Journal of the Senate

SECOND REGULAR SESSION

SEVENTY-SECOND DAY--THURSDAY, MAY 14, 1998

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, it seems that for every door that gets closed, You open another one; for every road block, You provide a helpful detour; and for every opportunity lost, You seem to provide a new one. When good people try to do good things You always seem to provide a blessing. We pray for Your help in this place today. 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:

President Wilson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 1933, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Glen O. Jenkins, Butler, which was adopted.

Senator Rohrbach, joined by the entire membership of the Senate, offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 1934

WHEREAS, there comes a time when each of us must make a major decision regarding the future course of our lives; and

WHEREAS, Mike Hoeferkamp, Senate staff attorney, has come to that fork in the road, but instead of stopping for a bite, he has decided to move on in a southwestwardly direction toward the warmer and more arid climes of New Mexico; and

WHEREAS, ever since Mike announced his plans a few weeks ago, rumors have been rampant at the state capitol, but there is absolutely no truth to the speculation that he, Laurie, and Shelby will be making the journey to Albuquerque on their bicycles; and

WHEREAS, Mike joined the Senate Research staff as a fresh graduate of the Valparaiso University Law School with the determination and the drive to eventually become one of the finest bill drafters that the Senate has ever known, an achievement that he has most certainly realized; and

WHEREAS, now a seasoned veteran, Mike has compiled a record of longevity that ranks second only to that of Valentine and Morton who, God knows, have both been here since the Creation; and

WHEREAS, Mike is known by all and envied by many for the outstanding quality of his work which is the direct result of his exceptional ability, his extraordinary knowledge of the subject matter, his meticulous attention to detail, and his general thoroughness in conducting research; and

WHEREAS, as a result of his tireless devotion to duty, Mike Hoeferkamp has developed a remarkable degree of expertise in such crucial areas as civil and criminal jurisprudence, drunk driving, HMO regulation, landlord tenant relations, transportation, and insurance and housing:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, join unanimously with his colleagues on the Senate Research staff, all employees of this legislative body, and every one of his many friends at the capitol in expressing deep gratitude to Mike Hoeferkamp for his years of dedicated service as a brilliant young attorney and in wishing him well as he seeks new avenues of challenge in both his personal and his professional life; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Mike Hoeferkamp, as a mark of our esteem for him.

At the request of Senator Sims, the Senate paused in a moment of silence in recognition of the Fiftieth Anniversary of Israel's Independence.

President Wilson assumed the Chair.

PRIVILEGED MOTIONS

Senator Quick moved that the Senate refuse to concur in HCS for SB 936, as amended, and request the House to recede from its position or failing to do so, grant the Senate a conference thereon, which motion prevailed.

Senator McKenna moved that the Senate refuse to concur in HS for HCS for SBs 614, 696, 906, 530, 912 and 914, as amended, and request the House to recede from its position or failing to do so, grant the Senate a conference thereon, which motion prevailed.

Senator Wiggins moved that SB 680, with HS No. 2 for HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HS No. 2 for HCS for SB 680, entitled:

HOUSE SUBSTITUTE NO. 2 FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 680

An Act to repeal sections 347.163, 351.025, 351.165, 351.230, 351.327, 351.596, 354.065 and 359.021, RSMo 1994, and sections 351.017, 351.180, 351.245 and 358.510, RSMo Supp. 1997, relating to business organizations, and to enact in lieu thereof fifteen new sections relating to the same subject.

Was taken up.

Senator Wiggins moved that HS No. 2 for HCS for SB 680, as amended, be adopted, which motion prevailed by the following vote:

On motion of Senator Wiggins, HS No. 2 for HCS for SB 680, as amended, 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 Quick moved that motion lay on the table, which motion prevailed.

Bill ordered enrolled.

CONFERENCE COMMITTEE REPORTS

Senator Mathewson, on behalf of the conference committee appointed to act with a like committee from the House on HS for HCS for SB 827, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 827

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Substitute for House Committee Substitute for Senate Bill No. 827, with House Substitute Amendment No. 1 for House Amendment No. 1, House Amendment No. 2, House Amendment No. 3, House Amendment No. 4, House Amendment No. 5, House Amendment No. 6, House Amendment No. 7, House Amendment No. 8, House Amendment No. 9, House Amendment No. 10, House Amendment No. 11, House Amendment No. 12, House Amendment No. 13, House Substitute Amendment No. 1 for House Amendment No. 14, House Amendment No. 15 and House Amendment No. 16; 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 Substitute for House Committee Substitute for Senate Bill No. 827, as amended;

2. That the Senate recede from its position on Senate Bill No. 827;

3. That the attached Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Bill No. 827 be truly agreed to and finally passed.

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

On motion of Senator Mathewson, CCS for HS for HCS for SB 827, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 827

An Act to repeal sections 32.110, 137.115 and 260.285, RSMo 1994, sections 32.115, 135.110, 447.700, 447.702, 447.704, 447.706 and 447.708, RSMo Supp. 1997, and sections 135.100, 135.208, 135.400, 253.557, 253.559, 620.1023 and 620.1039 as enacted by senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly and approved by the governor, relating to tax credits administered by and relating to the department of economic development, and to enact in lieu thereof twenty-one new sections relating to the same subject.

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

PRIVILEGED MOTIONS

Senator Caskey requested unanimous consent of the Senate to make the following motions on CCS for HCS for SS for SB 910 and that they be adopted with one vote, which request was granted.

Having voted on the prevailing side, Senator Caskey moved that the vote by which the motion to reconsider the vote by which CCS for HCS for SS for SB 910 passed be laid on the table prevailed, be reconsidered; that the vote by which the title to CCS for HCS for SS for SB 910 be agreed to, prevailed, be reconsidered; and that the vote by which CCS for HCS for SS for SB 910 was third read and finally passed, be reconsidered, which motions prevailed by the following vote:

CCS for HCS for SS for SB 910 was taken up.

Senator Caskey offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Conference Committee Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 910, Page 2, Section A, Line 1 of said page, by striking the following: "454.505 and 476.688" and inserting in lieu thereof the following: "454.505, 476.688 and 487.030".

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

On motion of Senator Caskey, CCS for HCS for SS for SB 910, as amended, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 910

An Act to repeal sections 104.540, 210.826, 210.830, 435.405, 452.150, 452.300, 452.310, 452.355, 452.360, 452.376, 452.377, 452.405, 452.411, 452.416, 452.600, 452.605 and 454.432, RSMo 1994, and sections 193.215, 210.822, 287.820, 452.305, 452.315, 452.330, 452.340, 452.370, 452.375, 452.400, 452.423, 452.490, 454.390, 454.408, 454.413, 454.440, 454.455, 454.460, 454.490, 454.505, 476.688 and 487.030, RSMo Supp. 1997, relating to child custody and child support proceedings, and to enact in lieu thereof fifty-five new sections relating to the same subject, with penalty provisions.

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

The President declared the bill passed.

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

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

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

HOUSE BILLS ON THIRD READING

Senator Maxwell moved that HS for HCS for HBs 1405, 1109 and 1335, with SCS and SS for SCS, as amended (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SS for SCS for HS for HCS for HBs 1405, 1109 and 1335, as amended, was again taken up.

Senator Maxwell offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1405, 1109 and 1335, Page 8, Section 589.425, Lines 5-6 of said page, by striking the following: "statutory rape in the second degree, statutory sodomy in the second degree,"; and

Further amend said bill, page 10, section 2, line 19, by inserting after the word "counties" the following: ", and one member shall be the prosecuting attorney of the county in which the person was convicted or committed pursuant to chapter 552, RSMo".

Senator Maxwell moved that the above amendment be adopted.

Senator Klarich offered SSA 1 for SA 2:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1405, 1109 and 1335, Page 8, Section 589.425, Lines 5-6 of said page, by striking the following: "statutory rape in the second degree, statutory sodomy in the second degree,"; and

Further amend said bill and page, section 2, line 25, of said page, by inserting after the word "general" the following: ", the prosecuting attorney of the county in which the underlying criminal prosecution occurred"; and

Further amend said bill and section, page 9, line 17 of said page, by inserting after the word "general" the following: ", the prosecuting attorney of the county in which the underlying criminal prosecution occurred"; and

Further amend said bill and section, page 10, lines 14 and 19 of said page, by inserting after the word "general" the following: "and the prosecuting attorney of the county in which the underlying criminal prosecution occurred"; and

Further amend said bill, page 10, section 2, line 19, by inserting after the word "counties" the following: ", and one member shall be the prosecuting attorney of the county in which the person was convicted or committed pursuant to chapter 552, RSMo; and

Further amend said bill, page 11, section 3, line 6 of said page, by inserting after the word "general" the following: "or the prosecuting attorney of the county in which the underlying criminal prosecution occurred"; and further amend line 9 of said page, by inserting after the word "general" the following: "or the prosecuting attorney"; and

Further amend said bill, page 14, section 5, line 8 of said page, by inserting after the word "general" the following: "or the prosecuting attorney"; and

Further amend said bill, page 16, section 7, line 22 of said page, by inserting after the word "general" the following: "or the prosecuting attorney"; and

Further amend said bill, page 17, section 8, line 13 of said page, by striking the word "and" and inserting in lieu thereof the following: ", the prosecuting attorney of the county in which the underlying criminal prosecution occurred"; and further amend line 15 of said page, by inserting after the word "general" the following: "or the prosecuting attorney"; and further amend line 19 of said page, by inserting after the word "petitioner" the following: ", the prosecuting attorney"; and further amend lines 20-21 of said page, by striking "attorney general" and inserting in lieu thereof the following: "state"; and

Further amend said bill, page 18, section 10, line 20 of said page, by inserting after the word "general" the following: ", the prosecuting attorney".

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

SSA 1 for SA 2 failed of adoption by the following vote:

SA 2 was again taken up.

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

Senator Klarich offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1405, 1109 and 1335, Page 10, Section 2, Line 9 of said page, by inserting after the word "team" the following: "consisting of no more than seven members, no more than one each from the department of corrections and the department of mental health, and".

Senator Klarich moved that the above amendment be adopted.

At the request of Senator Maxwell, HS for HCS for HBs 1405, 1109 and 1335, with SCS, SS for SCS and SA 3 (pending), was placed on the Informal Calendar.

CONFERENCE COMMITTEE REPORTS

Senator House moved that the conference committee report on HS for HCS for SS for SCS for SB 781 be taken up for adoption, which motion prevailed.

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

Senator House moved that CCS for HS for SS for SCS for SB 781 be read the 3rd time and finally passed.

Senator Scott assumed the Chair.

Senator Johnson assumed the Chair.

At the request of Senator House, the motion for 3rd reading and final passage was withdrawn.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HS for SB 743, as amended, and grants the Senate a conference thereon, and further the House conferees be allowed to exceed the differences on the emergency clause in the 911 section only.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SS for SCS for HS for HCS for HB 1095 and has taken up and passed CCS for SS for SCS for HS for HCS for HB 1095.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for HB 1189 and has taken up and passed CCS for HCS for HB 1189.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt Conference Committee Report on HS for HCS for SB 487 and requests a further conference on HS for HCS for SB 487.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SB 936, as amended, and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HS for HCS for SCS for SBs 614, 696, 906, 530, 912 and 914, as amended, and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HS for HCS for SCS for SBs 614, 696, 906, 530, 912 and 914, as amended. Representatives: May (108), Monaco, O'Toole, Richardson and Summers.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HCS for SB 936, as amended. Representatives: Bray, Van Zandt, Schilling, Gibbons and Hegeman.

MESSAGES FROM THE GOVERNOR

The following message was received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May14, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Bruce C. Scott, 1733 AA Highway, P.O. Box 442, Farmington, St. Francois County, Missouri 63640, as a member of the Peace Officer Standards and Training Commission, for a term ending October 30, 2000, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

President Pro Tem McKenna referred the above appointment to the Committee on Gubernatorial Appointments.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem McKenna appointed the following conference committee, to act with a like committee from the House on HS for HCS for SCS for SBs 614, 696, 906, 530, 912 and 914, as amended: Senators McKenna, Schneider, Scott, Flotron and Russell.

Also,

President Pro Tem McKenna appointed the following conference committee, to act with a like committee from the House on HS for SB 743, as amended: Senators Maxwell, Caskey, Mathewson, Childers and Westfall.

Also,

President Pro Tem McKenna appointed the following conference committee, to act with a like committee from the House on HCS for SB 936, as amended: Senators Quick, Wiggins, Schneider, Flotron and Russell.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which was referred SS for SCS for HB 1507, as amended, begs leave to report that it has considered the same and recommends that the bill do pass.

On motion of Senator Quick, the Senate recessed until 1:30 p.m.

RECESS

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

RESOLUTIONS

Senator Scott offered Senate Resolution No. 1935, regarding Mr. Jim Goldammer, Jefferson City, which was adopted.

Senator Jacob offered Senate Resolution No. 1936, regarding McGee Meredith, which was adopted.

Senator Kinder offered Senate Resolution No. 1937, regarding the Good Humor/Breyers Ice Cream Company, which was adopted.

Senator Graves offered Senate Resolution No. 1938, regarding Kari Stockwell, which was adopted.

Senator Sims offered Senate Resolution No. 1939, regarding Matthew D. Ehlen, St. Louis, which was adopted.

Senator Maxwell offered Senate Resolution No. 1940, regarding Justin Mark McAninch, Kirksville, which was adopted.

PRIVILEGED MOTIONS

Senator Goode moved that the Senate grant the House a further conference on HS for HCS for SB 487, as amended, which motion prevailed.

HOUSE BILLS ON THIRD READING

Senator Wiggins moved that SS for SCS for HB 1507, as amended, be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

On motion of Senator Wiggins, SS for SCS for HB 1507, as amended, was read the 3rd time and passed by the following vote:

The President Pro Tem declared the bill passed.

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

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

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

CONFERENCE COMMITTEE REPORTS

Senator House moved that CCS for HS for HCS for SS for SCS for SB 781 be taken up for 3rd reading and final passage, which motion prevailed.

Senator House moved that CCS for HS for HCS for SS for SCS for SB 781 be read the 3rd time and finally passed.

Senator Johnson assumed the Chair.

Senator Mathewson assumed the Chair.

Senator Johnson assumed the Chair.

Senator Mathewson assumed the Chair.

Senator Maxwell assumed the Chair.

Senator Johnson assumed the Chair.

Senator Mueller requested a roll call vote be taken to establish a quorum.

On roll call the following Senators were present:

Senator Graves requested unanimous consent that the Senate rear gallery be designated a part of the Senate Floor.

Senator Jacob objected.

Senator Graves was recognized to speak on the bill.

Senator Mathewson assumed the Chair.

Senator Caskey raised the point of order that Senator Graves lost the right to continue speaking when the motion to expand the Chamber was offered.

The point of order was referred to the President Pro Tem, who took it under advisement.

HOUSE BILLS ON THIRD READING

At the request of Senator DePasco, HB 1352, with SCS, was placed on the Informal Calendar.

At the request of Senator Sims, HCS for HB 1536, with SCS, was placed on the Informal Calendar.

At the request of Senator Clay, HS for HCS for HBs 977 and 1608, with SCS, was placed on the Informal Calendar.

At the request of Senator Goode, HCS for HB 1143, with SCAs 1 and 2, was placed on the Informal Calendar.

At the request of Senator Johnson, HB 1136, with SCAs 1, 2 and 3, was placed on the Informal Calendar.

At the request of Senator Goode, HB 1144, with SCA 1, was placed on the Informal Calendar.

At the request of Senator DePasco, HCS for HBs 1273, 943 and 1217, with SCS, was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which was referred HS for HCS for HBs 1147, 1435, 1050, 1186 and 1108, with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

HOUSE BILLS ON THIRD READING

HS for HCS for HBs 1147, 1435, 1050, 1186 and 1108, with SCS, entitled:

An Act to repeal sections 195.211, 195.222, 195.223, 195.233, 195.420, 217.362, 311.720, 542.276, 544.376 and 568.045, RSMo 1994, and sections 195.010, 195.017, 195.040, 195.060, 195.100, 195.197, 195.214, 195.400, 195.410, and 570.030, RSMo Supp. 1997, and to enact in lieu thereof thirty-two new sections for the purpose of addressing the controlled substances problem, with penalty provisions.

Was taken up by Senator Wiggins.

SCS for HS for HCS for HBs 1147, 1435, 1050, 1186 and 1108, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1147, 1435, 1050, 1186 AND 1108

An Act to repeal sections 195.211, 195.222, 195.223, 195.233, 195.420, 195.509, 217.362, 311.720, 544.376, 568.045 and 569.085, RSMo 1994, and sections 195.010, 195.040, 195.060, 195.100, 195.197, 195.400, 195.410, and 570.030, RSMo Supp. 1997, and to enact in lieu thereof twenty-three new sections for the purpose of addressing the controlled substances problem, with penalty provisions.

Was taken up.

Senator Wiggins moved that SCS for HS for HCS for HBs 1147, 1435, 1050, 1186 and 1108 be adopted.

Senator Wiggins offered SS for SCS for HS for HCS for HBs 1147, 1435, 1050, 1186 and 1108, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1147, 1435, 1050, 1186 AND 1108

An Act to repeal sections 195.211, 195.222, 195.223, 195.233, 195.420, 217.362, 311.720, 544.376, 568.045 and 569.085, RSMo 1994, and sections 195.010, 195.040, 195.060, 195.100, 195.197, 195.400, 195.410, and 570.030, RSMo Supp. 1997, and to enact in lieu thereof twenty-seven new sections for the purpose of addressing the controlled substances problem, with penalty provisions.

Senator Wiggins moved that SS for SCS for HS for HCS for HBs 1147, 1435, 1050, 1186 and 1108 be adopted, which motion prevailed.

On motion of Senator Wiggins, SS for SCS for HS for HCS for HBs 1147, 1435, 1050, 1186 and 1108 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 Quick moved that motion lay on the table, which motion prevailed.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HS for SS No. 2 for SCS for SB 632, as amended, and has taken up and passed CCS for HS for SS No. 2 for SCS for SB 632.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HS for HCS for SB 487, as amended: Representatives: Auer, Fritts, O'Connor, Legan and Burton.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HB 1301 and has taken up and passed CCS for HB 1301.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SA 1 to HCS for HB 1510 and has again taken up and passed HCS for HB 1510 as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HS for HCS for SB 827 and has taken up and passed CCS for HS for HCS for SB 827.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SS for SCS for HB 1507, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HS for SB 743, as amended: Representatives: Hoppe, Foley, Mays (50), Griesheimer and Ross.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1668, as amended, and has again taken up and passed SCS for HB 1668, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SS for SCS for HS for HB 1694 and has taken up and passed CCS for SS for SCS for HS for HB 1694.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HB 1683, as amended, and has taken up and passed CCS for SCS for HB 1683.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report No. 2 on HCS for SB 778 and has taken up and passed CCS No. 2 for HCS for SB 778.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for SCS for SB 561, entitled:

An Act to repeal sections 191.850, 191.857, 191.858 and 191.859, RSMo 1994, relating to services for the blind or visually impaired, and to enact in lieu thereof six new sections relating to the same subject, with an effective date.

With House Amendments Nos. 1, 2, 3, 4, 5, 6, 7 and 8.

HOUSE AMENDMENT NO. 1

Amend House Substitute for Senate Committee Substitute for Senate Bill No. 561, Page 1, In the Title, Line 5, by deleting the word "six" and inserting in lieu thereof the word "eight"; and

Further amend said bill, Page 1, Section A, Line 11, by deleting the word "six" and inserting in lieu thereof the word "eight"; and

Further amend said bill, Page 1, Section A, Line 13, by deleting the word and number "and 1" and inserting in lieu thereof the following: ", 1, 2 and 3"; and

Further amend said bill, Page 9, Section 1, Line 3, by inserting after all of said line the following:

"Section 2. 1. As used in this section, the following terms mean:

(1) "Blind persons/visually impaired persons", individuals who:

(a) Have a visual acuity of 20/200 or less in the better eye with conventional correction, or have a limited field of vision such that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees; or

(b) Have a reasonable expectation of visual deterioration;

(2) "Student", any student who is blind or any student eligible for special education services for visually impaired as defined in P.L. 94-142;

(3) "Vision specialist in education", any individual certified as an instructor of the blind and visually impaired and has reasonable knowledge of assistive techniques, skills and technology. These may include, but are not limited to braille, cane travel and assistive computer technology.

2. The division of special education within the department of elementary and secondary education shall develop a program to provide a vision specialist in education, available at each regional professional development center.

3. The role of the vision specialist in education is as follows:

(1) To act as a resource providing direct service to the school districts under the regional office of professional development with regard to children who are visually impaired;

(2) To make recommendations to schools using assessments and information, as provided by Missouri school for the blind;

(3) To oversee a short-term assistive technology equipment loan program for the region;

(4) To maintain a list of all qualified personnel and paraprofessionals within the region who work with visually impaired students;

(5) To see that the overall educational needs of visually impaired students are met.

4. There is hereby created in the state treasury the "Vision Specialist in Education Fund" which shall be administered by the division of special education within the department of elementary and secondary education. Moneys in the fund shall, upon appropriation, be used to establish and maintain the vision specialist in education program pursuant to subsection 2 of this section.

Section 3. 1. As used in this section, the following terms mean:

(1) "Assistive computing technology/ computer-aided reading", the adapted speech-output system for reading through use of a computer and a speech synthesizer;

(2) "Blind persons", individuals who:

(a) Have a visual acuity of 20/200 or less in the better eye with conventional correction, or have a limited field of vision such that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees; or

(b) Have a reasonable expectation of visual deterioration; or

(c) Cannot read printed material at a competitive rate of speed and with facility due to lack of visual acuity;

(3) "Student", any student who is blind or any student eligible for special education services for visually impaired as defined in P.L. 94-142.

2. All students may receive instruction in assistive computing technology reading as part of their individualized education plan. No student shall be denied the opportunity of instruction in computer-aided reading solely because the student has some remaining vision.

3. Instruction in assistive computing technology shall be sufficient to enable each student to communicate effectively and efficiently at a level commensurate with his sighted peers of comparable grade level and intellectual functioning. Assistive computing technology is not an alternative to instruction of braille skills, but a necessary supplement. The student's individualized education plan shall specify:

(1) How assistive computing technology will be implemented as a supplementary mode for learning through integration with normal classroom activities. If computer-aided reading will not be provided to a child who is blind, the reason for not incorporating it in the individualized education plan shall be documented therein;

(2) The date on which the instruction will commence;

(3) The level of competency in reading to be achieved by the end of the period covered by the individualized education plan; and

(4) The duration of each session.".

HOUSE AMENDMENT NO. 2

Amend House Substitute for Senate Committee Substitute for Senate Bill No. 561, Page 1, In the Title, Lines 3 to 6 of said page, by deleting all of said lines and inserting in lieu thereof the following: "and 191.859, RSMo 1994, and to enact in lieu thereof eleven new sections for the purpose of regulating utilities and their merchandising practices, with an"; and

Further amend said bill, Page 1, Section A, Line 11 of said page, by deleting the word "six" and inserting in lieu thereof the word "eleven"; and

Further amend said bill, Page 1, Section A, Line 13 of said page, by inserting immediately before "and 1" the following: ", 386.754, 386.756, 386.760, 386.762, 386.764"; and

Further amend said bill, Page 8, Section 191.863, Line 15 of said page, by inserting after all of said line the following:

"386.754. For the purposes of sections 386.754 to 386.764, the following terms mean:

(1) "Affiliate", any entity not regulated by the public service commission which is owned, controlled by or under common control with a utility and is engaged in HVAC services;

(2) "HVAC services", the warranty, sale, lease, rental, installation, construction, modernization, retrofit, maintenance or repair of heating, ventilating and air conditioning equipment;

(3) "Utility", an electrical corporation, gas corporation or heating company as defined in section 386.020;

(4) "Utility contractor", a person, including an individual, corporation, firm, incorporated or unincorporated association or other business or legal entity, that contracts, whether in writing or not in writing, with a utility to engage in or assist any entity in engaging in HVAC services, but does not include employees of a utility.

386.756. 1. Except by an affiliate, a utility shall not engage in HVAC services, unless otherwise provided in subsection 7 or 8 of this section.

2. No affiliate or utility contractor shall use any vehicles, service tools, instruments, employees or any other utility assets, the cost of which are recoverable in the regulated rates for utility service, to engage in HVAC services unless the utility is compensated for the use of such assets at cost to the utility.

3. A utility shall not use or allow any affiliate or utility contractor to use the name of such utility to engage in HVAC services unless the utility, affiliate or utility contractor discloses in plain view and in bold type on the same page as the name is used on all advertisements or in plain audible language during all solicitations of such services a disclaimer that states the services provided are not regulated by the public service commission.

4. A utility shall not engage in or assist any affiliate or utility contractor in engaging in HVAC services in a manner which subsidizes the activities of such utility, affiliate or utility contractor to the extent of changing the rates or charges for the utility's regulated services above or below the rates or charges that would be in effect if the utility were not engaged in or assisting any affiliate or utility contractor in engaging in such activities.

5. Any affiliates or utility contractors engaged in HVAC services shall maintain accounts, books and records separate and distinct from the utility.

6. The provisions of this section shall apply to any affiliate or utility contractor engaged in HVAC services that is owned, controlled or under common control with a utility providing regulated utility service in this state or any other state.

7. A utility engaging in HVAC services in this state five years prior to August 28, 1998, may continue providing to existing, as well as new, customers the same type of services as those provided five years prior to August 28, 1998.

8. The provisions of this section shall not be construed to prohibit a utility from providing emergency service, providing any service required by law or providing a program pursuant to an existing tariff, rule or order of the public service commission.

9. A utility that violates any provision of this section is guilty of a civil offense and may be subject to a civil penalty of up to twelve thousand five hundred dollars for each violation.

386.760. 1. The public service commission shall have full authority to administer and ensure compliance with sections 386.754 to 386.764 provided that the commission shall not impose by rule or otherwise, requirements regarding HVAC services that are inconsistent with or in addition to those set forth in sections 386.754 to 386.764 or with requirements set forth in section 386.315.

2. No rule or portion of a rule promulgated pursuant to the provisions of sections 386.754 to 386.764 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

386.762. The public service commission shall have authority to:

(1) Review, inspect and audit books, accounts and other records kept by a utility or affiliate for the sole purpose of ensuring compliance with sections 386.754 to 386.764 and make findings available to the commission; and

(2) Investigate the operations of a utility or affiliate and their relationship to each other for the sole purpose of ensuring compliance with sections 386.754 to 386.764.

386.764. Nothing in sections 386.754 to 386.764 shall be construed as modifying existing legal standards regarding which party has the burden of proof in commission proceedings.".

HOUSE AMENDMENT NO. 3

Amend House Substitute for Senate Committee Substitute for Senate Bill No. 561, Page 7, Section 191.863, Line 6 deleting the word "assure" and inserting in lieu thereof the word "facilitate"; and

Further amend said bill, page 7, section 191.863, line 12, by deleting the word "assure" and inserting in lieu thereof the word "facilitate"; and

Further amend said bill, page 7, section 191.863, lines 14-22 by deleting all of said lines; and

Further amend said bill, page 8, section 191.863, lines 1-4 by deleting all of said lines; and

Further amend said bill by renumbering the remaining sections accordingly.

HOUSE AMENDMENT NO. 4

Amend House Substitute for Senate Committee Substitute for Senate Bill No. 561, Page 1, In the Title, Line 3, by deleting the word and number "and 191.859" and inserting in lieu thereof the following: ", 191.859 and 386.570"; and

Further amend said bill, Page 1, In the Title, Line 5 of said page, by deleting the word "six" and inserting in lieu thereof the word "seven"; and

Further amend said bill, Page 1, In the Title, Line 6 of said page, by inserting after the word "with" the following: "penalty provisions and"; and

Further amend said bill, Page 1, Section A, Line 10 of said page, by deleting "and 191.859" and inserting in lieu thereof the following: ", 191.859 and 386.570"; and

Further amend said bill, Page 1, Section A, Line 11 of said page, by deleting the word "six" and inserting in lieu thereof the word "seven"; and

Further amend said bill, Page 1, Section A, Line 13 of said page, by inserting immediately after the number "191.863" the number ", 386.570"; and

Further amend said bill, Page 8, Section 1, Line 16 of said page, by inserting before all of said line the following:

"386.570. 1. Any corporation, person, municipality which owns a gas plant or public utility which violates or fails to comply with any provision of the constitution of this state or of this or any other law, or which fails, omits or neglects to obey, observe or comply with any order, decision, decree, rule[, direction, demand] or requirement, or any part or provision thereof, of the commission in a case in which a penalty has not herein been provided for such corporation, person, municipality which owns a gas plant, or public utility, is subject to a penalty of not less than one hundred dollars nor more than two thousand dollars for each offense, except to the extent that Section 60105(b)(7) of the Natural Gas Pipeline Safety Act (49 U.S.C., Section 60101 et seq.) requires that state remedies for violations of federal safety standards pursuant to such federal law shall be substantially the same as remedies provided by such law, then the maximum penalties for violations of such federally mandated safety standards, which also constitute violations of the commission's rules, shall be punishable by a penalty of not more than ten thousand dollars for each violation, not to exceed five hundred thousand dollars for any related series of such violations. In determining the amount of the penalty, the nature, circumstances and the gravity of the violation shall be considered and, with respect to the person, corporation, municipality which owns a gas plant or public utility found to have committed the violation, the degree of culpability, any history of prior violations, the effect on the ability to continue operation, and any good faith effort in attempting to achieve compliance, ability to pay the penalty, and such other matters as are relevant shall be considered.

2. Every violation of the provisions of this or any other law or of any order, decision, decree, rule[, direction, demand] or requirement of the commission, or any part or portion thereof, by any corporation [or], person, municipality which owns a gas plant or public utility is a separate and distinct offense, and in case of a continuing violation each day's continuance thereof shall be and be deemed to be a separate and distinct offense.

3. In construing and enforcing the provisions of this chapter relating to penalties, the act, omission or failure of any officer, agent or employee of any corporation, person, municipality which owns a gas plant or public utility, acting within the scope of his official duties of employment, shall in every case be and be deemed to be the act, omission or failure of such corporation, person, municipality which owns a gas plant or public utility.".

HOUSE AMENDMENT NO. 5

Amend House Substitute for Senate Committee Substitute for Senate Bill No. 561, Page 9, Section 1, Line 3 by inserting after all of said section the following:

"Section B. Chapter 190, RSMo, is amended by adding thereto five new sections, to be known as sections 190.400, 190.410, 190.420, 190.430 and 190.440, to read as follows:

190.400. As used in sections 190.400 to 190.440, the following words and terms shall mean:

(1) "911", the primary emergency telephone number within the wireless system;

(2) "Board", the wireless service provider enhanced 911 advisory board;

(3) "Public safety agency", a functional division of a public agency which provides fire fighting, police, medical or other emergency services. For the purpose of providing wireless service to users of 911 emergency services, as expressly provided in this section, the department of public safety and state highway patrol shall be considered a public safety agency;

(4) "Public safety answering point", the location at which 911 calls are initially answered;

(5) "Wireless service provider", a provider of commercial mobile service pursuant to section 332(d) of the Federal Telecommunications Act of 1996 (47 U.S.C. Section 151 et seq).

190.410. 1. There is hereby created in the department of public safety the "Wireless Service Provider Enhanced 911 Advisory Board", consisting of eight members as follows:

(1) The director of the department of public safety or the director's designee who shall hold a position of authority in such department of at least a division director;

(2) The chairperson of the public service commission or the chairperson's designee; except that such designee shall be a commissioner of the public service commission or hold a position of authority in the commission of at least a division director;

(3) Three representatives and one alternate from the wireless service providers, elected by a majority vote of wireless service providers licensed to provide service in this state; and

(4) Three representatives from public service answering point organizations, elected by the members of the state chapter of the associated public safety communications officials and the state chapter of the National Emergency Numbering Association.

2. Immediately after the board is established the initial term of membership for a member elected pursuant to subdivision (3) of subsection 1 of this section shall be one year and all subsequent terms for members so elected shall be two years. The membership term for a member elected pursuant to subdivision (4) of subsection 1 of this section shall initially and subsequently be two years. Each member shall serve no more than two successive terms unless the member is on the board pursuant to subdivision (1) or (2) of subsection 1 of this section. Members of the board shall serve without compensation, however, the members may receive reimbursement of actual and necessary expenses. Any vacancies on the board shall be filled in the manner provided for in this subsection.

3. The board shall do the following:

(1) Elect from its membership a chair and other such officers as the board deems necessary for the conduct of its business;

(2) Meet at least one time per year for the purpose of discussing the implementation of Federal Communications Commission order 94-102;

(3) Advise the office of administration regarding implementation of federal communications commission order 94-102; and

(4) Provide any requested mediation service to a political subdivision which is involved in a jurisdictional dispute regarding the providing of wireless 911 services. The board shall not supersede decision-making authority of any political subdivision in regard to 911 services.

4. The director of the department of public safety shall provide and coordinate staff and equipment services to the board to facilitate the board's duties.

190.420. 1. There is hereby established in the state treasury a fund to be known as the "Wireless Service Provider Enhanced 911 Service Fund". All fees collected pursuant to sections 190.400 to 190.440 by wireless service providers shall be remitted to the director of the department of revenue. The director shall remit such payments to the state treasurer.

2. The state treasurer shall deposit such payments into the wireless service provider enhanced 911 service fund. Moneys in the fund shall be used for the purpose of reimbursing expenditures actually incurred in the implementation and operation of the wireless service provider enhanced 911 system.

3. Any unexpended balance in the fund shall be exempt from the provisions of section 33.080, RSMo, relating to the transfer of unexpended balances to the general revenue fund, and shall remain in the fund. Any interest earned on the moneys in the fund shall be deposited into the fund.

190.430. 1. The commissioner of the office of administration is authorized to establish a fee, if approved by the voters pursuant to section 190.440, not to exceed fifty cents per wireless telephone number per month to be collected by wireless service providers from wireless service customers.

2. The office of administration shall promulgate rules and regulations to administer the provisions of sections 190.400 to 190.440. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated pursuant to the authority delegated in sections 190.400 to 190.440 shall become effective only if it has been promulgated pursuant to the provisions of chapter 536, RSMo. All rulemaking authority delegated prior to the effective date of this section is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to the effective date of this section if it fully complied with the provisions of chapter 536, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after the effective date of this section shall be invalid and void.

3. The office of administration is authorized to administer the fund and to distribute the moneys in the wireless service provider enhanced 911 service fund for approved expenditures as follows:

(1) For the reimbursement of actual expenditures for implementation of wireless enhanced 911 service by wireless service providers in implementing Federal Communications Commission order 94-102; and

(2) To subsidize and assist the public safety answering points based on a formula established by the office of administration, which may include, but is not limited to the following:

(a) The volume of wireless 911 calls received by each public safety answering point;

(b) The population of the public safety answering point jurisdiction;

(c) The number of wireless telephones in a public safety answering point jurisdiction by zip code; and

(d) Any other criteria found to be valid by the office of administration;

(3) For the reimbursement of actual expenditures for equipment for implementation of wireless enhanced 911 service by public safety answering points to the extent that funds are available, provided that ten percent of funds distributed to public safety answering points shall be distributed in equal amounts to each public safety answering point participating in enhanced 911 service;

(4) Notwithstanding any other provision of the law, no proprietary information submitted pursuant to this section shall be subject to subpoena or otherwise released to any person other than to the submitting wireless service provider, without the express permission of said wireless service provider. General information collected pursuant to this section shall only be released or published in aggregate amounts which do not identify or allow identification of numbers of subscribers or revenues attributable to an individual wireless service provider.

4. Wireless service providers are entitled to retain one percent of the surcharge money they collect for administrative costs associated with billing and collection of the surcharge.

5. No more than five percent of the moneys in the fund, subject to appropriation by the general assembly, shall be retained by the office of administration for reimbursement of the costs of overseeing the fund and for the actual and necessary expenses of the board.

6. The office of administration shall review the distribution formula once every year and may adjust the amount of the fee within the limits of section 190.430, as determined necessary.

7. The provisions of sections 190.307 and 190.308 shall be applicable to programs and services authorized by sections 190.400 to 190.440.

8. Notwithstanding any other provision of the law, in no event shall any wireless service provider, its officers, employees, assigns or agents, be liable for any form of civil damages or criminal liability which directly or indirectly result from, or is caused by, an act or omission in the development, design, installation, operation, maintenance, performance or provision of 911 service or other emergency wireless two- and three-digit wireless numbers, unless said acts or omissions constitute gross negligence, recklessness or intentional misconduct. Nor shall any wireless service provider, its officers, employees, assigns, or agents be liable for any form of civil damages or criminal liability which directly or indirectly result from, or is caused by, the release of subscriber information to any governmental entity as required under the provisions of this act unless the release constitutes gross negligence, recklessness or intentional misconduct.

190.440. 1. The office of administration shall not be authorized to establish a fee pursuant to the authority granted in section 190.430 unless a ballot measure is submitted and approved by the voters of this state. The ballot measure shall be submitted by the secretary of state for approval or rejection at the general election held and conducted on the Tuesday immediately following the first Monday in November, 1998, or at a special election to be called by the governor on the ballot measure. If the measure is rejected at such general or special election, the measure may be resubmitted at each subsequent general election, or may be resubmitted at any subsequent special election called by the governor on the ballot measure, until such measure is approved.

2. The ballot of the submission shall contain, but is not limited to, the following language:

Shall the Missouri office of administration be authorized to establish a fee of up to fifty cents per month to be charged every wireless telephone number for the purpose of funding wireless enhanced 911 service?

Yes No

If you are in favor of the question, place an "X" in the box opposite "Yes". If you are opposed to the question, place an "X" in the box opposite "No".

3. If a majority of the votes cast on the ballot measure by the qualified voters voting thereon are in favor of such measure, then the office of administration shall be authorized to establish a fee pursuant to section 190.430, and the fee shall be effective on January 1, 1999, or the first day of the month occurring at least thirty days after the approval of the ballot measure. If a majority of the votes cast on the ballot measure by the qualified voters voting thereon are opposed to the measure, then the office of administration shall have no power to establish the fee unless and until the measure is approved.

Section C. Because immediate action is necessary to provide enhanced wireless service to users of 911 emergency services this section is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section B of this act shall be in full force and effect upon its passage and approval."; and

Further amend the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 6

Amend House Substitute for Senate Committee Substitute for Senate Bill No. 561, Page 1, In the title, Line 5 of said page, by deleting the word "six" and inserting in lieu thereof the word "eight"; and

Further amend said bill, Page 1, Section A, Line 11 of said page, by deleting the word "six" and inserting in lieu thereof the word "eight"; and

Further amend said bill, Page 1, Section A, Line 13 of said page, by deleting "and 1" and inserting in lieu thereof ", 1, 2 and 3"; and

Further amend said bill, Page 9, Section 1, Line 3 of said page, by inserting after all of said line the following:

"Section 2. 1. If approved by a majority of the voters voting on the proposal, a county of the first classification having a population of over nine hundred thousand inhabitants may, by ordinance, levy and impose annually, upon water service lines providing water service to residential property having four or fewer dwelling units, a fee not to exceed one dollar per month or an equivalent rate collected at some other interval.

2. The ballot of submission shall be substantially of the following form:

For the purpose of repair or replacement of water lines extending from the water main to a residential dwelling due to failure of the line or for road relocation, shall .............................. county be authorized to impose a fee not to exceed one dollar per month or an equivalent rate collected at some other interval upon all water service lines providing water service within the county to residential property having four or fewer dwelling units for the purpose of paying for the costs of necessary water service line repairs, replacements or relocations caused by improvements to public right-of-way?

YES NO

3. For the purpose of this section, a water service line may be defined by local ordinance, but may not include the water meter or exceed that portion of water piping and related valves and connectors which extends from the water mains owned by the utility or municipality distributing public water supply to the first opportunity for a connection or joint beyond the point of entry into the premises receiving water service, and may not include facilities owned by the utility or municipality distributing public water supply. For purposes of this section, repair may be defined and limited by local ordinance, and may include replacement, repairs or relocation when made necessary by improvements to public right-of-way.

4. If a majority of the voters voting thereon approve the proposal authorized in subsection 1 of this section, the governing body of the county may enact an ordinance for the collection of such fee. The funds collected pursuant to such ordinance shall be deposited in a special account to be used solely for the purpose of paying for the reasonable costs associated with and necessary to administer and carry out the water service line repairs as defined in the ordinance and, if sufficient revenues are available, to reimburse the necessary costs of water service line repair, replacement or relocation made necessary by public right-of-way improvements.

5. The county may contract with any provider of water service in the county to bill and collect such fees along with bills for water service and to pursue collection of such amounts through discontinuance of service as may be directed by the county. The county may establish, as provided in the ordinance, regulations necessary for the administration of collections, claims, repairs, relocations, replacements and all other activities necessary and convenient for the implementation of any ordinance adopted and approved pursuant to this section. The c