The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, Harry Truman said, "The White House is the finest prison in the world." Lord, we know that our state capitol can also be a prison. We are thankful for those who are willing to give of their time to serve others. We pray that You will be with them to give them strength and comfort. Help us to give in order that others might receive. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal of the previous day was read and approved.

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

	Present--Senators
Banks	Bentley	Caskey	Childers
Clay	Curls	DePasco	Ehlmann
Flotron	Goode	Graves	House
Howard	Jacob	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Mueller	Quick
Rohrbach	Russell	Schneider	Scott
Sims	Singleton	Staples	Westfall
Wiggins	Yeckel--34
	Absent with leave--Senators--None
	The Lieutenant Governor was present.

     Senator Sims moved that SCR 25, with SCA 1, be taken up for adoption, which motion prevailed.

     SCA 1 was taken up.

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

     On motion of Senator Sims, SCR 25, as amended, was adopted by the following vote:



	Yeas--Senators
Banks	Caskey	Childers	DePasco
Flotron	Goode	Graves	House
Howard	Johnson	Kenney	Kinder
Klarich	Lybyer	Mathewson	McKenna
Mueller	Quick	Rohrbach	Russell
Scott	Sims	Singleton	Staples
Westfall	Wiggins	Yeckel--27
	Nays--Senators--None
	Absent--Senators
Bentley	Clay	Curls	Ehlmann
Jacob	Maxwell	Schneider--7
	Absent with leave--Senators--None

     HB 13, with SCS, introduced by Representative Lumpe, entitled:

     An Act to appropriate money for real property leases, related services, utilities, systems furniture, and structural modifications for new FTE for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to appropriate money for capital improvements and the other expenses of the Office of Administration and the divisions and programs thereof, and to transfer money among certain funds, for the period beginning July 1, 1997, and ending June 30, 1998.

     Was taken up by Senator Lybyer.

     SCS for HB 13, entitled:

     An Act to appropriate money for real property leases, related services, utilities, systems furniture; and structural modifications for new FTE for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to appropriate money for capital improvements and the other expenses of the Office of Administration and the divisions and programs thereof, and to transfer money among certain funds, for the period beginning July 1, 1997, and ending June 30, 1998.

     Was taken up.

     Senator Lybyer moved that SCS for HB 13 be adopted.

     Senator Lybyer offered SA 1:

     Amend Senate Committee Substitute for House Bill No. 13, Page 3, Section 13.020, Line 2, by deleting on said line "General Revenue" and inserting in lieu thereof the following:

"General Revenue Fund"; and

     Further amend said bill, page 3, Section 13.025, line 7, by deleting on said line "General Revenue Fund" and inserting in lieu thereof the following:

"From Office of Administration Revolving Administrative Trust Fund"; and

     Further amend said bill, page 4, Section 13.040, line 3, by deleting all of said line and inserting in lieu thereof the following:

"For the payment of real property leases, related services, utilities, and"; and

     Further amend said bill, page 5, Section 13.045, line 7, by deleting on said line "General Revenue" and inserting in lieu thereof the following:

"General Revenue Fund".

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

     Senator Lybyer moved that SCS for HB 13, as amended, be adopted, which motion prevailed.

     On motion of Senator Lybyer, SCS for HB 13, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Caskey	Childers	DePasco
Flotron	Goode	Graves	House
Howard	Johnson	Kenney	Kinder
Klarich	Lybyer	Mathewson	McKenna
Mueller	Quick	Rohrbach	Russell
Schneider	Scott	Sims	Singleton
Staples	Westfall	Wiggins	Yeckel--28
	Nays--Senators--None
	Absent--Senators
Bentley	Clay	Curls	Ehlmann
Jacob	Maxwell--6
	Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     HB 15, with SCA 1, introduced by Representative Lumpe, entitled:

     An Act to appropriate money for capital improvement and other purposes for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, from the funds herein designated for the period beginning July 1, 1997, and ending June 30, 1999.

     Was taken up by Senator Lybyer.

     SCA 1 was taken up.

     Senator Lybyer offered SSA 1 for SCA 1:

     Amend House Bill No. 15, Page 32, Section 15.222, by inserting immediately after said section the following:

"Section 15.224. To the Department of Natural Resources

For the Division of Environmental Quality

For the purchase of land, building of

     facilities, and the purchase of the equipment

     necessary to implement the motor vehicle

     emissions inspection program; provided,

     however, that funds appropriated herein

     shall be administered under the oversight of a

     committee composed of three members of the

     House of Representatives appointed by the

     Speaker with no more than two members from

     any party, three members of the Senate

     appointed by the President Pro Tem with no

     more than two members from any party and

     the Director of the Department of Natural

     Resources or his designee

Representing expenditures originally authorized

     under the provisions of House Bill Section

     1023.116, an Act of the 87th General

     Assembly, Second Regular Session and most

     recently authorized under the provisions of

     House Bill Section 15.292, an Act of the 88th

     General Assembly, First Regular Session

From Federal and Other Funds . . . . . . .$1 E"; and

     Further amend said bill, page 47, section 15.330, by deleting said section in its entirety; and

     Further amend said bill, page 75, section 15.490, by inserting immediately after said section the following:

"Section 15.492. To the Department of Natural Resources

For the Division of Environmental Quality

For the purpose of funding a motor vehicle

     emissions program provided, however, that

     funds appropriated herein shall be

     administered under the oversight of a

     committee composed of three members of the

     House of Representatives appointed by the

     Speaker with no more than two members

     from any party, three members of the Senate

     appointed by the President Pro Tem with no

     more than two members from any party and

     the Director of the Department of Natural

     Resources or his designee

     Expense and Equipment

Representing expenditures originally authorized

     under the provisions of House Bill Section

     1006.322, and Act of the 88th General

     Assembly, Second Regular Session

From Missouri Air Pollution Control Fund,

Federal Funds, and Other Funds, excluding

General Revenue          $388,000";

     And further amend said bill, page 14, section 15.100, line 5, by deleting the number "5,153,059" and inserting in lieu thereof the number "453,059"; and further amend said section line 12, by deleting the number "7,740,781" and inserting in lieu thereof the number "3,040,781".

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

     On motion of Senator Lybyer, HB 15, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Childers
Clay	Curls	DePasco	Flotron
Goode	Graves	Howard	Jacob
Johnson	Kenney	Kinder	Klarich
Lybyer	Mathewson	Maxwell	McKenna
Quick	Rohrbach	Russell	Schneider
Scott	Sims	Singleton	Staples
Westfall	Wiggins--30
	Nays--Senators
Ehlmann	House	Mueller	Yeckel--4
	Absent--Senators--None
	Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     HB 16, introduced by Representative Lumpe, entitled:

     An Act to appropriate money for capital improvement and economic development projects for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, from the funds designated herein.

     Was taken up by Senator Lybyer.

     On motion of Senator Lybyer, HB 16 was read the 3rd time and passed by the following vote:

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

     The President declared the bill passed.

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

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

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

     HB 17, with SCA 1, introduced by Representative Lumpe, entitled:

     An Act to appropriate money for capital improvement projects involving the maintenance, repair, replacement, and improvement of state buildings and facilities, including installation, modification and renovation of facility components, equipment or systems, and to transfer money among certain funds.

     Was taken up by Senator Lybyer.

     SCA 1 was taken up.

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

     On motion of Senator Lybyer, HB 17, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Childers
Clay	Curls	DePasco	Ehlmann
Flotron	Goode	Graves	House
Howard	Jacob	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Mueller	Quick
Rohrbach	Russell	Schneider	Scott
Sims	Singleton	Staples	Westfall
Wiggins	Yeckel--34
	Nays--Senators--None
	Absent--Senators--None
	Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     HB 19, with SCA 1, introduced by Representative Lumpe, entitled:

     An Act to authorize the commencement of certain projects to be funded from the Third State Building Fund and the Third State Building Trust Fund pursuant to Article III, Section 37(d) of the Constitution of the State of Missouri and Section 8.275 RSMo.

     Was taken up by Senator Lybyer.

     SCA 1 was taken up.

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

     On motion of Senator Lybyer, HB 19, as amended, was read the 3rd time and passed by the following vote:

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

     The President Pro Tem declared the bill passed.

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

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

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

     HCS for HB 589, with SCS, entitled:

     An Act to repeal sections 99.340, 99.805, 99.810, 99.820, 99.825, 99.830, 99.835, 99.845 and 99.865, RSMo 1994, relating to real property tax increment allocation redevelopment, and to enact in lieu thereof ten new sections relating to the same subject.

     Was called from the Informal Calendar and taken up by Senator Mathewson.

     SCS for HCS for HB 589, entitled:

     An Act to repeal sections 99.340, 99.805, 99.810, 99.820, 99.825, 99.830, 99.835, 99.845 and 99.865, RSMo 1994, relating to real property tax increment allocation redevelopment, and to enact in lieu thereof ten new sections relating to the same subject.

     Was taken up.

     Senator Mathewson moved that SCS for HCS for HB 589 be adopted.

     Senator Mathewson offered SS for SCS for HCS for HB 589, entitled:

     An Act to repeal sections 99.340, 99.805, 99.810, 99.820, 99.825, 99.830, 99.835, 99.845 and 99.865, RSMo 1994, relating to real property tax increment allocation redevelopment, and to enact in lieu thereof eleven new sections relating to the same subject.

     Senator Mathewson moved that SS for SCS for HCS for HB 589 be adopted.

     Senator Wiggins assumed the Chair.

     Senator Mathewson offered SA 1:

     Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 34, Section 99.865, Line 2 of said page, by inserting immediately after said line the following:

     "100.840. 1. To provide funds for the present payment of the costs of economic development projects, the board may borrow money and issue and sell certificates payable from a sufficient portion of the future receipts of payments authorized by the agreement. The total amount of outstanding certificates sold by the board shall not exceed [thirty-five] fifty million dollars. The receipts shall be pledged to the payment of principal of and interest on the certificates. Certificates may be sold at public sale or at private sale at par, premium, or discount of not less than ninety-five percent of the par value thereof, at the discretion of the board, and may bear interest at such rate or rates as the board shall determine, notwithstanding the provisions of section 108.170, RSMo, to the contrary. Certificates may be issued with respect to a single project or multiple projects and may contain terms or conditions as the board may provide by resolution authorizing the issuance of the certificates.

     2. Certificates issued to refund other certificates may be sold at public sale or at private sale as provided in this section with the proceeds from the sale to be used for the payment of the certificates being refunded. The refunding certificates may be exchanged in payment and discharge of the certificates being refunded, in installments at different times or an entire issue or series at one time. Refunding certificates may be sold or exchanged at any time on, before, or after the maturity of the outstanding certificates to be refunded. They may be issued for the purpose of refunding a like, greater or lesser principal amount of certificates and may bear a higher, lower or equivalent rate of interest than the certificates being renewed or refunded.

     3. The board shall determine if revenues provided in the agreement are sufficient to secure the faithful performance of obligations in the agreement.

     4. Certificates issued pursuant to this section shall not be deemed to be an indebtedness of the state or the board or of any political subdivision of the state."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Johnson offered SA 2:

     Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 27, Section 99.845, Lines 4-28, by striking all of said lines; and

     Further amend said bill and section, page 28, lines 1-25, by striking all of said lines and inserting in lieu thereof the following:

     "4. Beginning January 1, 1998, for redevelopment plans and projects adopted or redevelopment projects approved by ordinance after August 31, 1991, up to fifty percent of all net new revenues from state sales taxes pursuant to section 144.020, RSMo, shall be collected by the department of revenue and placed in a separate account. According to rules promulgated by the department of revenue pursuant to section 536.024, RSMo, the department of revenue shall rebate such revenues to the treasurer or other designated financial officer of the municipality who shall deposit such funds into a separate, segregated account within the special allocation fund established pursuant to section 99.805. This account shall be separate from the account into which payments in lieu of taxes are deposited and separate from the account into which economic activity taxes are deposited. Excluded are sales taxes that are constitutionally dedicated, taxes deposited to the school district trust fund pursuant to section 144.701, and sales and use taxes on motor vehicles, trailers, boats and outboard motors. Such deposits shall be in addition to payments in lieu of taxes and economic activity taxes described in subsections 1, 2, and 3 of this section. The net new revenues from state sales taxes shall by separated according to businesses located within the redevelopment area as identified by the municipality. The calculation of net new revenues from state sales taxes shall be based upon the taxable, retail sales within the redevelopment area over and above taxable, retail sales which occurred within the redevelopment area in the calendar year immediately preceding the utilization of the provisions of this subsections. For all redevelopment plans or projects adopted after the effective date of this act, net new revenues from state sales taxes shall not be rebated or deposited into the special allocation account unless the municipality's redevelopment plan provides that one hundred percent of payments in lieu of taxes and fifty percent of economic activity taxes generated by the project shall be used for eligible redevelopment project costs while tax increment financing remains in effect for a redevelopment project.

     5. (1) Beginning January 1, 1998, for redevelopment plans and projects adopted or redevelopment projects approved by ordinance after the effective date of this act, up to one hundred percent of all net new revenues from state sales taxes pursuant to section 144.020, RSMo, which are collected in any city with a population in excess of four hundred thousand inhabitants as of the last decennial census, or in any county with a population of between fifty thousand and one hundred thousand inhabitants which contains a part of a city with a population of over four hundred thousand inhabitants, shall be collected by the department of revenue and placed in a separate account. The provisions of this subsection shall apply exclusively to projects relating to car race track activities classified in SIC 7944 which include redevelopment project costs in excess of one hundred million dollars and which are located within a state enterprise zone. According to rules promulgated by the department of revenue pursuant to section 536.024, RSMo, the department of revenue shall rebate such revenues to the treasurer or other designated financial officer of the municipality who shall deposit such funds into a separate, segregated account within the special allocation fund established pursuant to section 99.805. This account shall be separate from the account into which payments in lieu of taxes are deposited and separate from the account into which economic activity taxes are deposited. Excluded are sales taxes than are constitutionally dedicated, taxes deposited to the school district trust fund pursuant to section 144.701, RSMo, and sales and use taxes on motor vehicles, trailers, boats and outboard motors. Such deposits shall be in addition to payments in lieu of taxes and economic activity taxes as described in subsections 1, 2 and 3 of this section. The net new revenues from state sales taxes shall be separated according to businesses located within the redevelopment area as identified by the municipality. The calculation of net new revenues from state sales taxes shall be based upon the taxable, retail sales within a city with a population of over four hundred thousand inhabitants as of the last decennial census and within a county with a population between fifty thousand and one hundred thousand inhabitants which contains a part of a city with a population of over four hundred thousand inhabitants over and above the taxable retail sales which occurred in said cities and counties, in the calendar year immediately preceding the utilization of the provisions of this subsection. For all redevelopment plans or projects adopted after the effective date of this act, net new revenues from state sales taxes shall not be rebated or deposited into the special allocation account unless the municipality's redevelopment plan provides that one hundred percent of payments in lieu of taxes and fifty percent of economic activity taxes generated by the project shall be used for eligible redevelopment project costs while tax increment financing remains in effect for a redevelopment project.

     (2) The amount of net new revenues from state sales taxes, as provided for in subdivision (1) of this subsection, shall not be rebated and deposited into the special allocation fund if they exceed the amount approved in the application made and approved by the department of economic development pursuant to subsection 7 of this section. The provisions of this subsection shall not apply to any redevelopment project for which the estimated fiscal benefits of the project, as determined by the department of economic development in its review of such application, do not exceed the estimated costs for the state and affected political subdivisions. The provisions of this subsection shall not apply in redevelopment areas located within any city with a population of over four hundred thousand inhabitants where the provisions of subsection 4 of this section are applicable or may become applicable at a future date."; and

     Further amend said bill, page 29, section 99.845, line 7, by deleting all of said line and inserting in lieu thereof the following: "7. The rebate of up to fifty percent of all net new revenues"; and

     Further amend said bill, page 30, section 99.845, line 8, by deleting the word "tax" and inserting in lieu thereof the following "rebate of net new revenues from state sales taxes"; and

     Further amend said bill, page 30, section 99.845, line 19, by inserting immediately after said line the following: "However, net new revenues from state sales taxes which are collected by the department of revenue pursuant to subsection 5 of this section, and which are in excess of the amount approved by the director of the department of economic development for eligible project costs, shall revert to the state's general revenue fund.".

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

     President Wilson assumed the Chair.

     Senator Wiggins resumed the Chair.

     Senator Mathewson offered SA 3:

     Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 15, Section 99.810, Line 13 of said page, by striking the brackets around the word "shall" and striking the word "may"; and

     Further amend said bill, page 29, section 99.845, line 7, by inserting immediately after the word "of" as it first appears the following: "up to"; and

     Further amend said bill, Page 30, Section 99.845, Line 2 of said page, by striking all of said line and inserting in lieu thereof the following: "county of the first classification without a charter form of government which contains part of a city in excess of three hundred fifty"; and

     Further amend said bill, Page 30, Section 99.845, Line 8 of said page, by striking the word "tax" and inserting in lieu thereof the word "rebate".

     Senator Mathewson moved that the above amendment be adopted.

     Senator Mathewson offered SA 1 to SA 3, which was read:

     Amend Senate Amendment No. 3 to Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 1, by adding the following before line 1 of Senate Amendment No. 3: "Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 15, Section 99.820, Lines 11 and 12, by deleting all the underlined words on said lines.".

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

     SA 3, as amended, was again taken up.

     At the request of Senator Mathewson, SA 3, as amended, was withdrawn.

     Senator Goode offered SA 4:

     Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 3, Section 99.805, Lines 11-28 of said page, by striking all of said lines; and

     Further amend said bill and section, page 4, lines 1-5 of said page, by striking all of said lines and renumbering the remaining subdivisions accordingly; and

     Further amend said bill and section, page 7, line 28 of said page, by striking all of said line; and

     Further amend said bill and section, page 8, lines 1-5 of said page, by striking all of said lines and inserting in lieu thereof the following: "or its commission which contains a separate segregated account for each redevelopment plan, maintained by the treasurer of the municipality or the treasurer of the commission into which payments in lieu of taxes are deposited;"; and

     Further amend said bill, page 12, section 99.820, line 28 of said page, by striking all of said line; and

     Further amend said bill and section, page 13, lines 1-10 of said page, by striking all of said lines and inserting in lieu thereof the following:

     "(b) Surplus revenues, other than payments in lieu of taxes, deposited in the special allocation fund, shall be distributed on a basis that is proportional to the total receipt of such other revenues in such account in the year prior to disbursement;"; and

     Further amend said bill, page 27, section 99.845, lines 4-28 of said page, by striking all of said lines; and

     Further amend said bill and section, pages 28-29, lines 1-28 of both pages, by striking all of said lines; and

     Further amend said bill and section, page 30, lines 1-19 of said page, by striking all of said lines and inserting in lieu thereof the following:

     "4. The cost-benefit analysis required by section 99.810 includes a fiscal impact study upon the state of Missouri."; and

     Further amend said bill, page 31, section 99.865, lines 19-23 of said page, by striking all of said lines and renumbering the remaining subdivisions accordingly.

     Senator Goode moved that the above amendment be adopted.

     At the request of Senator Mathewson, HCS for HB 589, with SCS, SS for SCS, as amended, and SA 4 (pending), was placed on the Informal Calendar.

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SCS for HB 816: Senators Mathewson, Howard, Lybyer, Singleton and Childers.

     President Pro Tem McKenna referred HS for HCS for HB 361, with SCS, to the Committee on State Budget Control.

     Senator Schneider, Chairman of the Committee on Judiciary, submitted the following report:

     Mr. President: Your Committee on Judiciary, to which was referred HCS for HB 214, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     On motion of Senator Quick, the Senate recessed until 1:00 p.m.

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

     Senator Mathewson moved that HCS for HB 589, with SCS and SS for SCS, as amended, and SA 4 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SA 4 was again taken up.

     President Wilson resumed the Chair.

     Senator Ehlmann offered SA 1 to SA 4, which was read:

     Amend Senate Amendment No. 4 to Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 1, Section 99.805, Line 18, by adding after the letter "(b)", the following: "All".

     Senator Ehlmann moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Jacob, Rohrbach, Russell and Goode.

     SA 1 to SA 4 failed of adoption by the following vote:

	Yeas--Senators
Ehlmann	Flotron	Kenney	Kinder
Klarich	Mueller	Rohrbach	Schneider
Singleton--9
	Nays--Senators
Caskey	Childers	Clay	DePasco
Goode	House	Howard	Jacob
Johnson	Lybyer	Mathewson	Maxwell
McKenna	Quick	Russell	Scott
Sims	Staples	Westfall	Wiggins
Yeckel--21
	Absent--Senators
Banks	Bentley	Curls	Graves--4
	Absent with leave--Senators--None

     SA 4 was again taken up.

     Senator Mathewson requested a roll call vote be taken on SA 4 and was joined in his request by Senators Ehlmann, Singleton, Goode and Staples.

     SA 4 was adopted by the following vote:

	Yeas--Senators
Banks	Bentley	Clay	Ehlmann
Flotron	Goode	Graves	Jacob
Kinder	Klarich	Mueller	Quick
Rohrbach	Russell	Schneider	Sims
Singleton	Westfall--18
	Nays--Senators
Caskey	Childers	Curls	DePasco
House	Howard	Johnson	Kenney
Lybyer	Mathewson	Maxwell	McKenna
Scott	Staples	Wiggins	Yeckel--16
	Absent--Senators--None
	Absent with leave--Senators--None

     At the request of Senator Mathewson, HCS for HB 589, with SCS and SS for SCS, as amended (pending), was placed on the Informal Calendar.

     President Pro Tem McKenna resumed the Chair.

     At the request of Senator Quick, HCS for HB 276, with SCS, was placed on the Informal Calendar.

     HS for HCS for HB 738, with SCS, entitled:

     An Act to repeal sections 565.024 and 577.023, RSMo 1994, and sections 302.302, 302.309, 302.505, 302.545, 304.012, 577.020 and 577.041, RSMo Supp. 1996, relating to motor vehicles, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions and an emergency clause.

     Was taken up by Senator Caskey.

     SCS for HS for HCS for HB 738, entitled:

     An Act to repeal sections 301.160, 302.291, 302.292, 303.024, 303.025, 303.026, 303.030, 303.043, 565.024 and 577.023, RSMo 1994, and sections 302.302, 302.309, 302.505, 302.541, 302.545, 304.012, 577.020, 577.041, 610.122 and 610.123, RSMo Supp. 1996, relating to motor vehicles, and to enact in lieu thereof twenty-three new sections relating to the same subject, with penalty provisions and an effective date for certain sections and an emergency clause for certain sections.

     Was taken up.

     Senator Caskey moved that SCS for HS for HCS for HB 738 be adopted.

     Senator Scott offered SA 1:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 738, Page 19, Section 565.024, Lines 1-7, by deleting all of section 565.024; and further amend said bill, page 29, section 1, lines 1-7, by deleting all of "section 1"; and further amend said bill; page 29, Section 2, line 1, by deleting on line 1 the following: "Section 2", and inserting in lieu thereof the following: "Section 1"; and further amend said bill, page 29, Section 3, line 1, by deleting on line 1 the following: "Section 3", and inserting in lieu thereof the following "Section 2"; and further amend said bill, by amending the title and enacting clause accordingly.

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

     Senator Caskey offered SA 2:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 738, Page 27, Section 610.122.3, Lines 32-33, by deleting on said lines the following: "the civil division of the circuit court in the county where the arrest occurred"; and inserting in lieu thereof the following: "all law enforcement agencies"; and further amend said bill, page 27, section 610.122.3, line 36, by inserting after the word "arrest" the following: ", and the subject has not been convicted of any other felony during the fifteen-year period".

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

     Senator Goode offered SA 3:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House bill No. 738, Page 19, Section 304.012, Line 12, by inserting immediately after said line the following:

     "304.155. 1. Any law enforcement officer within the officer's jurisdiction, or an officer of a government agency where that agency's real property is concerned, may authorize a towing company to remove to a place of safety:

     (1) Any abandoned property on the right-of-way of:

     (a) Any interstate highway or freeway in an urbanized area, left unattended for ten hours;

     (b) Any interstate highway or freeway outside of an urbanized area, left unattended for forty-eight hours;

     (c) Any state highway other than an interstate highway or freeway in an urbanized area, left unattended for more than ten hours; or

     (d) Any state highway other than an interstate highway or freeway outside of an urbanized area, left unattended for more than forty-eight hours; provided that commercial motor vehicles not hauling waste designated as hazardous under 49 U.S.C. 5103(a) may only be removed under this subdivision to a place of safety until the owner or owner's representative has had a reasonable opportunity to contact a towing company of choice;

     (2) Any unattended abandoned property illegally left standing upon any highway or bridge if the abandoned property is left in a position or under such circumstances as to obstruct the normal movement of traffic where there is no reasonable indication that the person in control of the property is arranging for its immediate control or removal;

     (3) Any abandoned property which has been abandoned under section 577.080, RSMo;

     (4) Any abandoned property which has been reported as stolen or taken without consent of the owner;

     (5) Any abandoned property for which the person operating such property is arrested for an alleged offense for which the officer is required to take the person into custody and where such person is unable to arrange for the property's timely removal;

     (6) Any abandoned property which due to any other state law or local ordinance is subject to towing because of the owner's outstanding traffic or parking violations;

     (7) Any abandoned property left unattended in violation of a state law or local ordinance where signs have been posted giving notice of the law or where the violation causes a safety hazard; or

     (8) Any abandoned property illegally left standing on the waters of this state as defined in section 306.010, RSMo, where the abandoned property is obstructing the normal movement of traffic, or where the abandoned property has been unattended for more than ten hours or floating loose on the water.

     2. The state highways and transportation department may immediately remove any abandoned, unattended, wrecked, burned or partially dismantled property, spilled cargo or other personal property from the roadway of any state highway if the abandoned property, cargo or personal property is creating a traffic hazard because of its position in relation to the state highway. In the event the property creating a traffic hazard is a commercial motor vehicle, as defined in section 302.700, RSMo, the department's authority under this subsection shall be limited to authorizing a towing company to remove the commercial motor vehicle to a place of safety, except that the owner of the commercial motor vehicle or the owner's designated representative shall have a reasonable opportunity to contact a towing company of choice. The provisions of this subsection shall not apply to vehicles transporting any material which has been designated as hazardous under section 5103(a) of Title 49, U.S.C.

     3. Any law enforcement agency authorizing a tow under this section in which the abandoned property is moved from the immediate vicinity shall complete a crime inquiry and inspection report. Any state or federal government agency other than a law enforcement agency authorizing a tow under this section in which the abandoned property is moved away from the immediate vicinity in which it was abandoned shall report the towing to the state highway patrol or water patrol within [one hour] two hours of the tow along with a [description of the abandoned property sufficient to make a criminal] crime inquiry and inspection report as required in this section. Any local government agency, other than a law enforcement agency, authorizing a tow under this section where property is towed away from the immediate vicinity shall report the tow to the local law enforcement agency within two hours along with a crime inquiry and inspection report.

     4. Neither the law enforcement officer, government agency official nor anyone having custody of abandoned property under his direction shall be liable for any damage to such abandoned property occasioned by a removal authorized by this section or by ordinance of a county or municipality licensing and regulating the sale of abandoned property by the municipality, other than damages occasioned by negligence or by willful or wanton acts or omissions.

     5. The owner of abandoned property removed as provided in this section or in section 304.157 shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property as provided in section 304.158.

     6. Upon the towing of any abandoned property under this section or under authority of a law enforcement officer or local government agency under section 304.157, the law enforcement agency that authorized such towing or was properly notified by another government agency of such towing shall promptly make an inquiry with the national crime information center and any statewide Missouri law enforcement computer system to determine if the abandoned property has been reported as stolen and shall enter the information pertaining to the towed property into the statewide law enforcement computer system. If the abandoned property is not claimed within ten working days of the towing, the law enforcement agency shall submit a crime inquiry and inspection report to the director of revenue[, on any unclaimed abandoned property, within ten working days of the towing of the abandoned property]. A towing company in possession of abandoned property after ten working days shall report such fact to the law enforcement agency with which the crime inquiry and inspection report was filed. The crime inquiry and inspection report shall be designed by the director of revenue and shall include the following:

     (1) The year, model, make and property identification number of the property and the owner and any lienholders, if known;

     (2) A description of any damage to the property noted by the [law enforcement] officer authorizing the tow;

     (3) The license plate or registration number and the state of issuance, if available;

     (4) The storage location of the towed property;

     (5) The name, telephone number and address of the towing company;

     (6) The date, place and reason for the towing of the abandoned property;

     (7) The date of the inquiry of the national crime information center, any statewide Missouri law enforcement computer system and any other similar system which has titling and registration information to determine if the abandoned property had been stolen. This information shall be entered only by the law enforcement agency making the inquiry;

     (8) The signature and printed name of the [law enforcement] officer authorizing the tow and the towing operator; and

     (9) Any additional information the director of revenue deems appropriate.

     [7. The department of revenue may design and make available to police agencies throughout the state a uniform "Authorization to Tow" form. The form shall contain lines for time, date, location, descriptive information of the vehicle, reason for towing, the tow operator and company and signature of authorizing officer. The cost of the forms will be determined by the department of revenue. The completed form shall be issued by the authorizing officer to the tow operator for that company's records as proof of authorization to tow a particular vehicle.]

     [8.] 7. One copy of the crime inquiry and inspection report shall remain with the agency which authorized the tow. One copy shall be provided to and retained by the storage facility and one copy shall be retained by the towing facility in an accessible format in the business records for a period of three years from the date of the tow or removal.

     [9.] 8. The owner of such abandoned property, or the holder of a valid security interest of record, may reclaim it from the towing company upon proof of ownership or valid security interest of record and payment of all reasonable charges for the towing and storage of the abandoned property.

     [10.] 9. Any person who removes abandoned property at the direction of a law enforcement officer or an officer of a government agency where that agency's real property is concerned as provided in this section shall have a lien for all reasonable charges for the towing and storage of the abandoned property until possession of the abandoned property is voluntarily relinquished to the owner of the abandoned property or to the holder of a valid security interest of record. Any personal property within the abandoned property need not be released to the owner thereof until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except that any medication prescribed by a physician shall be released to the owner thereof upon request. The company holding or storing the abandoned property shall either release the personal property to the owner of the abandoned property or allow the owner to inspect the property and provide an itemized receipt for the contents. The company holding or storing the property shall be strictly liable for the condition and safe return of the personal property. Such lien shall be enforced in the manner provided under section 304.156.

     [11.] 10. Towing companies shall keep a record for three years on any abandoned property towed and not reclaimed by the owner of the abandoned property. Such record shall contain [a copy of the law enforcement officer's] information regarding the authorization to tow, copies of all correspondence with the department of revenue concerning the abandoned property, and information concerning the final disposition of the possession of the abandoned property.

     [12.] 11. If a lienholder repossesses any motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel [by having such property towed] without the knowledge or cooperation of the owner, then the [towing company and the lienholder] repossesser shall notify the [Missouri state highway patrol of such tow within one hour] local law enforcement agency where the repossession occurred within two hours of the [tow being made] repossession and shall further provide the [patrol] local law enforcement agency with any additional information the [patrol] agency deems appropriate. The local law enforcement agency shall make an inquiry with the national crime information center and the Missouri statewide law enforcement computer system and shall enter the repossessed vehicle into the statewide law enforcement computer system.

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

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

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

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

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

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

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

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

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

     2. A towing company may assess reasonable storage charges for abandoned property only for the time in which it complies with the procedural requirements of [this section] sections 304.155 to 304.158.

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

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

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

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

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

     4. If no ownership information is discovered, the director of revenue shall be notified in writing and title obtained in accordance with subsection 6 of this section.

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

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

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

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

     7. Thirty days after the notification form has been mailed to the abandoned property owner and holder of a security agreement and the property is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, and the owner or holder of a security agreement has not requested a hearing as provided in subsection [4] 5 of this section, the lienholder in possession may apply to the director of revenue for a salvage certificate of title designated with the words "salvage/abandoned property" or junking certificate based on the condition of the abandoned property as stated in the abandoned property report or crime inquiry and inspection report. The application for title shall be accompanied by:

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

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

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

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

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

     9. Any municipality or county may adopt an ordinance regulating the removal and sale of abandoned property provided such ordinance is consistent with sections 304.155 to 304.158.

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

     11. Any persons who have towed abandoned property prior to August 28, 1996, may, [within one year after August 28, 1996] until January 1, 1998, apply to the department of revenue for either a junking certificate or a salvage certificate of title designated with the words "salvage/abandoned property" to such property. The application shall be accompanied by:

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

     (2) The date of the removal;

     (3) The current location of the abandoned property;

     (4) An inspection of the abandoned property as prescribed [in section 304.155] by the director; and

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

     12. If the director is satisfied with the genuineness of the application and supporting documents submitted pursuant to this section, the director shall issue a salvage certificate of title designated with the words "salvage/abandoned property" or a junking certificate.

     13. When an application is made for an original Missouri certificate of ownership on abandoned property previously issued a salvage title as provided in this section, the application shall be accompanied by a properly completed vehicle examination certificate as provided in section 301.190, RSMo, in addition to other documents and fees required by law. Notwithstanding the provisions of section 301.573, RSMo, to the contrary, if satisfied with the genuiness of the application and supporting documents, the director shall issue an original title that shall not designate the abandoned property as being prior salvage unless the examination certificate indicates the vehicle was previously in a salvaged condition or rebuilt.

     14. If the proceeds obtained by the towing company from sale of the abandoned property exceed the reasonable costs of towing and storage as allowed by law and the costs of retitling such property by more than one hundred dollars, the proceeds shall be returned to the previous owner of the property by a check made payable to both the previous owner and any lienholder of record. Such check shall be made out to the owner and lienholder in the conjunctive, "and", not the disjunctive, "or".

     304.157. 1. If a person abandons property, as defined in section 304.001, on any real property owned by another without the consent of the owner or person in possession of the property, at the request of the person in possession of the real property, any member of the state highway patrol, state water patrol, sheriff, or other law enforcement officer within his jurisdiction may authorize a towing company to remove such abandoned property from the property in the following circumstances:

     (1) The abandoned property is left unattended for more than forty-eight hours; or

     (2) In the judgment of a law enforcement officer, the abandoned property constitutes a safety hazard or unreasonably interferes with the use of the real property by the person in possession.

     2. A local government agency may also provide for the towing of motor vehicles from real property under the authority of any local ordinance providing for the towing of vehicles which are derelict, junk, scrapped, disassembled or otherwise harmful to the public health under the terms of the ordinance. Any local government agency authorizing a tow under this subsection shall report the tow to the local law enforcement agency within two hours with a crime inquiry and inspection report under section 304.155.

     3. Neither the law enforcement officer, local government agency nor anyone having custody of abandoned property under his direction shall be liable for any damage to such abandoned property occasioned by a removal authorized by this section other than damages occasioned by negligence or by willful or wanton acts or omissions.

     [2.] 4. The owner of real property or lessee in lawful possession of the real property may authorize a towing company to remove abandoned property without authorization by a law enforcement officer only when the owner, lessee or agent of the real property is present and only under any of the following circumstances:

     (1) There is displayed, in plain view at all entrances to the property, a sign not less than seventeen by twenty-two inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that unauthorized abandoned property will be removed at the owner's expense, disclosing the maximum fee for all charges related to towing and storage, and containing the telephone number of the local traffic law enforcement agency where information can be obtained;

     (2) The abandoned property is left unattended on private property for over ninety-six hours and lacks an engine, transmission, wheels, tires, doors, windshield or any other major part or equipment necessary to operate safely on the highways[, the owner or lessee of the private property has notified the city police or county sheriff, as appropriate, and ninety-six hours have elapsed since that notification]; or

     (3) The abandoned property is left unattended on private property[, and the owner, lessee or agent of the real property in lawful possession of real property has notified the appropriate law enforcement agency, and ten days have elapsed since that notification] for over ten days.

     [3.] 5. Pursuant to this section, any owner or lessee in lawful possession of real property that requests a towing company to tow abandoned property without authorization from a law enforcement officer shall [within one hour of the tow file] at that time complete an abandoned property report [with the appropriate law enforcement agency where the property is located] which shall be considered a legal declaration subject to criminal penalty under section 575.060, RSMo. The report shall be in the form prescribed by the director of revenue and shall contain the following:

     (1) The year, model, make and abandoned property identification number of the property and the owner and any lienholders, if known;

     (2) A description of any damage to the abandoned property noted by owner or lessee in possession of the real property;

     (3) The license plate or registration number and the state of issuance, if available;

     (4) The physical location of the property and the reason for requesting the property to be towed;

     (5) The date the report is completed;

     (6) The signature and printed name, address and phone number of the owner or lessee in possession of the real property; [and]

     (7) The towing company's name and address;

     (8) The signature of the towing operator;

     [(7)] (9) Space for the name of the law enforcement agency notified of the towing of the abandoned property and for the signature of the law enforcement official receiving the report; and

     (10) Any additional information the director of revenue deems appropriate.

[The department of revenue may design and make available to police agencies throughout the state a uniform "Authorization to Tow" form. The form shall contain lines for time, date, location, descriptive information of the vehicle, reason for towing, the tow operator and company and signature of authorizing officer. The cost of the forms shall be determined by the department of revenue. The completed form shall be issued by the authorizing officer to the tow operator for that company's records as proof of authorization to tow a particular vehicle.]

     6. Any towing company which tows abandoned property without authorization from a law enforcement officer pursuant to subsection 4 of this section shall deliver a copy of the abandoned property report to the local law enforcement agency having jurisdiction over the location from which the abandoned property was towed. The copy may be produced and sent by facsimile machine or other device which produces a near exact likeness of the print and signatures required, but only if the law enforcement agency receiving the report has the technological capability of receiving such copy and has registered the towing company for such purpose. The report shall be delivered within two hours if the tow was made from a signed location under subdivision (1) of subsection 4; otherwise, the report shall be delivered within twenty-four hours.

     [4.] 7. The law enforcement agency receiving such abandoned property report must record the date on which the abandoned property report is filed with such agency and [within five days of such filing] shall promptly make an inquiry into the national crime information center and any statewide Missouri law enforcement computer system to determine if the abandoned property has been reported as stolen. The law enforcement agency shall enter the information pertaining to the towed property into the statewide law enforcement computer system, and an officer shall sign the abandoned property report and provide the towing company with a signed copy. The department of revenue may design and sell to towing companies informational brochures outlining owner or lessee of real property obligations pursuant to this section.

     [5. Neither the law enforcement officer nor anyone having custody of abandoned property under his direction shall be liable for any damage to such abandoned property occasioned by a removal authorized by this section other than damages occasioned by negligence or by willful or wanton acts or omissions.]

     [6. Any towing company which tows abandoned property without authorization from a law enforcement officer pursuant to subdivision (1) of subsection 2 of this section shall within one hour of the tow report the event and the circumstances to the local law enforcement agency where the abandoned property report was filed.]

     [7.] 8. The law enforcement agency receiving notification that abandoned property has been towed by a towing company shall [record the date the property was towed and shall forward a copy of the abandoned property report to the director of revenue.] search the records of the department of revenue and provide the towing company with the latest owner and lienholder information on the abandoned property. If the abandoned property is not claimed within ten working days, the towing company shall send a copy of the abandoned property report signed by a law enforcement officer to the department of revenue.

     [8.] 9. If any owner or lessee of real property knowingly authorizes the removal of abandoned property in violation [pursuant to subsection 2 of this section and such property is so removed and no sign is displayed prior to such removal as required pursuant to subsection 2] of this section, then the owner or lessee shall be deemed guilty of a class C misdemeanor.

     304.158. 1. [The person or agency causing] Notice as to the removal of any abandoned property under section 304.155 or 304.157 shall [, if the person or agency knows the registered owner or lienholder,] be made in writing within five working days [, give notice in writing] to the registered owner and any lienholder of the fact of the removal, the grounds for the removal, and [indicate] the place to which the property has been removed by either:

     (1) The public agency authorizing the removal; or

     (2) The towing company, where authorization was made by an owner or lessee of real property.

If the abandoned property is stored in any storage facility, a copy of the notice shall be given to the operator of the facility. The notice provided for in this section shall include the amount of mileage, if available, shown on the abandoned property at the time of removal.

     2. Any owner of any private real [estate] property causing the removal of abandoned property from that real [estate] property shall state the grounds for the removal of the abandoned property if requested by the registered owner of that abandoned property. Any towing company that lawfully removes abandoned property from private property with the written authorization of the property owner or the property owner's agent who is present at the time of removal shall not be held responsible in any situation relating to the validity of the removal. Any towing company that removes abandoned property at the direction of the landowner shall be responsible for:

     (1) Any damage caused by the towing company to the property in the transit and subsequent storage of the property; and

     (2) The removal of property other than the property specified by the owner of the private property from which the abandoned property was removed.

     3. The owner of abandoned property removed from private property may recover for any damage to the property resulting from any act of any person causing the removal of, or removing, the abandoned property.

     4. Any owner of any private property causing the removal of abandoned property parked on that property is liable to the owner of the abandoned property for double the storage or towing charges whenever there has been a failure to comply with the requirements of this section or [to state the grounds for the removal of the property if requested by the registered owner of the abandoned property as required by subsection 2 of this section] section 304.157.

     5. Any towing company which tows abandoned property for hire shall have the towing company's name, city and state clearly printed in letters at least three inches in height on the sides of the truck, wrecker or other vehicle used in the towing.

     6. A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of abandoned property at the request of the owner of private property or that owner's agent pursuant to this section if the owner of the abandoned property or the owner's agent returns to the abandoned property before it is removed from the private property. The regular towing charge may only be imposed after the abandoned property has been removed from the property and is in transit.

     7. Persons operating or in charge of any storage facility where the abandoned property is stored pursuant to this section shall accept cash for payment of towing and storage by a registered owner or the owner's agent claiming the abandoned property. [Persons operating or in charge of any storage facility which is not operated by the state, a county or municipality, which is located in an area with a population in excess of fifty thousand at a density at or greater than one thousand persons per square mile, and where the abandoned property is stored pursuant to this section shall accept a valid bank credit card for payment of towing and storage by a registered owner or the owner's agent claiming the abandoned property, except where the tow and impoundment of the abandoned property was the result of an arrest or accident whereby the towing company or storage facility may then demand payment in the form of cash. A person operating or in charge of such storage facility who refuses to accept a valid bank credit card pursuant to this subsection is liable to the registered owner of the abandoned property for four times the amount of the towing and storage charges, but not to exceed five hundred dollars.] In addition, persons operating or in charge of the storage facility shall have sufficient moneys on the premises to accommodate, and make change in, a reasonable monetary transaction.

     8. A towing company shall not remove or commence the removal of abandoned property from private property without first obtaining written authorization from the property owner. All written authorizations shall be maintained for at least one year by the towing company. General authorization to remove or commence removal of abandoned property at the towing company's discretion shall not be delegated to a towing company or its affiliates except in the case of abandoned property unlawfully parked within fifteen feet of a fire hydrant or in a fire lane designated by a fire department or the state fire marshal.

     9. Any towing company, or any affiliate of a towing company, which removes, or commences removal of, abandoned property from private property without first obtaining written authorization from the property owner or lessee, or an employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted in subsection 8 of this section, is liable to the owner of the property for four times the amount of the towing and storage charges, in addition to any applicable criminal penalty, for a violation of this section.

     10. Any county, city, town or village may enact ordinances or orders which are consistent with sections 304.155 to 304.158 and which may specify maximum reasonable towing, storage and other charges which can be imposed by towing and storage companies operating within the governmental entity's jurisdiction.

     11. Any person who knowingly violates any provision of sections 304.155 to 304.158 shall be guilty of a class A misdemeanor. Any violation of the provisions of this section shall constitute a violation of the provisions of section 407.020, RSMo. In any proceeding brought by the attorney general for a violation of the provisions of this section, the court may, in addition to imposing the penalties provided for in this section order the revocation or suspension of the registration or license of the towing company."; and

     Further amend said bill, page 34, Section B, line 29, by striking the following: "this act is" and inserting in lieu thereof the following: "sections 301.280, 301.550, 301.553, 301.555, 301.557, 301.559, 301.560, 301.561, 301.562, 301.563, 301.564, 301.565, 301.566, 301.570 and 301.573 are"; and further amend line 32, by striking "this act" and inserting in lieu thereof the following: "sections 301.280, 301.550, 301.553, 301.555, 301.557, 301.559, 301.560, 301.561, 301.562, 301.563, 301.564, 301.565, 301.566, 301.570 and 301.573"; and

     Further amend the title and enacting clause accordingly.

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

     Senator Jacob offered SA 4, which was read:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 738, Page 29, Section 3, Line 3, by inserting after all of said line the following:

     "Section 4. Upon a finding or plea of guilty to any felony with a required culpable mental state as set forth in subsection 2 or 3 of section 562.016, RSMo, the court shall, upon motion of any victim, conduct a hearing before final sentencing, to determine the amount due to the victim as restitution by a preponderance of the evidence. The victim may be represented by counsel other than the prosecutor in the hearing. The court shall issue a civil judgment in that amount payable to the victim. The court may, in its discretion, include the amount ordered to be payable to the victim for restitution as a condition of probation.

     Section 5. The board of probation and parole may, in its discretion, require restitution established pursuant to section 4 of this act, if any, to be paid by the offender as a condition of parole."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Singleton offered SA 5:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 738, Page 29, Section 3, Line 3, by inserting immediately after all of said line the following:

     "Section 4. At least two public defenders shall be reassigned to offices in the fortieth judicial circuit provided that each county in such circuit fund, on the basis of population, its pro rata share of the costs of office space and utility services.".

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

     Senator Rohrbach offered SA 6:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 738, Page 12, Section 302.545, Lines 15 to 27, by striking all of said lines; and

     Further amend said bill, page 12, section 302.545, line 28, by striking the following: "[2] 3." and inserting in lieu thereof the following: "2."; and

     Further amend said bill, page 29, section 2, lines 1 to 17, by striking all of said lines; and

     Further, by amending the title and enacting clause accordingly.

     Senator Rohrbach moved that the above amendment be adopted.

     At the request of Senator McKenna, SA 6 was divided into two parts; Part 1 to deal with page 12, Section 302.545 and Part 2 to deal with page 29, Section 2.

     Senator Rohrbach moved that Part 1 of SA 6 be adopted, which motion failed.

     Senator Rohrbach moved that Part 2 of SA 6 be adopted, which motion failed on a standing division vote.

     Senator Quick offered SA 7:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 738, Page 23, Section 577.023, Line 89, by inserting immediately after said line the following:

     "577.037. 1. Upon the trial of any person for violation of any of the provisions of section 565.024, RSMo, or section 565.060, RSMo, or section 577.010 or 577.012, or upon the trial of any criminal action or violations of county or municipal ordinances or in any license suspension or revocation proceeding pursuant to the provisions of chapter 302, RSMo, arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence and the provisions of subdivision (5) of section 491.060, RSMo, shall not prevent the admissibility or introduction of such evidence if otherwise admissible. If there was ten-hundredths of one percent or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.

     2. Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood or grams of alcohol per two hundred ten liters of breath.

     3. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was intoxicated.

     4. A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in subsection 1 of this section, shall have been performed as provided in sections 577.020 to 577.041 and in accordance with methods and standards approved by the state department of health. Any person who submits to a chemical test shall sign a form stating that such test was conducted before such test may be admitted into evidence, unless such test is conducted pursuant to section 577.033. Such person may request that the results of the chemical test be made available to him.

     5. Any charge alleging a violation of section 577.010 or 577.012 or any county or municipal ordinance prohibiting driving while intoxicated or driving under the influence of alcohol shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva, or urine performed in accordance with sections 577.020 to 577.041 and rules promulgated thereunder by the state department of health demonstrate that there was less than ten-hundredths of one percent of alcohol in the defendant's blood unless one or more of the following considerations cause the court to find a dismissal unwarranted:

     (1) There is evidence that the chemical analysis is unreliable as evidence of the defendant's intoxication at the time of the alleged violation due to the lapse of time between the alleged violation and the obtaining of the specimen;

     (2) There is evidence that the defendant was under the influence of a controlled substance, or drug, or a combination of either or both with or without alcohol; or

     (3) There is substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Schneider offered SA 8:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 738, Page 19, Section 304.024, Line 7, by inserting after said line:

     "569.170. 1. A person commits the crime of burglary in the second degree when he knowingly enters unlawfully or knowingly remains unlawfully in a building, [or] inhabitable structure, railroad car, trailer or container on a railroad car, for the purpose of committing a crime therein.

     2. Burglary in the second degree is a class C felony."; and

     Further amend the title and enacting clause accordingly.

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

     Senator McKenna offered SA 9:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 738, Page 10, Section 302.309, Line 147, by inserting immediately after said line the following:

     "No rule or portion of a rule promulgated pursuant to this section shall become effective unless it has been promulgated in accordance with the provisions of chapter 536, RSMo, including, but not limited to, section 536.028, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed. The provisions of this section and section 536.028 are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void."; and

     Further amend page 19, section 304.012, line 12, by inserting immediately after said line the following:

     "536.028. 1. The delegation of authority to any state agency to propose to the general assembly rules as provided under this section is contingent upon the agency complying with the provisions of this section and this delegation of legislative power to the agency to propose an order of rulemaking containing a rule or portion thereof that has the effect of substantive law, other than a rule relating to the agency's organization and internal management, is contingent and dependent upon the power of the general assembly to review such proposed order of rulemaking, to delay the effective date of such proposed order of rulemaking until the expiration of at least thirty legislative days of a regular session after such order is filed with the general assembly and the secretary of state, and to disapprove and annul any rule or portion thereof contained in such order of rulemaking.

     2. No rule or portion of a rule that has the effect of substantive law shall become effective until the order of rulemaking, in which such rule or portion thereof is contained, has been reviewed by the general assembly in accordance with the procedures provided herein and the agency's authority to propose an order of rulemaking is dependent upon the power of the general assembly to disapprove and annul any such proposed rule or portion thereof as provided herein.

     3. In order for the general assembly to have an effective opportunity to be advised of rules proposed by any state agency under the authority of this section, an agency may propose a rule by complying with the procedures provided in section 536.021, except that the notice of proposed rulemaking shall first be filed with the general assembly by providing a copy thereof to the joint committee on administrative rules which may hold hearings upon any proposed rule or portion thereof at any time. The agency shall cooperate with the joint committee on administrative rules by providing any witnesses, documents or information within the control of the agency as may be requested.

     4. In order to propose an order of rulemaking to the general assembly, the agency shall comply with the provisions of section 536.021, except that the agency may file a proposed order of rulemaking with the secretary of state only by first filing such proposed order with the general assembly by providing a copy thereof to the secretary of the senate and the clerk of the house of representatives. The president pro tem of the senate shall direct that a copy of the proposed order of rulemaking be delivered to the joint committee on administrative rules which may hold hearings thereon. The agency shall cooperate with the committee by providing any witnesses, documents or information within the control of the agency as may be requested.

     5. Such proposed order of rulemaking shall not become effective prior to the expiration of thirty legislative days of a regular session after such order is filed with the secretary of state and the general assembly.

     6. The committee may, by majority vote of its members, recommend that the general assembly disapprove and annul any rule or portion thereof contained in an order of rulemaking after hearings thereon and, upon a finding that such rule or portion thereof should be disapproved and annulled upon the following grounds:

     (1) Such rule is substantive in nature in that it creates rights or liabilities or provides for sanctions as to any person, corporation or other legal entity; and

     (2) Such rule or portion thereof is not in the public interest or is not authorized by the general assembly for one or more of the following grounds:

     (a) An absence of statutory authority for the proposed rule;

     (b) The proposed rule is in conflict with state law;

     (c) Such proposed rule is likely to substantially endanger the public health, safety or welfare;

     (d) The rule exceeds the purpose, or is more restrictive than is necessary to carry out the purpose, of the statute granting rulemaking authority;

     (e) A substantial change in circumstance has occurred since enactment of the law upon which the proposed rule is based as to result in a conflict between the purpose of the law and the proposed rule, or as to create a substantial danger to public health and welfare;

     (f) The proposed rule is so arbitrary and capricious as to create such substantial inequity as to be unreasonably burdensome on persons affected.

     7. Any recommendation or report issued by the committee pursuant to subsection 6 of this section shall be admissible as evidence in any judicial proceeding and entitled to judicial notice without further proof.

     8. The general assembly may adopt a concurrent resolution in accordance with the provisions of article IV, section 8 of the Missouri constitution to disapprove and annul any rule or portion thereof upon one or more of the grounds stated in subsection 6 of this section.

     9. Any rule or portion thereof not disapproved within thirty legislative days of a regular session pursuant to subsection 8 of this section shall be deemed approved by the general assembly and the secretary of state may publish such order of rulemaking as soon as practicable upon the expiration of thirty legislative days of a regular session after the order of rulemaking was filed with the secretary of state and the general assembly.

     10. Upon adoption of such concurrent resolution as provided in subsection 8 of this section, the secretary of state shall not publish the order of rulemaking until the expiration of time necessary for such resolution to be signed by the governor, or vetoed and subsequently acted upon by the general assembly pursuant to article III, section 32 of the Missouri Constitution. If such concurrent resolution is adopted and signed by the governor or reconsidered pursuant to article III, section 32, the secretary of state shall publish in the Missouri Register, as soon as practicable, the order of rulemaking along with notice of the proposed rules or portions thereof which are disapproved and annulled by the general assembly.

     11. Notwithstanding the provisions of section 1.140, RSMo, the provisions of this section are nonseverable and the delegation of legislative authority to an agency to propose orders of rulemaking is essentially dependent upon the powers vested with the general assembly as provided herein. If any of the powers vested with the general assembly to review, to delay the effective date or to disapprove and annul a rule or portion of a rule contained in an order of rulemaking, are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking pursuant thereto shall be invalid and void.

     12. Nothing in this section shall prevent the general assembly from adopting by bill within thirty legislative days of a regular session the rules or portions thereof, or as the same may be amended, as contained in a proposed order of rulemaking. In that event, the proposed order of rulemaking shall have been superseded and any rule proposed therein shall be void and only such rules adopted by the general assembly and submitted to the governor may become effective. Rules so adopted shall be published by the secretary of state as soon as practicable. In that event, the secretary of state shall not publish the proposed order of rulemaking and such proposed order of rulemaking shall be invalid and void.

     13. Upon adoption of any rule now in effect or hereafter promulgated, any such rule or portion thereof may be revoked by the general assembly either by bill, or by concurrent resolution pursuant to article IV, section 8 of the constitution on recommendation of the committee on administrative rules upon the grounds listed in subsection 6 of this section. The secretary of state shall publish in the Missouri Register, as soon as practicable, notice of the revocation."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Mathewson resumed the Chair.

     Senator Caskey moved that SCS for HS for HCS for HB 738, as amended, be adopted, which motion prevailed.

     Senator Caskey was recognized to close.

     President Pro Tem McKenna referred SCS for HS for HCS for HB 738, as amended, to the Committee on State Budget Control.

     HCS for HB 276, with SCS, entitled:

     An Act relating to amusement ride safety, with penalty provisions.

     Was called from the Informal Calendar and taken up by Senator Quick.

     SCS for HCS for HB 276, entitled:

     An Act to enact thirteen new sections relating to safety regulations for amusement rides, with penalty provisions.

     Was taken up.

     Senator Quick moved that SCS for HCS for HB 276 be adopted.

     Senator McKenna offered SA 1:

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 276, Page 5, Section 1, Line 2 of said page, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill and page, section 2, line 1, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill and page, section 2, line 18, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 6, section 3, line 2, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 7, section 6, line 3, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 7, section 6, line 4, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 7, section 7, line 3, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 7, section 8, line 6, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 7, section 9, line 1, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 7, section 10, line 1, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 7, section 10, line 5, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 8, section 10, line 11, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 8, section 11, lines 1 to 31, by striking all of said section; and

     Further amend said bill, pages 8 to 9, section 12, lines 1 to 18, by striking all of said section; and

     Further amend the title and enacting clause accordingly.

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

     Senator Staples assumed the Chair.

     Senator Quick moved that SCS for HCS for HB 276, as amended, be adopted, which motion prevailed.

     On motion of Senator Quick, SCS for HCS for HB 276, as amended, was read the 3rd time and passed by the following vote:

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

     The President declared the bill passed.

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

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

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

     HB 301, introduced by Representatives Lumpe and Farmer, entitled:

     An Act to repeal section 143.183, RSMo 1994, relating to state income tax revenues from certain nonresidents, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up by Senator McKenna.

     Senator Caskey offered SA 1:

     Amend House Bill No. 301, Page 3, Section 143.183, Line 68, by deleting said line and add in lieu thereof the following: "public radio stations which were qualified by the corporation for public broadcasting as of November 1, 1996. Such".

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

     Senator Wiggins resumed the Chair.

     Senator Kenney offered SA 2:

     Amend House Bill No. 301, Page 2, Section 143.183, Lines 34-35, by striking the words "nonresident members of professional athletic teams and"; and

     Further amend said bill, Page 2, Section 143.183, Line 37, by striking the words "and professional athletic team"; and

     Further amend said bill, Page 2, Section 143.183, Lines 46-47, by striking the words "nonresident members of professional athletic teams and"; and

     Further amend said bill, Page 3, Section 143.183, Line 49, by striking the words "and professional athletic team"; and

     Further amend said bill, Page 3, section 143.183, lines 58-59, by striking the words "nonresident members of professional athletic teams and"; and

     Further amend said bill, Page 3, section 143.183, line 61, by striking the words "and professional athletic team"; and

     Further amend said bill, Pages 3-4, Section 143.183, Lines 83-84, by striking the words "nonresident members of professional athletic teams and"; and

     Further amend said bill, Page 4, Section 143.183, Line 86, by striking the words "and professional athletic team"; and

     Further amend said bill, Page 4, Section 143.183, Line 92, by inserting immediately after all of said line the following:

     "7. The commissioner of administration, for all taxable years beginning on or after January 1, 1998, but none after December 31, 2007, shall annually estimate the amount of state income tax revenues collected pursuant to this chapter which are received from nonresident members of athletic teams. For fiscal year 1999, and for each subsequent fiscal year for a period of nine years, the annual estimate of taxes generated from the professional athletic team income tax shall annually be allocated to the youth opportunities and violence prevention fund, an amount equal to forty percent of such estimate shall be transferred, subject to appropriation, from the general revenue fund to the youth opportunities and violence prevention fund established in section 620.1100, RSMo, and any amount transferred shall be in addition to such agency's budget base for each fiscal year.".

     Senator Kenney moved that the above amendment be adopted.

     At the request of Senator McKenna, HB 301, with SA 2 (pending), was placed on the Informal Calendar.

     Senator Clay assumed the Chair.

     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 Conference Committee Report on SCS for HCS for HB 10 and requests a further conference on SCS for HCS for HB 10 and the conferees be allowed to exceed the differences and the House conferees be instructed to adopt the following language to Conference Committee Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 10 as follows:

     "replacing Sections 10.685 and 10.690 with the following -

10.685 To the Department of Health

For the Division of Maternal, Child and Family Health

For the purpose of funding family planning services, pregnancy testing and follow-up services, provided that none of the funds may be expended for the purpose of performing, assisting, encouraging, or referring for an abortion and further provided that none of the funds may be expended to directly or indirectly subsidize abortion services or administrative expenses, as verified by independent audit, and none of the funds may be granted to organizations or their affiliates that provide or promote abortions.

     Notwithstanding the provisions of section 1.140, RSMo, the provisions of this section are nonseverable. If any provision of this section or the application thereof is held invalid or unconstitutional, then this section is invalid and void. It is the intent of the general assembly that there shall be no appropriation pursuant to this section if all or any part of the appropriation is made contrary to the provisions of this section, and there shall be no appropriation pursuant to this section if all or any part of this section is held invalid or unconstitutional.

     From General Revenue Fund $5,018,639

     From Federal Funds $1,464,819

     Total $6,483,458

10.690 to the Department of Health

For the Division of Maternal, Child and Family Health

For the purpose of funding alternatives to abortion services as follows: prenatal care, medical care, parenting skills, drug and alcohol testing and treatment, child care, newborn or infant care, alternative housing, alternative schooling, adoption assistance, job training and placement, efforts to promote responsible paternity, ultrasound services, case management for pregnancy maintenance, domestic abuse protection and transportation for women during their pregnancy and continuing for one year thereafter, excluding any service of the types described in section 10.685, provided that none of the funds may be expended for the purpose of performing, assisting, encouraging, or referring for an abortion and further provided that none of the funds may be expended to directly or indirectly subsidize abortion services or administrative expenses, as verified by independent audit, and none of the funds may be granted to organizations or their affiliates that provide or promote abortions.

     Notwithstanding the provisions of section 1.140, RSMo, the provisions of this section are nonseverable. If any provision of this section or the application thereof is held invalid or unconstitutional, then this section is invalid and void. It is the intent of the general assembly that there shall be no appropriation pursuant to this section if all or any part of the appropriation is made contrary to the provisions of this section, and there shall be no appropriation pursuant to this section if all or any part of this section is held invalid or unconstitutional.

     From General Revenue Fund $ 900,000".

     President Wilson resumed the Chair.

     Senator Lybyer moved that the Senate refuse to recede from its position and request the House to take up and adopt the conference committee report on SCS for HCS for HB 10 and pass CCS for HB 10.

     Senator Klarich offered a substitute motion that the Senate request the House to grant a further conference on SCS for HCS for HB 10 and that the conferees be urged to consider the adoption of the attached language relating to sections 10.685 and 10.690:

10.685 To the Department of Health

For the Division of Maternal, Child and Family Health

     1. For the purpose of funding family planning services, pregnancy testing and follow-up services, provided that none of the funds may be expended for the purpose of performing, assisting, encouraging, or referring for abortion and further provided that none of the funds may be expended to directly or indirectly subsidize abortion services or administrative expenses, as verified by independent audit, and none of the funds may be granted to organizations or affiliates of organizations which provide or promote abortions.

     2. If any provision of subsection 1 of this section is held invalid, then this appropriation shall be in accordance with subsection 3, otherwise subsection 3 shall have no effect.

     3. For the purpose of funding family planning services, pregnancy testing and follow-up services provided directly by the division of maternal, child and family health or provided directly by public health entities through contractual agreement with the division, provided that none of these funds may be expended for the purpose of encouraging or referring for abortion.

     From General Revenue Fund $5,018,639

     From Federal Funds $1,464,819

     Total $6,483,458

10.690 To the Department of Health

For the Division of Maternal, Child and Family Health

     1. For the purpose of funding alternatives to abortion services as follows: prenatal care, medical care, parenting skills, drug and alcohol testing and treatment, child care, newborn or infant care, alternative housing, alternative schooling, adoption assistance, job training and placement, efforts to promote responsible paternity, ultrasound services, case management for pregnancy maintenance, domestic abuse protection and transportation, such services to be for women during their pregnancy and continuing for one year thereafter, excluding any service of the types described in section 10.685, provided that none of the funds may be expended for the purpose of performing, assisting, encouraging, or referring for abortion and further provided that none of the funds may be expended to directly or indirectly subsidize abortion services or administrative expenses, as verified by independent audit, and none of the funds may be granted to organizations or affiliates of organizations which provide or promote abortions.

     2. If any provision of subsection 1 of this section is held invalid, then this appropriation shall be in accordance with subsection 3, otherwise subsection 3 shall have no effect.

     3. For the purpose of funding alternatives to abortion services provided directly by the division of maternal, child and family health or provided directly by public health entities through contractual agreement with the division, as follows: prenatal care, medical care, parenting skills, drug and alcohol testing and treatment, child care, newborn or infant care, alternative housing, alternative schooling, adoption assistance, job training and placement, efforts to promote responsible paternity, ultrasound services, case management for pregnancy maintenance, domestic abuse protection and transportation, such services to be for women during their pregnancy and continuing for one year thereafter, excluding any service of the types described in section 10.685, provided that none of these funds may be expended for the purpose of encouraging or referring for abortion.

From General Revenue Fund     $900,000.

     At the request of Senator Klarich, the above substitute motion was withdrawn.

     Senator Lybyer withdrew his motion, then moved that the Senate refuse to recede from its position on SCS for HCS for HB 10 and request the House grant a further conference without restrictions, 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 SCS for HCS for HB 11 and has taken up and passed CCS for HB 11.

     Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 11 submitted the following conference committee report:

     Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 11, begs leave to report that we, after open, 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:

     That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 11, and that the House recede from its position on House Committee Substitute for House Bill No. 11, and the Conference Committee Substitute for House Bill No. 11, be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Mike Lybyer      /s/ Sheila Lumpe

/s/ Harry Wiggins      /s/ Deleta Williams

/s/ Wayne Goode      /s/ Scott Lakin

/s/ John T. Russell      /s/ Pat Kelley

/s/ Marvin Singleton      /s/ Rich Chrismer

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

	Yeas--Senators
Banks	Bentley	Caskey	Childers
Clay	Curls	DePasco	Ehlmann
Flotron	Goode	Graves	House
Howard	Jacob	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Mueller	Quick
Rohrbach	Russell	Schneider	Scott
Sims	Singleton	Staples	Westfall
Wiggins	Yeckel--34
	Nays--Senators--None
	Absent--Senators--None
	Absent with leave--Senators--None

     On motion of Senator Lybyer, CCS for HB 11, entitled:

     An Act to appropriate money for the expenses, grants, and distributions of the Department of Social Services and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1997 and ending June 30, 1998.

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

	Yeas--Senators
Banks	Bentley	Caskey	Childers
Clay	Curls	DePasco	Ehlmann
Flotron	Goode	Graves	House
Howard	Jacob	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Mueller	Quick
Rohrbach	Russell	Schneider	Scott
Sims	Singleton	Staples	Westfall
Wiggins	Yeckel--34
	Nays--Senators--None
	Absent--Senators--None
	Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     Senator Quick requested leave of the Senate that the conferees on Appropriations be allowed to meet while the Senate is in session, which request was granted.

     Senator Staples, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 132, 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 Bill No. 132, with House Amendments Nos. 1, 2, 3 and 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 House recede from its position on House Amendments Nos. 3 and 4 to House Committee Substitute for Senate Bill No. 132;

     2. That the Senate recede from its position on House Amendments Nos. 1 and 2 to House Committee Substitute for Senate Bill No. 132;

     3. That Conference Committee Amendment No. 1 be adopted.

     4. That the House Committee Substitute for Senate Bill No. 132, with House Amendments Nos. 1 and 2 and the attached Conference Committee Amendment No. 1 be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Danny Staples      /s/ Rita D. Days

/s/ William P.McKenna /s/ May Scheve

/s/ Mike Lybyer      /s/ Larry Thomason

/s/ Sam Graves    &