The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, on this last day we pray for grace to finish the job, give thanks for past experiences and ask for guidance for what lies ahead. We pray a special blessing on those who end distinguished service here today. Thank You for every blessing, every smile and every friendship. In Jesus Name we pray. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal of the previous day was read and approved.

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

	Present--Senators
Banks	Bentley	Caskey	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.

     Senator Singleton offered Senate Resolution No. 1439, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Lloyd Helm, McDonald County, which was adopted.

     Senator Graves offered Senate Resolution No. 1440, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Ralph Elmo Roe, Brookfield, which was adopted.

     Senator Wiggins offered Senate Resolution No. 1441, regarding the Honorable Gene Robert Martin, Jackson County, which was adopted.

     Senator Bentley offered Senate Resolution No. 1442, regarding Monica Whitt, which was adopted.

     Senator Bentley offered Senate Resolution No. 1443, regarding Shela Cameron, Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 1444, regarding Dee Pohl, Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 1445, regarding Chris Tuckness, Willard, which was adopted.

     Senator Bentley offered Senate Resolution No. 1446, regarding Sandy Pinkerton, Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 1447, regarding George Scruggs, Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 1448, regarding Nancy Teters, Rogersville, which was adopted.

     Senator Bentley offered Senate Resolution No. 1449, regarding Pat Turner, which was adopted.

     Senator Bentley offered Senate Resolution No. 1450, regarding Barbara Lyons, Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 1451, regarding Autumn Morris, Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 1452, regarding Juanita Taylor, Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 1453, regarding Fay Renner, Springfield, which was adopted.

     Senator Curls offered Senate Resolution No. 1454, regarding Samuel U. Rodgers, M.D., M.P.H., Kansas City, which was adopted.

     Senator Curls offered Senate Resolution No. 1455, regarding Reverend James D. Tindall, Kansas City, which was adopted.

     Senator Curls offered Senate Resolution No. 1456, regarding Angel Lee, which was adopted.

     Senator Kenney offered Senate Resolution No. 1457, regarding Anthony R. "Tony" Schwappach, Blue Springs, which was adopted.

     HS for SS for SB 981, after having been duly signed by the Speaker of the House of Representatives in open session, was delivered to the Governor by the Secretary of the Senate.

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HCS for HB 991, as amended: Senators Staples, Banks, McKenna, Sims and Westfall.

     Also,

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HS for SB 757, as amended: Senators Maxwell, Howard, Lybyer, Westfall and Russell.

     The following message was received from the Governor:

TO THE SENATE OF THE 88TH GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

     The following correction should be made to the appointment of Kenneth R. Hensley for the State Lottery Commission, submitted to you on April 24, 1996. The appointment should read:

     Kenneth R. Hensley, Democrat, 601 N. 9th, Albany, Gentry County, Missouri 64402, as a member of the State Lottery Commission, for a term ending September 9, 1998, and until his successor is duly appointed and qualified; vice, Robert E. Scott, term expired.

     Senator Banks moved that the Senate give approval to the correction as noted, which motion prevailed.

     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 HB 1098 and has taken up and passed CCS for HB 1098.

     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 HS for HCS for SS for SCS for SB 722, as amended, and grants the Senate a conference thereon, and the conferees be allowed to exceed the differences in order that the conferees can adopt a Conference Committee Report that would be consistent with the Conference Committee Report for HS for HCS for HB 1169 and 1271.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HS for HCS for SS for SCS for SB 722, as amended: Representatives: Hosmer, Smith, Williams (121), Edwards-Pavia, Sallee.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HS for HCS for HBs 1169 and 1271, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon, and the conferees be allowed to exceed the differences in order that the conferees can adopt a Conference Committee Report that would be consistent with the Conference Committee Report for HS for HCS for SS for SCS for SB 722.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SS for HB 1432 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HBs 1557 and 1489, 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 Speaker has appointed the following conferees to act with a like committee from the Senate on HS for SB 757, as amended: Representatives: Sears, Leake, Wiggins, Summers, Howerton.

     Senator Caskey moved that the Senate refuse to recede from its position on SCS for HS for HCS for HBs 1169 and 1171, as amended, and grant the Senate a conference thereon, which motion prevailed.

     Senator McKenna moved that the Senate refuse to recede from its position on SCS for HCS for HBs 1557 and 1489, as amended, and grant the House a conference thereon, which motion prevailed.

     Senator Maxwell, on behalf of the conference committee appointed to act with a like committee from the House on HS for SB 757, as amended, submitted the following conference committee report no. 2:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Substitute for Senate Bill No. 757 with House Amendments Nos. 1, 2, 3 and Part I of House Amendment No. 4 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 House Substitute for Senate Bill No. 757 as amended;

     2. That House Substitute for Senate Bill No. 757 with House Amendments Nos. 1, 2, 3, Part I of House Amendment No. 4, as amended, and Conference Committee Amendment No. 1 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Joe Maxwell       /s/ Jim Sears

/s/ Jerry Howard      /s/ Sam Leake

/s/ Mike Lybyer      /s/ Gary Wiggins

/s/ Morris Westfall      /s/ Don Summers

/s/ John T. Russell      /s/ Jim Howerton

     Amend House Substitute for Senate Bill No. 757, Page 1, In the Title, Line 4, by inserting immediately after "1994," the following: "and section 644.031, RSMo Supp. 1995,"; and further amend lines 4-5, by striking the words "joint municipal utility commissions" and inserting in lieu thereof the following: "water pollution control"; and

     Further amend the title and enacting clause accordingly.

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

	Yeas--Senators
Banks	Bentley	Caskey	Curls
DePasco	Ehlmann	Flotron	House
Howard	Johnson	Kenney	Kinder
Klarich	Lybyer	Mathewson	Maxwell
Melton	Moseley	Mueller	Quick
Russell	Schneider	Sims	Singleton
Staples	Treppler	Westfall	Wiggins--28
	Nays--Senator Rohrbach--1
	Absent--Senators
Clay	Goode	Graves	McKenna--4
	Absent with leave--Senator Scott--1

     On motion of Senator Maxwell, HS for SB 757, as amended by the conference committee report no. 2, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Curls
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Kinder	Klarich	Lybyer
Mathewson	Maxwell	Melton	Moseley
Mueller	Quick	Russell	Schneider
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--30
	Nays--Senator Rohrbach--1
	Absent--Senators
Clay	McKenna--2
	Absent with leave--Senator Scott--1

     The President Pro Tem declared the bill passed.

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

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

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

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HS for HCS for SS for SCS for SB 722, as amended: Senators Moseley, Caskey, Quick, Westfall and Sims.

     Also,

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HS for HCS for HBs 1169 and 1271, as amended: Senators Moseley, Caskey, Quick, Westfall and Sims.

     Also,

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SCS for HCS for HBs 1557 and 1489, as amended: Senators McKenna, DePasco, Quick, Flotron and Treppler.

     Senator Wiggins, Chairman of the Committee on State Budget Control, submitted the following report:

     Mr. President: Your Committee on State Budget Control, to which was referred SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended, begs leave to report that it has considered the same and recommends that the bill do pass.

     On motion of Senator Caskey, SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended, was read the 3rd time and passed by the following vote:

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

     President Pro Tem Mathewson declared the bill passed.

     The emergency clause was adopted by the following vote:

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

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

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

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

     Senator Wiggins, on behalf of the conference committee appointed to act with a like committee from the House on HB 1098, as amended, submitted the following conference committee report:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Bill No. 1098, as amended, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Bill No. 1098;

     2. That the Senate recede from its position on House Bill No. 1098, with Senate Amendment No. 1, Senate Amendment No. 1 to Senate Amendment No. 2 and Senate Amendment No. 2, as amended;

     3. That the attached Conference Committee Substitute for House Bill No. 1098 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ John E. Scott      /s/ Russell Goward

/s/ Franc Flotron      /s/ Sheila Lumpe

/s/ Harry Wiggins      /s/ Don Koller

/s/ Irene Treppler      /s/ T. Mark Elliott

/s/ Mike Lybyer      /s/ Michael R. Gibbons

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

	Yeas--Senators
Bentley	Caskey	Curls	DePasco
Ehlmann	Flotron	Goode	House
Howard	Johnson	Kenney	Kinder
Klarich	Lybyer	Mathewson	Maxwell
McKenna	Melton	Moseley	Mueller
Quick	Rohrbach	Russell	Schneider
Sims	Singleton	Treppler	Westfall
Wiggins--29
	Nays--Senators--None
	Absent--Senators
Banks	Clay	Graves	Staples--4
	Absent with leave--Senator Scott--1

     On motion of Senator Wiggins, CCS for HB 1098, entitled:

     An Act to repeal sections 32.057, 135.010, 143.451, 143.631 and 144.020, RSMo 1994, relating to taxation, and to enact in lieu thereof five new sections relating to the same subject, with penalty provisions.

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

	Yeas--Senators
Bentley	Caskey	Curls	DePasco
Ehlmann	Flotron	Goode	House
Howard	Johnson	Kenney	Kinder
Klarich	Lybyer	Mathewson	Maxwell
McKenna	Melton	Moseley	Mueller
Quick	Rohrbach	Russell	Schneider
Sims	Singleton	Treppler	Westfall
Wiggins--29
	Nays--Senators--None
	Absent--Senators
Banks	Clay	Graves	Staples--4
	Absent with leave--Senator Scott--1

     The President Pro Tem 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.

     Senator Quick moved that the Senate refuse to recede from its position on SS for HB 1432 and grant the House a conference thereon, which motion prevailed.

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SS for HB 1432: Senators Quick, McKenna, Treppler, Johnson and Klarich.

     Senator Klarich, on behalf of the conference committee appointed to act with a like committee from the House on SB 664, as amended, submitted the following conference committee report:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on Senate Bill No. 664, with House Amendments Nos. 1 and 2, House Amendment No. 3 as amended, and House Amendment No. 4; 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 Bill No. 664;

     2. That the House recede from its position on Senate Bill No. 664 with House Amendments Nos. 1 and 2, House Amendment No. 3 as amended, and House Amendment No. 4;

     3. That the attached Conference Committee Substitute for Senate Bill No. 664 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ David Klarich       /s/ Ed Hartzler

/s/ Emory Melton      /s/ Gene Copeland

/s/ Ed Quick      /s/ Sam Leake

/s/ Harold L. Caskey      /s/ Joseph L. Treadway

/s/ Joe Maxwell      /s/ Mark Richardson

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

	Yeas--Senators
Banks	Bentley	Caskey	Curls
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Kinder	Klarich	Lybyer
Mathewson	Maxwell	McKenna	Melton
Moseley	Mueller	Quick	Rohrbach
Russell	Schneider	Scott	Sims
Singleton	Treppler	Westfall	Wiggins--32
	Nays--Senators--None
	Absent--Senators
Clay	Staples--2
	Absent with leave--Senators--None

     On motion of Senator Klarich, CCS for SB 664, entitled:

     An Act to repeal sections 442.605, 442.610 and 442.615, RSMo 1994, relating to real estate settlement agents, and to enact in lieu thereof nineteen new sections relating to the same subject, with penalty provisions.

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

	Yeas--Senators
Banks	Bentley	Caskey	Curls
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Kinder	Klarich	Lybyer
Mathewson	Maxwell	McKenna	Melton
Moseley	Mueller	Quick	Rohrbach
Russell	Schneider	Scott	Sims
Singleton	Treppler	Westfall	Wiggins--32
	Nays--Senators--None
	Absent--Senators
Clay	Staples--2
	Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     Senator Quick assumed the Chair.

     Senator Moseley, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HS for HCS for HBs 1301 and 1298, as amended, submitted the following conference committee report:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, as amended, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298;

     2. That the Senate recede from its position on Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298 with Senate Amendments Nos. 1, 2, 3, 4, 5, 6, Senate Substitute Amendment No. 1 for Senate Amendment No. 7, Senate Amendments Nos. 11, 12, 13, 14, 15, 16, 17, Senate Substitute Amendment No. 1 for Senate Amendment No. 18, Senate Amendments Nos. 19, 20, 21, 22, 23, 24, 25, 28, 29, 30, 31, 32, 33, 35, 36, 37;

     3. That the attached Conference Committee Substitute be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Joe Moseley      /s/ Steve McLuckie

/s/ Morris Westfall      /s/ Glenda Kelly

/s/ Harold L. Caskey      /s/ Brian H. May

/s/ Sidney Johnson      /s/ Cindy Ostmann

/s/ David Klarich      /s/ Emmy McClelland

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

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

     On motion of Senator Moseley, CCS for SCS for HS for HCS for HBs 1301 and 1298, entitled:

     An Act to repeal sections 162.680, 195.017, 195.214, 302.272, 574.085 and 575.090, RSMo 1994, and sections 160.261, 167.161 and 167.171, RSMo Supp. 1995, and to enact in lieu thereof twenty-six new sections for the purpose of providing safer schools, with penalty provisions and an emergency clause for a certain section.

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

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	Graves	House	Howard
Johnson	Kenney	Kinder	Klarich
Lybyer	Mathewson	Maxwell	McKenna
Melton	Moseley	Mueller	Quick
Russell	Scott	Singleton	Staples
Treppler	Westfall	Wiggins--31
	Nays--Senators
Rohrbach	Schneider	Sims--3
	Absent--Senators--None
	Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:

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

     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.

     Senator House, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SS for SCS for SBs 723 and 891, as amended, submitted the following conference committee report:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891 with House Amendments Nos. 1, 2, 3 and 4, House Amendment No. 1 to House Amendment No. 5, House Amendment No. 5, House Amendment No. 1 to House Amendment No. 7, House Amendment No. 7, House Amendment No. 1 to House Amendment No. 8, House Amendments Nos. 8, 9 and 10; 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 House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891 and House Amendments Nos. 1 and 2, House Amendment No. 1 to House Amendment No. 5, House Amendment No. 5, House Amendment No. 1 to House Amendment No. 7 and House Amendments Nos. 7, 8, 9 and 10;

     2. That the House recede from its position on House Amendments Nos. 3 and 4 and House Amendment No. 1 to House Amendment No. 8;

     3. That the House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891 with House Amendments Nos. 1 and 2, House Amendment No. 1 to House Amendment No. 5, House amendment No. 5, House Amendment No. 1 to House Amendment No. 7, House Amendments No. 7, 8, 9, 10 and Conference Committee Amendment No. 1 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Ted House       /s/ Henry Rizzo

/s/ Sidney Johnson      /s/ Brian May

/s/ Harold L. Caskey      /s/ Phil Smith

/s/ Larry Rohrbach      /s/ David W. Broach

/s/ Betty Sims /s/ Marilyn Edwards-Pavia

     Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 & 891, Page 1, In the Title, Line 5, by inserting immediately after the word "provisions as it appears the second time on said line, the following: ", with an emergency clause for certain sections; and

     Further amend said bill, Page 4, Section 50.333, Lines 91-96, by striking all of line 91 after "term." and by striking all of lines 92-96 and inserting in lieu thereof the following: "If the salary commission votes to decrease the compensation, a vote of two-thirds or more of all the members of the salary commission shall be required before the salary or other compensation of any county office shall be decreased below the compensation being paid for the particular office on the date the salary commission votes, and all officers and offices shall receive the same percentage decrease."; and

     Further amend said bill, Page 10, Section 67.641, Line 22, by inserting immediately after said line the following:

     "67.475. In counties of the first classification on the effective date of this section, the total amount of city or county general obligation bond indebtedness incurred for improvements under sections 67.453 to 67.475, including temporary notes issued pursuant to sections 67.453 to 67.475, shall not exceed ten percent of the assessed valuation of all taxable tangible property, as shown by the last completed property assessment for state or local purposes, within the city or county. In any county which was not a county of the first classification on the effective date of this section, the total amount of city or county general obligation bond indebtedness incurred for improvements under sections 67.453 to 67.475, including temporary notes issued pursuant to sections 67.453 to 67.475, shall not exceed forty percent of the assessed valuation of all taxable real property, as shown by the last completed property assessment for state or local purposes, within the proposed neighborhood improvement district; provided, however, that if a ballot upon which the question of incurring the bonded indebtedness is submitted to all of the qualified voters residing within the city or county and is approved by the percentage of voters within such city or county that is equal to the percentage of voter approval required for the issuance of general obligation bonds of such city or county pursuant to article VI, section 26 of the Missouri constitution, the total amount of city or county general obligation bond indebtedness incurred for improvements under sections 67.453 to 67.475, including temporary notes issued pursuant to sections 67.453 to 67.475, shall not exceed the assessed valuation of all taxable real property, as shown by the last completed property assessment for state or local purposes, within the proposed neighborhood improvement district. Any city with a population of three hundred fifty thousand or more inhabitants shall appoint a citizen advisory committee composed of members of each council districts on proposed neighborhood improvement district."; and

     Further amend said bill, Page 13, Section 99.430, Line 104, by inserting immediately after said line the following:

     "473.739. 1. Each public administrator, except in counties of the first class with a charter form of government, who does not receive at least [twenty-five] forty-five thousand dollars in fees as otherwise allowed by law shall receive annual compensation of four thousand dollars and each such public administrator who does not receive at least [twenty-five] forty-five thousand dollars in fees may request the county salary commission for an increase in annual compensation and the county salary commission may authorize an additional increase in annual compensation not to exceed ten thousand dollars.

     2. Two thousand dollars of the compensation authorized in this section shall be payable to the public administrator only if he has completed at least twenty hours of classroom instruction each calendar year relating to the operations of the public administrator's office when approved by a professional association of the county public administrators of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each public administrator who completes the training program and shall send a list of certified public administrators to the treasurer of each county. Expenses incurred for attending the training session may be reimbursed to the county public administrator in the same manner as other expenses as may be appropriated for that purpose."; and

     Further amend said bill, Page 14, Section 3, Line 3, by inserting immediately after said line, the following:

     "Section B. Because immediate action is necessary to prevent injustice, sections 575.130, 4, 5, 6, 7, 8, 9 and 10 of this act are deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and sections 575.130, 4, 5, 6, 7, 8, 9 and 10 are hereby declared to be an emergency act within the meaning of the constitution, and this act shall be in full force and effect upon its passage and approval."; and

     Further amend the title and enacting clause accordingly.

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

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

     President Pro Tem Mathewson resumed the Chair.

     On motion of Senator House, HCS for SS for SCS for SBs 723 and 891, 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	House	Howard
Johnson	Kinder	Klarich	Lybyer
Mathewson	Maxwell	McKenna	Melton
Moseley	Mueller	Quick	Rohrbach
Russell	Schneider	Scott	Sims
Singleton	Staples	Treppler	Westfall
Wiggins--33
	Nays--Senator Kenney--1
	Absent--Senators--None
	Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	Graves	House	Howard
Johnson	Kinder	Klarich	Lybyer
Mathewson	Maxwell	McKenna	Melton
Moseley	Mueller	Quick	Rohrbach
Russell	Schneider	Scott	Sims
Singleton	Staples	Treppler	Westfall
Wiggins--33
	Nays--Senator Kenney--1
	Absent--Senators--None
	Absent with leave--Senators--None

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

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

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

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SS No. 2 for HB 809, as amended, and has taken up and passed CCS for SS No. 2 for HB 809.

     Emergency clause adopted.

     Senator Johnson, on behalf of the conference committee appointed to act with a like committee from the House on SS No. 2 for HB 809, as amended, submitted the following conference committee report:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Substitute No. 2 for House Bill No. 809, with Senate Amendments Nos. 1 and 2; 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 No. 2 for House Bill No. 809, with Senate Amendments Nos. 1 and 2;

     2. That the House recede from its position on House Bill No. 809;

     3. That the attached Conference Committee Substitute for Senate Substitute No. 2 for House Bill No. 809 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Sidney Johnson       /s/ Charlie Shields

/s/ Ed Quick           /s/ Phil Tate

/s/ Bill McKenna      /s/ Scott B. Lakin

/s/ Emory Melton      /s/ Joan Barry

/s/ Marvin Singleton      /s/ Pat A. Naeger

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

	Yeas--Senators
Banks	Bentley	Caskey	Curls
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Kinder	Klarich	Lybyer
Mathewson	Maxwell	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Scott	Sims	Singleton
Staples	Treppler	Westfall	Wiggins--32
	Nays--Senators--None
	Absent--Senators
Clay	McKenna--2
	Absent with leave--Senators--None

     On motion of Senator Johnson, CCS for SS No. 2 for HB 809, entitled:

     An Act to repeal section 190.145 as enacted by the second regular session of the eighty-eighth general assembly in senate bill no. 530 and delivered to the governor on April 22, 1996, relating to ambulance operators, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

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

	Yeas--Senators
Banks	Bentley	Caskey	Curls
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Kinder	Klarich	Lybyer
Mathewson	Maxwell	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Scott	Sims	Singleton
Staples	Treppler	Westfall	Wiggins--32
	Nays--Senators--None
	Absent--Senators
Clay	McKenna--2
	Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Curls
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Kinder	Klarich	Mathewson
Maxwell	Melton	Moseley	Mueller
Quick	Rohrbach	Russell	Schneider
Scott	Sims	Singleton	Staples
Treppler	Westfall	Wiggins--31
	Nays--Senators--None
	Absent--Senators
Clay	Lybyer	McKenna--3
	Absent with leave--Senators--None

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

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

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

     Senator Flotron moved that HB 1362, with SCS, SS for SCS and SA 1 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SA 1 was again taken up.

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

     Senator Mueller offered SA 2:

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1362, Page 2, Section 197.305, Line 13 of said page, by inserting immediately after said line, the following:

     "(5) "Continuing care retirement community", a continuing care retirement community provides at the same site or location independent housing, long-term health care and other services to older persons not related by blood or marriage to the owner or operator of the continuing care retirement community under an agreement effective for the life of the person or a specified period of time in excess of one year which guarantees or provides priority access to on-site health related long-term care services when needed;"; and

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

     Further amend said section, page 4, line 3 of said page, by inserting immediately after the word "fewer" the following: "and any continuing care retirement community referred to in subsection 8 of section 197.318, provided, however, that the expansion provided under said section is no more than ten beds or ten percent of total bed capacity, whichever is less, over a two-year period"; and

     Further amend said bill, page 10, section 197.318, line 10 of said page, by inserting immediately after said line, the following:

     "8. The provisions of section 197.317 shall not apply to any continuing care retirement community in existence on July 1, 1996 and bound by a contractual obligation on or before said date to provide residential and/or skilled nursing care in a residential care facility I, residential care facility II or skilled nursing facility, as applicable, upon demand or demonstrated need of any resident of the continuing care retirement community, which continuing care retirement community must expand its residential care facility I beds, residential care facility II beds and/or skilled nursing facility beds at the same site or location in order to satisfy its obligations to residents of the continuing care retirement community as evidenced by the actual or reasonably anticipated lack of available residential care facility I beds, residential care facility II beds or skilled nursing facility beds to meet the aforesaid demands or needs. Such qualifying continuing care retirement community may add such beds as are necessary to meet the reasonably foreseeable needs of its residents.".

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

     SA 2 was adopted by the following vote:

	Yeas--Senators
Bentley	Clay	DePasco	Goode
Graves	House	Howard	Johnson
Kenney	Kinder	Lybyer	Melton
Moseley	Mueller	Rohrbach	Russell
Schneider	Scott	Sims	Singleton
Treppler	Westfall--22
	Nays--Senators
Caskey	Curls	Ehlmann	Flotron
Mathewson	McKenna	Wiggins--7
	Absent--Senators
Banks	Klarich	Maxwell	Quick
Staples--5
	Absent with leave--Senators--None

     At the request of Senator Flotron, HB 1362, with SCS and SS for SCS, as amended (pending), was placed on the Informal Calendar.

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Senator Caskey moved that the Senate refuse to recede from its position on SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended, and grant the House a conference thereon.

     Senator Kinder offered a substitute motion that the Senate refuse to recede from its position on SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended, and grant the House a conference thereon, and further that the conferees be bound to the language in the attached amendment:

     "Section 1. 1. As used in this section, the following terms mean:

     (1) "Partial-birth abortion", an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery;

     (2) "Physician", a doctor of medicine or osteopathy legally authorized to practice medicine and surgery or any other individual legally authorized to perform abortions; however, any individual who is not a physician or not otherwise legally authorized by the state to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the provisions of this section.

     2. Any physician who knowingly performs a partial-birth abortion which results in the death of a human fetus is guilty of a class A misdemeanor and may be fined up to five thousand dollars. This subsection shall not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness or injury and if no other medical procedure could be performed to protect the mother's life or physical health.

     3. The penalty established in this section shall not preclude the prosecution of the physician under any alternate criminal statute, including sections 188.035 and 565.021, RSMo.

     4. The father, if married to the mother at the time she receives a partial-birth abortion procedure and, if the mother has not attained the age of eighteen years at the time of the abortion, the maternal grandparents of the fetus may, in a civil action, obtain appropriate relief against the physician performing the partial-birth abortion and the hospital where such abortion is performed, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Such relief shall include:

     (1) Money damages for all injuries, psychological and physical, occasioned by the violation of this section; and

     (2) Statutory damages equal to three times the cost of the partial-birth abortion.

     5. A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section."; and

     Further amend the title and enacting clause accordingly.

     Senator Kinder moved that the above substitute motion be adopted and requested a roll call vote be taken. He was joined in his request by Senators Treppler, Klarich, Mueller and Westfall.

     The substitute motion made by Senator Kinder was adopted by the following vote:

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

     Senator Flotron moved that HB 1362, with SS and SS for SCS (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     Senator Treppler offered SA 3:

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1362, Page 1, Section A, Line 8 of said section, by inserting immediately after said line, the following:

     "43.540. 1. As used in this section, the following terms mean:

     (1) "Criminal record review", a request to the highway patrol for information concerning any criminal history record for a felony or misdemeanor;

     (2) "Patrol", the Missouri state highway patrol;

     (3) "Provider", any licensed day care home, licensed day care center, licensed child placing agency, licensed residential care facility for children, licensed group home, licensed foster family group home, [or] licensed foster family home, any person, corporation or association licensed as an operator under chapter 198, RSMo, any person, corporation or association who provides in-home services, any person, corporation or association who employs nurses and nursing assistants for temporary or intermittent placement in health care facilities, or any entity licensed under chapter 197, RSMo;

     (4) "Patient", a person who by reason of aging, illness, disease or physical or mental infirmity receives or requires care and services furnished by a provider as defined in this section;

     [(4)] (5) "Youth services agency", any public or private agency, school, or association which provides programs, care or treatment for or which exercises supervision over minors.

     2. Upon receipt of a written request from a youth service agency or a provider, with the written consent of the applicant, the highway patrol shall conduct a criminal record review of an applicant for a paid or voluntary position with the agency or provider if such position would place the applicant in [direct] contact with minors or patients as defined in this section.

     3. Any request for information made pursuant to the provisions of this section shall be on a form provided by the highway patrol, [and] shall be signed by the person who is the subject of the request[.], and shall include a money order or check payable to the state of Missouri to cover the costs of the criminal record review. When a person applies for a paid position, the provider or the applicant shall pay for the criminal record review. When a person applies for a voluntary position, the provider shall pay for the criminal record review. Fees for a criminal record review shall not exceed the fees in section 43.530, RSMo. Each request shall be limited to one individual.

     4. Pursuant to sections 43.507 and 610.120, RSMo, the patrol shall respond in writing to the youth service agency or provider making a request for information under this section as soon as possible but not to exceed two weeks and shall inform such youth service agency or provider of the nature of the offense, and the date, place and court. Notwithstanding any other provision of law to the contrary, the youth service agency or provider making such request shall have access to all records of arrests resulting in an adjudication where the applicant was found guilty or entered a plea of guilty or nolo contendere in a prosecution under sections 566.010 to 566.141, RSMo, or under the laws of any state or the United States for offenses described in sections 566.010 to 566.141, RSMo, during the period of any probation imposed by the sentencing court.

     5. Any information received by a provider or a youth services agency under this section shall be provided to the department of health and shall be used solely for the department of health's providers, or youth service agencies' internal purposes in determining the suitability of an applicant or volunteer. The information shall be confidential and any person who discloses the information beyond the scope allowed in this section shall be subject to a class A misdemeanor. The patrol shall inform, in writing, the department of health, the provider or youth services agency of the requirements of this subsection and the penalties therein at the time it releases any information under this section."; and

     Further amend said bill, page 13, section 344.030, line 24 of said page, by inserting immediately after said line, the following:

     "660.317. 1. Before hiring any applicant for a paid or voluntary position, any person, corporation or association who:

     (1) Is licensed as an operator under chapter 198, RSMo;

     (2) Provides in-home services under contract with the department;

     (3) Employs nurses and nursing assistants for temporary or intermittent placement in health care facilities; or

     (4) Is an entity licensed under chapter 197, RSMo, shall ascertain if such applicant for a paid or voluntary position is on the employee disqualification list and shall request a criminal background check as provided in section 610.120.

     2. Failure by any person, corporation or association identified in subsection 1 of this section to ascertain if such applicant for a paid or voluntary position is on the employee disqualification list and to request a criminal background check as provided in section 610.120, RSMo, shall be a class A misdemeanor."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Singleton offered SA 4:

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1362, Page 5, Section 197.305, Line 24 of said page, by inserting immediately after said line the following:

     "197.310. 1. The "Missouri Health Facilities Review Committee" is hereby established. The agency shall provide clerical and administrative support to the committee. The committee may employ additional staff as it deems necessary.

     2. The committee shall be composed of:

     (1) [Two members] One member of the senate appointed by the president pro tem, [who shall be from different political parties;] and

     [(2) Two members] one member of the house of representatives appointed by the speaker[, who shall be from different political parties]. The president pro tem of the senate shall make the first legislative appointment. The speaker of the house shall make the second legislative appointment to a member of the house who is from a different political party as the senatorial member; and

     [(3)] (2) Five members appointed by the governor with the advice and consent of the senate, not more than three of whom shall be from the same political party.

     3. No business of this committee shall be performed without a majority of the full body.

     4. The members shall be appointed as soon as possible after September 28, 1979. One of the senate members, one of the house members and three of the members appointed by the governor shall serve until January 1, 1981, and the remaining members shall serve until January 1, 1982. All subsequent members shall be appointed in the manner provided in subsection 2 of this section and shall serve terms of two years.

     5. The committee shall elect a chairman at its first meeting which shall be called by the governor. The committee shall meet upon the call of the chairman or the governor.

     6. The committee shall review and approve or disapprove all applications for a certificate of need made under sections 197.300 to 197.365. It shall issue reasonable rules and regulations governing the submission, review and disposition of applications.

     7. Members of the committee shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.

     8. Notwithstanding the provisions of subsection 4 of section 610.025, RSMo, the proceedings and records of the facilities review committee shall be subject to the provisions of chapter 610, RSMo."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Sims offered SA 5, which was read:

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1362, Page 3, Section 197.305, Line 27, by removing "operated by a religious organization qualifying under section 501(c)(3) of the federal Internal Revenue Code, as amended,"; and

     Further amend on page 4, line 2, by placing a period "." after "operation" and remove "with a total licensed bed capacity of one hundred beds or fewer;".

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

     Senator Wiggins assumed the Chair.

     Senator Flotron moved that SS for SCS for HB 1362, as amended, be adopted, which motion prevailed.

     On motion of Senator Flotron, SS for SCS for HB 1362, 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	Melton	Moseley
Mueller	Quick	Russell	Scott
Singleton	Staples	Treppler	Westfall
Wiggins--29
	Nays--Senators
House	Rohrbach	Sims--3
	Absent--Senators
McKenna	Schneider--2
	Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:

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

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

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

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

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended: Senators Caskey, Moseley, Maxwell, Graves and Westfall.

     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 SCR 28.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 29.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SA 1 to SCA 1, SCA 1, as amended, to HJR 58 and has again taken up and passed HJR 58, as amended.

     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 No. 3 on HCS for HB 991, as amended, and has taken up and passed HCS for HB 991, 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 HCS for SB 572, as amended, and has taken up and passed CCS for HCS for SB 572.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS No. 4 for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250 and has again taken up and passed SS No. 4 for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250.

     On motion of Senator Banks, the Senate recessed for 30 minutes.

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

     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 HS for HCS for SS for SS for SB 488, entitled:

     An Act to repeal sections 210.170 and 455.030, RSMo 1994, and sections 455.040, 455.050, 487.020 and 487.170, RSMo Supp. 1995, relating to the protection of children and adults, and to enact in lieu thereof thirteen new sections relating to the same subject, with an effective date for certain sections.

     With House Amendments Nos. 1 and 2, House Substitute Amendment No. 1 for House Amendment No. 3, House Amendments Nos. 4 and 5.

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Substitute for Senate Bill No. 488, Page 2, Section 174.773, Line 16, by deleting from said line the following: "at least"; and

     Further amend said section, Lines 17 through 22, by deleting all of said lines; and

     Further amend said section, Page 3, Lines 1 through 2 by deleting all of said lines before the word "Whenever".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Substitute for Senate Bill No. 488, Page 22, Section 487.170, by inserting after said section, the following:

     "Section 1. When a petition, which lists the names of children to the marriage who are less than eighteen years of age, is filed pursuant to the provisions of section 452.310, RSMo, the court shall order the parties to the dissolution to participate in a mediation program regarding any contested issues of child custody and visitation pursuant to the provisions of supreme court rule 88, except for good cause shown. As used in this section, "good cause" includes, but is not limited to, allegations of domestic violence, but does not mean the absence of qualified mediators."; and

     Further amend title and enacting clause accordingly.

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Substitute for Senate Bill No. 488, Section 174.770, by inserting before said section, the following:

     "43.530. For each request received by the central repository, as defined in subdivision (1) of section 43.500, the requesting entity shall pay a fee of not more than five dollars per request for criminal history record information and pay a fee of not more than [fourteen] ten dollars per request for classification and search of fingerprints; except as provided in subsection 4 of section 660.317, RSMo. Each such request shall be limited to check and search on one individual. Each request shall be accompanied by a check, warrant, voucher, or money order payable to the state of Missouri-criminal record system. There is hereby established by the treasurer of the state of Missouri a fund to be entitled as the "Criminal Record System Fund". Notwithstanding the provisions of section 33.080, RSMo, to the contrary, if the moneys collected and deposited into this fund are not totally expended annually for the purposes set forth in section 43.527, the unexpended moneys in such fund shall remain in the fund and the balance shall be kept in the fund to accumulate from year to year.

     43.540. 1. As used in this section, the following terms mean:

     (1) "Criminal record review", a request to the highway patrol for information concerning any criminal history record for a felony or misdemeanor;

     (2) "Patient or resident", a person who by reason of aging, illness, disease or physical or mental infirmity receives or requires care or services furnished by a provider, as defined in this section, or who resides or boards in, or is otherwise kept, cared for, treated or accommodated in a facility as defined in section 198.006, RSMo, for a period exceeding twenty-four consecutive hours;

     [(2)] (3) "Patrol", the Missouri state highway patrol;

     [(3)] (4) "Provider", any licensed day care home, licensed day care center, licensed child placing agency, licensed residential care facility for children, licensed group home, licensed foster family group home, [or] licensed foster family home, any operator licensed pursuant to chapter 198, RSMo, any employer of nurses or nursing assistants for temporary or intermittent placement in health care facilities, any person approved by the department of social services to issue certificates for nursing assistants training or any entity licensed pursuant to chapter 197, RSMo;

     [(4)] (5) "Youth services agency", any public or private agency, school, or association which provides programs, care or treatment for or which exercises supervision over minors.

     2. Upon receipt of a written request from a private investigatory agency, a youth service agency or a provider, with the written consent of the applicant, the highway patrol shall conduct a criminal record review of an applicant for a paid [or voluntary] position with the agency or provider if such position would place the applicant in [direct] contact with minors, or, patients or residents as defined in subsection 1 of this section.

     3. Any request for information made pursuant to the provisions of this section shall be on a form provided by the highway patrol and shall be signed by the person who is the subject of the request.

     4. Pursuant to sections 43.507 and 610.120, RSMo, the patrol shall respond in writing to the youth service agency or provider making a request for information [under] pursuant to this section and shall inform such youth service agency or provider of the nature of the offense, and the date, place and court. Notwithstanding any other provision of law to the contrary, the youth service agency or provider making such request shall have access to all records of arrests resulting in an adjudication where the applicant was found guilty or entered a plea of guilty or nolo contendere in a prosecution [under] pursuant to chapter 565, RSMo, or sections 566.010 to 566.141, RSMo, or under the laws of any state or the United States for offenses described in sections 566.010 to 566.141, RSMo, or chapter 565, RSMo, during the period of any probation imposed by the sentencing court.

     5. Any information received by a provider or a youth services agency [under] pursuant to this section shall be used solely for the [providers] provider's or youth service [agencies'] agency's internal purposes in determining the suitability of an applicant or volunteer. The information shall be confidential and any person who discloses the information beyond the scope allowed in this section [shall be subject to] is guilty of a class A misdemeanor. The patrol shall inform, in writing, the provider or youth services agency of the requirements of this subsection and the penalties [therein] provided in this subsection at the time it releases any information [under] pursuant to this section."; and

     Further amend said bill, Page 22, Section 487.170, Line 4, by inserting after all of said line the following:

     "660.317. 1. For the purposes of this section, the term "provider" means any person, corporation or association who:

     (1) Is licensed as an operator pursuant to chapter 198, RSMo;

     (2) Employs nurses or nursing assistants for temporary or intermittent placement in health care facilities;

     (3) Is approved by the department of social services to issue certificates for nursing assistants training; or

     (4) Is an entity licensed pursuant to chapter 197, RSMo.

     2. For the purpose of this section "patient or resident" has the same meaning as such term is defined in section 43.540, RSMo.

     3. Beginning August 28, 1996, within two working days of hiring any person for a full-time, part-time or temporary position that has contact with any patient or resident the provider shall, or in the case of temporary employees hired through an employment agency, the employment agency shall prior to sending a temporary employee to a provider:

     (1) Request a fingerprint criminal records review check as provided in sections 43.530 and 43.540, RSMo; and

     (2) Make an inquiry to the department of social services, whether the person is listed on the employee disqualification list as provided in section 660.315.

     4. When the provider requests a fingerprint criminal records review check pursuant to section 43.530, RSMo, the requesting entity shall pay a fee of not more than ten dollars per request for classification and search of fingerprints. The requestor entity may pass the fee on to the applicant. For the purposes of this section "criminal history" includes any conviction or a plea of guilty to a misdemeanor or felony charge and shall include any suspended imposition of sentence, any suspended execution of sentence or any period of probation or parole.

     5. An applicant for a position that has contact with patients or residents of a provider shall:

     (1) Sign a consent form as required by section 43.540, RSMo, so the provider may request a criminal records review;

     (2) Disclose the applicant's criminal history as defined in subsection 3 of this section; and

     (3) Disclose if the applicant is listed on the employee disqualification list as provided in section 660.315.

     6. A provider is guilty of a class A misdemeanor if the provider knowingly hires or continues to employ a person that has contact with patients or residents and the person has been convicted of, plead guilty to or nolo contendere in this state or any other state to any A or B felony violation of RSMo, Chapters 565, 566 or 569."; and

     Further amend title and enacting clause accordingly.

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Substitute for Senate Bill 488, Page 22, Section 487.170, by inserting after said section, the following:

     "630.710. 1. The standards contained in the rules shall particularly provide for the following:

     (1) Admission and commitment criteria, which shall be based upon diagnoses;

     (2) Care, treatment, habilitation or rehabilitation;

     (3) General medical and health care;

     (4) Adequate physical plant facilities, including fire safety, housekeeping and maintenance standards;

     (5) Food service facilities;

     (6) Safety precautions;

     (7) Drugs and medications;

     (8) Uniform system of recordkeeping;

     (9) Resident or client rights and grievance procedures;

     (10) Adequate staff.

     2. By August 28, 1997, the rules shall require a criminal record review from the highway patrol for all staff in the residential facility and day program who have unsupervised contact with persons affected by a mental disorder, mental illness, mental retardation or a developmental disability.

     [2] 3. The rules containing the standards for living units within facilities or homes shall provide for such classifications of the living units as are small enough to insure programs based upon the personal needs of the resident as determined by individualized habilitation or treatment plans. The units may include distinct parts of other facilities such as wards, wings or floors."; and

     Amend title and enacting clause accordingly.

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Substitute for Senate Bill No. 488, Page 1, by deleting all of sections 174.770, 174.773, 174.776, 174.779, 174.781, 174.783 and 174.785 and amend 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 has taken up and passed HS for HCS for SS for SCS for SB 869, entitled:

     An Act to repeal sections 14.040, 56.310, 56.765, 57.280, 57.290, 57.300, 57.955, 66.110, 67.133, 98.330, 141.380, 193.205, 208.215, 210.160, 210.842, 429.090, 429.120, 442.035, 452.330, 452.345, 452.395, 452.402, 452.423, 452.490, 452.610, 454.150, 455.205, 473.420, 473.618, 474.510, 476.053, 478.463, 479.260, 479.261, 482.345, 483.310, 483.312, 483.500, 483.505, 483.510, 483.530, 483.535, 483.545, 483.550, 483.580, 483.591, 485.130, 485.150, 490.130, 491.280, 492.590, 494.456, 494.480, 506.140, 506.320, 508.200, 508.210, 508.220, 508.230, 511.510, 512.050, 514.010, 514.020, 514.290, 514.300, 514.303, 514.320, 514.330, 514.335, 514.440, 514.450, 514.460, 514.470, 514.475, 514.480, 514.490, 517.151, 531.010, 537.675, 550.260, 550.300, 561.035, 590.140, 595.045, and 630.167, RSMo 1994, and sections 302.137, 478.401 and 487.170, RSMo Supp. 1995, relating to the assessment, collection, disbursement and expenditure of moneys in judicial proceedings and judicial procedures, and to enact in lieu thereof eighty-six new sections relating to the same subject, with penalty provisions, an effective date for certain sections and expiration date for certain provisions.

     With House Amendments Nos. 1, 2, 3, 4, 5, 6 and 7, House Substitute Amendment No. 1 for House Amendment No. 8, House Amendments Nos. 9 and 10.

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 147, Section 514.015, Lines 7 through 22, by deleting all of said lines and on Page 148, by deleting lines 1 through 6, and by inserting in lieu thereof the following:

     "(3) Upon notification to the party from whom the court cost is due, and upon failure to pay the fee after such notice, the court may inform the office of administration of any delinquencies in excess of twenty-five dollars. Upon receiving such notice, and without further notice by the office of administration to the defaulting party, the office of administration shall deduct the amount of unpaid court costs from any state check due to the defaulting party under any provision of law. The office of administration shall transmit the amount set off to the court, and shall send the excess amount to the payee, with a notice that the remainder of the refund was transmitted to the court in satisfaction of all or part of the unpaid court costs. The office of administration and its officials and employees shall not be liable to any person for any action taken in accordance with the requirements of this subdivision. Any proceeding contesting any action taken by a court or the office of administration pursuant to this subdivision shall be brought in the court which certified such unpaid fees to the office of administration, and shall be deemed ancillary to the proceeding for which such unpaid fees were assessed. No appearance, responsive pleading or discovery shall be due from the office of administration in such proceeding except upon order of the court;"

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 1, In the Title, Line 18 of said title, by inserting immediately after the number "561.035," the number "575.130"; and

     Further amend said bill, Page 2, In the Title, Line 25 of said title, by deleting the word "eighty-six" and inserting in lieu thereof the word "ninety-four"; and

     Further amend said bill, Page 2, In the Title, Line 26 of said title, by inserting immediately after the word "provisions" the following: ", an emergency clause for certain sections,"; and

     Further amend said bill, Page 166, Section 10, Line 1 of said page, by inserting after all of said line the following:

     "Section D. Section 575.130, RSMo 1994, is repealed and eight new sections enacted in lieu thereof, to be known as sections 575.130, 1, 2, 3, 4, 5, 6 and 7, to read as follows:

     575.130. 1. A person commits the crime of simulating legal process if, with purpose to mislead the recipient and cause him to take action in reliance thereon, he delivers or causes to be delivered:

     (1) A request for the payment of money on behalf of any creditor that in form and substance simulates any legal process issued by any court of this state; or

     (2) Any purported summons, subpoena or other legal process knowing that the process was not issued or authorized by any court.

     2. This section shall not apply to a subpoena properly issued by a notary public.

     3. Simulating legal process is a class B misdemeanor.

     4. No person shall file a nonconsensual common law lien as defined in section 1 of this act.

     5. A violation of subsection 4 of this section is a class B misdemeanor.

     6. Subsection 4 of this section shall not apply to a filing officer as defined in section 1 of this act that is acting in the scope of employment.

     Section 1. 1. For the purposes of sections 1 to 7 of this act:

     (1) "Court" is the United States Supreme Court, Federal Courts of Appeal, Federal District Courts, Federal Magistrates, Federal Administrative Courts, Missouri supreme court, Missouri courts of appeal, Missouri circuit courts, and Missouri associate circuit courts but shall not include municipal courts;

     (2) "Filing officer" is the secretary of state, the recorder of deeds of any county, the circuit clerk of any county or any public official or authorized employee required by law to accept for filing and keep as a public record any lien, deed, instrument, judgment or other document, whether in paper, electronic or other form, required to be filed or recorded under the laws of this state;

     (3) "Nonconsensual common law lien" is a document that purports to assert a lien against the assets, real or personal, of any person and that, regardless of any self-description:

     (a) Is not expressly provided for by a specific state or federal statute;

     (b) Does not depend upon the consent of the owner of the property affected or the existence of a contract for its existence; and

     (c) Is not an equitable or constructive lien imposed by a state or federal court of competent jurisdiction.

     2. Nothing in sections 1 to 7 of this act shall be construed to create a lien or interest in property not otherwise existing under state or federal law.

     3. Nothing in sections 1 to 7 of this act shall be construed to permit a municipal court to create a lien or interest in property not otherwise existing under state or federal law.

     Section 2. 1. Any filing officer may reject for filing or recording any nonconsensual common law lien. This section shall not be construed to permit rejection of a document that is shown to be authorized by contract, lease or statute or imposed by a state or federal court of competent jurisdiction or filed by a licensed attorney, a financial institution including, but not limited to, any commercial bank, savings and loan association or credit union or a Missouri state licensed mortgage company or mortgage broker.

     2. If a nonconsensual common law lien has been accepted for filing, the filing officer shall accept for filing a sworn notice of invalid lien on a form provided by the filing officer signed and submitted by the person against whom such lien was filed or such person's attorney. The form shall be captioned "Notice of Invalid Lien" and shall state the name and address of the person on whose behalf such notice is filed, the name and address of the lien claimant and a clear reference to the document or documents the person believes constitute a nonconsensual common law lien. A copy of the notice of invalid lien shall be mailed by the filing officer to the lien claimant at the lien claimant's last known address within one business day. No filing officer, county or the state shall be liable for the acceptance for filing of a nonconsensual common law lien, nor for the acceptance for filing of a sworn notice of invalid lien pursuant to this subsection.

     Section 3. Any person who attempts to file a lien against real or personal property that is rejected pursuant to subsection 1 of section 2 of this act may petition the circuit court of the county of the filing officer that rejected such lien for an order, which may be granted ex parte, directing the filing officer to file or record the lien pending a hearing on whether the lien constitutes a nonconsensual common law lien. The lien claimant shall appear before the court as the petitioner within ten business days following the date of service of the petition and order on the filing officer, and show cause, if any, why the lien should not be declared void and other relief provided for by section 5 of this act should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner's attorney setting forth a concise statement of the facts upon which the claim for relief is based.

     Section 4. Any person who has real or personal property or an interest therein, which is subject to a recorded nonconsensual common law lien who believes such lien is invalid may petition the circuit court of the county in which the lien has been recorded or filed for an order, which may be granted ex parte, directing the lien claimant to appear before the court within ten business days following the date of service of the petition and order on the lien claimant, and show cause, if any, why the claim of lien should not be declared void and other relief provided for by section 5 of this act should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner's attorney setting forth a concise statement of the facts upon which the claim for relief is based.

     Section 5. 1. Any order rendered pursuant to section 3 or 4 of this act shall clearly state that if the lien claimant fails to appear at the time and place noted, the claim of lien shall be declared void ab initio and released and that the lien claimant shall be ordered to pay the costs incurred by any other party to the proceeding, including reasonable attorney's fees.

     2. If, following a hearing on the matter, the court determines that the document at issue is a nonconsensual common law lien, the court shall issue an order declaring the lien void ab initio, releasing the lien and awarding costs and reasonable attorney's fees to the prevailing party.

     3. If the court determines that the claim of lien is valid, the court shall issue an order so stating and may award costs and reasonable attorney's fees to the prevailing party.

     4. A certified copy of any order rendered pursuant to this section shall be filed by the circuit clerk in the office of the appropriate filing officer.

     Section 6. Filing officers and any employees thereof, acting in the scope of employment, shall not be liable for damages pursuant to sections 1 to 5 of this act and, except as otherwise provided by law, shall not be required to defend decisions to accept or reject any documents.

     Section 7. Any person who records or files in the office of a filing officer:

     (1) Any document purporting to create a nonconsensual common law lien against real or personal property; or

     (2) A notice of invalid lien pursuant to subsection 2 of section 2 of this act with respect to a valid lien and which the filer knew to be false at the time of filing; shall be liable to the damaged party for actual damages or five thousand dollars, whichever is greater plus costs and reasonable attorney's fees.

     Section E. Because immediate action is necessary to prevent injustice, section D of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section D of this act shall be in full force and effect upon its passage and approval.".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 1, In the Title, Line 7, by inserting after the figure "455.205," the following: "473.233,"; and

     Further amend said bill, Page 2, In the Title, Line 25, by deleting the word "eighty-six" and inserting in lieu thereof the following: "eighty-seven"; and

     Further amend said bill, Page 111, Section C, Line 16 of said page, by inserting after the figure "208.215," the following: "473.233,"; and

     Further amend said bill, Page 111, Section C, Line 18 of said page, by deleting the word "twenty-four" and inserting in lieu thereof the following: "twenty-five"; and

     Further amend said bill, Page 111, Section C, Line 19 of said page, by inserting after the figure "208.220," the following: "473.233,"; and

     Further amend said bill, Page 127, Section 208.220, Line 1 of said page, by inserting after all of said line the following:

     "473.233. 1. Within thirty days after letters are granted, unless a longer time is granted by the court, the personal representative shall make and return an inventory and appraisement, in one written instrument, of all of the property of the decedent, including exempt property, which comes to his possession or knowledge, a statement of all encumbrances, liens, and other charges on any item, and all other property possessed by decedent at the time of his death. The property shall be classified therein as follows:

     (1) Real property, with plat or survey description and the street address or approximate direction and distance from any city or town, and the popular name thereof, if any;

     (2) Furniture, household goods, and wearing apparel, but no detailed appraisement or listing of the items thereof is required;

     (3) Corporate stocks described by name, number of shares, class of stock;

     (4) Mortgages, bonds, notes, and other written evidences of debt, together with interest due thereon, described by name of debtor, recording data, and other identification;

     (5) Bank accounts, insurance policies payable to the personal representative, and money;

     (6) All other personal property accurately identified, including a statement of the decedent's proportionate share in any partnership and of its net value as shown in the inventory required by section 473.220. No detailed appraisement or listing of the assets of the partnership property is required in the inventory filed by the personal representative;

     (7) All property possessed but not owned by the decedent at his death shall be listed in the inventory, but separately from other property, together with a statement as to the knowledge of the personal representative as to its ownership.

     2. At any time when it appears necessary, the judge or clerk may authorize the personal representative to employ a qualified and disinterested appraiser to assist him in ascertaining the fair market value, as of the date of the decedent's death, of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The name and address of any appraiser shall be indicated on the inventory with the item or items he appraised.".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 22, Section 57.955, Line 5 of said page, by inserting after the following: "court." the following: "For purposes of this section, the term "county ordinance" shall not include any ordinance of the city of St. Louis."; and

     Further amend said bill, Page 23, Section 67.133, Line 19 of said page, by inserting after the following: "court." the following: "For purposes of this section, the term "county ordinance" shall not include any ordinance of the city of St. Louis.".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 1, In the Title, Line 8 of said title, by inserting immediately after the number "478.463," the number "479.020,"; and

     Further amend said bill, Page 2, In the Title, Line 25 of said title, by deleting the word "eighty-six" and inserting in lieu thereof the word "eighty-seven"; and

     Further amend said bill, Page 111, Section C, Line 16 of said page, by inserting immediately after the number "478.463," the number "479.020"; and

     Further amend said bill, Page 111, Section C, Line 18 of said page, by deleting the word "twenty-four" and inserting in lieu thereof the word "twenty-five"; and

     Further amend said bill, Page 111, Section C, Line 20 of said page, by inserting immediately after the number "478.463," the number "479.020,"; and

     Further amend said bill, Page 129, Section 478.463, Line 18 of said page, by inserting after all of said line the following:

     "479.020. 1. Any city, town or village, including those operating under a constitutional or special charter, may, and cities with a population of four hundred thousand or more shall, provide by ordinance or charter for the selection, tenure and compensation of a municipal judge or judges consistent with the provisions of this chapter who shall have original jurisdiction to hear and determine all violations against the ordinances of the municipality. The method of selection of municipal judges shall be provided by charter or ordinance. Each municipal judge shall be selected for a term of not less than two years as provided by charter or ordinance.

     2. Except where prohibited by charter or ordinance, the municipal judge may be a part-time judge and may serve as municipal judge in more than one municipality.

     3. No person shall serve as a municipal judge of any municipality with a population of seven thousand five hundred or more or of any municipality in a county of the first class with a charter form of government unless [he be] the person is licensed to practice law in this state unless, prior to January 2, 1979, [he] such person has served as municipal judge of that same municipality for at least three years.

     4. Notwithstanding any other statute, a municipal judge need not be a resident of the municipality or of the circuit in which [he] the municipal judge serves except where ordinance or charter provides otherwise. Municipal judges shall be residents of Missouri.

     5. Judges selected under the provisions of this section shall be municipal judges of the circuit court and shall be divisions of the circuit court of the circuit in which the municipality, or major geographical portion thereof, is located. The judges of these municipal divisions shall be subject to the rules of the circuit court which are not inconsistent with the rules of the supreme court. The presiding judge of the circuit shall have general administrative authority over the judges and court personnel of the municipal divisions within the circuit. Notwithstanding the foregoing provisions of this subsection, in any city with a population of over four hundred thousand with full-time municipal judges who are subject to a plan of merit selection and retention, such municipal judges and court personnel of the municipal divisions shall not be subject to court management and case docketing in the municipal divisions by the presiding judge or the rules of the circuit court of which the municipal divisions are a part.

     6. No municipal judge shall hold any other office in the municipality which [he] the municipal judge serves as judge. The compensation of any municipal judge and other court personnel shall not be dependent in any way upon the number of cases tried, the number of guilty verdicts reached or the amount of fines imposed or collected.

     7. Municipal judges shall be at least twenty-one years of age. No person shall serve as municipal judge after [he] that person has reached [his seventieth] that person's seventy-fifth birthday.

     8. Within six months after selection for the position, each municipal judge who is not licensed to practice law in this state shall satisfactorily complete the course of instruction for municipal judges prescribed by the supreme court. The state courts administrator shall certify to the supreme court the names of those judges who satisfactorily complete the prescribed course. If a municipal judge fails to complete satisfactorily the prescribed course within six months after [his] the municipal judge's selection as municipal judge, [his] the municipal judge's office shall be deemed vacant and such person shall not thereafter be permitted to serve as a municipal judge, nor shall any compensation thereafter be paid to such person for serving as municipal judge.".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 166, Section 10, Line 1 of said page, by inserting immediately after said line the following:

     "Section 11. 1. In addition to all court fees and costs prescribed by law, a surcharge of up to ten dollars shall be assessed as costs in each court proceeding filed in any court within the thirtieth judicial circuit in all criminal cases including violations of any county or municipal ordinance or any violation of a criminal or traffic law of the state, including an infraction, except that no such surcharge shall be collected in any proceeding in any court when the proceeding or defendant has been dismissed by the court or when costs are to paid by the state, county or municipality. For violations of the general criminal laws of the state or county ordinances, no such surcharge shall be collected unless it is authorized, by order, ordinance or resolution adopted prior to January 1, 1997, by the county government where the violation occurred. For violations of municipal ordinances, no such surcharge shall be collected unless it is authorized, by order, ordinance or resolution adopted prior to January 1, 1997, by the municipal government where the violation occurred. Such surcharges shall be collected and disbursed by the clerk of each respective court responsible for collecting court costs in the manner provided by section 514.015, RSMo, and shall be payable to the treasurer of the county where the violation occurred.

     2. Each county shall use all funds received pursuant to this section only to pay for the costs associated with the construction, maintenance and operation of the county judicial facility and the circuit juvenile detention center including, but not limited to, utilities, maintenance and building security. The county shall maintain records identifying such operating costs, and any moneys not needed for the operating costs of the county judicial facility shall be transmitted quarterly to the general revenue fund of the county.

     3. This section shall expire and be of no force and effect on and after January 1, 2005."; and

     Further amend the title and Section C of said bill accordingly.

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 127, Section 208.220, Line 1, by inserting immediately after said line the following:

     455.030. 1. When the court is unavailable after business hours or on holidays or weekends, a verified petition for protection from abuse or a motion for hearing on violation of any order of protection under sections 455.010 to 455.085 may be filed before any available circuit or associate circuit court judge in the city or county having jurisdiction to hear the petition pursuant to the guidelines developed pursuant to subsection 4 of this section. An ex parte order may be granted pursuant to section 455.035.

     2. All papers in connection with the filing of a petition or the granting of an ex parte order of protection or a motion for a hearing on a violation of an order of protection under this section shall be certified by such judge or the clerk within the next regular business day to the circuit court having jurisdiction to hear the petition.

     3. A petitioner seeking a protection order shall not be required to reveal any current address or place of residence except to the judge in camera for the purpose of determining jurisdiction and venue. The petitioner may be required to provide a mailing address unless the petitioner alleges that he or she would be endangered by such disclosure, or that other family or household members would be endangered by such disclosure.

     4. The supreme court shall develop guidelines which ensure that a verified petition may be filed on holidays, evenings and weekends.

     455.040. 1. Not later than fifteen days after the filing of a petition under sections 455.010 to 455.085 a hearing shall be held unless the court deems, for good cause shown, that a continuance should be granted. At the hearing, if the petitioner has proved the allegation of abuse or stalking by a preponderance of the evidence, the court shall issue a full order of protection for a [definite] period of time [, not to exceed one hundred eighty days] the court deems appropriate, except that the protective order shall be valid for at least one hundred eighty days and not more than one year. Upon motion by the petitioner, and after a hearing by the court, the full order of protection may be renewed for a period [not to exceed] of time the court deems appropriate, except that the protective order shall be valid for at least one hundred eighty days and not more than one year from the expiration date of the originally issued full order of protection. If for good cause a hearing cannot be held on the motion to renew the full order of protection prior to the expiration date of the originally issued full order of protection, an ex parte order of protection may be issued until a hearing is held on the motion. Upon motion by the petitioner, and after a hearing by the court, the second full order of protection may be renewed for an additional period [not to exceed] of time the court deems appropriate, except that the protective order shall be valid for at least one hundred eighty days and not more than one year. For purposes of this subsection, a finding by the court of a subsequent act of abuse is not required for a renewal order of protection.

     2. The court shall cause a copy of the petition and notice of the date set for the hearing on such petition and any ex parte order of protection to be personally served upon the respondent by personal process server as provided by law or by any sheriff or police officer at least three days prior to such hearing. Such shall be served at the earliest time, and service of such shall take priority over service in other actions, except those of a similar emergency nature. The court shall cause a copy of any full order of protection to be served upon or mailed by certified mail to the respondent at his last known address. Failure to serve or mail a copy of the full order of protection to the respondent shall not affect the validity or enforceability of a full order of protection.

     3. A copy of any order of protection granted under sections 455.010 to 455.085 shall be issued to the petitioner and to the local law enforcement agency in the jurisdiction where the petitioner resides. The clerk shall also issue a copy of any order of protection to the local law enforcement agency responsible for maintaining the Missouri uniform law enforcement system or any other comparable law enforcement system the same day the order is granted. The law enforcement agency responsible for maintaining MULES shall enter information contained in the order for purposes of verification within twenty-four hours from the time the order is granted. A notice of expiration or of termination of any order of protection shall be issued to the local law enforcement agency and to the law enforcement agency responsible for maintaining MULES or any other comparable law enforcement system. The law enforcement agency responsible for maintaining the applicable law enforcement system shall enter such information in the system."; and

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

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 135, Section 490.130, Line 1 of said page, by inserting immediately after said line the following:

     "494.490. In all trials of civil actions before a circuit judge, or an associate circuit judge sitting as a circuit judge, a jury shall consist of twelve persons selected pursuant to sections 494.400 to 494.505, unless all parties agree on a lesser number, but not less than eight, in which case the number of veniremen shall be reduced accordingly. Three-fourths or more jurors may return a lawful verdict. All verdicts shall be signed by each juror who agrees to the verdict."; and

     Further amend the title and section C of said bill accordingly.

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 149, Section 537.675, Line 18, by deleting the opening bracket "[" and also on page 150, section 537.675, line 16, by deleting the closing bracket "]"; and

     Further amend said bill, Pages 158 and 159, Section 7, by deleting all of section 7.

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Pages 128-129, Section 478.321, Lines 16-22 of page 128, and lines 1-4 of page 129, by striking all of said lines.

     Emergency Clause adopted.

     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 Speaker has appointed the following conferees to act with a like committee from the Senate on SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended: Representatives Hosmer, Schilling, Smith, Murray (135), Wooten.

     Senator Staples, on behalf of the conference committee appointed to act with a like committee from the House on HCS for HB 991, as amended, submitted the following conference committee report:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for House Bill No. 991, as amended, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on Senate Committee Amendment No. 1, Senate Committee Amendment No. 2, Senate Amendment No. 1, Senate Amendment No. 6, and Senate Amendment No. 15 to House Committee Substitute for House Bill No. 991;

     2. That the Senate recede from its position on Senate Committee Amendment No. 3, Senate Committee Amendment No. 4, Senate Amendment No. 2, Senate Amendment No. 3, Senate Amendment No. 4, Senate Amendment No. 5, Senate Amendment No. 7, Senate Amendment No. 11, Senate Amendment No. 12, Senate Amendment No. 13, and Senate Amendment No. 14 for House Committee Substitute for House Bill No. 991;

     3. That the attached Conference Committee Amendment No. 1 be adopted for House Committee Substitute for House Bill No. 991;

     4. That House Committee Substitute for Senate Bill No. 991 with Senate Committee Amendment No. 1, Senate Committee Amendment No. 2, Senate Amendment No. 1, Senate Amendment No. 6, Senate Amendment No. 15 and Conference Committee Amendment No. 1 be truly agreed and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Danny Staples       /s/ Don Koller

/s/ Bill McKenna      /s/ Joan Bray

/s/ Betty Sims      /s/ Tim Van Zandt

/s/ Morris Westfall      /s/ Bonnie Sue Cooper

J.B. "Jet" Banks      /s/ Cindy Ostmann

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

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

     Further amend said bill, Page 1, Section A, Line 3, by deleting the following: "11 and 12" and inserting in lieu thereof the following: "11, 12 and 13"; and

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

     "Section 13. 1. The department of highways and transportation shall not accept any bid for a highway project with an estimated cost in excess of two million dollars received from a contractor which has performed no work for the department during the preceding five years unless the department determines the contractor making such bid satisfies the provisions of subsections 2 and 3 of this section.

     2. For the purposes of determining the qualifications of contractors governed by subsection 1 of this section, the department of highways and transportation shall promulgate rules and regulations which determine said contractor's minimum qualifications necessary for the contractor's bid to be acceptable for a highway project in excess of two million dollars. The minimum qualifications shall determine the types of work and the maximum amount of work on which a contractor may submit a bid. The minimum qualifications shall be in regards to, but are not limited to, the following:

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

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

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

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

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

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

     (7) The equipment the contractor has available for the project which includes a list of the specific equipment available for the project;

     (8) Where practical, the contractor's bonding company shall provide records of its most recent audit.

     3. Any contractor which has performed no work for the department during the preceding five years and is making a bid for a project with an estimated cost in excess of two million dollars shall provide information to the department necessary for a determination of minimum qualifications pursuant to subsection 2 of this section.

     4. All information submitted by a contractor to the department relevant to a determination of minimum qualifications and all information used by the department to determine said contractor's qualifications shall be protected from disclosure pursuant to the provisions of section 610.021, RSMo.

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

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

	Yeas--Senators
Bentley	Caskey	DePasco	Ehlmann
Graves	House	Howard	Johnson
Kenney	Kinder	Lybyer	Mathewson
McKenna	Moseley	Mueller	Quick
Schneider	Sims	Singleton	Staples
Treppler	Westfall	Wiggins--23
	Nays--Senators
Banks	Clay	Curls