ehlmann Flotron Goode
Graves Howard Johnson Kenney
Kinder Lybyer Mathewson Maxwell
McKenna Melton Moseley Quick
Rohrbach Russell Schneider Sims
Singleton Staples Treppler Westfall
Wiggins--29

Nays--Senators--None

Absent--Senators
Bentley Klarich--2

Absent with leave--Senators
House Mueller Scott--3

On motion of Senator Howard, SB 661, 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 Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Quick Rohrbach Russell
Schneider Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators--None

Absent with leave--Senators
House Mueller Scott--3

The President Pro Tem declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Treppler moved that SB 876, with HCA 1 and HA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

Senator Wiggins assumed the Chair.

Senator Treppler 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 Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Quick Rohrbach Russell
Sims Singleton Staples Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senator Schneider--1

Absent with leave--Senators
House Mueller Scott--3

HA 1 was taken up.

Senator Treppler 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 Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Quick Rohrbach Russell
Schneider Sims Singleton Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senator Staples--1

Absent with leave--Senators
House Mueller Scott--3

On motion of Senator Treppler, SB 876, 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 Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Quick Rohrbach Russell
Sims Singleton Staples Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senator Schneider--1

Absent with leave--Senators
House Mueller Scott--3

The President declared the bill passed.

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

Senator Treppler 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.

Senator Staples moved that SB 719, with HCA 1, HAs 1 and 2, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

Senator Staples 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 Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Russell Schneider Scott
Sims Singleton Staples Treppler
Westfall Wiggins--30

Nays--Senator Rohrbach--1

Absent--Senator Quick--1

Absent with leave--Senators
House Mueller--2

Senator Staples moved that the Senate refuse to concur in HA 1 and HA 2 to SB 719 and request the House to recede from its position or failing to do so, grant the Senate a conference thereon, which motion prevailed.

On motion of Senator Staples, SB 719, with HCA 1, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves Howard Kinder
Klarich Mathewson Maxwell McKenna
Melton Moseley Russell Schneider
Scott Sims Singleton Staples
Treppler Westfall Wiggins--27

Nays--Senators
Kenney Rohrbach--2

Absent--Senators
Johnson Lybyer Quick--3

Absent with leave--Senators
House Mueller--2

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 Moseley moved that SCS for SBs 884 and 841, with HS for HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HS for HCS for SCS for SBs 884 and 841, as amended, entitled:

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 884 AND 841

An Act to repeal sections 552.040, 595.209, 630.110, 630.115, 630.125, 630.140, 630.150, 630.155, 630.160, 630.165, 630.167, 630.168, 630.170, 630.175, 630.192, 630.200, 630.615, 630.620, 630.805, 631.110, 631.115, 631.120, 631.135, 631.140, 631.145, 631.150, 631.165, 632.005, 632.300, 632.305, 632.325, 632.330, 632.335, 632.340, 632.345, 632.350, 632.355, 632.360, 632.365, 632.370, 632.375, 632.380, 632.390, 632.400, 632.410, 632.415, 632.440, 632.455, 633.125 and 633.160, RSMo 1994, and sections 630.005 and 630.053, RSMo Supp. 1995, relating to mental health and to enact in lieu thereof fifty-nine new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Moseley moved that HS for HCS for SCS for SBs 884 and 841, as amended, be adopted, which motion prevailed by the following vote:

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

Nays--Senators--None

Absent--Senators
Goode Johnson--2

Absent with leave--Senators
House Mueller--2

On motion of Senator Moseley, HS for HCS for SCS for SBs 884 and 881, 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 Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senators--None

Absent with leave--Senators
House Mueller--2

The President declared the bill passed.

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

Senator Moseley 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 Banks, on behalf of the conference committee appointed to act with a like committee from the House on SB 858, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT FOR

SENATE BILL NO. 858 WITH

HOUSE AMENDMENT NO. 1 AND

PART I OF HOUSE AMENDMENT NO. 2, AS AMENDED

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on Senate Bill No. 858, 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 Senate Bill No. 858, with House Amendment No. 1 and Part I of House Amendment No. 2, as amended;

2. That Senate Bill No. 858 be truly agreed and finally passed.

FOR THE SENATE: FOR THE HOUSE:

/s/ J.B. "Jet" Banks /s/ Paula J. Carter

/s/ Harry Wiggins /s/ Henry C. Rizzo

/s/ Marvin Singleton /s/ Craig Hosmer

/s/ Joe Moseley /s/ Dale Whiteside

/s/ Betty Sims /s/ Sandra D. Kauffman

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

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

Nays--Senators--None

Absent--Senator McKenna--1

Absent with leave--Senators
House Mueller--2

On motion of Senator Banks, SB 858 was read the 3rd time and passed by the following vote:

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

Nays--Senators--None

Absent--Senators--None

Absent with leave--Senators
House Mueller--2

The President declared the bill passed.

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

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

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

HOUSE BILLS ON THIRD READING

Senator Caskey moved that HCS for HBs 800, 812, 817 and 821, with SCS and SS No. 3 for SCS (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

At the request of Senator Caskey, SS No. 3 for SCS for HCS for HBs 800, 812, 817 and 821 was withdrawn.

Senator Caskey offered SS No. 4 for SCS for HCS for HBs 800, 812, 817 and 821, entitled:

SENATE SUBSTITUTE NO. 4 FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 800, 812, 817 AND 821

An Act to repeal sections 105.470, 195.017, 217.730, 302.225, 317.001, 317.006, 367.011, 367.021, 367.031, 367.040, 367.043, 367.044, 367.045, 367.047, 367.048, 367.049, 367.050, 451.020, 479.020, 542.276, 544.170, 546.680, 556.037, 562.021, 562.026, 566.067, 566.068, 569.170, 570.210, 574.085, 575.010, 575.020, 575.030, 575.090, 590.110, 595.025 and 595.045, RSMo 1994, sections 544.157, 549.525, 565.084 and 600.042, RSMo Supp. 1995, and section 544.216 as enacted by the second regular session of the eighty-eighth general assembly in conference committee substitute for senate substitute no. 2 for senate substitute for house bill no. 1047 and signed by the governor on March 13, 1996, relating to crime, and to enact in lieu thereof sixty-two new sections relating to the same subject, with penalty provisions and an emergency clause for certain sections.

Senator Caskey moved that SS No. 4 for SCS for HCS for HBs 800, 812, 817 and 821 be adopted.

Senator Johnson assumed the Chair.

Senator Flotron offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute No. 4 for Senate Committee Substitute for House Committee Substitute for House Bill No. 800, 812, 817 and 821, Page 35, Section 217.730, Line 2 by inserting immediately before said line, the following:

"211.071. 1. If a petition alleges that a child between the ages of twelve and seventeen has committed an offense which would be considered a felony if committed by an adult, the court may, upon its own motion or upon motion by the juvenile officer, the child or the child's custodian, order a hearing and may, in its discretion, dismiss the petition and such child may be transferred to the court of general jurisdiction and prosecuted under the general law; except that if a petition alleges that any child has committed an offense which would be considered first degree murder under section 565.020, RSMo, second degree murder under section 565.021, RSMo, first degree assault under section 565.050, RSMo, forcible rape under section 566.030, RSMo, forcible sodomy under section 566.060, RSMo, first degree robbery under section 569.020, RSMo, or distribution of drugs under section 195.211, RSMo, or has committed two or more prior unrelated offenses which would be felonies if committed by an adult, the court shall order a hearing, and may in its discretion, dismiss the petition and transfer the child to a court of general jurisdiction for prosecution under the general law.

2. Upon apprehension and arrest, jurisdiction over the criminal offense allegedly committed by any person between seventeen and twenty-one years of age over whom the juvenile court has retained continuing jurisdiction shall automatically terminate and that offense shall be dealt with in the court of general jurisdiction as provided in section 211.041.

3. Knowing and willful age misrepresentation by a juvenile subject shall not affect any action or proceeding which occurs based upon the misrepresentation. Any evidence obtained during the period of time in which a child misrepresents his age may be used against the child and will be subject only to rules of evidence applicable in adult proceedings.

4. Written notification of a transfer hearing shall be given to the juvenile and his custodian in the same manner as provided in sections 211.101 and 211.111. Notice of the hearing may be waived by the custodian. Notice shall contain a statement that the purpose of the hearing is to determine whether the child is a proper subject to be dealt with under the provisions of this chapter, and that if the court finds that the child is not a proper subject to be dealt with under the provisions of this chapter, the petition will be dismissed to allow for prosecution of the child under the general law.

5. The juvenile officer may consult with the office of prosecuting attorney concerning any offense for which the child could be certified as an adult under this section. The prosecuting or circuit attorney shall have access to police reports, reports of the juvenile or deputy juvenile officer, statements of witnesses and all other records or reports relating to the offense alleged to have been committed by the child. The prosecuting or circuit attorney shall have access to the disposition records of the child when the child has been adjudicated pursuant to subdivision (3) of subsection 1 of section 211.031. The prosecuting attorney shall not divulge any information regarding the child and the offense until the juvenile court at a judicial hearing has determined that the child is not a proper subject to be dealt with under the provisions of this chapter.

6. A written report shall be prepared in accordance with this chapter developing fully all available information relevant to the criteria which shall be considered by the court in determining whether the child is a proper subject to be dealt with under the provisions of this chapter and whether there are reasonable prospects of rehabilitation within the juvenile justice system. These criteria shall include but not be limited to:

(1) The seriousness of the offense alleged and whether the protection of the community requires transfer to the court of general jurisdiction;

(2) Whether the offense alleged involved viciousness, force and violence;

(3) Whether the offense alleged was against persons or property with greater weight being given to the offense against persons, especially if personal injury resulted;

(4) Whether the offense alleged is a part of a repetitive pattern of offenses which indicates that the child may be beyond rehabilitation under the juvenile code;

(5) The record and history of the child, including experience with the juvenile justice system, other courts, supervision, commitments to juvenile institutions and other placements;

(6) The sophistication and maturity of the child as determined by consideration of his home and environmental situation, emotional condition and pattern of living;

(7) The age of the child;

(8) The program and facilities available to the juvenile court in considering disposition; and

(9) Whether or not the child can benefit from the treatment or rehabilitative programs available to the juvenile court[; and

(10) Racial disparity in certification].

7. If the court dismisses the petition to permit the child to be prosecuted under the general law, the court shall enter a dismissal order containing:

(1) Findings showing that the court had jurisdiction of the cause and of the parties;

(2) Findings showing that the child was represented by counsel;

(3) Findings showing that the hearing was held in the presence of the child and his counsel; and

(4) Findings showing the reasons underlying the court's decision to transfer jurisdiction.

8. A copy of the petition and order of the dismissal shall be sent to the prosecuting attorney.

9. When a petition has been dismissed thereby permitting a child to be prosecuted under the general law, the jurisdiction of the juvenile court over that child is forever terminated, except as provided in subsection 10 of this section, for an act that would be a violation of a state law or municipal ordinance.

10. If a petition has been dismissed thereby permitting a child to be prosecuted under the general law and the child is found not guilty by a court of general jurisdiction, the juvenile court shall have jurisdiction over any later offense committed by that child which would be considered a misdemeanor or felony if committed by an adult, subject to the certification provisions of this section.

11. If the court does not dismiss the petition to permit the child to be prosecuted under the general law, it shall set a date for the hearing upon the petition as provided in section 211.171."; and

Further amend the title and enacting clause accordingly.

Senator Flotron moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Ehlmann, Kenney, Kinder and Klarich.

Senator Quick assumed the Chair.

SA 1 failed of adoption by the following vote:

Yeas--Senators
Ehlmann Flotron Graves Kenney
Kinder Klarich Melton Moseley
Mueller Rohrbach Russell Singleton
Treppler Westfall--14

Nays--Senators
Banks Caskey Clay Curls
DePasco Goode Johnson Lybyer
Mathewson McKenna Quick Scott
Staples Wiggins--14

Absent--Senators
Bentley Howard Maxwell Schneider
Sims--5

Absent with leave--Senator House--1

Senator Singleton raised the point of order that Senator Mathewson's vote should not be allowed as he was interrupting a roll call.

The President Pro Tem ruled the point of order not well taken.

Senator Kenney offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute No. 4 for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 800, 812, 817 and 821, Page 35, Section 195.248, Line 1, by inserting immediately after said line, the following:

"217.257. 1. Offenders who have one previous remand to the department of corrections for felonies unrelated to the present felony offense or who refuse to participate in work or educational programs required by the department of corrections shall be employed at such labor, in such places and under such regulations within the state as may be determined by the department, subject to other provisions of law. The department is expressly authorized to establish posts, camps, stations or work crews in conjunction with labor, discipline or rehabilitation programs.

2. The department is further authorized to require offenders described in subsection 1 of this section to participate in programs designed to improve their physical, mental or psychological well-being, or programs designed to instill discipline and a sense of responsibility.

3. The department is authorized to adopt rules and regulations, to enter into contracts and to take any other action necessary to implement the programs outlined in this section. Rules and regulations shall be adopted as required under section 536.024, RSMo.

4. The department shall take all reasonable steps to protect the public from offenders in work programs, and in no case shall an offender convicted of first degree murder, as defined in section 565.020, RSMo, first degree assault, as defined in section 565.050, RSMo, forcible rape, as defined in section 566.030, RSMo, or forcible sodomy, as defined in section 566.060, RSMo, be placed in a work program under this section.

5. Offenders participating in work programs under this section shall wear distinctive, colored uniforms and may be required to wear shackles and chains.

6. No offender shall have a legal cause of action because he is required to participate in a work program authorized under this section, and no offender assigned to such a program shall be considered an employee of the state, any city or county, or any public, private or charitable entity for the purpose of determining benefits for work performed, nor shall the services performed by the offender be deemed employment within the meaning of the provisions of chapter 287 or chapter 288, RSMo."; and

Further amend the title and enacting clause accordingly.

Senator Kenney moved that the above amendment be adopted.

Senator Staples raised the point of order that SA 2 is out of order in that the amendment goes beyond the scope and purpose of the subject matter of the bill.

President Pro Tem Mathewson ruled the point of order not well taken.

Senator Kenney offered SSA 1 for SA 2:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 2

Amend Senate Substitute No. 4 for Senate Committee Substitute for House Committee Substitute for House Bill Nos. 800, 812, 817 and 821, Page 35, Section 195.248, Line 1, by inserting immediately after said line, the following:

"217.257. 1. Offenders who have two previous remands to the department of corrections for felonies unrelated to the present felony offense or who refuse to participate in work or educational programs required by the department of corrections shall be employed at such labor, in such places and under such regulations within the state as may be determined by the department, subject to other provisions of law. The department is expressly authorized to establish posts, camps, stations or work crews in conjunction with labor, discipline or rehabilitation programs.

5. Offenders participating in work programs under this section shall wear distinctive, colored uniforms and may be required to wear shackles and chains.

Further amend the title and enacting clause accordingly.

Senator Kenney moved that the above substitute amendment be adopted.

At the request of Senator Caskey, HCS for HBs 800, 812, 817 and 821, with SCS, SS No. 3 for SCS, SA 2 and SSA 1 for SA 2 (pending), was placed on the Informal Calendar.

President Wilson assumed the Chair.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conference committee, to act with a like committee from the Senate on SS for SCS for HS for HCS for HB 1237, as amended: Representatives: Rizzo, Scheve, Thomason, Cooper, Wannemacher.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SS No. 2 for HB 809, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HS for HB 1368 and has taken up and passed SCS for HS for HB 1368 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 has taken up and adopted the Conference Committee Report on SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409, as amended, and has taken up and passed CCS for SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409.

Emergency clause adopted.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conference committee, to act with a like committee from the Senate on HS for HCS for SB 888, as amended: Representatives: Jacob, Murray (69), Klumb, Chrismer, Scott.

CONFERENCE COMMITTEE REPORTS

Senator Johnson, on behalf of the conference committee appointed to act with a like committee from the House on SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1207, 1288, 1408 and 1409

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409, 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 Senate recede from its position on Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409, as amended;

2. That the House recede from its position on House Substitute for House Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409;

3. That the attached Conference Committee Substitute for Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409, be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Sidney Johnson /s/ Phil Tate

/s/ Jim Mathewson /s/ Sam Leake

/s/ Mike Lybyer /s/ Gary Wiggins

/s/ Larry Rohrbach /s/ Dale Whiteside

/s/ Morris Westfall /s/ Ken Legan

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

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

Nays--Senators--None

Absent--Senator Staples--1

Absent with leave--Senator House--1

On motion of Senator Johnson, CCS for SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1207, 1288, 1408 and 1409

An Act to repeal section 261.105, RSMo Supp. 1995, relating to agriculture, and to enact in lieu thereof sixteen new sections relating to the same subject, with an emergency clause and an expiration date for certain sections.

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

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.

PRIVILEGED MOTIONS

Senator Johnson moved that the Senate refuse to recede from its position on SS No. 2 for HB 809, as amended, and grant the House a conference thereon, which motion prevailed.

Senator Mathewson moved that SB 500, with HA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HA 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 Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Sims Singleton
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Scott Staples--2

Absent with leave--Senator House--1

On motion of Senator Mathewson, SB 500, as amended, was read the 3rd time and passed by the following vote:

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.

Bill ordered enrolled.

CONFERENCE COMMITTEE REPORTS

Senator McKenna, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HS for HB 1368, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE BILL NO. 1368

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for House Substitute for House Bill No. 1368, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the Senate recede from its position on Senate Amendments Nos. 3 and 4 to Senate Committee Substitute for House Substitute for House Bill No. 1368;

2. That the House recede from its position on Senate Amendments Nos. 1 and 2 to Senate Committee Substitute for House Substitute for House Bill No. 1368;

3. That the attached Conference Committee Amendments Nos. 1 and 2 be adopted; and

4. That Senate Committee Substitute for House Substitute for House Bill No. 1368 as amended by Senate Amendments Nos. 1 and 2, and Conference Committee Amendments Nos. 1 and 2 be truly agreed and finally passed.

FOR THE SENATE: FOR THE HOUSE:

/s/ Bill McKenna /s/ Brian May

/s/ Irene Treppler /s/ Matt O'Neill

/s/ William Clay /s/ Tim C. Harlan

/s/ Morris Westfall /s/ Chuck Pryor

/s/ Ronnie DePasco /s/ Dave Oetting

CONFERENCE COMMITTEE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Bill No. 1368, Page 1, In the Title, Line 6, by deleting the word "eighteen" and inserting in lieu thereof the following: "nineteen"; and

Further amend said bill, Page 1, Section A, Line 4, by deleting the word "eighteen" and inserting in lieu thereof the following: "nineteen"; and

Further amend said bill, Page 1, Section A, Lines 7 through 8, by deleting all of said lines and inserting in lieu thereof the following: "288.140, 288.160, 288.190, 288.200, 288.380, 347.015, 347.187, 351.488, 358.150 and 1, to read as follows:"; and

Further amend said bill, Page 43, Section 358.150, Line 41, by inserting after all of said line the following:

"Section 1. Notwithstanding any other provision of law to the contrary, beginning January 1, 1997, those insurance companies providing coverage pursuant to chapter 287, RSMo, to a limited liability company, as defined in section 347.015, RSMo, shall provide coverage for the employees of the limited liability company who are not members of the limited liability company. Members of the limited liability company, as defined in section 347.015, RSMo, shall also be provided coverage pursuant to chapter 287, RSMo, but such members may individually elect to reject such coverage by providing a written notice of such rejection on a form developed by the department of insurance to the limited liability company and its insurer. Failure to provide notice to the limited liability company shall not be grounds for any member to claim that the rejection of such coverage is not legally effective. A member who elects to reject such coverage shall not thereafter be entitled to workers' compensation benefits under the policy, even if serving or working in the capacity of an employee of the limited liability company, at least until such time as said member provides the limited liability company and its insurer with a written notice which rescinds the prior rejection of such coverage. The written notice which rescinds the prior rejection of such coverage shall be on a form developed by the department of insurance. Any rescission shall be prospective in nature and shall entitle the member only to such benefits which accrue on or after the date the notice of rescission form is received by the insurance company.".

CONFERENCE COMMITTEE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Substitute for House Bill No. 1368, Page 30, Section 288.190, Line 63, by inserting after all of said line the following:

"5. Any party subject to any decision of an appeals tribunal pursuant to this chapter has a right to counsel and shall be notified prior to a hearing conducted pursuant to this chapter that a decision of the appeals tribunal is presumptively conclusive for the purposes of this chapter as provided in section 288.200.".

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

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

Nays--Senators--None

Absent--Senator Staples--1

Absent with leave--Senator House--1

On motion of Senator McKenna, SCS for HS for HB 1368, as amended by the conference committee report, was read the 3rd time and passed by the following vote:

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

Nays--Senators--None

Absent--Senators
Moseley Staples--2

Absent with leave--Senator House--1

The President declared the bill passed.

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

Senator McKenna 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

Senator Wiggins moved that HS for HCS for HBs 1320, 981, 1042, 1109 and 1250, with SCS, SS for SCS, SS for SS for SCS, SA 2 and SSA 2 for SA 2 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

At the request of Senator Moseley, SSA 2 for SA 2 was withdrawn.

At the request of Senator Schneider, SA 2 was withdrawn.

Senator Wiggins offered SS No. 4 for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250, entitled:

SENATE SUBSTITUTE NO. 4 FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1320, 981, 1042, 1109 and 1250

An Act to repeal sections 188.025 and 188.080, RSMo 1994, relating to abortions, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions and an effective date.

Senator Wiggins moved that SS No. 4 for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250 be adopted, which motion prevailed.

On motion of Senator Wiggins, SS No. 4 for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250 was read the 3rd time and passed by the following vote:

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

Nays--Senators
Banks Clay--2

Absent--Senators--None

Absent with leave--Senator House--1

The President declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

Senator Moseley moved that the Senate refuse to concur in HCS for SB 572, as amended, and request the House to recede from its position or failing to do so, grant the Senate a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SS No. 2 for HB 809, as amended: Senators Johnson, Quick, McKenna, Singleton and Melton.

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 adopted the conference committee report on HCS for HB 781 and has taken up and passed CCS for HCS for HB 781.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HA 1, HA 2 to SB 719 and refuses to grant the Senate a conference thereon. The House of Representatives request the Senate adopt HA 1, HA 2 to SB 719 as amended by HCA 1 and request the Senate take up and pass SB 719 as amended by HCA 1, HA 1 and HA 2.

Senator Quick resumed the Chair.

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 1437, regarding Marlene Stewart, which was adopted.

Senator Maxwell offered Senate Resolution No. 1438, regarding Jim Ellison, which was adopted.

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 Pro Tem Mathewson.

HOUSE BILLS ON THIRD READING

HCS for HB 945, with SCS, was placed on the Informal Calendar.

HB 985, with SCS, was placed on the Informal Calendar.

HB 1081, with SCS, was placed on the Informal Calendar.

At the request of Senator Caskey, HB 1428, with SCS, was placed on the Informal Calendar.

HCS for HBs 1557 and 1489, with SCS, entitled:

An Act to repeal sections 57.080, 88.251, 115.123, 115.127, 115.132, 115.281, 115.300, 115.329, 115.333, 115.373, 115.385, 115.399, 115.401, 115.535, 115.611 and 115.613, RSMo 1994, and sections 115.125, 115.279 and 115.359, RSMo Supp. 1995, relating to election deadlines, and to enact in lieu thereof thirty-one new sections relating to the same subject, with penalty provisions and an emergency clause for certain sections.

Was taken up by Senator McKenna.

SCS for HCS for HBs 1557 and 1489, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1557 and 1489

An Act to repeal sections 57.080, 88.251, 115.123, 115.127, 115.329, 115.333, 115.373, 115.385, 115.399, 115.401 and 115.535, RSMo 1994, and sections 115.125 and 115.359, RSMo Supp. 1995, relating to election deadlines, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions and an emergency clause.

Was taken up.

Senator McKenna moved that SCS for HCS for HBs 1557 and 1489 be adopted.

Senator McKenna offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489, Page 8, Section 115.127, by adding at the end of said section, the following:

"115.279. 1. Application for an absentee ballot may be made by the applicant in person, or by mail, or for the applicant, in person, by his or her guardian or a relative within the second degree by consanguinity or affinity. The election authority may accept applications by facsimile transmission at its discretion and within the limits of its telecommunications capacity.

2. Each application shall be made to the election authority of the jurisdiction in which the person is or would be registered. Each application shall be in writing and shall state the applicant's name, address at which he or she is or would be registered, his or her reason for voting an absentee ballot and the address to which the ballot is to be mailed, if mailing is requested. Each application to vote in a primary election shall also state which ballot the applicant wishes to receive. If any application fails to designate a ballot, the election authority shall, within three working days after receiving the application, notify the applicant by mail that it will be unable to deliver an absentee ballot until the applicant designates which political party ballot he or she wishes to receive. If the applicant does not respond to the request for political party designation, the election authority is authorized to provide the voter with that part of the ballot for which no political party designation is required.

3. All applications for absentee ballots received prior to the sixth Tuesday before an election shall be stored at the office of the election authority until such time as the applications are processed in accordance with section 115.281. No application for an absentee ballot [submitted] received in the office of the election authority by mail, by facsimile transmission or by a guardian or relative after 5:00 p.m. on the Wednesday immediately prior to the election shall be accepted by any election authority. No application for an absentee ballot submitted by the applicant in person after 5:00 p.m. on the day before the election shall be accepted by any election authority.

4. Each application for an absentee ballot shall be signed by the applicant or, if the application is made by a guardian or relative pursuant to the provisions of this section, the application shall be signed by the guardian or relative, who shall note on the application his or her relationship to the applicant. If an applicant, guardian or relative is blind, unable to read or write the English language or physically incapable of signing the application, he or she shall sign by mark, witnessed by the signature of an election official or person of his or her own choosing. Any person who knowingly makes, delivers or mails a fraudulent absentee ballot application shall be guilty of a class one election offense.

5. Notwithstanding any law to the contrary, any resident of the state of Missouri who resides outside the boundaries of the United States or who is on active duty with the armed forces of the United States or members of their immediate family living with them may request an absentee ballot for both the primary and subsequent general election with one application."; and

Further amend the title and enacting clause accordingly.

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

Senator McKenna offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489, Page 13, Section 115.401, at the end of that section, by adding two new sections as follows:

"115.409. Except election authority personnel, election judges, watchers and challengers appointed pursuant to section 115.105 or 115.107, law enforcement officials at the request of election officials or in the line of duty, minor children under the age of [twelve] eighteen accompanying an adult who is in the process of voting, persons designated by the election authority to administer a simulated youth election for persons ineligible to vote because of their age, members of the news media who present identification satisfactory to the election judges and who are present only for the purpose of bona fide news coverage except as provided in subdivision (18) of section 115.637, provided that such coverage does not disclose how any voter cast his ballot on any question or candidate or in the case of a primary election on which party ballot they voted or does not interfere with the general conduct of the election as determined by the election judges or election authority, and registered voters who are eligible to vote at the polling place, no person shall be admitted to a polling place."; and

Further amend said bill page 13, section 115.535 line 6 by adding the following:

"Section 1. 1. Before being permitted to enter the polling place, each person designated by the election authority to administer a simulated youth election shall take the following oath:

I do solemnly swear that I will make no statement nor give any information of any kind tending in any way to show the state of the count prior to the close of the polls on election day.

Sworn and subscribed to before me

this..............day of .........., 19...........

......................................

Simulated Youth Election Administrator

......................................

Judge of Election

2. If any person admitted to the polling place to administer or participate in a simulated youth election interferes with the orderly process of voting, or is guilty of misconduct or any law violation, the election judges shall ask the person to leave the polling place or cease the interference. If the interference continues, the election judges shall notify the election authority, which shall take such action as it deems necessary. It shall be the duty of the police, if requested by the election authority or judges of election, to exclude any such person from the polling place or the place where votes are being counted."; and

Further amend the title and enacting clause accordingly.

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

Senator DePasco offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489, Page 5, Section 115.125, Line 3, by inserting after the word "or" a comma and the following: "notwithstanding any prior laws to the contrary, in the year 1996 and thereafter,"; and

Further amend said bill, Page 11, Section 115.399, Line 2, by inserting after the word "or" a comma and the following: "notwithstanding any prior laws to the contrary, in the year 1996 and thereafter,"; and

Further amend the title and enacting clause accordingly.

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

Senator Howard offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489 Page 1, In the Title, Lines 4-5, by striking the words "election deadlines" and inserting in lieu thereof the word "elections"; and

Further amend said bill, page 8, section 115.127, line 76, by inserting immediately after said line, the following:

"115.300. In each jurisdiction using an electronic voting system [and using ballot cards as absentee ballots], the election authority may [prepare absentee ballot envelopes, as they are received for processing and tabulation on election day or on the day preceding election day] start, not earlier than the fifth day prior to the election, the preparation of absentee ballots for tabulation on the election day. The election authority shall give notice to the county chairman of each major political party forty-eight hours prior to beginning preparation of absentee ballot envelopes. Absentee ballot [envelopes] preparation shall be [prepared] completed by teams of election authority employees or teams of election judges, with each team consisting of one member from each major political party."; and

Further amend said bill, page 13, section 115.535, line 6, by inserting immediately after said line, the following:

"115.611. 1. Except as provided in subsection 4 of section 115.613, any registered voter of the county may have [his or her] such voter's name printed on the primary ballot of [his or her] such voter's party as a candidate for county committeeman or committeewoman by filing a declaration of candidacy in the office of the county election authority and by paying any filing fee required by subsection 2 of this section.

2. Before filing [his] such candidate's declaration of candidacy, candidates for county committeeman or county committeewoman shall pay to the treasurer of [his] such candidate's party's county committee, or submit to the county election authority to be forwarded to the treasurer of [his] such candidate's party's committee, a certain sum of money, as follows:

(1) One hundred dollars if [he] such candidate is a candidate for county committeeman or committeewoman in any county which has or hereafter has over nine hundred thousand inhabitants or in any city not situated in a county;

(2) Twenty-five dollars if [he] such candidate is a candidate for county committeeman or committeewoman in any county of the first class containing the major portion of a city which has over three hundred thousand inhabitants;

(3) Except as provided in subdivisions (1) and (2) of this subsection, no candidate for county committeeman or committeewoman shall be required to pay a filing fee.

3. Any person who cannot pay the fee to file as a candidate for county committeeman or committeewoman may have the fee waived by filing a declaration of inability to pay and a petition with the official with whom [he] such candidate files [his] such candidate's declaration of candidacy. The provisions of section 115.357 shall apply to all such declarations and petitions.

4. No person's name shall be printed on any official primary ballot as a candidate for county committeeman or committeewoman unless the person has filed a declaration of candidacy with the proper election authority not later than 5:00 p.m. on the last Tuesday in March immediately preceding the primary election.

115.613. 1. Except as provided in subsection 4 of this section, the qualified man and woman receiving the highest number of votes from each committee district for committeeman and committeewoman of a party shall be members of the county committee of the party.

2. If two or more qualified persons receive an equal number of votes for county committeeman or committeewoman of a party and a higher number of votes than any other qualified person from the party, a vacancy shall exist on the county committee which shall be filled by a majority of the committee in the manner provided in section 115.617.

3. If no qualified person is elected county committeeman or committeewoman from a committee district for a party, a vacancy shall exist on the county committee which shall be filled by a majority of the committee in the manner provided in section 115.617.

4. The provisions of this subsection shall apply only in any county where no filing fee is required for filing a declaration of candidacy for committeeman or committeewoman in a committee district. If only one qualified candidate has filed a declaration of candidacy for committeeman or committeewoman in a committee district for a party prior to the deadline established by law, no election shall be held for committeeman or committeewoman in the committee district for that party and the election authority shall certify the qualified candidate in the same manner and at the same time as candidates elected pursuant to subsection 1 of this section are certified. If no qualified candidate files for committeeman or committeewoman in a committee district for a party, no election shall be held and a vacancy shall exist on the county committee which shall be filled by a majority of the committee in the manner provided in section 115.617.

130.037. 1. Notwithstanding other provisions of the law to the contrary, any person who was a candidate at an election held on or before November 8, 1994, may form two candidate committees if that person's candidate committee reported outstanding obligations in excess of moneys on hand on the first report submitted pursuant to section 130.041 after November 8, 1994. One such committee shall be dedicated solely to raising moneys to pay off outstanding obligations of the candidate. The committee may accept funds from the candidate committee to pay off outstanding obligations. The committee may not engage in activities in support of the candidate for which it was formed, other than activities directly related to the retirement of debt. The committee may not contribute moneys to any other committee and may not make direct expenditures on behalf of any ballot issue. It may raise funds to retire the candidate's debt under the provisions of law in effect prior to November 8, 1994, so long as those contributions are expressly made to retire outstanding debt and are applied toward retiring such debt, but otherwise the provisions of this chapter apply. The treasurer and the candidate shall terminate the committee pursuant to section 130.021 within thirty days of its payment of the outstanding debt.

2. If a candidate has formed or forms a candidate committee to raise funds for a future election, that committee may accept contributions in the amount authorized by law and may use any contributions received for any purpose lawful under this chapter, except the payment of debt incurred before November 8, 1994. Moneys in the official depository accounts of the two committees cannot be commingled.

3. The provisions of this section shall expire December 31, 1996."; and

Further amend the title and enacting clause accordingly.

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

Senator Singleton offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489, Section 115.123, Page 5, Line 31, by adding after the word "August" the following: "and municipalities may hold elections in nonprimary years on the first Tuesday after the first Monday in August".

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

Senator Maxwell offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Committe Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489 Page 1, Section Title, Lines 4-5, by striking "election deadlines" and inserting in lieu thereof the following: "elections"; and

Further amend said bill, page 8, section 115.127, line 76, by inserting immediately after said line the following:

"115.283. 1. Each ballot envelope shall bear a statement on which the voter shall state his name, his voting address, his mailing address and his reason for voting an absentee ballot. On the form, the voter shall also state, under penalties of perjury that he is qualified to vote in the election, that he has not previously voted and will not vote again in the election, that he has personally marked his ballot in secret or supervised the marking of his ballot if he is unable to mark it, that the ballot has been placed in the ballot envelope and sealed by him or under his supervision if he is unable to seal it, and that all information contained in the statement is true. Persons authorized to vote only for federal and statewide officers shall also state their former Missouri residence.

2. The statement for persons voting absentee ballots who are registered voters shall be in substantially the following form:

State of Missouri

County (City) of ................. I, ........................ (print name), a registered voter of ................ County (City of St. Louis, Kansas City), declare under the penalties of perjury that I expect to be prevented from going to the polls on election day due to (check one):

................ absence on election day from the jurisdiction of the election authority in which I am registered;

................ incapacity or confinement due to illness or physical disability;

................ religious belief or practice;

................ employment as an election authority or by an election authority at a location other than my polling place;

................ incarceration, although I have retained all the necessary qualifications for voting.

I hereby state under penalties of perjury that I am qualified to vote at this election; I have not voted and will not vote other than by this ballot at this election. I further state that I marked the enclosed ballot in secret or that I am blind, unable to read or write English, or physically incapable of marking the ballot, and the person of my choosing indicated below marked the ballot at my direction; all of the information on this statement is, to the best of my knowledge and belief, true.

.................................. ..................................

Signature of Voter Signature of Person

(if applicable)

...................................

................................... Subscribed and sworn to

Address of Voter before me this ..... day

of .........., 19....

...................................

................................... ...............................

Mailing addresses Signature of notary or

(if different) other officer authorized

to administer oaths

3. The statement for persons voting absentee ballots under the provisions of subsection 2, 3 or 4 of section 115.277 without being registered shall be in substantially the following form:

State of Missouri

County (City) of .................... I,.................... (print name), declare under the penalties of perjury that I am a citizen of the United States and eighteen years of age or older. I am not declared incompetent by any court of law, and if I have been convicted of a felony or of a misdemeanor connected with the right of suffrage, I have had the voting disabilities resulting from such conviction removed pursuant to law. I hereby state under penalties of perjury that I am qualified to vote at this election.

(1) I am a resident of the state of Missouri and (check one):

................. am a member of the U.S. armed forces in active service;

................. am an active member of the U.S. merchant marine;

................. am a civilian employee of the U.S. government working outside the United States;

................. am an active member of a religious or welfare organization assisting servicemen;

................ have been honorably discharged or terminated my service in one of the groups mentioned above within sixty days of this election;

................. am a spouse or dependent of one of the above;

................. am a registered voter in ............ County and moved from that county to ............ County, Missouri, after 5:00 p.m. on the fourth Tuesday prior to this election.

OR (check if applicable)

(2) ................. I am a former resident of Missouri and authorized to vote for federal officers by federal law. I further state under penalties of perjury that I have not voted and will not vote other than by this ballot at this election; I marked the enclosed ballot in secret or am blind, unable to read or write English, or physically incapable of marking the ballot, and the person of my choosing indicated below marked the ballot at my direction; all of the information on this statement is, to the best of my knowledge and belief, true.

.......................... Subscribed to and sworn before

Signature of Voter me this ........ day of

.................., 19.....

............................

............................ .........................................

Address of Voter Signature of notary or other

officer authorized to

administer oaths

...............................

Mailing Address

(if different) ..........................................

......................... ..........................................

Signature of Person Address of Last Missouri

Assisting Voter Residence

(if applicable) (for persons authorized to vote for federal officers by federal law)

4. The statement for persons voting absentee ballots who are entitled to vote at the election under the provisions of subsection 2 of section 115.137 shall be in substantially the following form:

State of Missouri

County (City) of ................................... I, ................................... (print name), declare under the penalties of perjury that I expect to be prevented from going to the polls on election day due to (check one):

................. absence on election day from the jurisdiction of the election authority in which I am directed to vote;

................. incapacity or confinement due to illness or physical disability;

................. religious belief or practice;

................. employment as an election authority or by an election authority at a location other than my polling place;

................. incarceration, although I have retained all the necessary qualifications of voting.

I hereby state under penalties of perjury that I own property in the .................... district and am qualified to vote at this election; I have not voted and will not vote other than by this ballot at this election. I further state that I marked the enclosed ballot in secret or that I am blind, unable to read and write English, or physically incapable of marking the ballot, and the person of my choosing indicated below marked the ballot at my direction; all of the information on this statement is, to the best of my knowledge and belief, true.

.............................. Subscribed and sworn to

Signature of Voter before me this ........

day of ............., 19 ....

...............................

............................... ......................................

Address Signature of notary or

other officer authorized

to administer oaths

...............................

Signature of Person

Assisting Voter

(if applicable)

5. Notwithstanding any other provision of this section, any resident of the state of Missouri who resides outside the boundaries of the United States or who is on active duty with the armed forces of the United States or members of their immediate family living with them or persons who are permanently disabled if they have filed a statement by a physician attesting to their permanent disability which would require the person to vote an absentee ballot with the election authority within the jurisdiction of their residence or if the person's name is entered on such election authority's list pursuant to section 1 of this act, otherwise entitled to vote, shall not be required to obtain a notary seal or signature on his absentee ballot.

6. Notwithstanding any other provision of this section or section 115.291 to the contrary, the subscription, signature and seal of a notary or other officer authorized to administer oaths shall not be required on any ballot, ballot envelope, or statement required by this section if the reason for the voter voting absentee is due to illness or physical disability.

115.290. Any person registered by mail under the provisions of section 115.159 and voting by absentee ballot shall provide an affidavit subscribed and sworn to as provided in section 115.291 regardless of the cause for requesting such ballot unless the voter is exempt from such requirement under section 1 of this act or section 1973ee-3, title 42, United States Code.

115.291. 1. Upon receiving an absentee ballot, the voter shall mark his ballot in secret, place the ballot in the ballot envelope, seal the envelope and fill out the statement on the ballot envelope. The affidavit of each person voting an absentee ballot shall be subscribed and sworn to before the election official receiving the ballot, a notary public or other officer authorized by law to administer oaths, unless the voter is voting absentee due to the provisions of section 1 of this act or incapacity or confinement due to illness or physical disability. If the voter is blind, unable to read or write the English language, or physically incapable of voting his ballot, he may be assisted by a person of his own choosing. Any person assisting a voter who is not entitled to such assistance, and any person who assists a voter and in any manner coerces or initiates a request or a suggestion that the voter vote for or against or refrain from voting on any question, ticket or candidate, shall be guilty of a class one election offense. If, upon counting, challenge or election contest, it is ascertained that any absentee ballot was voted with unlawful assistance, the ballot shall be rejected.

2. Each absentee ballot shall be returned to the election authority in the ballot envelope and shall only be returned by the voter in person, by mail or registered carrier or by a team of deputy election authorities.

3. In cases of an emergency declared by the President of the United States or the governor of this state where the conduct of an election may be affected, the secretary of state may provide for the delivery and return of absentee ballots by use of a facsimile transmission device or system. Any rule promulgated pursuant to this subsection shall apply to a class or classes of voters as provided for by the secretary of state."; and

Further amend said bill, page 13, section 115.535, line 6, by inserting immediately after said line the following:

"Section 1. 1. There is hereby established an absentee voting process to assist persons with permanent disabilities in the exercise of their voting rights.

2. The local election authority shall send an application for the absentee voting process set out in this section to any registered voter who resides within the election authority's jurisdiction, upon request. The secretary of state shall promulgate rules in accordance with chapter 536, RSMo, for the form and content of the application.

3. Upon receipt of a properly completed application and a physician's form, pursuant to subsection 4 of this section, the election authority shall enter the registered voter's name on a list of voters qualified to participate as absentee voters pursuant to this section. The election authority may verify the physician's credentials. The board of healing arts, as established in section 334.120, RSMo, shall annually provide the secretary of state with a list of physicians licensed pursuant to chapter 334, RSMo, which the secretary of state shall make available to all election authorities. If the physician is licensed in a state other than Missouri, an affidavit, as defined in subdivision (1) of section 575.010, RSMo, which is signed by the physician and attests to the physician's credentials shall accompany the physician's form.

4. The physician's statement of permanent disability shall be in substantially the following form:

State of .........

County (City) of .......... I, ........... (print physician's name), ........... (number of physician's license to practice medicine) certify that I am licensed to practice medicine in ........... (state) and that I have determined in my professional, medical opinion that ............. (name of registered voter) of ........................... (address of registered voter) has a permanent disability.

* An affidavit is required from a physician licensed in a state other than Missouri.

.......................... (signature of physician)

5. The election authority shall deliver to each voter on the election authority's list pursuant to this section the appropriate absentee voting ballots for that voter's precinct at the appropriate times throughout the year. The method of delivery shall be by bipartisan teams appointed by the election authority to deliver the absentee ballots in person, or by first class, registered or certified mail at the discretion of the election authority."; and

Further amend the title and enacting clause accordingly.

Senator Maxwell moved that the above amendment be adopted, which motion prevailed on a standing division vote.

Senator Clay offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1157 and 1489, Page 13, Section 113.535, Line 6 by inserting immediately after said line, the following:

"130.016. 1. No candidate for statewide elected office, general assembly, judicial office other than municipal judge, county office or municipal office in a city with a population of more than ten thousand shall be required to comply with the requirements to file a statement of organization or disclosure reports of contributions and expenditures for any [election] calendar quarter in which neither the aggregate of contributions received nor the aggregate of expenditures made on behalf of such candidate exceeds one thousand dollars and no single contributor, other than the candidate, has contributed more than two hundred fifty dollars of the aggregate contributions received, provided that:

(1) The candidate files a sworn exemption statement with the appropriate officer that he does not intend to either receive contributions or make expenditures in the aggregate of more than one thousand dollars or receive contributions from any single contributor, other than himself, that aggregate more than two hundred fifty dollars and that the total of all contributions received or expenditures made by him and all committees or any other person with his knowledge and consent in support of his candidacy will not exceed one thousand dollars and that the aggregate of contributions received from any single contributor will not exceed two hundred fifty dollars. Such exemption statement shall be filed no later than the date set forth in subdivision (5) of subsection 1 of section 130.046 [on which a disclosure report would otherwise be required if the candidate does not file the exemption statement]. The exemption statement shall be filed on a form furnished to each appropriate officer by the administrative secretary of the Missouri ethics commission. Each appropriate officer shall make the exemption statement available to candidates and shall direct each candidate's attention to the exemption statement and explain its purpose to the candidate; and

(2) The sworn exemption statement includes a statement that the candidate understands that records of contributions and expenditures must be maintained from the time he first receives contributions or makes expenditures and that an exemption from filing a statement of organization or disclosure reports does not exempt him from other provisions of this chapter.

2. Any candidate who has filed an exemption statement as provided in subsection 1 of this section shall not accept any contribution or make any expenditure in support of his candidacy, either directly or indirectly or by or through any committee or any other person acting with his knowledge and consent, which would cause such contributions or expenditures to exceed the limits specified in subdivision (1) of subsection 1 of this section unless he later rejects the exemption pursuant to the provisions of subsection 3 of this section. Any contribution received in excess of such limits shall be returned to the donor or transmitted to the state treasurer to escheat to the state.

3. If, after filing the exemption statement provided for in this section, the candidate subsequently determines he wishes to exceed any of the limits in subdivision (1) of subsection 1 of this section, he shall file a notice of rejection of the exemption with the appropriate officer; however, such rejection shall not be filed later than the twelfth day before election. A notice of rejection of exemption shall be accompanied by a statement of organization as required by section 130.021 and any other statements and reports which would have been required if the candidate had not filed an exemption statement.

4. [A primary election and the immediately succeeding general election are separate elections, and restrictions on contributions and expenditures set forth in subsection 2 of this section shall apply to each election; however, if a successful primary candidate has correctly filed an exemption statement prior to the primary election and has not filed a notice of rejection prior to the date on which the first disclosure report applicable to the succeeding general election is required to be filed, he shall not be required to file an exemption statement for that general election if the limitations set forth in subsection 1 of this section apply to the succeeding general election.

5.] A candidate who has an existing candidate committee formed for a prior [election] calendar quarter for which all statements and reports required by this chapter have been properly filed shall be eligible to file the exemption statement as provided in subsection 1 of this section and shall not be required to file the disclosure reports pertaining to the [election] calendar quarter for which he is eligible to file the exemption statement if the candidate and the treasurer of such existing candidate committee continue to comply with the requirements, limitations and restrictions set forth in subsections 1, 2, 3 and 4 of this section. The exemption permitted by this subsection does not exempt a candidate or the treasurer of his existing candidate committee from complying with the requirements of subsections 6 and 7 of section 130.046 applicable to a prior election.

[6.] 5. No nonpartisan candidate for supreme court, circuit court, or associate circuit court, or candidate for political party office, or for municipal office in a city of ten thousand or less, or for any special purpose district office shall be required to file an exemption statement under this section in order to be exempted from forming a committee and filing disclosure reports required of committees under this chapter if the aggregate of contributions received or expenditures made by him and any other person with his knowledge and consent in support of his candidacy does not exceed one thousand dollars and the aggregate of contributions from any single contributor does not exceed two hundred fifty dollars. No candidate for any office listed in this subsection shall be excused from complying with the provisions of any section of this chapter, other than the filing of an exemption statement under the conditions specified in this subsection.

[7.] 6. If any candidate for an office listed in subsection 6 of this section exceeds the limits specified therein, the candidate shall form a committee which shall comply with all provisions of this chapter for committees.

130.046. 1. The disclosure reports required by section 130.041, for committees, including political party committees, but other than continuing committees, shall be filed at the following times and for the following periods:

(1) Not later than the fortieth day before an election for the period closing on the forty-fifth day before election; and

(2) Not later than the seventh day before an election for the period closing on the twelfth day before election; and

(3) Not later than the thirtieth day after an election for a period closing on the twenty-fifth day after the election; except that, a successful candidate who takes office prior to the twenty-fifth day after election shall have complied with the reporting requirement of this subdivision if a disclosure report is filed by such candidate and any candidate committee under the candidate's control before such candidate takes office, and such report shall be for the period closing on the day before taking office; [and]

(4) Not later than the twentieth day of April for the period ending the thirty-first of March for a candidate who has filed or a committee which has been formed after the thirty-first day of December of the previous year[.]; and

(5) Not later than the fifteenth day of a calendar quarter for that calendar quarter for a candidate who elects to file an exemption statement, pursuant to subsection 1 of section 130.016.

2. In the case of a ballot measure to be qualified to be on the ballot by initiative petition or referendum petition, or a recall petition seeking to remove an incumbent from office, disclosure reports relating to the time for filing such petitions shall be made as follows:

(1) In addition to the disclosure reports required to be filed before and after elections in accordance with subdivisions (1), (2), (3) and (4) of subsection 1 of this section, the treasurer of a committee, other than a continuing committee, supporting or opposing a petition effort to qualify a measure to appear on the ballot or to remove an incumbent from office shall file an initial disclosure report fifteen days after the committee begins the process of raising or spending money. After such initial report, the committee shall file quarterly disclosure reports until such time as the reports required under subdivisions (1), (2), (3) and (4) of subsection 1 of this section are to be filed. In addition the committee shall file a second disclosure report no later than the fifteenth day after the deadline date for submitting such petitions. The period covered in the initial report shall begin on the day the committee first accepted contributions or made expenditures to support or oppose the petition effort for qualification of the measure and shall close on the fifth day prior to the date of the report;

(2) If the measure has qualified to be on the ballot in an election, and if a committee subject to the requirements of subdivision (1) of this subsection is also required to file a preelection disclosure report for that election any time within thirty days after the date on which disclosure reports are required to be filed in accordance with subdivision (1) of this subsection, the treasurer of such committee shall not be required to file the report required by subdivision (1) of this subsection, but shall include in the committee's preelection report all information which would otherwise have been required by subdivision (1) of this subsection.

3. The treasurer of a continuing committee shall file quarterly disclosure reports pursuant to this subsection, except for any calendar quarter in which the contributions received by the continuing committee or the expenditures or contributions made by the continuing committee do not exceed one thousand dollars. The reporting dates and periods covered for such quarterly reports shall not be later than the fifteenth day of January, April, July and October for periods closing on the thirty-first day of December, the thirty-first day of March, the thirtieth day of June and the thirtieth day of September. Each report by such continuing committees shall be cumulative from the date of the last report. In the case of the continuing committee's first report, the report shall be cumulative from the date of the continuing committee's organization.

4. The reports required to be filed not later than the seventh day before an election and not later than the thirtieth day after an election and any subsequently required reports shall be cumulative so as to reflect the total receipts and disbursements of the reporting committee for the entire election campaign in question. The period covered by each disclosure report shall begin on the day after the closing date of the most recent disclosure report filed and end on the closing date for the period covered. If the committee has not previously filed a disclosure report, the period covered begins on the date the committee was formed, except that in the case of a candidate committee, the period covered begins on the date the candidate became a candidate according to the definition of the term "candidate" in section 130.011.

5. Other provisions of this chapter to the contrary:

(1) Certain disclosure reports pertaining to any candidate who receives nomination in a primary election and thereby seeks election in the immediately succeeding general election shall not be required in the following cases:

(a) If there are less than fifty days between a primary election and the immediately succeeding general election, the disclosure report required to be filed not later than the fortieth day before the general election need not be filed, provided that any other report required to be filed prior to the primary election and all other reports required to be filed not later than the seventh day before the general election are filed no later than the final dates for filing such reports;

(b) If there are less than eighty-five days between a primary election and the immediately succeeding general election, the disclosure report required to be filed not later than the thirtieth day after the primary election need not be filed, provided that any report required to be filed prior to the primary election and any other report required to be filed prior to the general election are filed no later than the final dates for filing such reports; and

(2) No disclosure report need be filed for any reporting period if during that reporting period the committee, including a candidate committee, has neither received contributions aggregating more than one thousand dollars nor made expenditures aggregating more than one thousand dollars and has not received contributions aggregating more than two hundred fifty dollars from any single contributor and if the committee's treasurer files under oath a statement with the appropriate officer that neither the aggregate of contributions received by the committee during that reporting period nor the aggregate expenditures made by the committee during that reporting period exceeded one thousand dollars and the committee did not receive contributions from any one person aggregating more than two hundred fifty dollars during that reporting period. Any contributions received or expenditures made which are not reported because this statement is filed in lieu of a disclosure report must be included in the next disclosure report filed by the committee. This statement shall not be filed in lieu of two or more consecutive disclosure reports if either the contributions received or expenditures made in the aggregate during those reporting periods exceed one thousand dollars and shall not be filed in lieu of the report required to be filed not later than the thirtieth day after an election if that report would show a deficit of more than one thousand dollars.

6. (1) If the disclosure report required to be filed by a committee not later than the thirtieth day after an election shows a deficit of unpaid loans and other outstanding obligations in excess of five thousand dollars, semiannual supplemental disclosure reports shall be filed with the appropriate officer for each succeeding semiannual period until the deficit is reported in a disclosure report as being reduced to five thousand dollars or less, except that a supplemental semiannual report shall not be required for any semiannual period which includes the closing date for the reporting period covered in any regular disclosure report which the committee is required to file in connection with an election. The reporting dates and periods covered for semiannual reports shall be not later than the fifteenth day of January and July for periods closing on the thirty-first day of December and the thirtieth day of June.

(2) Committees required to file reports under subsection 2 or 3 of this section, which are not otherwise required to file disclosure reports for an election, shall file semiannual reports as required by this subsection if their last required disclosure report shows a total of unpaid loans and other outstanding obligations in excess of five thousand dollars.

7. (1) If a committee, including a candidate committee, during any calendar year, receives contributions or makes expenditures aggregating more than one thousand dollars or receives an aggregate of more than two hundred fifty dollars from any one person, an additional disclosure report shall be filed not later than the fifteenth day of January for the period closing on the preceding thirty-first day of December, except that such disclosure report shall not be required if, within sixty days prior to or following the thirty-first day of December, the committee is required to file any other disclosure report.

(2) Committees required to file reports under subsection 2 of this section, which are not otherwise required to file reports for an election, shall file annual supplemental reports if, after filing the report required by subsection 2 of this section, the committee has additional financial activities during a calendar year in excess of the dollar amounts established by this subsection.

8. In the case of a committee which disbands and is required to file a termination statement under the provisions of section 130.021 with the appropriate officer not later than the tenth day after the committee was dissolved, the committee treasurer shall attach to the termination statement a complete disclosure report for the period closing on the date of dissolution. A committee shall not utilize the provisions of subsection 8 of section 130.021 or the provisions of this subsection to circumvent or otherwise avoid the reporting requirements of subsection 6 or 7 of this section.

9. Disclosure reports shall be filed with the appropriate officer not later than 5:00 p.m. prevailing local time of the day designated for the filing of the report, and a report postmarked not later than midnight of the day previous to the day designated for filing the report shall be deemed to have been filed in a timely manner. The appropriate officer may establish a policy whereby disclosure reports may be filed by facsimile transmission."; and

Further amend the title and enacting clause accordingly.

Senator Clay moved that the above amendment be adopted.

Senator McKenna raised the point of order that SA 7 is out of order in that the amendment goes beyond the scope of the subject matter of the bill.

Senator Quick resumed the Chair.

The point of order was referred to the President Pro Tem, who ruled it not well taken.

SA 7 was again taken up.

Senator Clay moved that the above amendment be adopted.

At the request of Senator Clay, SA 7 was withdrawn.

Senator Flotron offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489, Page 1, Section Title, Line 4 by inserting immediately after "1995," the following: "and section 1 as enacted by the second regular session of the eighty-eighth general assembly in house bill no. 956 on April 25, 1996,"; and

Further amend said title, lines 4-5, by striking "election deadlines" and inserting in lieu thereof the word "elections"; and

Further amend said bill, page 1, section A, line 3, by inserting immediately after "1995," the following: "and section 1 as enacted by the second regular session of the eighty-eighth general assembly in house bill no. 956 on April 25, 1996,"; and

Further amend said bill, page 2, section 57.080, line 24, by inserting immediately after said line, the following:

"72.400. As used in sections 72.400 to 72.418, the following terms mean:

(1) "Boundary change", any annexation, consolidation, incorporation, disincorporation, transfer of jurisdiction between municipalities or between a municipality and the county, or combination thereof, which, if approved, would result in a municipality composed of contiguous territory;

(2) "Commission", a boundary commission established pursuant to this section;

(3) "Contiguousness", territory proposed for annexation in which at least fifteen percent of its boundary is adjacent to the municipality which is proposing the annexation;

(4) "Proposing agent", the governing body of any municipality which by ordinance has adopted a boundary change proposal or the governing body of the county which by ordinance has adopted a boundary change proposal, or a person presenting petitions signed by a number of registered voters equal to not less than fifteen percent of the number of votes cast for governor in the last gubernatorial election in the total combined area affected by the boundary change proposal. Petitions submitted by proposing agents may be submitted with exclusions for the signatures collected in areas originally included in the proposal but subsequently annexed or incorporated separately as a city, town or village, although the commission shall be satisfied as to the sufficiency of the signatures for the final proposed area;

(5) "Simplified boundary change", an annexation initiated by a verified petition signed by seventy-five percent of the residential property owners of all fee interests of record of the area proposed for annexation and filed by the annexing municipality and which the commission determines and finds should be approved without voter approval;

(6) "Voting jurisdiction", a city, town or village, or areas of unincorporated territory with boundaries established by the commission for purposes of holding a boundary change election;

(7) "Boundary adjustment", an adjustment of a boundary between two municipalities or a municipality and the unincorporated area of the county involving two parcels in common ownership or portions of a single parcel in common ownership or an adjustment between two municipalities or a municipality and the unincorporated area of the county involving only public property or public rights-of-way.

72.401. 1. If a commission has been established pursuant to section 72.400, any boundary change within the county shall proceed solely and exclusively in the manner provided for by sections 72.400 to 72.420, notwithstanding any statutory provisions to the contrary concerning such boundary changes.

2. In any county with a charter form of government where fifty or more cities, towns and villages have been established, there shall be no incorporation of any new city, town, or village wholly or partially in such county, nor any annexation or consolidation of any area wholly or partially in such county for one hundred twenty days after June 2, 1995, except for the following:

(1) As provided in subsection 3 of this section; or

(2) Where the governing body of the county specifically adopts an ordinance stating that a boundary commission shall not be established in the county, such incorporation, annexation or consolidation may resume after the effective date of the ordinance. Immediately after the expiration of such moratorium, if the governing body of such county has by ordinance established a boundary commission, as provided in sections 72.400 to 72.420, then annexation, incorporation and consolidation in such county shall proceed only as provided in sections 72.400 to 72.420. The procedures established in section 72.420 shall remain applicable to counties of the first classification where fifty or more cities, towns and villages have been established. The provisions of sections 72.400 to 72.420 shall expire on December 31, 2002, unless the general assembly reauthorizes such provisions prior to December 31, 2002.

3. Notwithstanding any provisions of law to the contrary, any boundary changes approved by voters, simplified boundary changes approved by one hundred percent of the property owners and the governing body of the annexing city, and exchanges of land agreed to by the governing bodies of the jurisdictions involved in the exchange, which have been approved or agreed to prior to June 2, 1995, and which have not yet taken effect at the time of the first meeting of the boundary commission shall not be subject to commission approval.

4. Any proposal for incorporation by petition of at least six thousand registered voters which has been submitted to the governing body of the county under section 72.080 by June 30, 1995, shall not be subject to commission approval, and such boundary changes shall become effective on the date determined by the jurisdictions involved or by court order. Notice of such boundary changes shall be provided to the commission.

5. The commission shall be composed of eleven members as provided in this subsection. No member shall be an elective official, employee or contractor of any political subdivision or of any organization representing political subdivisions or officers or employees of political subdivisions. Each of the appointing authorities described in subdivisions (1) to (5) of this subsection shall appoint persons who shall be residents of their respective locality so described. The appointing authority making the appointments shall be:

	Present--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

	Absent with leave--Senators--None

	The Lieutenant Governor was present.

	Yeas--Senators
Banks	Caskey	Clay	DePasco
Ehlmann	Flotron	Goode	Johnson
Kenney	Kinder	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Quick	Rohrbach	Russell	Sims
Singleton	Staples	Treppler	Westfall
Wiggins--25

	Nays--Senators--None

	Absent--Senators
Bentley	Curls	Graves	Howard
Klarich	Mueller	Schneider--7

	Absent with leave--Senators
House	Scott--2