Journal of the Senate

SECOND REGULAR SESSION

SIXTY-FOURTH DAY--TUESDAY, MAY 5, 1998

Senator Staples in the Chair.

Senator Johnson offered the following prayer:

Blessed be the God and Father of our Lord Jesus Christ who through His abundant mercy has begotten us a living hope through the resurrection of His Son from the dead. Father, please help us to constantly remember what He has done for us and to thank Him for it. 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:

HOUSE BILLS ON THIRD READING

HB 1357, introduced by Representative Broach, et al, entitled:

An Act to repeal section 195.017, RSMo Supp. 1997, relating to the schedule of controlled substances, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up by Senator McKenna.

On motion of Senator McKenna, HB 1357 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

HB 996, introduced by Representative Kennedy, entitled:

An Act to amend chapter 327, RSMo, relating to the practice of architecture, by adding thereto one new section relating to the same subject.

Was called from the Consent Calendar and taken up by Senator Scott.

On motion of Senator Scott, HB 996 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

HB 1705, introduced by Representative Hoppe, entitled:

An Act relating solely to intoxicating liquor wholesalers' and retailers' delivery practices, with penalty provisions.

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

On motion of Senator Mathewson, HB 1705 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

HB 1556, with SCS, introduced by Representative Dougherty, entitled:

An Act to repeal section 210.109, RSMo Supp. 1997, relating to the child protection system established by the division of family services, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up by Senator Howard.

SCS for HB 1556, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1556

An Act to repeal sections 210.115 and 210.135, RSMo 1994, and section 210.109, RSMo Supp. 1997, relating to the child protection system established by the division of family services, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up.

Senator Howard moved that SCS for HB 1556 be adopted, which motion prevailed.

On motion of Senator Howard, SCS for HB 1556 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

HB 1805, introduced by Representative Chrismer, entitled:

An Act to authorize the governor to convey certain property to the city of St. Peters.

Was called from the Consent Calendar and taken up by Senator Ehlmann.

Senator Ehlmann moved that HB 1805 be read the 3rd time and finally passed.

At the request of Senator Ehlmann, the above motion was withdrawn.

Senator Johnson announced that photographers from the Senate had been given permission to take pictures in the Senate Chamber today.

HB 1369, with SCA 1, introduced by Representative Smith, entitled:

An Act to repeal section 260.819, RSMo Supp. 1997, relating to removal costs for oil spills, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up by Senator House.

SCA 1 was taken up.

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

On motion of Senator House, HB 1369, as amended, was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

HB 1528, with SCS, introduced by Representative Smith, entitled:

An Act to repeal sections 57.280 and 57.290, RSMo Supp. 1997, relating to sheriff's charges, and to enact in lieu thereof two new sections relating to the same subject.

Was called from the Consent Calendar and taken up by Senator House.

SCS for HB 1528, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1528

An Act to repeal section 301.380, RSMo 1994, and sections 57.280 and 57.290, RSMo Supp. 1997, and to enact in lieu thereof four new sections relating to the duties of sheriffs.

Was taken up.

Senator House moved that SCS for HB 1528 be adopted, which motion prevailed.

On motion of Senator House, SCS for HB 1528 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

Senator Ehlmann moved that HB 1805 be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

Senator Ehlmann requested unanimous consent of the Senate to suspend the rules for the purpose of offering an amendment, which request was granted.

Senator Rohrbach offered SA 1:

SENATE AMENDMENT NO. 1

Amend House Bill No. 1805, Page 2, Section 1, Line 24, by adding after the end of said line the following:

"Section 2. 1. The governor is hereby authorized and empowered to give, grant, bargain, convey and confirm an easement to Cole County over and across a certain strip of land in Cole County, Missouri, which is used by the department of corrections for the purpose of establishing and maintaining a public road. The land is more particularly described as follows:

A 60 foot-wide strip of land across part of the South Half of Section 19 and the North Half of Section 30, Township 45 North, Range 12 West, and the South Half of Sections 23 and 24, and the North Half of Sections 25 and 26, Township 45 North, Range 13 West, Cole County, Missouri; lying 30 feet each side of and adjacent to the following described centerline: From the northeast corner of said Section 26; thence S7018'26"W, 4079.03 feet to the centerline of Missouri State Route "T" and the point of beginning for this centerline description; thence northeasterly, on a curve to the left having a radius of 200.389 feet, an arc length of 83.181, the chord being N6223'30"E, 82.585 feet; thence N5030'00"E, 86.973 feet; thence northeasterly, on a curve to the left having a radius of 1500.00 feet, an arc length of 91.63 feet, the chord being N4845'00"E, 91.616 feet; thence N4700'00"E, 312.358 feet; thence northeasterly, on a curve to the left having a radius of 1100.00 feet, an arc length of 192.626 feet, the chord being N4159'00"E, 192.38 feet; thence N3658'00"E, 516.059 feet; thence northeasterly, on a curve to the right having a radius of 250.00 feet, an arc length of 181.66 feet, the chord being N5747'00"E, 177.689 feet; thence N7836'00"E, 287.442 feet; thence N7724'00"E, 317.086 feet; thence easterly, on a curve to the right having a radius of 250.00 feet, an arc length of 215.839 feet, the chord being S7752'00"E, 209.198 feet; thence S5308'00"E, 834.664 feet; thence southeasterly, on a curve to the right having a radius of 2000.00 feet, an arc length of 136.717 feet, the chord being S5110'30"E, 136.691 feet; thence S4913'00"E, 68.197 feet; thence southeasterly, on a curve to the left having a radius of 700.00 feet, an arc length of 122.173 feet, the chord being S5413'00"E, 122.018 feet; thence S5913'00"E, 352.725 feet; thence easterly, on a curve to the left having a radius of 400.00 feet, an arc length of 127.874 feet, the chord being S6822'30"E, 127.331 feet; thence S7732'00"E, 360.048 feet; thence easterly, on a curve to the left having a radius of 480.00 feet, an arc length of 212.511 feet, the chord being N8947'00"E, 210.78 feet; thence northeasterly, on a curve to the left having a radius of 527.00 feet, an arc length of 213.238 feet, the chord being N6530'30"E, 211.787 feet; thence N5355'00"E, 76.552 feet; thence northeasterly, on a curve to the left having a radius of 250.00 feet, an arc length of 117.81 feet, the cord being N4025'00"E, 116.723 feet; thence N2655'00"E, 632.281 feet; thence northeasterly, on a curve to the left having a radius of 2640.00 feet, an arc length of 289.515 feet, the chord being N2346'30"E, 289.37 feet; thence N2038'00"E, 178.286 feet; thence northeasterly, on a curve to the right having a radius of 260.00 feet, an arc length of 282.179 feet, the chord being N5143'30"E, 268.533 feet; thence N8249'00"E, 321.536 feet; thence northeasterly, on a curve to the left having a radius of 280.00 feet, an arc length of 247.685 feet, the chord being N5728'30"E, 239.689 feet; thence N3208'00"E, 197.124 feet; thence northeasterly, on a curve to the right having a radius of 880.00 feet, an arc length of 393.705 feet, the chord being N4457'00"E, 390.425 feet; thence N5746'00"E, 271.67 feet; thence N6022'00"E, 152.267 feet; thence easterly, on a curve to the right having a radius of 300.00 feet, an arc length of 197.135 feet, the chord being N7911'30"E, 193.607 feet; thence S8159'00"E, 305.488 feet; thence easterly, on a curve to the right having a radius of 670.00 feet, an arc length of 289.029 feet, the chord being S6937'00"E, 286.794 feet; thence S5716'00"E, 579.552 feet; thence easterly, on a curve to the left having a radius of 380.00 feet, an arc length of 242.63 feet, the chord being S7533'30"E, 238.529 feet; thence N8609'00"E, 256.043 feet; thence easterly, on a curve to the left having a radius of 2500.00 feet, an arc length of 128.718 feet, the chord being N8440'30"E, 128.704 feet; thence N8312'00"E, 305.712 feet; thence easterly, on a curve to the left having a radius of 2000.00 feet, an arc length of 121.591 feet, the chord being N8127'30"E, 121.573 feet; thence N7943'00"E, 138.046 feet; thence easterly, on a curve to the left having a radius of 450.00 feet, an arc length of 104.589 feet, the chord being N7303'30"E, 104.354 feet; thence N6624'00"E, 178.061 feet; thence easterly, on a curve to the right having a radius of 540.00 feet, an arc length of 259.967 feet, the chord being N8011'30"E, 257.464 feet; thence S8601'00"E, 131.584 feet; thence easterly, on a curve to the left having a radius of 555.00 feet, an arc length of 197.122 feet, the chord being N8348'30"E, 196.087 feet; thence N7338'00"E, 275.285 feet; thence easterly, on a curve to the left having a radius of 1500.00 feet, an arc length of 229.509 feet, the chord being N6915'00"E, 229.285 feet; thence N6452'00"E, 110.578 feet; thence easterly, on a curve to the right having a radius of 900.00 feet, an arc length of 355.00 feet, the chord being N7610'00"E, 352.702 feet; thence easterly, on a curve to the left having a radius of 894.2521 feet, an arc length of 199.1725 feet, the chord being N8105'10"E, 198.76 feet; thence N7442'20"E, 47.5321 feet; thence northeasterly, on a curve to the left having a radius of 457.4641 feet, an arc length of 141.3648 feet, the chord being N6551'10"E, 140.80 feet; thence northeasterly, on a curve to the left having a radius of 940.00 feet, an arc length of 260.857 feet, the chord being N4903'00"E, 260.021 feet; thence N4106'00"E, 163.764 feet; thence northeasterly, on a curve to the right having a radius of 600.00 feet, an arc length of 119.904 feet, the chord being N4649'30"E, 119.705 feet; thence N5233'00"E, 333.607 feet; thence northeasterly, on a curve to the left having a radius of 280.00 feet, an arc length of 120.137 feet, the chord being N4015'30"E, 119.217 feet; thence N2758'00"E, 332.647 feet; thence northeasterly, on a curve to the right having a radius of 250.00 feet, an arc length of 265.508 feet, the chord being N5823'30"E, 253.205 feet; thence N8849'00"E, 144.356 feet; thence easterly, on a curve to the right having a radius of 250.00 feet, an arc length of 88.43 feet, the chord being S8103'00"E, 87.97 feet; thence S7055'00"E, 95.001 feet; thence southeasterly, on a curve to the right having a radius of 900.00 feet, an arc length of 157.603 feet, the chord being S6554'00"E, 157.402 feet; thence S6053'00"E, 134.796 feet; thence S5812'00"E, 282.136 feet; thence southeasterly, on a curve to the left having a radius of 2000.00 feet, an arc length of 172.788 feet, the chord being S6040'30"E, 172.734 feet; thence S6309'00"E, 79.593 feet; thence southeasterly, on a curve to the right having a radius of 370.00 feet, an arc length of 149.173 feet, the chord being S5136'00"E, 148.165 feet; thence S4003'00"E, 201.554 feet; thence southeasterly, on a curve to the left having a radius of 400.00 feet, an arc length of 279.485 feet, the chord being S6004'00"E, 273.835 feet; thence S8005'00"E, 42.804 feet; thence southeasterly on a curve to the right having a radius of 195.973 feet, an arc length of 105.69 feet, the chord being S6438'00"E, 104.414 feet to the point of termination."; and

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

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

On motion of Senator Ehlmann, HB 1805, as amended, was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

HB 1578, introduced by Representative Hilgemann, entitled:

An Act to repeal section 184.360, RSMo 1994, relating to metropolitan park and museum district, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up by Senator Clay.

On motion of Senator Clay, HB 1578 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

HB 1228, introduced by Representative May (108th), entitled:

An Act to repeal sections 347.163 and 359.021, RSMo 1994, and section 358.510, RSMo Supp. 1997, relating to business organizations, and to enact in lieu thereof three new sections relating to the same subject.

Was called from the Consent Calendar and taken up by Senator Klarich.

On motion of Senator Klarich, HB 1228 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

HB 986, introduced by Representative Backer, entitled:

An Act to amend chapter 109, RSMo, relating to public records by adding thereto one new section relating to the same subject.

Was called from the Consent Calendar and taken up by Senator Lybyer.

On motion of Senator Lybyer, HB 986 was read the 3rd time and passed by the following vote:

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 Wiggins moved that motion lay on the table, which motion prevailed.

HB 1309, with SCS, introduced by Representative Clayton, et al, entitled:

An Act to amend chapter 351, RSMo, relating to corporations by adding thereto one new section relating to the merger of a domestic corporation with a direct or indirect wholly owned subsidiary without an election of shareholders.

Was called from the Consent Calendar and taken up by Senator Wiggins.

SCS for HB 1309, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1309

An Act to amend chapter 351, RSMo, relating to corporations by adding thereto one new section relating to the merger of a domestic corporation with a direct or indirect wholly owned subsidiary without an election of shareholders.

Was taken up.

Senator Wiggins moved that SCS for HB 1309 be adopted, which motion prevailed.

On motion of Senator Wiggins, SCS for HB 1309 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

HB 1571, with SCS, introduced by Representative Monaco, entitled:

An Act to repeal sections 404.051, 404.550, 473.333, 475.130 and 475.190, RSMo 1994, and section 404.714, RSMo Supp. 1997, relating to the standard fiduciaries are to follow in making investments, and to enact in lieu thereof six new sections relating to the same subject.

Was called from the Consent Calendar and taken up by Senator Maxwell.

SCS for HB 1571, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1571

An Act to repeal sections 362.600, 404.051, 404.550, 473.333, 475.130 and 475.190, RSMo 1994, and section 404.714, RSMo Supp. 1997, relating to the standards for financial transactions, and to enact in lieu thereof seven new sections relating to the same subject.

Was taken up.

Senator Maxwell moved that SCS for HB 1571 be adopted, which motion prevailed.

On motion of Senator Maxwell, SCS for HB 1571 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

REPORTS OF STANDING COMMITTEES

Senator Scott, Chairman of the Committee on State Budget Control, submitted the following reports:

Mr. President: Your Committee on State Budget Control, to which were referred HCS for HB 1315 and HS for HB 1070, with SCS; and HS for HCS for HB 1161, with SCS; and SB 773, begs leave to report that it has considered the same and recommends that the bills do pass.

THIRD READING OF SENATE BILLS

SB 773, introduced by Senator Howard, et al, entitled:

An Act to repeal section 197.317, RSMo Supp. 1997, relating to certificate of need moratorium dates, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up.

On motion of Senator Howard, SB 773 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

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

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

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

HOUSE BILLS ON THIRD READING

HS for HCS for HB 1161, with SCS, entitled:

An Act to repeal sections 640.102, 640.115, 640.120, 640.125, 640.130, 644.101, 644.116 and 644.122, RSMo 1994, and section 640.100, RSMo Supp. 1997, relating to public drinking water, and to enact in lieu thereof fifteen new sections relating to the same subject, with penalty provisions and an emergency clause.

Was taken up by Senator Goode.

SCS for HS for HCS for HB 1161, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1161

An Act to repeal sections 640.102, 640.115, 640.120, 640.125, 640.130, 644.101, 644.116 and 644.122, RSMo 1994, relating to public drinking water, and to enact in lieu thereof sixteen new sections relating to the same subject, with penalty provisions and an emergency clause.

Was taken up.

Senator Goode moved that SCS for HS for HCS for HB 1161 be adopted.

Senator Goode offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1161, Page 1, In the Title, Line 3, by inserting after "1994," the following: "and section 640.100, RSMo Supp. 1997,"; and

Further amend said bill and page, section A, line 2, by inserting after "1994," the following: "and section 640.100, RSMo Supp. 1997,".

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

Senator Jacob offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1161, Page 14, Section 644.122, Line 42, by inserting immediately thereafter:

"644.509. In addition to those sums authorized prior to August 28, 1998, the board of fund commissioners of the state of Missouri, as authorized by section 37(e) of article III of the Constitution of the state of Missouri, may borrow on the credit of this state the sum of fifteen million dollars in the manner and for the purposes set out in chapter 640, RSMo, and chapter 644."; and

Further amend the title and enacting clause accordingly.

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

Senator Klarich offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1161, Page 2, Section 640.100, Lines 13-15, by striking all of said lines and inserting in lieu thereof the following:"to the subject thereof. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated to administer and enforce sections 640.100 to 640.140 shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, 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 as of the effective date of this act, however, nothing in this section shall be interpreted to repeal or affect the validity of any rule adopted or promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section 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, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act.".

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

Senator Maxwell offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1161, Page 13, Section 644.042, Line 8, by adding at the end of said line the following: "As of July 1, 1998, the Department of Natural Resources shall not issue a permit for the operation of a solid waste processing facility or solid waste disposal area if the proposed site is within 2,500 feet of a losing stream or is within 2,500 feet of any water supply well, as that term is defined in section 256.603, RSMo., unless the applicant has provided to the department written consent to the operation of such facility that is signed by at least 75% of the owners of record of any well within the 2,500 feet.".

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

President Pro Tem McKenna assumed the Chair.

Senator Childers offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1161, Page 1, In the Title, Line 4, by deleting the word "sixteen" and inserting in lieu thereof the word "seventeen"; and

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

Further amend said bill, Page 1, Section A, Line 5, by deleting the word and figure "and 644.122" and inserting in lieu thereof the following: ", 644.122 and 1"; and

Further amend said bill, Page 14, Section 644.122, Line 42, by inserting after all of said line the following:

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

(1) "Marine sanitation device", any equipment on board a vessel which is designed to receive, retain, treat or discharge sewage, and any process to treat sewage on board. Marine sanitation device includes:

(a) Type I marine sanitation device, which produces an effluent having a fecal coliform bacteria count of not greater than one thousand per one hundred milliliters and no visible floating solids;

(b) Type II marine sanitation device, which produces an effluent having a fecal coliform bacteria count not greater than two hundred per one hundred milliliters and suspended solids not greater than one hundred fifty milligrams per liter; and

(c) Type III marine sanitation device, which is certified to a no-discharge standard, including recirculating and incinerating marine sanitation devices and holding tanks;

(2) "Sewage", human body wastes, and the wastes from toilets and other receptacles intended to retain body waste;

(3) "Vessel", every description of water-craft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;

(4) "Y valve", a device capable of diverting the flow of marine sewage so that a vessel's marine sanitation device is bypassed and raw sewage is discharged directly into the water.

2. The following vessels equipped with an installed toilet shall be equipped with an operable marine sanitation device:

(1) A vessel sixty-five feet in length and under shall have a type I, II or III marine sanitation device; or

(2) A vessel over sixty-five feet in length shall have a type II or III marine sanitation device.

3. (1) A type I or II marine sanitation device shall have a certification label affixed that at a minimum shows:

(a) The name of the manufacturer;

(b) The name and model number of the device;

(c) The month and year of manufacture;

(d) The marine sanitation device type;

(e) A certification number; and

(f) A certification statement.

(2) A type III marine sanitation device is automatically certified and requires no label, provided it stores sewage and flushwater only at ambient air temperature and pressure.

4. While a vessel with an installed toilet is on Missouri waters, the operator shall ensure that:

(1) All pathways for overboard discharge of vessel sewage from any vessel with a type III marine sanitation device are blocked or secured in such a way as to prevent any accidental or intentional vessel sewage discharge, by disconnecting or physically blocking the onboard sewage lines or hull fittings which would allow for overboard vessel sewage discharge; and

(2) Any installed in-line Y valve shall be secured to prevent the overboard discharge of sewage from any vessel utilizing a type III marine sanitation device, by bypassing, locking, securing or disabling the valve using a padlock or nonreusable wire tie wrap, or by removal of the valve handle, or by any other method in accordance with federal regulations and standards or as approved or required by the Missouri state water patrol.

5. The chosen compliance method pursuant to subdivision (2) of subsection 4 of this section shall totally eliminate the possibility of overboard vessel sewage discharge while in waters of the state. The method chosen shall present a physical barrier to the use of the Y valve, whether accidental or intentional, so that use of the valve cannot occur without the knowledge of the operator of the vessel.

6. For any vessel offered as a noncaptained charter, the leasing entity shall:

(1) Ensure that the vessel complies with this section when presented to the lessor; and

(2) Include the lease agreement, signed by the leasing party, a paragraph outlining the operator's responsibilities pursuant to this section.

7. A person who violates the provisions of this section is subject to a civil penalty not to exceed two thousand dollars.".

Senator Childers moved that the above amendment be adopted.

Senator Goode offered SA 1 to SA 5, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 5

Amend Senate Amendment No. 5 to Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1161, Page 5, Section 1, Line 4 of said page, by inserting after said line the following:

"7. The provisions of this section shall not apply to any vessel operated upon the Mississippi River or the Missouri River."; and renumber the remaining subsection accordingly.

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

SA 5, as amended, was again taken up.

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

Senator Ehlmann offered SA 6, which was read:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1161, Page 12, Section 644.018, Line 1, by inserting immediately following the word "case" of said line the following: "or judicial proceeding".

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

Senator Goode moved that SCS for HS for HCS for HB 1161, as amended, be adopted, which motion prevailed.

Senator Wiggins assumed the Chair.

On motion of Senator Goode, SCS for HS for HCS for HB 1161, as amended, was read the 3rd time and passed by the following vote:

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

Senator Staples moved that HCS for HBs 1681 and 1342, with SCS, as amended (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SCS for HCS for HBs 1681 and 1342, as amended, was again taken up.

Senator Caskey offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1681 and 1342, Page 1, In the Title, Line 3, by inserting after "transportation" the following: "and transportation services"; and

Further amend said bill, page 3, section 21.795, line 80, by inserting after all of said line the following:

"190.044. 1. No taxpayer shall be required to pay property taxes for ground ambulance service to both an ambulance district and a fire protection district which operates a ground ambulance service, unless reaffirmed and authorized pursuant to this section. In the event that a taxpayer in a third class county is paying taxes to both entities to provide ground ambulance service, any taxpayer residing in the area subject to the double tax may file a petition with the county clerk in which the area, or greatest part thereof, is situated requesting that the double tax be eliminated and that the area only pay a tax to one entity.

2. Upon receipt of such petition, the county clerk shall determine the area taxed by two such entities and place the question before the voters of such area at the next state or municipal election. The petition shall request that the following question be submitted to the voters residing within the geographic limits of the area:

The . . . . . . . . . . . . . (description of area) is currently paying a tax to provide ambulance service to the . . . . . . . . . . . (name of entity created first) and the . . . . . . . . . . . . . (name of entity created second). As a result, shall the tax paid to provide ambulance service to the . . . . . . . . . . . . (name of entity created second) be eliminated?

Yes No

3. If a majority of the votes cast are in favor of the elimination of the tax levied and collected by the entity providing ambulance service, then the remaining entity will be declared as the single taxing entity for the area in question. The taxpayers within the area shall thereafter only pay one tax to the remaining entity following a three-year period, over which the tax rate levied and collected shall be decreased by one-third each year until such tax is no longer levied or collected by the entity whose tax was proposed for elimination by the petition. If a majority of the votes cast are opposed to the elimination of the tax, then the tax shall be reaffirmed.

4. All costs incurred by the county clerk as a result of this section, including election costs, shall be paid by the entity whose tax was proposed for termination by the petition.

5. The boundaries and service area of the entities providing ambulance service will reflect the change as determined by the election.

190.100. As used in sections [190.100 to 190.190] 190.100 to 190.199, the following words and terms mean:

(1) "Advance life support (ALS)", an advanced level of care as provided to the adult and pediatric patient as defined by national curricula, and any modifications to that curricula specified in rules adopted by the department pursuant to sections 190.100 to 190.199;

(2) "Ambulance", any privately or publicly owned [motor vehicle or, on or after January 1, 1988, any aircraft, if such motor vehicle or aircraft] vehicle or aircraft that is specially designed [or constructed and equipped and is intended to be used for and is maintained or operated for the transportation of patients, including dual-purpose police patrol cars and funeral coaches or hearses which otherwise comply with the provisions of sections 190.100 to 190.190], constructed or modified, staffed or equipped for, and is intended or used, maintained or operated for the transportation of persons who are sick, injured, wounded or otherwise incapacitated or helpless, or who require the presence of medical equipment being used on such individuals or medical personnel, but the term does not include any motor vehicle specially designed, constructed or converted for the transportation of persons [permanently disabled and] who are disabled, handicapped, normally using a wheelchair, or [handicapped persons] otherwise not acutely ill, or emergency vehicles [at] used within airports;

[(2) "Apprentice", any individual who is not a licensed attendant or attendant-driver, but who holds a certificate of apprenticeship issued by the license officer;

(3) "Attendant", a trained and qualified individual responsible for the operation of an ambulance and the care of the patients transported thereby whether or not the attendant also serves as driver;

(4) "Attendant-driver", a person who is qualified as an attendant and a driver;

(5) "Board", the state board of health of Missouri;

(6) "Dual-purpose police patrol car", a vehicle, operated by a police department, which is equipped as an ambulance, even though it is also used for patrol or other police purposes;

(7) "Emergency medical technician", any person who has successfully completed a course of training approved by the health officer and is certified by the health officer in preliminary emergency medical care;

(8) "Health officer", the director of the department of health of the state of Missouri or his duly authorized representative;

(9) "License officer", the director of the department of health of the state of Missouri or his duly authorized representative;

(10) "Local physician medical advisor" or "local physician medical advisory committee", a physician or group of physicians licensed pursuant to chapter 334, RSMo, appointed by the ambulance service and who meet criteria established by the department of health. The local physician medical advisor or local physician medical advisory committee shall have the responsibility to monitor prehospital medical care and ensure that prehospital standards of care and protocols are met;]

(3) "Ambulance service", a person or entity that provides emergency or nonemergency medical transportation and services, or both, in compliance with sections 190.100 to 190.199, and the rules promulgated by the department pursuant to sections 190.100 to 190.199;

(4) "Ambulance service area", a specific geographic area in which an ambulance service has been licensed to operate;

(5) "Basic life support", a basic level of care, as provided to the adult and pediatric patient as defined by the national curricula, and any modifications to that curricula specified in rules adopted by the department pursuant to sections 190.100 to 190.199;

(6) "Department", the department of health, state of Missouri;

(7) "Director", the director of the department of health or the director's duly authorized representative;

(8) "Dispatch agency", any person or organization that receives requests for emergency medical services from the public, by telephone or other means, and is responsible for dispatching emergency medical services;

(9) "Emergency medical response agency", any person that uses public highways or streets to regularly provide a level of care that includes first response, basic life support or advanced life support, exclusive of patient transportation;

(10) "Emergency medical technician", a person licensed as an EMT-B or EMT-P by the department;

(11) "Emergency medical technician-basic" or "EMT-B", a person who has successfully completed a course of instruction in basic life support as prescribed by the department and is licensed by the department in accordance with standards prescribed by sections 190.100 to 190.199 and rules adopted by the department pursuant to sections 190.100 to 190.199;

(12) "Emergency medical technician-paramedic" or "EMT-P", a person who has successfully completed a course of instruction in advanced life support care as prescribed by the department and is licensed by the department in accordance with sections 190.100 to 190.199 and rules adopted by the department pursuant to sections 190.100 to 190.199;

(13) "Emergency services", health care items and services furnished or required to screen and stabilize an emergency medical condition, which may include, but shall not be limited to, health care services that are provided in a licensed hospital's emergency facility by an appropriate provider;

(14) "First responder", a person who has successfully completed an emergency first response course meeting or exceeding the national curriculum of the United States Department of Transportation and any modifications to such curricula specified by the department through rules adopted pursuant to sections 190.100 to 190.199 and who provides emergency medical care through employment by or in association with an emergency medical response agency;

(15) "Medical director", a physician licensed pursuant to chapter 334, RSMo, designated by the ambulance service or emergency medical response agency and who meets criteria specified in rules adopted by the department pursuant to sections 190.100 to 190.199;

(16) "Memorandum of understanding", an agreement between an emergency medical response agency or dispatch agency and an ambulance service or services within whose territory the agency operates, in order to coordinate emergency medical services;

[(11)] (17) "Patient", an individual who is sick, injured, wounded, diseased, or otherwise incapacitated or helpless, or dead, excluding deceased individuals being transported from or between private or public institutions, homes or cemeteries, and individuals declared dead prior to the time an ambulance is called for assistance;

[(12)] (18) "Person", as used in these definitions and elsewhere in sections 190.100 to 190.199, any individual, firm, partnership, copartnership, joint venture, association, cooperative organization, corporation, [company, group of individuals acting together for a common purpose or organization of any kind, including any governmental agency other than the United States or the state of Missouri;

(13) "Mobile emergency medical technician", a licensed attendant who has been specially trained in emergency cardiac and noncardiac care, and who has successfully completed an emergency service training program certified by the health officer as meeting the requirements of sections 190.100 to 190.190.] municipal or private, and whether organized for profit or not, state, county, political subdivision, state department, commission, board, bureau or fraternal organization, estate, public trust, business or common law trust, receiver, assignee for the benefit of creditors, trustee or trustee in bankruptcy, or any other service user or provider;

(19) "Physician", a person licensed as a physician pursuant to chapter 334, RSMo;

(20) "Political subdivision", any municipality, city, county, city not within a county, ambulance district or fire protection district located in this state which provides or has authority to provide ambulance service; and

(21) "Protocol", a predetermined, written medical care guideline, which may include standing orders.

190.105. 1. No person, either as owner, agent or otherwise, shall furnish, operate, conduct, maintain, advertise, or otherwise be engaged in or profess to be engaged in the business or service of the transportation of patients [upon the streets, alleys, or any public way or place of] in the state of Missouri unless [he] such person holds a currently valid license from the department for an ambulance service issued pursuant to the provisions of sections [190.100 to 190.195] 190.100 to 190.199.

2. No ambulance shall be operated for ambulance purposes, and no individual shall drive, attend or permit it to be operated for such purposes [on the streets, alleys, or any public way or place of] in the state of Missouri unless [it] the ambulance is under the immediate supervision and direction of a person who is holding a currently valid [license as an attendant-driver or attendant; except that, nothing in this section shall be construed to mean that a duly licensed registered nurse or a duly licensed physician be required to hold an attendant-driver or attendant license.] Missouri license as an emergency medical technician; except that nothing in this section shall be construed to mean that a duly registered nurse or a duly licensed physician be required to hold an emergency medical technician's license. Each ambulance service is responsible for assuring that any person driving its ambulance is competent in emergency vehicle operations and has a safe driving record.

3. [No person, as either owner, agent or otherwise, who holds a currently valid license for an ambulance, shall, incident to his business or service of transporting patients, transport, carry or convey patients in any vehicle other than an ambulance, but no such licenses] No license shall be required for an ambulance service, or for the emergency medical technician [attendant, attendant-driver, or certificated apprentice] of an ambulance, which:

(1) Is rendering assistance [to licensed ambulances in the case of a major catastrophe or emergency with which the licensed ambulances of that locality are insufficient or unable to cope] in the case of an emergency, major catastrophe or any other unforeseen event or series of events which jeopardize the ability of the ambulance service to promptly respond to emergencies; or

(2) Is operated from a location or headquarters outside of Missouri in order to transport patients who are picked up beyond the limits of Missouri to locations within or outside of Missouri, but no such outside ambulance service shall be used to pick up patients within Missouri for transportation to locations within Missouri, [except in emergency, unless the driver, attendant and attendant-driver and the person subject to the provisions of sections 190.100 to 190.195 in respect of such ambulance hold currently valid licenses issued pursuant to sections 190.100 to 190.195] except as provided in subdivision (1) of this subsection.

4. The issuance of a license under the provisions of sections [190.100 to 190.195] 190.100 to 190.199 shall not be construed so as to authorize any person[, firm, corporation, or association] to provide ambulance services or to operate any ambulances without a franchise in any [county, municipality or] political subdivision which has enacted an ordinance making it unlawful to do so.

5. Notwithstanding any law to the contrary, any person or entity that owned and operated a licensed ambulance on December 31, 1997, shall have the right to maintain as its ambulance service area, or similar designation, that geographic area which was, on December 31, 1997, described as the primary service area for its licensed vehicles, and any subsequent franchise requirements lawfully imposed by a political subdivision shall not limit or otherwise affect the ability of such person or entity to fully operate as it was operating on December 31, 1997, provided that the person or entity obtains an ambulance service license as set forth under this act.

6. A legally enforceable contract to provide emergency ambulance service for a political subdivision shall expand, without further action by the department, the ambulance service area of the licensed ambulance service under contract with the political subdivision to include the political subdivision for the term of the contract, provided the licensed ambulance service meets all other requirements for licensure under this act. Subsequent termination of the contract shall result in the corresponding reduction of such service area by removing such political subdivision from the ambulance service area of said ambulance service.

7. All ambulance services shall operate in accordance with state regulations. No provider of ambulance service within the state of Missouri which is licensed by the department to provide such service shall discriminate regarding treatment or transportation of emergency patients on the basis of race, sex, age, color, religion, sexual preference, national origin, ancestry, handicap, medical condition or ability to pay.

[5.] 8. Sections 190.100 to [190.195] 190.245 shall [not] preclude the adoption of any law, ordinance or regulation [not] in conflict with this statute by any county, municipality or political subdivision.

[6.] 9. An ambulance service when operated for the purpose of transporting persons who are sick, injured, or otherwise incapacitated shall not be treated as a common or contract carrier under the jurisdiction of the Missouri public service commission.

[7.] 10. Sections 190.100 to [190.195] 190.245 shall not apply to, nor be construed to include, any motor vehicle used by an employer for the transportation of [his] such employer's employees whose illness or injury occurs on private property, and not on a public highway, nor to any person operating such a motor vehicle.

190.108. 1. The department shall, within a reasonable time after receipt of an application, cause such investigation as the department deems necessary to be made of the applicant for an ambulance service license.

2. The department shall issue an ambulance service license, for a period of three years, if the applicant meets the requirements established pursuant to sections 190.100 to 190.199, and the rules adopted by the department. Except as provided in subsections 5 and 6 of section 190.105, before the department shall issue any new or expanded service area associated with any ambulance service license, the applicant must submit, at its sole cost and expense, a certification from each political subdivision in which it proposes to operate, that the proposed ambulance service:

(1) Provides benefits to the public health that outweigh the associated costs;

(2) Enhances the public's access to ambulance service; and

(3) Will coordinate with existing ambulance services.

3. The department may promulgate rules relating to the requirements for an ambulance service license, including but not limited to:

(1) Response, patient care and transportation standards;

(2) Vehicle design, specification, operation and maintenance standards;

(3) Equipment requirements;

(4) Staffing requirements;

(5) Licensure fees;

(6) Ambulance service areas;

(7) Records and forms;

(8) Medical control plans;

(9) Medical director qualifications;

(10) Standards for medical communications; and

(11) Memoranda of understanding with emergency medical response agencies that provide advanced life support.

4. Application for an ambulance service license shall be made upon such forms as prescribed by the department in rules adopted pursuant to sections 190.100 to 190.199. The application form shall contain such information as the department deems necessary to make a determination as to whether the ambulance service meets all the requirements of sections 190.100 to 190.199 and rules promulgated pursuant to sections 190.100 to 190.199.

5. No fee will be required for an ambulance owned or operated by a political subdivision of the state.

[190.110. 1. An application for an ambulance license shall be made upon such forms as may be prepared or prescribed by the license officer and shall contain:

(1) The name and address of the applicant and of the owner of the ambulance;

(2) The trade or other fictitious name, if any, under which the applicant does business and proposes to do business;

(3) The training and experience of the applicant in the transportation and care of patients;

(4) A description of each ambulance, including the make, model, year of manufacture, motor and chassis number or other distinguishing number; current state license number; the length of time the ambulance has been in use; and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate applicant's ambulance;

(5) The location and description of the place from which it is intended to operate;

(6) Such other information as the license officer shall deem reasonably necessary to a fair determination of compliance with sections 190.100 to 190.195.

2. An annual license fee of twenty dollars shall accompany each application for each ambulance, but no fee will be required for an ambulance owned or operated by a political subdivision of the state.]

[190.115. 1. Each ambulance shall, at all times when in use as such:

(1) Be suitable for the transportation of patients from the standpoint of health, sanitation and safety, and be maintained in suitable premises;

(2) Contain equipment conforming with the standards, requirements and regulations provided for herein, which equipment shall be in proper and good condition for such use;

(3) Currently comply with all applicable laws and local ordinances relating to health, sanitation and safety;

(4) Be equipped with such lights, sirens and special markings to designate it as an ambulance as may be prescribed in reasonable regulations promulgated by the board;

(5) Be equipped with approved safety belts for the driver, and for a passenger in the front seat if such seat is provided;

(6) Be equipped with an approved safety belt for the attendant in the patient compartment and an approved restraining device for the litter and patient; and

(7) Be covered by an insurance policy in conformance with section 190.120.

2. Any change of ownership of a licensed ambulance shall terminate the license and shall require a new application and a new license and conformance with all the requirements of sections 190.100 to 190.195 as upon original licensing.

3. Application for transfer of any ambulance license to another or substitute vehicle shall require conformance with all the requirements of sections 190.100 to 190.195 as upon original licensing and approval of the licensing officer. No ambulance license may be sold, assigned, mortgaged or otherwise transferred without prior approval of the license officer and a finding by him of conformance with all the requirements of sections 190.100 to 190.195 as upon original licensing.

4. Each licensed ambulance, its equipment and the premises designated in the application and all records relating to its maintenance and operation as such, shall be open to inspec