Journal of the Senate

FIRST REGULAR SESSION


FIFTY-THIRD DAY--TUESDAY, APRIL 10, 2001


The Senate met pursuant to adjournment.

President Pro Tem Kinder in the Chair.

Reverend Carl Gauck offered the following prayer:

"From everyone to whom much has been given, much will be required; and from the one to whom much has been entrusted, even more will be demanded." (Luke 12:48)

Amazing Lord, You have blessed each of us with special gifts and abilities for which we are grateful but are especially reminded that since we have been given many talents and great capabilities much more is demanded of us. Let us always be mindful that the demands and responsibilities we feel comes as a result of the many blessings which You have given us. May we always use them in service to Your people and the caring for one another required of us. In Your Holy Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal of the previous day was read and approved.

The following Senators were present during the day's proceedings:
Present--Senators
Bentley Bland Caskey Cauthorn
Childers DePasco Dougherty Foster
Gibbons Goode Gross House
Jacob Johnson Kenney Kinder
Klarich Klindt Loudon Mathewson
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
Absent with leave--Senator Carter--1
The Lieutenant Governor was present.

RESOLUTIONS

Senators Scott and Staples offered Senate Resolution No. 528, regarding the Seventieth Wedding Anniversary of Mr. and Mrs. Leland Price, Bonne Terre, which was adopted.

Senator Stoll offered Senate Resolution No. 529, regarding Pauline M. "Polly" Chism, Jefferson County, which was adopted.

Senator Rohrbach offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 530

WHEREAS, from time to time the members of the Missouri Senate are called upon to applaud the achievements realized by an outstanding group of talented young Missouri citizens; and

WHEREAS, the Jefferson City High School Cheerleaders have enjoyed the distinction of being named the 2000 Missouri State Cheerleading Champions, an accomplishment for which they will be honored by the Cheerleader Booster Club during the annual Cheerleaders Banquet on Thursday, April 19, 2001; and

WHEREAS, excitement filled the air when the Jefferson City High School Cheerleaders competed at the University of Missouri's Hearnes Center against other Class 4A schools which placed in the top rank of their district; and

WHEREAS, Coach Julie Maassen and Team Captain Lindsay Rackers can take pride in the skill, finesse, and physical strength displayed by the cheerleaders in their quest to ignite the enthusiasm of the fans; and

WHEREAS, the Jefferson City High School Cheerleaders are known throughout the Capital City for their fantastic performances, mighty school spirit, and continual willingness to go above and beyond what is required to achieve excellence; and

WHEREAS, the cheerleaders, their sponsors, their families, and their many fans merit special commendation for proudly representing Jefferson City High School at the prestigious championship competition:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-first General Assembly, unanimously join the Jefferson City community in extending our most hearty congratulations and best wishes to the Jefferson City High School Cheerleaders for their triumphant First Place Finish in the 2000 Missouri State Cheerleading Championship; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Jefferson City High School.

Senator Wiggins offered Senator Resolution No. 531, regarding the death of George A. Rose, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 532, regarding the death of Ray F. Moseley, Jr., Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 533, regarding the death of Jay A. Wilcox, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 534, regarding the death of Stavroula "Stella" Stathopoulos, Kansas City, which was adopted.

CONCURRENT RESOLUTIONS

Senator DePasco moved that SCR 28 be taken up for adoption, which motion prevailed.

Senator Dougherty offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Concurrent Resolution No. 28, Page 619 of the Senate Journal for Tuesday, April 3, 2001, Column 1, Line 16, by adding after "oil" "and for solar and other alternative fuel sources".

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

On motion of Senator DePasco, SCR 28, as amended, was adopted by the following vote:

YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers DePasco Dougherty Foster
Gibbons Gross Jacob Johnson
Kenney Kinder Klarich Klindt
Loudon Mathewson Quick Rohrbach
Russell Scott Sims Singleton
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senators
Goode House Schneider--3
Absent--Senator Staples--1
Absent with leave--Senator Carter--1

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which were referred SS for SCS for SBs 214, 124, 209 and 322; and SCS for SB 60, begs leave to report that it has considered the same and recommends that the bills do pass.

Senator Rohrbach assumed the Chair.

Senator Yeckel, Chairman of the Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, submitted the following reports:

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred HB 664, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred HB 491, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred HB 236, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred HB 266, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred HB 745, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred HB 180, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred HB 129, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred HB 48, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, Veterans' Affairs and Elections, to which was referred HB 801, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Senator Kenney, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following reports:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which were referred SS No. 2 for SCS for SBs 22 and 106; SS for SCS for SB 351; and SS for SCS for SBs 433 and 248, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

SENATE BILLS FOR PERFECTION

Senator Kinder moved that SB 89 and SB 37, with SCS, be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SCS for SBs 89 and 37, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 89 and 37

An Act to repeal section 570.030, RSMo 2000, relating to crimes, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Kinder moved that SCS for SBs 89 and 37 be adopted.

Senator Westfall offered SS for SCS for SBs 89 and 37, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 89 AND 37

An Act to repeal section 570.030, RSMo 2000, and to enact in lieu thereof three new sections relating to the manufacture of methamphetamine, with penalty provisions.

Senator Westfall moved that SS for SCS for SBs 89 and 37 be adopted.

Senator Klarich offered SA 1:



SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 89 and 37, Page 1, Section A, Line 3, by inserting after all of said line the following:

"441.236. 1. In the event that any premises to be leased by a landlord is or was used as a site for methamphetamine production, the landlord shall disclose in writing to the tenant the fact that methamphetamine was produced on the premises, provided that the landlord had knowledge of such prior methamphetamine production. The landlord shall disclose any prior knowledge of methamphetamine production, regardless of whether the persons involved in the production were convicted for such production.

2. A landlord shall disclose in writing the fact that any premises to be leased by the landlord either was the place of residence of a person convicted of any of the following crimes, or was the storage site or laboratory for any of the substances for which a person was convicted of any of the following crimes, provided that the landlord knew or should have known of such convictions:

(1) Creation of a controlled substance in violation of section 195.420, RSMo;

(2) Possession of ephedrine with intent to manufacture methamphetamine in violation of section 195.246, RSMo;

(3) Unlawful use of drug paraphernalia with the intent to manufacture methamphetamine in violation of subsection 2 of section 195.233, RSMo;

(4) Endangering the welfare of a child by any of the means described in subdivision (4) or (5) of subsection 1 of section 568.045, RSMo; or

(5) Any other crime related to methamphetamine, its salts, optical isomers and salts of its optical isomers either in chapter 195, RSMo, or in any other provision of law.

442.606. 1. In the event that any parcel of real property to be sold, exchanged or transferred is or was used as a site for methamphetamine production, the seller or transferor shall disclose in writing to the buyer or transferee the fact that methamphetamine was produced on the premises, provided that the seller or transferor had knowledge of such prior methamphetamine production. The seller or transferor shall disclose any prior knowledge of methamphetamine production, regardless of whether the persons involved in the production were convicted for such production.

2. A seller or transferor of any parcel of real property shall disclose in writing the fact that any premises to be sold or transferred either was the place of residence of a person convicted of any of the following crimes, or was the storage site or laboratory for any of the substances for which a person was convicted of any of the following crimes, provided that the seller or transferor knew or should have known of such convictions:

(1) Creation of a controlled substance in violation of section 195.420, RSMo;

(2) Possession of ephedrine with intent to manufacture methamphetamine in violation of section 195.246, RSMo;

(3) Unlawful use of drug paraphernalia with the intent to manufacture methamphetamine in violation of subsection 2 of section 195.233, RSMo;

(4) Endangering the welfare of a child by any of the means described in subdivision (4) or (5) of subsection 1 of section 568.045, RSMo; or

(5) Any other crime related to methamphetamine, its salts, optical isomers and salts of its optical isomers either in chapter 195, RSMo, or in any other provision of law."; and

Further amend the title and enacting clause accordingly.

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

Senator Yeckel offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 89 and 37, Page 1, Section A, Line 3 of said page, by inserting after all of said line the following:

"195.515. 1. Any manufacturer or wholesaler who sells, transfers, or otherwise furnishes ephedrine, pseudoephedrine or phenylpropanolamine, or any of their salts, optical isomers and salts of optical isomers, alone or in a mixture, and is required by federal law to report any suspicious transaction to the United States attorney general, shall submit a copy of the report to the chief law enforcement official with jurisdiction before completion of the sale or as soon as practicable thereafter.

2. As used in this section, "suspicious transaction" means any sale or transfer required to be reported pursuant to 21 U.S.C. 830(b)(1).

3. Any violation of this section shall be a class D felony.

195.518. 1. It is unlawful for any person to possess more than five grams of ephedrine, its salts, optical isomers and salts of optical isomers or more than twelve grams of pseudoephedrine, its salts, optical isomers and salts of optical isomers.

2. This section shall not apply to:

(1) Any pharmacist or other authorized person acting upon the prescription of a physician, dentist, podiatrist or veterinarian; or

(2) Any physician, optometrist, dentist, podiatrist or veterinarian who administers, dispenses or furnishes a substance listed in subsection 1 of this section to his patients within the scope of his professional practice. Such administration or dispensing shall be recorded in the patient record; or

(3) Any pharmacy, retail outlet or retail distributor who possesses a sales and use tax permit issued by the department of revenue and who possesses such substances in the ordinary course of business; or

(4) Any person who lawfully manufacturers or distributes or any wholesaler who sells, transfers or otherwise furnishes any substance listed in subsection 1 of this section to a licensed pharmacy, physician, dentist, podiatrist or veterinarian; or

(5) Any person in their home or residence under circumstances consistent with typical medicinal or household use as indicated by factors including, but not limited to, storage location and possession of products in a variety of strengths, brands, types, purposes and expiration dates.

3. A person who violates this section is guilty of a class D felony for the first offense, or a class C felony for a second or subsequent offense.

195.521. 1. It is unlawful for any person to sell, transfer, distribute or dispense any product containing ephedrine, pseudoephedrine or phenylpropanolamine, or any of their salts, optical isomers and salts of optical isomers, if the person knows that the purchaser will use the product as a precursor to manufacture methamphetamine or other controlled substance or with reckless disregard as to how the product will be used.

2. A person who violates this section is guilty of a class D felony for the first offense, or a class C felony for the second or subsequent offense.

195.524. 1. It shall be unlawful for a retail distributor, or an employee thereof, to sell, transfer, or otherwise furnish, in a single transaction:

(1) More than three packages of one or more products that he knows to contain ephedrine, pseudoephedrine, or phenyl-propanolamine, their salts, isomers, or salts of isomers where the total quantity of the sale is greater than nine grams;

(2) Any single package of any product that he or she knows to contain ephedrine, pseudoephedrine, or phenylpropanolamine, which contains more than ninety-six pills, tablets, gelcaps, capsules, or other individual units where the total quantity of the sale is greater than nine grams;

(3) When sold in blister packs, more than three grams of ephedrine, pseudoephedrine, or phenylpropanolamine base, each blister containing not more than two dosage units, or if the use of a blister pack is technically infeasible, the drug is packaged in unit dose packets or pouches; or

(4) In the case of liquids, not more than three grams of ephedrine, pseudoephedrine, or phenyl-propanolamine base.

2. It shall be unlawful for any person, other than a person or entity described in subsection 1 of this section, to purchase, acquire or otherwise receive in a single transaction:

(1) More than three packages of one or more products that he or she knows to contain ephedrine, pseudoephedrine, or phenyl-propanolamine, their salts, isomers, or salts of isomers where the total quantity of the sale is greater than nine grams; or

(2) Any single package of any product that he or she knows to contain ephedrine, pseudoephedrine, or phenylpropanolamine, which contains more than ninety-six pills, tablets, gelcaps, capsules, or other individual units where the total quantity of the sale is greater than nine grams; or

(3) More than nine grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts, isomers, or salts of isomers, or a combination of any such substances.

3. A violation of this section is a class A misdemeanor.

4. This section shall not apply to:

(1) Pediatric products primarily intended for administration to children under twelve years of age, according to label instructions, either:

(a) In solid dosage form whose individual dosage units do not exceed fifteen milligrams of ephedrine, pseudoephedrine, or phenyl-propanolamine; or

(b) In liquid form whose recommended dosage, according to label instructions, does not exceed fifteen milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per five milliliters of liquid product;

(2) Pediatric liquid products primarily intended for administration to children under two years of age for which the recommended dosage does not exceed two milliliters and the total package content does not exceed one fluid ounce;

(3) Products that the state department of health, upon application of a manufacturer, exempts by rule from this section because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine, or its salts or precursors;

(4) Products sold in package sizes of not more than three grams of ephedrine, pseudoephedrine, or phenylpropanolamine base, and that is packaged in blister packs, each blister containing not more than two dosage units, or where the use of blister packs is technically infeasible, that is packaged in unit dose packets or pouches, where the total quantity of the sale is not greater than three packages or nine grams, whichever is smaller;

(5) In the case of liquids, a product sold in package sizes of not more than three grams ephedrine, pseudoephedrine or phenyl-propanolamine base, where the total quantity of the sale is not greater than three packages or nine grams, whichever is smaller.

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

(1) "Retail distributor", a grocery store, general merchandise store, drugstore, convenience store or other related entity, the activities of which, as a distributor of ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine products, are limited exclusively to the sale of ephedrine, pseudoephedrine, phenylpropanolamine products for personal use both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales. Retail distributor shall include any person or entity that makes a direct sale or has knowledge of the sale, but does not include any manager, supervisor or owner not present and not otherwise aware of the sale, nor shall it include the parent company of that entity if the company is not involved in direct sales regulated by this chapter;

(2) "Sale for personal use", the sale in a single transaction to an individual customer for a legitimate medical use of a product containing ephedrine, pseudoephedrine, or phenyl-propanolamine in dosages at or below that specified in subsection 4 of this section. Sale for personal use also includes the sale of those products to employers to be dispensed to employees from first-aid kits or medicine chests.

6. Any person who is considered the general owner or operator of the outlet where ephedrine, pseudoephedrine, or phenyl-propanolamine products are available for sale who violates subsection 1 of this section shall not be penalized pursuant to this section if such person documents that an employee training program was in place to provide the employee with information on the state and federal regulations regarding ephedrine, pseudoephedrine, or phenylpropanolamine."; and

Further amend the title and enacting clause accordingly.

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

Senator Caskey offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 89 and 37, Page 2, Section 537.297, Line 12, by inserting after "owner" on said line: "as it relates to the act of tampering"; and further amend said section, line 16, by inserting after "tamperer"; "as it relates to the act of tampering".

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

Senator Westfall moved that SS for SCS for SBs 89 and 37, as amended, be adopted, which motion prevailed.

On motion of Senator Kinder, SS for SCS for SBs 89 and 37, as amended, was declared perfected and ordered printed.

Senator Westfall moved that SB 247 and SB 330, with SCS and SS for SCS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SS for SCS for SBs 247 and 330 was again taken up.

At the request of Senator Jacob, SS for SCS for SBs 247 and 330 was withdrawn.

SCS for SBs 247 and 330 was again taken up.

Senator Jacob offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bills Nos. 247 and 330, Page 7, Section 226.550, Line 1, by inserting immediately after "1." the following: "(1)"; and further amend line 15, by inserting immediately after "construction" the following:

"(2) On or after the effective date of this act, no new permits for outdoor advertising structures shall be issued unless the applicant voluntarily surrenders or revokes two or more existing outdoor advertising permits for each new permit until such time as the overall number of legally permitted and erected structures on Missouri's interstate, federal-aid primary highways as of June 1, 1991, and all highways designated as part of the national highway system by the National Highway Designation Act of 1995 is eleven thousand or less. The square footage of the new structure may not exceed the total square footage of the permits surrendered. This requirement shall not apply to permits for outdoor advertising structures which are less than one hundred square feet in size;

(3) Outdoor advertising permit holders who voluntarily or involuntarily surrender existing permits but do not seek to immediately obtain a new permit may receive credit for each outdoor advertising permit surrendered which may be used to obtain permits at any time during which subdivision (2) of this subsection is in effect;

(4) The Missouri highway and transportation commission shall publish and release an annual report indicating the overall number of permitted off-premise outdoor advertising structures on Missouri's interstate, federal-aid primary highways as of June 1, 1991, and all highways designated as part of the national highway system by the National Highway Designation Act of 1995. Said report shall indicate the number of signs as of July 1 of each calendar year and shall be publicly released by September 1 of each calendar year.".

Senator Jacob moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Childers, Johnson, Mathewson and Sims.

SA 3 was adopted by the following vote:
YEAS--Senators
Bentley DePasco Dougherty Gibbons
Goode House Jacob Johnson
Kenney Kinder Mathewson Quick
Schneider Scott Sims Singleton
Stoll Wiggins--18
NAYS--Senators
Caskey Cauthorn Childers Foster
Gross Klindt Loudon Rohrbach
Russell Steelman Westfall Yeckel--12
Absent--Senators
Bland Klarich Staples--3
Absent with leave--Senator Carter--1

At the request of Senator Westfall, SB 247 and SB 330, with SCS, as amended (pending), were placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

Senator Bentley, Chairman of the Committee on Education, submitted the following report:

Mr. President: Your Committee on Education, to which was referred HB 218, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

HOUSE BILLS ON SECOND READING

The following Bills were read the 2nd time and referred to the Committees indicated:

HB 954--Transportation.

HB 881--Aging, Families and Mental Health.

HB 408--Local Government and Economic Development.

HB 897--Transportation.

HB 933--Ways and Means.

HB 904--Agriculture, Conservation, Parks and Tourism.

HB 805--Transportation.

HB 821--Public Health and Welfare.

HB 644--Insurance and Housing.

HB 922--Local Government and Economic Development.

HB 84--Local Government and Economic Development.

HS for HCS for HBs 924, 714, 685, 756, 734 and 518--Transportation.

HS for HB 612--Aging, Families and Mental Health.

On motion of Senator Kenney, the Senate recessed until 2:00 p.m.

RECESS

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

RESOLUTIONS

Senator Kenney offered Senate Resolution No. 535, regarding Andrew Geoffrey "Drew" Mirocke, Lee's Summit, which was adopted.

Senator Kenney offered Senate Resolution No. 536, regarding Dominic Anthony "Dom" Mirocke, Lee's Summit, which was adopted.

Senator Caskey offered Senate Resolution No. 537, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Kenneth E. Swaidner, Pattonsburg, which was adopted.

Senator Foster offered Senate Resolution No. 538, regarding the One Hundredth Birthday of Maggie Leoda Jackson, Senath, which was adopted.

Senator Foster offered Senate Resolution No. 539, regarding the Seventy-Fourth Wedding Anniversary of Mr. and Mrs. Loyd Carter, Bernie, which was adopted.

Senator House offered Senate Resolution No. 540, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. John E. Moore, Warrenton, which was adopted.

THIRD READING OF SENATE BILLS

SCS for SB 60, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 60

An Act to repeal sections 208.151, 376.1209, 660.050, 660.058, 660.250, 660.260 and 660.300, RSMo 2000, relating to certain health care services, and to enact in lieu thereof ten new sections relating to the same subject, with penalty provisions.

Was taken up by Senator Steelman.

On motion of Senator Steelman, SCS for SB 60 was read the 3rd time and passed by the following vote:
YEAS--Senators
Bland Caskey Cauthorn Childers
DePasco Dougherty Foster Gibbons
Goode Gross House Jacob
Johnson Kenney Kinder Klarich
Klindt Loudon Mathewson Russell
Schneider Scott Sims Staples
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senator Rohrbach--1
Absent--Senators
Bentley Quick Singleton--3
Absent with leave--Senator Carter--1

The President declared the bill passed.

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

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

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

SS for SCS for SBs 323 and 230, introduced by Senator Childers, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 323 and 230

An Act to repeal sections 67.1360, 67.1775 and 210.861, RSMo 2000, relating to the collection of sales tax revenue by certain political subdivisions, and to enact in lieu thereof twenty-six new sections relating to the same subject.

Was taken up.

On motion of Senator Childers, SS for SCS for SBs 323 and 230 was read the 3rd time and passed by the following vote:
YEAS--Senators
Bland Caskey Cauthorn Childers
DePasco Dougherty Foster Gibbons
Gross House Jacob Johnson
Kenney Kinder Klarich Klindt
Mathewson Quick Rohrbach Russell
Schneider Scott Sims Staples
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senator Loudon--1
Absent--Senators
Bentley Goode Singleton--3
Absent with leave--Senator Carter--1

The President declared the bill passed.

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

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

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

SB 385, introduced by Senator Mathewson, entitled:

An Act to repeal sections 326.011, 326.012, 326.021, 326.022, 326.040, 326.050, 326.055, 326.060, 326.100, 326.110, 326.120, 326.121, 326.125, 326.130, 326.131, 326.133, 326.134, 326.151, 326.160, 326.170, 326.180, 326.190, 326.200, 326.210 and 326.230, RSMo 2000, relating to accountants, and to enact in lieu thereof twenty-seven new sections relating to the same subject, with penalty provisions.

Was taken up.

On motion of Senator Mathewson, SB 385 was read the 3rd time and passed by the following vote:
YEAS--Senators
Bland Caskey Cauthorn Childers
DePasco Dougherty Foster Goode
Gross House Johnson Kenney
Kinder Klarich Klindt Loudon
Mathewson Quick Rohrbach Russell
Schneider Scott Sims Staples
Steelman Stoll Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Bentley Gibbons Jacob Singleton--4
Absent with leave--Senator Carter--1

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

SS for SCS for SBs 214, 124, 209 and 322, introduced by Senator Gross, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 214, 124, 209 and 322

An Act to repeal sections 556.036, 566.093, 573.037, 589.400 and 589.417, RSMo 2000, relating to sex offenders, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions.

Was taken up.

On motion of Senator Gross, SS for SCS for SBs 214, 124, 209 and 322 was read the 3rd time and passed by the following vote:
YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers DePasco Dougherty Foster
Gibbons Goode Gross House
Jacob Johnson Kenney Kinder
Klarich Klindt Loudon Mathewson
Quick Rohrbach Russell Schneider
Scott Sims Staples Steelman
Stoll Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Singleton--1
Absent with leave--Senator Carter--1

The President declared the bill passed.

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

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

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

SCS for SBs 5 and 21, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 5 and 21

An Act to repeal sections 513.605, 513.607, 513.647 and 513.653, RSMo 2000, relating to the criminal activity forfeiture act, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

Was taken up by Senator Wiggins.

On motion of Senator Wiggins, SCS for SBs 5 and 21 was read the 3rd time and passed by the following vote:
YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers DePasco Dougherty Foster
Gibbons Goode Gross House
Jacob Johnson Kenney Kinder
Klarich Klindt Loudon Mathewson
Quick Rohrbach Russell Schneider
Scott Sims Staples Steelman
Stoll Westfall Wiggins--31
NAYS--Senators--None
Absent--Senators
Singleton Yeckel--2
Absent with leave--Senator Carter--1

The President declared the bill passed.

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

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

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

SS for SCS for SB 372, introduced by Senator Gibbons, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 372

An Act to amend chapter 32, RSMo 2000, by adding thereto three new sections relating to assessment and collection procedures of the department of revenue.

Was taken up.

On motion of Senator Gibbons, SS for SCS for SB 372 was read the 3rd time and passed by the following vote:
YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers DePasco Dougherty Foster
Gibbons Goode Gross House
Jacob Johnson Kenney Kinder
Klarich Klindt Loudon Mathewson
Rohrbach Russell Schneider Scott
Sims Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Quick Singleton--2
Absent with leave--Senator Carter--1

The President declared the bill passed.

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

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

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

SB 462, introduced by Senator Westfall, entitled:

An Act to repeal sections 274.060 and 409.401, RSMo 2000, and to enact in lieu thereof two new sections relating to cooperative marketing associations.

Was taken up.

On motion of Senator Westfall, SB 462 was read the 3rd time and passed by the following vote:
YEAS--Senators
Bentley Bland Caskey Cauthorn
Childers DePasco Foster Gibbons
Goode Gross House Jacob
Johnson Kenney Kinder Klarich
Klindt Loudon Mathewson Quick
Rohrbach Russell Schneider Scott
Sims Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Dougherty Singleton--2
Absent with leave--Senator Carter--1

The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

Senator Bentley moved that SB 438, with SS and SA 3 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 3 was again taken up.

At the request of Senator Foster, the above amendment was withdrawn.

Senator Foster offered SS for SS for SB 438, entitled:

SENATE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 438

An Act to repeal section 163.172, RSMo, and to enact in lieu thereof two new sections relating to elementary and secondary education.

Senator Foster moved that SS for SS for SB 438 be adopted.

Senator Kinder offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Substitute for Senate Bill No. 438, Page 10, Section 168.700, Line 28 of said page, by inserting after all said line the following:

"196.1053. The state attorney general shall have the authority to enter into an agreement with any company which manufactures, sells or promotes tobacco or tobacco products for recovery of attorneys' fees, costs and expenses contained in the master settlement agreement between the parties to the case State of Missouri ex rel. Nixon v. The American Tobacco Co., et al., pursuant to the provisions of sections 196.1053 to 196.1071.

196.1056. 1. There is hereby created in the state treasury the "Missouri Tobacco Settlement Attorney-Fee Trust Fund for Teacher Compensation".

2. The state treasurer shall deposit in the Missouri tobacco settlement attorney-fee trust fund for teacher compensation all moneys received by the state which are the proceeds of any award or settlement resulting from any and all attorneys' fees, costs and expenses paid pursuant to the settlement relating to the case of State of Missouri ex rel. Nixon v. The American Tobacco Co., et al., hereinafter referred to as "the tobacco case".

3. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys deposited in the Missouri tobacco settlement attorney-fee trust fund for teacher compensation, including any interest thereon, shall not revert to the credit of the general revenue fund at the end of the biennium.

4. The moneys deposited in the Missouri tobacco settlement attorney-fee trust fund for teacher compensation, including any interest thereon, shall not be appropriated by the general assembly until after July 1, 2002.

5. The commissioner of administration shall maintain data in an electronic format on receipts to and expenditures from the Missouri tobacco settlement attorney-fee trust fund for teacher compensation. Such data shall be updated at least quarterly, shall indicate expenditures by object type and class, and shall be available to the public on the Internet.

196.1059. 1. All persons seeking payment for legal services provided to the state in connection with litigation against any company which manufactures, sells or promotes tobacco or tobacco products shall zealously seek to obtain all attorneys' fees, costs and expenses on behalf of the state, its subcontractors, agents or assigns. All awards and settlements obtained by persons described in this section shall be deposited with the state treasurer until such time as the state provides reasonable attorneys' fees, costs and expenses.

2. Payments to special assistant attorney generals, their subcontractors, agents or assigns in connection with the litigation against any company which manufactures, sells or promotes tobacco products shall be made by the state of Missouri from the tobacco settlement attorney-fee trust fund for teacher compensation pursuant to the procedures outlined in sections 196.1050 to 196.1071.

196.1062. 1. The "Missouri Commission on Tobacco Attorney-Fee Compensation" is hereby established. The supreme court of Missouri shall provide clerical and administrative support to the commission.

2. The commission shall be composed of four members. Commission members shall be reimbursed for expenses. All members of the commission shall be members of the Missouri general assembly and shall be selected in the following manner:

(1) The speaker of the house of representatives shall select two members of the commission. The majority and minority floor leaders of the house of representatives shall each submit a list of three names to the speaker. The speaker shall select one commission member from each list. The two committee members selected shall not be members of the same political party;

(2) The president pro tem of the senate shall select two members of the commission. The majority and minority floor leaders of the senate shall each submit a list of three names to the president pro tem. The president pro tem shall select one commission member from each list. The two committee members selected shall not be members of the same political party.

3. The members shall be appointed as soon as possible after the effective date of this act.

4. No business of this committee shall be conducted without at least three members present.

5. No money shall be paid to attorneys from the tobacco settlement attorney-fee trust fund for teacher compensation without the written opinion of a majority of the members of the Missouri commission on tobacco attorney-fee compensation.

196.1065. 1. All special assistant attorney generals, subcontracting attorneys, their agents and assigns shall submit written requests for payment of attorneys' fees, costs and expenses to the commission by December 31, 2001. All payment requests for attorneys' fees, costs and expenses received after December 31, 2001, shall not be considered by the commission.

2. Attorneys submitting requests for payment shall include a copy of their contracts for legal services, evidence of the hours worked on the case, expenses incurred, the aggregate fee amount requested, and shall submit a copy of the request for payment and supporting documentation to the attorney general.

196.1067. Within thirty days after receipt of each request for payment and supporting documentation, the attorney general shall file a written recommendation with the commission stating what constitutes a reasonable fee for the attorney applicant. Any commissioner may request and any attorney applying for fee payment shall provide any work product or any other evidence relating to the attorney's fee request.

196.1068. 1. The commission shall hold at least one public hearing concerning each attorney's request for compensation. Members of the public shall be allowed to make comments and submit payment proposals for attorneys' fees, costs and expenses.

2. Attorneys shall be awarded reasonable fees, but in no event to exceed five hundred dollars per hour. The sum of all commission awards shall not exceed the amount of money payable to the Missouri tobacco settlement attorney-fee trust fund for teacher compensation resulting from any and all attorneys' fees, costs and expenses relating to the tobacco case.

3. The commission shall determine the amounts to be awarded to all attorney applicants and a payment schedule by July 1, 2002, provided, however, that any payments appropriated in any year shall not exceed the amount deposited into the tobacco settlement attorney-fee trust fund for teacher compensation in the previous fiscal year less amounts appropriated pursuant to subsection 4 of this section.

4. After July 1, 2002, all money remaining in the tobacco settlement attorney-fee trust fund for teacher compensation shall be subject to appropriation by the general assembly for education. At least one million dollars annually may be appropriated for payments pursuant to section 168.700, RSMo, and at least thirty million dollars annually may be appropriated for payments pursuant to subsection 7 of section 163.172, RSMo.

196.1069. The lead special assistant attorney general in the tobacco case and any attorneys contracted by the lead special assistant attorney general in such case shall not accept any liquidated fee from any party defendant to the tobacco case. Any application for arbitration submitted by the lead special assistant attorney general in the tobacco case shall be null and void.

196.1070. If any fully adjudicated decision of any federal or state court finds the settlement in the tobacco case to be unlawful or unenforceable on antitrust, on constitutional or any other grounds, then:

(1) The lead special assistant attorney general and any subcontracting counsel shall not receive any payments, and shall refund any payments previously received from the state;

(2) The contract entered into between the state and the lead special assistant attorney general in June, 1998, is declared null and void; and

(3) The attorney general shall apply to the general assembly for authority to appoint or contract with any special assistant attorneys general which he believes to be in the state's best interest.

196.1071. If any provisions of sections 196.1050 to 196.1070 or the application thereof to anyone or to any circumstances is held invalid, the remainder of those sections and the application of such provisions to other circumstances shall not be affected thereby.

Section B. Because of the need to establish accounting for the tobacco settlement proceeds, the enactment of sections 196.1053, 196.1056, 196.1059, 196.1062, 196.1065, 196.1067, 196.1068, 196.1069, 196.1070 and 196.1071 of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the enactment of sections 196.1053, 196.1056, 196.1059, 196.1062, 196.1065, 196.1067, 196.1068, 196.1069, 196.1070 and 196.1071 of this act shall be in full force and effect upon its passage and approval."; and

Further amend the title and enacting clause accordingly.

Senator Kinder moved that the above amendment be adopted.

Senator Kinder offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Substitute for Senate Bill No. 438, Page 10, Section 168.700, Line 28 of said page, by inserting after all said line the following:

"196.1053. The state attorney general shall have the authority to enter into an agreement with any company which manufactures, sells or promotes tobacco or tobacco products for recovery of attorneys' fees, costs and expenses contained in the master settlement agreement between the parties to the case State of Missouri ex rel. Nixon v. The American Tobacco Co., et al., pursuant to the provisions of sections 196.1053 to 196.1071.

196.1056. 1. There is hereby created in the state treasury the "Missouri Tobacco Settlement Attorney-Fee Trust Fund for Teacher Compensation".

2. The state treasurer shall deposit in the Missouri tobacco settlement attorney-fee trust fund for teacher compensation all moneys received by the state which are the proceeds of any award or settlement resulting from any and all attorneys' fees, costs and expenses paid pursuant to the settlement relating to the case of State of Missouri ex rel. Nixon v. The American Tobacco Co., et al., hereinafter referred to as "the tobacco case".

3. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys deposited in the Missouri tobacco settlement attorney-fee trust fund for teacher compensation, including any interest thereon, shall not revert to the credit of the general revenue fund at the end of the biennium.

4. The moneys deposited in the Missouri tobacco settlement attorney-fee trust fund for teacher compensation, including any interest thereon, shall not be appropriated by the general assembly until after July 1, 2002.

5. The commissioner of administration shall maintain data in an electronic format on receipts to and expenditures from the Missouri tobacco settlement attorney-fee trust fund for teacher compensation. Such data shall be updated at least quarterly, shall indicate expenditures by object type and class, and shall be available to the public on the Internet.

196.1059. 1. All persons seeking payment for legal services provided to the state in connection with litigation against any company which manufactures, sells or promotes tobacco or tobacco products shall zealously seek to obtain all attorneys' fees, costs and expenses on behalf of the state, its subcontractors, agents or assigns. All awards and settlements obtained by persons described in this section shall be deposited with the state treasurer until such time as the state provides reasonable attorneys' fees, costs and expenses.

2. Payments to special assistant attorney generals, their subcontractors, agents or assigns in connection with the litigation against any company which manufactures, sells or promotes tobacco products shall be made by the state of Missouri from the tobacco settlement attorney-fee trust fund for teacher compensation pursuant to the procedures outlined in sections 196.1050 to 196.1071.

196.1062. 1. The "Missouri Commission on Tobacco Attorney-Fee Compensation" is hereby established. The supreme court of Missouri shall provide clerical and administrative support to the commission.

2. The commission shall be composed of four members. Commission members shall be reimbursed for expenses. All members of the commission shall be members of the Missouri general assembly and shall be selected in the following manner:

(1) The speaker of the house of representatives shall select two members of the commission. The majority and minority floor leaders of the house of representatives shall each submit a list of three names to the speaker. The speaker shall select one commission member from each list. The two committee members selected shall not be members of the same political party;

(2) The president pro tem of the senate shall select two members of the commission. The majority and minority floor leaders of the senate shall each submit a list of three names to the president pro tem. The president pro tem shall select one commission member from each list. The two committee members selected shall not be members of the same political party.

3. The members shall be appointed as soon as possible after the effective date of this act.

4. No business of this committee shall be conducted without at least three members present.

5. No money shall be paid to attorneys from the tobacco settlement attorney-fee trust fund for teacher compensation without the written opinion of a majority of the members of the Missouri commission on tobacco attorney-fee compensation.

196.1065. 1. All special assistant attorney generals, subcontracting attorneys, their agents and assigns shall submit written requests for payment of attorneys' fees, costs and expenses to the commission by December 31, 2001. All payment requests for attorneys' fees, costs and expenses received after December 31, 2001, shall not be considered by the commission.

2. Attorneys submitting requests for payment shall include a copy of their contracts for legal services, evidence of the hours worked on the case, expenses incurred, the aggregate fee amount requested, and shall submit a copy of the request for payment and supporting documentation to the attorney general.

196.1067. Within thirty days after receipt of each request for payment and supporting documentation, the attorney general shall file a written recommendation with the commission stating what constitutes a reasonable fee for the attorney applicant. Any commissioner may request and any attorney applying for fee payment shall provide any work product or any other evidence relating to the attorney's fee request.

196.1068. 1. The commission shall hold at least one public hearing concerning each attorney's request for compensation. Members of the public shal1 be allowed to make comments and submit payment proposals for attorneys' fees, costs and expenses.

2. Attorneys shall be awarded reasonable fees not to exceed the arbitration amount. The sum of all commission awards shall not exceed the amount of money payable to the Missouri tobacco settlement attorney-fee trust fund for teacher compensation resulting from any and all attorneys' fees, costs and expenses relating to the tobacco case.

3. The commission shall determine the amounts to be awarded to all attorney applicants and a payment schedule by July 1, 2002, provided, however, that any payments appropriated in any year shall not exceed the amount deposited into the tobacco settlement attorney-fee trust fund for teacher compensation in the previous fiscal year less amounts appropriated pursuant to subsection 4 of this section.

4. After July 1, 2002, all money remaining in the tobacco settlement attorney-fee trust fund for teacher compensation shall be subject to appropriation by the general assembly for education. At least one million dollars annually may be appropriated for payments pursuant to section 168.700, RSMo, and at least thirty million dollars annually may be appropriated for payments pursuant to subsection 7 of section 163.172, RSMo.

196.1069. The lead special assistant attorney general in the tobacco case and any attorneys contracted by the lead special assistant attorney general in such case shall not accept any liquidated fee from any party defendant to the tobacco case. Any application for arbitration submitted by the lead special assistant attorney general in the tobacco case shall be null and void.

196.1070. If any fully adjudicated decision of any federal or state court finds the settlement in the tobacco case to be unlawful or unenforceable on antitrust, on constitutional or any other grounds, then:

(1) The lead special assistant attorney general and any subcontracting counsel shall not receive any payments, and shall refund any payments previously received from the state;

(2) The contract entered into between the state and the lead special assistant attorney general in June, 1998, is declared null and void; and

(3) The attorney general shall apply to the general assembly for authority to appoint or contract with any special assistant attorneys general which he believes to be in the state's best interest.

196.1071. If any provisions of sections 196.1050 to 196.1070 or the application thereof to anyone or to any circumstances is held invalid, the remainder of those sections and the application of such provisions to other circumstances shall not be affected thereby.

Section B. Because of the need to establish accounting for the tobacco settlement proceeds, the enactment of sections 196.1053, 196.1056, 196.1059, 196.1062, 196.1065, 196.1067, 196.1068, 196.1069, 196.1070 and 196.1071 of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the enactment of sections 196.1053, 196.1056, 196.1059, 196.1062, 196.1065, 196.1067, 196.1068, 196.1069, 196.1070 and 196.1071 of this act shall be in full force and effect upon its passage and approval."; and

Further amend the title and enacting clause accordingly.

Senator Kinder moved that the above substitute amendment be adopted.

Senator House raised the point of order that SSA 1 for SA 1 is out of order, as it is not germane to the underlying bill.

The point of order was referred to the President Pro Tem.

Senator Gibbons assumed the Chair.

President Maxwell assumed the Chair.

President Pro Tem Kinder took the pending point of order on SSA 1 for SA 1 to SS for SS for SB 438 under advisement, which placed the bill back on the Informal Calendar.

Senator Schneider was recognized to interrogate Senator Kinder.

Senator Mathewson raised the point of order that the debate between Senators Kinder and Schneider was out of order, as there was no pending issue before the body, the point of order having been taken under advisement.

The point of order was referred to the President Pro Tem, who ruled it well taken.

Senator Westfall moved that SB 247 and SB 330, with SCS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

Senator Singleton offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Bills Nos. 247 and 330, Page 9, Section 226.585, Line 6, by deleting all new language on said line through line 8. And further remove brackets on line 12 and adding period "." after word "permission" and further delete bold word "permit.".

Senator Singleton moved that the above amendment be adopted.

Senator Westfall raised the point of order that SA 4 is out of order as it attempts to amend previously amended material.

The point of order was referred to the President Pro Tem.

At the request of Senator Singleton, SA 4 was withdrawn, rendering the point of order moot.

Senator Westfall moved that SCS for SBs 247 and 330, as amended, be adopted, which motion prevailed.

On motion of Senator Westfall, SCS for SBs 247 and 330, as amended, was declared perfected and ordered printed.

Senator Caskey moved that SB 347 and SB 487, with SCS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SCS for SBs 347 and 487 was again taken up.

Senator Caskey moved that SCS for SBs 347 and 487 be adopted.

Senator Yeckel offered SS for SCS for SBs 347 and 487, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 347 AND 487

An Act to repeal section 137.100, RSMo 2000, relating to assessment and levy of property taxes, and to enact in lieu thereof four new sections relating to the same subject.

Senator Yeckel moved that SS for SCS for SBs 347 and 487 be adopted, which motion prevailed.

On motion of Senator Caskey, SS for SCS for SBs 347 and 487 was declared perfected and ordered printed.

Senator Childers moved that SB 52 and SB 91, with SCS and SA 3 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 3 was again taken up.

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

Senator Loudon offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Bills Nos. 52 and 91, Page 8, Section 301.010, Line 268, by inserting after all of said line the following:

"301.131.  1.  Any motor vehicle over twenty-five years old which is owned solely as a

collector's item and which is used and intended to be used for exhibition and educational purposes shall be permanently registered upon payment of a registration fee of twenty-five dollars.  Upon the transfer of the title to any such vehicle the registration shall be canceled and the license plates issued therefor shall be returned to the director of revenue.

2.  The owner of any such vehicle shall file an application in a form prescribed by the director, if such vehicle meets the requirements of this section, and a certificate of registration shall be issued therefor.  Such certificate need not specify the horsepower of the motor vehicle.

3.  The director shall issue to the owner of any motor vehicle registered pursuant to this section the same number of license plates which would be issued with a regular annual registration, containing the number assigned to the registration certificate issued by the director of revenue.  [Such license plates shall be kept securely attached to the motor vehicle registered hereunder.  The advisory committee established in section 301.129 shall determine the characteristic features of such license plates for vehicles registered pursuant to the provisions of this section so that they may be recognized as such, except that] Such license plates shall be made with fully reflective material with a common color scheme and design, shall be clearly visible at night, and shall be aesthetically attractive, as prescribed by section 301.130.

4.  Historic vehicles may be driven to and from repair facilities one hundred miles from the vehicle's location, and in addition may be driven up to one thousand miles per year for personal use.  The owner of the historic vehicle shall be responsible for keeping a log of the miles driven for personal use each calendar year.  Such log must be kept in the historic vehicle when the vehicle is driven on any state road.  The historic vehicle's mileage driven in an antique auto tour or event and mileage driven to and from such a tour or event shall not be considered mileage driven for the purpose of the mileage limitations in this section.  Violation of this section is a class C misdemeanor and in addition to any other penalties prescribed by law, upon conviction thereof, the director of revenue shall revoke the historic motor vehicle license plates of such violator which were issued pursuant to this section.

5.  Notwithstanding any provisions of this section to the contrary, any person possessing a license plate issued by the state of Missouri [prior to 1979] that is over twenty-five years old, in which the year of the issuance of such plate is consistent with the year of the manufacture of the vehicle, the owner of the vehicle may register such plate as [a personalized plate by following the procedures for personalized license plate registration and paying the same fees as prescribed in section 301.144] an historic vehicle plate as set forth in subsections 1 and 2 of this section, provided that the configuration of letters, numbers or combination of letters and numbers of such plate are not identical to the configuration of letters, numbers or combination of letters and numbers of any plates already issued to an owner by the director.  Such license plate shall not be required to possess the characteristic features of reflective material and common color scheme and design as prescribed in section 301.130.  The owner of the historic vehicle registered pursuant to this subsection shall keep the certificate of registration in the vehicle at all times.  The certificate of registration shall be prima facie evidence that the vehicle has been properly registered with the director and that all fees have been paid."; and

Further amend the title and enacting clause accordingly.

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

Senator Kenney offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for Senate Bills Nos. 52 and 91, Page 9, Section 304.001, Line 6, by inserting after "operational" the following: "or any motor vehicle involved in an accident whereby a law enforcement official requests such vehicle to be removed from the scene".

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

Senator Caskey offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for Senate Bills Nos. 52 and 91, Page 25, Section 307.375, Line 53, by inserting after all of said line the following:

"577.020. 1. Any person who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent to, subject to the provisions of sections 577.020 to 577.041, a chemical test or tests of the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person's blood pursuant to the following circumstances:

(1) If the person is arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was driving a motor vehicle while in an intoxicated or drugged condition; or

(2) If the person is under the age of twenty-one, has been stopped by a law enforcement officer, and the law enforcement officer has reasonable grounds to believe that such person was driving a motor vehicle with a blood alcohol content of two-hundredths of one percent or more by weight; or

(3) If the person is under the age of twenty-one, has been stopped by a law enforcement officer, and the law enforcement officer has reasonable grounds to believe that such person has committed a violation of the traffic laws of the state, or any political subdivision of the state, and such officer has reasonable grounds to believe, after making such stop, that such person has a blood alcohol content of two-hundredths of one percent or greater; [or]

(4) If the person is under the age of twenty-one, has been stopped at a sobriety checkpoint or roadblock and the law enforcement officer has reasonable grounds to believe that such person has a blood alcohol content of two-hundredths of one percent or greater[.];

(5) If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or a readily apparent serious physical injury as defined in section 565.002, RSMo, and has been arrested as evidenced by the issuance of a Uniform Traffic Ticket for the violation of any state law or county or municipal ordinance with the exception of equipment violations contained in chapter 306, RSMo, or similar provisions contained in county or municipal ordinances; or

(6) If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality.

The test shall be administered at the direction of the law enforcement officer whenever the person has been arrested or stopped for any reason.

2. The implied consent to submit to the chemical tests listed in subsection 1 of this section shall be limited to not more than two such tests arising from the same arrest, incident or charge.

3. Chemical analysis of the person's breath, blood, saliva, or urine to be considered valid pursuant to the provisions of sections 577.020 to 577.041 shall be performed according to methods approved by the state department of health by licensed medical personnel or by a person possessing a valid permit issued by the state department of health for this purpose.

4. The state department of health shall approve satisfactory techniques, devices, equipment, or methods to be considered valid pursuant to the provisions of sections 577.020 to 577.041 and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the state department of health.

5. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer.

6. Upon the request of the person who is tested, full information concerning the test shall be made available to [him] such person.

7. Any person given a chemical test of the person's breath pursuant to subsection 1 of this section or a field sobriety test may be videotaped during any such test at the direction of the law enforcement officer. Any such video recording made during the chemical test pursuant to this subsection or a field sobriety test shall be admissible as evidence at either any trial of such person for either a violation of any state law or county or municipal ordinance, or any license revocation or suspension proceeding pursuant to the provisions of chapter 302, RSMo.";and

Further amend the title and enacting clause accordingly.

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

Senator Singleton assumed the Chair.

Senator Doughtery offered SA 7, which was read:

SENATE AMENDMENT NO. 7

Amend Senate Committee Substitute for Senate Bills Nos. 52 and 91, Page 1, Section A, Line 4, by inserting after all of said line the following:

"54.247. Any city not within a county may, by ordinance, permit the city's treasurer's office to issue citations for violations of the city's moving traffic ordinances."; and

Further amend the title and enacting clause accordingly.

Senator Dougherty moved that the above amendment be adopted.

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

Senator Gross offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Committee Substitute for Senate Bills Nos. 52 and 91, Page 8, Section 301.010, Line 268, by inserting after all of said line the following:

"302.130. 1. Any person at least fifteen years of age who, except for age or lack of instruction in operating a motor vehicle, would otherwise be qualified to obtain a license pursuant to sections 302.010 to 302.340 may apply for and the director shall issue a temporary instruction permit entitling the applicant, while having such permit in the applicant's immediate possession, to drive a motor vehicle of the appropriate class upon the highways for a period of twelve months, but any such person, except when operating a motorcycle or motortricycle, must be accompanied by a licensed operator for the type of motor vehicle being operated who is actually occupying a seat beside the driver for the purpose of giving instruction in driving the motor vehicle, who is at least twenty-one years of age, and in the case of any driver under sixteen years of age, the licensed operator occupying the seat beside the driver shall be a grandparent, parent [or], guardian, a driver training instructor holding a valid driver education endorsement on a teaching certificate issued by the department of elementary and secondary education or a qualified instructor of a private drivers' education program who has a valid driver's license. Beginning January 1, 2001, an applicant for a temporary instruction permit shall successfully complete a vision test and a test of the applicant's ability to understand highway signs which regulate, warn or direct traffic and practical knowledge of the traffic laws of this state, pursuant to section 302.173. In addition, beginning January 1, 2001, no permit shall be granted pursuant to this subsection unless a parent or legal guardian gives written permission by signing the application and in so signing, state they, or their designee as set forth in subsection 2 of this section, will either provide a minimum of twenty hours of behind-the-wheel driving instruction, or ensure that the applicant completes a driver training program taught by a driver training instructor holding a valid driver education endorsement on a teaching certificate issued by the department of elementary and secondary education or by a qualified instructor of a private drivers' education program.

2. In the event the parent, grandparent or guardian of the person under sixteen years of age has a physical disability which prohibits or disqualifies said parent, grandparent or guardian from being a qualified licensed operator pursuant to this section, said parent, grandparent or guardian may designate a maximum of two individuals authorized to accompany the applicant for the purpose of giving instruction in driving the motor vehicle. An authorized designee must be a licensed operator for the type of motor vehicle being operated and have attained twenty-one years of age. At least one of the designees must occupy the seat beside the applicant while giving instruction in driving the motor vehicle. The name of the authorized designees must be provided to the department of revenue by the parent, grandparent or guardian at the time of application for the temporary instruction permit. The name of each authorized designee shall be printed on the temporary instruction permit, however, the director may delay the time at which permits are printed bearing such names until the inventories of blank permits and related forms existing on August 28, 1998, are exhausted.

3. The director, upon proper application on a form prescribed by the director, in his or her discretion, may issue a restricted instruction permit effective for a school year or more restricted period to an applicant who is enrolled in a high school driver training program taught by a driver training instructor holding a valid driver education endorsement on a teaching certificate issued by the state department of elementary and secondary education even though the applicant has not reached the age of sixteen years but has passed the age of fifteen years. Such instruction permit shall entitle the applicant, when the applicant has such permit in his or her immediate possession, to operate a motor vehicle on the highways, but only when a driver training instructor holding a valid driver education endorsement on a teaching certificate issued by the state department of elementary and secondary education is occupying a seat beside the driver.

4. The director, in his or her discretion, may issue a temporary driver's permit to an applicant who is otherwise qualified for a license permitting the applicant to operate a motor vehicle while the director is completing the director's investigation and determination of all facts relative to such applicant's rights to receive a license. Such permit must be in the applicant's immediate possession while operating a motor vehicle, and it shall be invalid when the applicant's license has been issued or for good cause has been refused.

5. A person at least fifteen years of age may operate a motor vehicle as part of a driver training program taught by a driver training instructor holding a valid driver education endorsement on a teaching certificate issued by the department of elementary and secondary education or a qualified instructor of a private drivers' education program.

6. The director may adopt rules and regulations necessary to carry out the provisions of this section.

302.178. 1. Beginning January 1, 2001, any person between the ages of sixteen and eighteen years who is qualified to obtain a license pursuant to sections 302.010 to 302.340, may apply for, and the director shall issue, an intermediate driver's license entitling the applicant, while having such license in his or her possession, to operate a motor vehicle of the appropriate class upon the highways of this state in conjunction with the requirements of this section. An intermediate driver's license shall be readily distinguishable from a license issued to those over the age of eighteen. All applicants for an intermediate driver's license shall:

(1) Successfully complete the examination required by section 302.173;

(2) Pay the fee required by subsection 3 of this section;

(3) Have had a temporary instruction permit issued pursuant to subsection 1 of section 302.130 for at least a six-month period or a valid license from another state; and

(4) Have a parent, grandparent or legal guardian sign the application stating that the applicant has either completed a driver training program taught by a driver training instructor holding a valid driver education endorsement on a teaching certificate issued by the department of elementary and secondary education, or by a qualified instructor of a private drivers' education program, or at least twenty hours of supervised driving experience under a temporary instruction permit issued pursuant to subsection 1 of section 302.130, or, if the applicant is an emancipated minor, the person over twenty-one years of age who supervised such driving. For purposes of this section, the term "emancipated minor" means a person who is at least sixteen years of age, but less than eighteen years of age, who:

(a) Marries with the consent of the legal custodial parent or legal guardian pursuant to section 451.080, RSMo;

(b) Has been declared emancipated by a court of competent jurisdiction;

(c) Enters active duty in the armed forces;

(d) Has written consent to the emancipation from the custodial parent or legal guardian; or

(e) Through employment or other means provides for such person's own food, shelter and other cost-of-living expenses;

(5) Have had no alcohol-related enforcement contacts as defined in section 302.525 during the preceding twelve months; and

(6) Have no nonalcoholic traffic convictions for which points are assessed pursuant to section 302.302, within the preceding six months.

2. An intermediate driver's license grants the licensee the same privileges to operate that classification of motor vehicle as a license issued pursuant to section 302.177, except that no person shall operate a motor vehicle on the highways of this state under such an intermediate driver's license between the hours of 1:00 a.m. and 5:00 a.m. unless accompanied by a person described in subsection 1 of section 302.130; except the licensee may operate a motor vehicle without being accompanied if the travel is to or from a school or educational program or activity, a regular place of employment or in emergency situations as defined by the director by regulation. Each intermediate driver's license shall be restricted by requiring that the driver and all passengers in the licensee's vehicle wear safety belts at all times. This safety belt restriction shall not apply to a person operating a motorcycle.

3. Notwithstanding the provisions of section 302.177 to the contrary, the fee for an intermediate driver's license shall be five dollars and such license shall be valid for a period of two years.

4. Any intermediate driver's licensee accumulating six or more points in a twelve-month period may be required to participate in and successfully complete a driver-improvement program approved by the director of the department of public safety. The driver-improvement program ordered by the director of revenue shall not be used in lieu of point assessment.

5. (1) An intermediate driver's licensee who has, for the preceding twelve-month period, had no alcohol-related enforcement contacts, as defined in section 302.525 and no traffic convictions for which points are assessed, upon reaching the age of eighteen years may apply for and receive without further examination, other than a vision test as prescribed by section 302.173, a license issued pursuant to this chapter granting full driving privileges. Such person shall pay the required fee for such license as prescribed in section 302.177.

(2) The director of revenue shall deny an application for a full driver's license until the person has had no traffic convictions for which points are assessed for a period of twelve months prior to the date of application for license or until the person is eligible to apply for a six-year driver's license as provided for in section 302.177, provided the applicant is otherwise eligible for full driving privileges. An intermediate driver's license shall expire when the licensee is eligible and receives a full driver's license as prescribed in subdivision (1) of this section.

6. No person upon reaching the age of eighteen years whose intermediate driver's license and driving privilege is denied, suspended, canceled or revoked in this state or any other state, for any reason may apply for a full driver's license until such license or driving privilege is fully reinstated. Any such person whose intermediate driver's license has been revoked pursuant to the provisions of sections 302.010 to 302.540 shall, upon receipt of reinstatement of the revocation from the director, pass the complete driver examination, apply for a new license, and pay the proper fee before again operating a motor vehicle upon the highways of this state.

7. A person shall be exempt from the intermediate licensing requirements if the person has reached the age of eighteen years and meets all other licensing requirements.

8. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, 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 August 28, 2000, shall be invalid and void."; and

Further amend the title and enacting clause accordingly.

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

Senator Westfall offered SA 9:

SENATE AMENDMENT NO. 9

Amend Senate Committee Substitute for Senate Bills Nos. 52 and 91, Page 8, Section 301.010, Line 268, by inserting after all of said line the following:

"301.041. 1. All commercial motor vehicles and trailers registered pursuant to this section or to be operated under agreements as provided for in sections 301.271 to 301.279 shall be registered annually.

2. An application for renewal registration under this section shall be made with all required documents on or before October first of each year. Renewal applications received after October first shall be assessed a penalty of one hundred dollars. The director or his designee may waive the penalty under this subsection for good cause.

3. Fees for commercial motor vehicles and trailers renewed [under] pursuant to this section shall be paid no later than December first of each year except for payments made on an installment basis as provided in subsection 4 of this section. Renewal application fees not paid by December first shall be assessed a penalty of fifty dollars per vehicle, but in no case shall such penalty exceed one hundred fifty dollars per application. The director or his designee may, for good cause, waive or reduce any penalties assessed under this subsection.

4. Any owner of a commercial motor vehicle or trailer operated [under] pursuant to this section or agreements provided in sections 301.271 to 301.279 may elect to pay the Missouri portion of the annual registration fee in two equal installments, except that no such installment shall be less than one hundred dollars. The first installment shall be payable on or before December first, and the second installment shall be payable on or before June first of that registration year. Every owner electing to pay on an installment basis shall file with the director of the department of revenue, on or before December first, a surety bond, certificate of deposit or irrevocable letter of credit as defined in section 400.5-103, RSMo, to guarantee the payment of the second installment. The bond or certificate or letter of credit shall be in an amount equal to the payment guaranteed.

5. If a new application for registration of a commercial vehicle or trailer is made other than as specified in subsection 1 of this section, the registration fee shall be prorated as follows:

(1) For applications made between April first and June thirtieth, the applicant shall pay three-fourths of the annual registration fee;

(2) For applications made between July first and September thirtieth, the applicant shall pay one-half of the annual registration fee; and

(3) For applications made after October first of the current registration year, the applicant shall pay one-fourth of the annual registration fee.

6. Any applicant who fails to timely renew his registration with all required documents [under] pursuant to this section or who fails to timely pay any fees and penalties owed under this section shall not be issued a temporary registration for a motor vehicle or a trailer issued pursuant to this section or under agreements as provided for in sections 301.271 and 301.279. Nothing in this section shall prohibit the issuance of temporary registration credentials for additions to the registrant's fleet subsequent to renewal.

7. The applicant for registration under this section shall affix the registration plate issued by the director to the front of the vehicle in accordance with the provisions of section 301.130. Any vehicle required to be registered under this section shall display the plate issued to that vehicle no later than December thirty-first of each year. Failure to display the registration plates required by this section shall constitute a class A misdemeanor.

8. The director of revenue may prescribe rules and regulations for the effective administration of this section.

9. Any current registration or plate for which all fees have been paid for a commercial trailer previously issued pursuant to agreements provided for in section 301.271 and 301.277 shall remain valid even if such agreements no longer require apportionment of such trailers under such agreements, and such trailers may continue to be registered pursuant to this section.

10. Notwithstanding any other law to the contrary, the highway reciprocity commission shall have the authority pursuant to this chapter to issue permanent and temporary registrations on commercial trailers whether or not the registration is issued pursuant to agreements as provided in sections 301.271 to 301.279. The provisions of section 301.190 shall not apply to registrations issued pursuant to this subsection, provided the carrier or person to whom the registration is issued has at least one tractor as defined in section 301.010.

11. Commercial trailer plates issued pursuant to this section shall in all other respects conform to and have the same requirements as those issued pursuant to section 301.067. Such plates may contain the legend "HRC" OR "TLR" in preference to the words "Show-Me-State".

301.121. 1. When the owner of a commercial motor vehicle registered in excess of fifty-four thousand pounds returns the license plates to the director of revenue as provided in section 301.120, but not for a license suspension or revocation, he shall receive a refund or credit of any pro rata amount to be determined by the calendar quarters remaining before expiration of the license plates. Such refund or credit shall be granted based upon the date the license plates are surrendered to the director of revenue. Any credit or refund may be applied toward any subsequent application for a Missouri registration only if a commercial motor vehicle. Any refunded portion of a registration fee which was distributed according to the provisions of article IV, section 30(b) of the Constitution of Missouri shall be refunded proportionately from state, city and county funds.

2. When the owner of a commercial motor vehicle registered in excess of fifty-four thousand pounds returns the license plate or plates to the appropriate official in the state where the license plate for the commercial motor vehicle was issued, a refund or credit shall be issued by the director of revenue as provided in subsection 1 of this section. If the refund is to come from moneys previously transferred to another state by this state as a result of a reciprocity agreement, such refund by the director of revenue may only be made upon return of such moneys from that state to the director. If such moneys are not returned by that state, such refund will not be made.

301.130. 1. The director of revenue, upon receipt of a proper application for registration, required fees and any other information which may be required by law, shall issue to the applicant a certificate of registration in such manner and form as the director of revenue may prescribe and a set of license plates, or other evidence of registration, as provided herein. Each set of license plates shall bear the name or abbreviated name of this state, the words "Show-Me State", the month and year in which the registration shall expire, and an arrangement of numbers or letters, or both, as shall be assigned from year to year by the director of revenue. Special plates for qualified disabled veterans will have the "DISABLED VETERAN" wording on the license plates in preference to the words "Show-Me State" and special plates for members of the national guard will have the "NATIONAL GUARD" wording in preference to the words "Show-Me State".

2. The arrangement of letters and numbers of license plates shall be uniform throughout each classification of registration.

3. The background of all license plates, or the letters and numerals thereof, shall be coated with a material which will reflect the lights of other vehicles. The nature and specifications of this material shall be determined after a public hearing by the director of revenue, director of prison industries, and superintendent of the state highway patrol, and shall meet the standards established by the state transportation department.

4. Figures on license plates, except those which may be used to designate gross weights for which commercial motor vehicles are registered, shall not be less than three inches in height and the strokes thereof not less than five-sixteenths of an inch in width. In the case of motorcycles and motortricycles, the letters and figures shall be not less than one inch in height and the strokes thereof one-eighth of an inch in width. The director may provide for the arrangement of the numbers in groups or otherwise, and for other distinguishing marks on the plates.

5. All property-carrying commercial motor vehicles to be registered at a gross weight in excess of twelve thousand pounds, all passenger-carrying commercial motor vehicles, local transit buses, school buses, trailers, semitrailers, motorcycles, motortricycles, motorscooters and driveaway vehicles shall be registered with the director of revenue as provided for in subsection 3 of section 301.030, but only one license plate shall be issued for each such vehicle.

6. The plates issued to manufacturers and dealers shall bear the letter "D" preceding the number, and the director may place upon the plates other letters or marks to distinguish commercial motor vehicles and trailers and other types of motor vehicles.

7. No motor vehicle or trailer shall be operated on any highway of this state unless it shall have displayed thereon the license plate or set of license plates issued by the director of revenue and authorized by section 301.140. Each such plate shall be securely fastened to the motor vehicle in a manner so that all parts thereof shall be plainly visible and reasonably clean so that the reflective qualities thereof are not impaired. License plates shall be fastened to all motor vehicles except trucks, tractors, truck tractors or truck-tractors licensed in excess of twelve thousand pounds on the front and rear of such vehicles not less than eight nor more than forty-eight inches above the ground, with the letters and numbers thereon right side up. The license plates on trailers, motorcycles, motortricycles and motorscooters shall be displayed on the rear of such vehicles, with the letters and numbers thereon right side up. The license plate on trucks, tractors, truck tractors or truck-tractors licensed in excess of twelve thousand pounds shall be displayed on the front of such vehicles not less than eight nor more than forty-eight inches above the ground, with the letters and numbers thereon right side up. The license plate or plates authorized by section 301.140, when properly attached, shall be prima facie evidence that the required fees have been paid.

8. (1) The director of revenue shall issue annually a tab or set of tabs as evidence of the annual payment of registration fees and the current registration of a vehicle in lieu of the set of plates; except that the director shall annually issue a new license plate or set of plates as provided in this section for vehicles registered pursuant to subsection 2 of section 301.277, commercial motor vehicles in excess of twelve thousand pounds, trailers, buses and dealers.

(2) The vehicle owner to whom a tab or set of tabs is issued shall affix and display such tab or tabs on the middle of the license plate, no more than one per plate.

(3) A tab or set of tabs issued by the director when attached to a vehicle in the prescribed manner shall be prima facie evidence that the registration fee for such vehicle has been paid.

(4) Except as provided in subdivision (1) of this subsection, the director of revenue shall issue plates for a period of at least five years.

(5) For those commercial motor vehicles and trailers registered pursuant to [an agreement under section 301.277] section 301.041, the plate issued by the director of revenue shall be a permanent nonexpiring license plate for which no tabs shall be issued. Nothing in this section shall relieve the owner of any vehicle permanently registered under this section from the obligation to pay the annual registration fee due for the vehicle. The permanent nonexpiring license plate shall be returned to the director of revenue upon the sale or disposal of the vehicle by the owner to whom the permanent nonexpiring license plate is issued, or the plate may be transferred to a replacement commercial motor vehicle when the owner files a supplemental application with the Missouri highway reciprocity commission for the registration of such replacement commercial motor vehicle. Upon payment of the annual registration fee, the director of revenue shall issue a certificate of registration or other suitable evidence of payment of the annual fee, and such evidence of payment shall be carried at all times in the vehicle for which it is issued.

(6) Upon the sale or disposal of any vehicle permanently registered under this section, or upon the termination of a lease of any such vehicle, the permanent nonexpiring plate issued for such vehicle shall be returned to the director and shall not be valid for operation of such vehicle, or the plate may be transferred to a replacement vehicle when the owner files a supplemental application with the Missouri highway reciprocity commission for the registration of such replacement vehicle. If a vehicle which is permanently registered under this section is sold, wrecked or otherwise disposed of, or the lease terminated, the registrant shall be given credit for any unused portion of the annual registration fee when the vehicle is replaced by the purchase or lease of another vehicle during the registration year.

9. The director of revenue may prescribe rules and regulations for the effective administration of this section. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

[301.130. 1. The director of revenue, upon receipt of a proper application for registration, required fees and any other information which may be required by law, shall issue to the applicant a certificate of registration in such manner and form as the director of revenue may prescribe and a set of license plates, or other evidence of registration, as provided in this section. Unless otherwise provided by law, each license plate or set of license plates issued, renewed or replaced on or after January 1, 1997, shall contain the following:

(1) The name or abbreviated name of this state;

(2) The words "Show-Me State";

(3) The month and year in which the registration shall expire;

(4) An arrangement of numbers or letters, or both, as shall be assigned from year to year by the director of revenue; and

(5) Fully reflective material with a common color scheme and design for each type of license plate issued under this chapter, which shall be designated by an advisory committee established in section 301.129. The license plates shall be clearly visible at night, and shall be aesthetically attractive. Except as otherwise provided in this section, in addition to all other fees required by law, applicants for registration of vehicles with license plates that expire between January 1, 1997, and December 31, 1997, applicants for registration of trailers or semitrailers with license plates that expire between January 1, 1997, and December 31, 1999, and applicants for registration of vehicles that are to be issued new license plates shall pay an additional fee of up to two dollars and twenty- five cents, based on the actual cost of the reissuance, to cover the cost of the fully reflective plates required by this subsection. Notwithstanding the provisions of subsection 3 of section 301.067 to the contrary, every license plate for a trailer or semitrailer which is permanently registered under subsection 3 of section 301.067 shall be returned to the director of revenue between January 1, 1997, and December 31, 1997, and a license plate which conforms to the provisions of this subsection issued as a replacement plate upon the payment of a one dollar and fifteen cent fee per plate prescribed by this subdivision. The additional fee, based on the actual cost, prescribed by this subdivision shall only be one dollar and fifteen cents for issuance of one new plate for vehicles requiring only one license plate pursuant to subsection 5 or 7 of this section. The additional fee of two dollars and twenty-five cents prescribed in this subsection shall not be charged to persons receiving special license plates issued under section 301.073 or 301.443. The department of revenue shall adopt a program whereby all motor vehicle registrations renewed on or after January 1, 1997, will have replacement reflective plates issued for such registration prior to January 1, 2000. Special plates for qualified disabled veterans will have the "DISABLED VETERAN" wording on the license plates in preference to the words "Show-Me State" and special plates for members of the national guard will have the "NATIONAL GUARD" wording in preference to the words "Show-Me State". Veterans' plates shall have a white background with a blue and red configuration at the discretion of the advisory committee established in section 301.129.

2. The arrangement of letters and numbers of license plates shall be uniform throughout each classification of registration.

3. The competitive bidding process used to select a vendor for the material to manufacture the license plates shall consider the aesthetic appearance of the plates and the reflective illumination capability for safety reasons. The advisory committee established in section 301.129 shall adopt specifications for all reflective material. The competitive bidding request for proposal shall contain a deduction in the amount of twenty-eight cents per plate from the cost of the reflective sheeting. The committee may select graphic designs or any of the plate processes approved on January 1, 1997.

4. Figures on license plates, except those which may be used to designate gross weights for which commercial motor vehicles are registered, shall be of a size set by the advisory committee established in section 301.129. In the case of motorcycles, motortricycles and trailers that are pulled by motorcycles or motortricycles, the letters and figures shall be of a size set by the advisory committee. The advisory committee may provide for the arrangement of the numbers in groups or otherwise, and for other distinguishing marks on the plates.

5. All property-carrying commercial motor vehicles to be registered at a gross weight in excess of twelve thousand pounds, all passenger- carrying commercial motor vehicles, local transit buses, school buses, trailers, semitrailers, motorcycles, motortricycles, motorscooters and driveaway vehicles shall be registered with the director of revenue as provided for in subsection 3 of section 301.030, but only one license plate shall be issued for each such vehicle, except as provided in this subsection. The applicant for registration of any property-carrying commercial motor vehicle to be registered at a gross weight in excess of twelve thousand pounds or passenger-carrying commercial motor vehicle may request and be issued two license plates for such vehicle, and if such plates are issued, the director of revenue may assess and collect an additional charge from the applicant in an amount not to exceed the fee prescribed for personalized license plates in subsection 1 of section 301.144.

6. The plates issued to manufacturers and dealers shall bear the letter "D" preceding the number, and the advisory committee may require the placement upon the plates other letters or marks to distinguish commercial motor vehicles and trailers and other types of motor vehicles.

7. No motor vehicle or trailer shall be operated on any highway of this state unless it shall have displayed thereon the license plate or set of license plates issued by the director of revenue and authorized by section 301.140. Each such plate shall be securely fastened to the motor vehicle in a manner so that all parts thereof shall be plainly visible and reasonably clean so that the reflective qualities thereof are not impaired. License plates shall be fastened to all motor vehicles except trucks, tractors, truck tractors or truck-tractors licensed in excess of twelve thousand pounds on the front and rear of such vehicles not less than eight nor more than forty-eight inches above the ground, with the letters and numbers thereon right side up. The license plates on trailers, motorcycles, motortricycles and motorscooters shall be displayed on the rear of such vehicles, with the letters and numbers thereon right side up. The license plate on buses, other than school buses, and on trucks, tractors, truck tractors or truck-tractors licensed in excess of twelve thousand pounds shall be displayed on the front of such vehicles not less than eight nor more than forty-eight inches above the ground, with the letters and numbers thereon right side up, or if two plates are issued for the vehicle pursuant to subsection 5 of this section, displayed in the same manner on the front and rear of such vehicles. The license plate or plates authorized by section 301.140, when properly attached, shall be prima facie evidence that the required fees have been paid.

8. (1) The director of revenue shall issue annually a tab or set of tabs as evidence of the annual payment of registration fees and the current registration of a vehicle in lieu of the set of plates.

(2) The vehicle owner to whom a tab or set of tabs is issued shall affix and display such tab or tabs in the designated area of the license plate, no more than one per plate.

(3) A tab or set of tabs issued by the director when attached to a vehicle in the prescribed manner shall be prima facie evidence that the registration fee for such vehicle has been paid.

(4) Except as provided in subdivision (1) of this subsection, the director of revenue shall issue plates for a period of at least five years.

(5) For those commercial motor vehicles registered pursuant to an agreement under section 301.277, the plate issued by the director of revenue shall be a permanent nonexpiring license plate for which no tabs shall be issued. Nothing in this section shall relieve the owner of any vehicle permanently registered under this section from the obligation to pay the annual registration fee due for the vehicle. The permanent nonexpiring license plate shall be returned to the director of revenue upon the sale or disposal of the vehicle by the owner to whom the permanent nonexpiring license plate is issued, or the plate may be transferred to a replacement commercial motor vehicle when the owner files a supplemental application with the Missouri highway reciprocity commission for the registration of such replacement commercial motor vehicle. Upon payment of the annual registration fee, the director of revenue shall issue a certificate of registration or other suitable evidence of payment of the annual fee, and such evidence of payment shall be carried at all times in the vehicle for which it is issued.

(6) Upon the sale or disposal of any vehicle permanently registered under this section, or upon the termination of a lease of any such vehicle, the permanent nonexpiring plate issued for such vehicle shall be returned to the director and shall not be valid for operation of such vehicle, or the plate may be transferred to a replacement vehicle when the owner files a supplemental application with the Missouri highway reciprocity commission for the registration of such replacement vehicle. If a vehicle which is permanently registered under this section is sold, wrecked or otherwise disposed of, or the lease terminated, the registrant shall be given credit for any unused portion of the annual registration fee when the vehicle is replaced by the purchase or lease of another vehicle during the registration year.

9. The director of revenue may prescribe rules and regulations for the effective administration of this section.

10. Any rule or portion of a rule promulgated pursuant to this section may be suspended by the joint committee on administrative rules if after hearing thereon the committee finds that such rule or portion of the rule is beyond or contrary to the statutory authority of the agency which promulgated the rule, or is inconsistent with the legislative intent of the authorizing statute. The general assembly may reinstate such rule by concurrent resolution signed by the governor.]"; and

Further amend the title and enacting clause accordingly.

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

Senator Childers offered SA 10, which was read:

SENATE AMENDMENT NO. 10

Amend Senate Committee Substitute for Senate Bills Nos. 52 and 91, Page 22, Section 304.580, Line 20, by inserting immediately after the words "two or" the following: "more".

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

Senator Caskey offered SA 11:

SENATE AMENDMENT NO. 11

Amend Senate Committee Substitute for Senate Bills Nos. 52 and 91, Page 14, Section 304.022, Line 73, by inserting after all of said line the following:

"304.035. 1. When any person driving a vehicle approaches a railroad grade crossing, the driver of the vehicle shall operate the vehicle in a manner so he will be able to stop, and he shall stop the vehicle not less than fifteen feet and not more than fifty feet from the nearest rail of the railroad track and shall not proceed until he can safely do so if:

(1) A clearly visible electric or mechanical signal device warns of the approach of a railroad train; or

(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal or warning of the approach or passage of a railroad train; or

(3) An approaching railroad train is visible and is in hazardous proximity to such crossing; or

(4) Any other traffic sign, device or any other act, rule, regulation or statute requires a vehicle to stop at a railroad grade crossing.

2. No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing when a train is approaching while such gate or barrier is closed or is being opened or closed.

3. No person shall drive a vehicle through a railroad crossing when there is not sufficient space to drive completely through the crossing.

4. No person shall drive a vehicle through a railroad crossing unless such vehicle has sufficient undercarriage clearance necessary to prevent the undercarriage of the vehicle from contacting the railroad crossing.

[3.] 5. Any person violating the provisions of this section is guilty of a class C misdemeanor."; and

Further amend the title and enacting clause accordingly.

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

Senator Childers moved that SCS for SBs 52 and 91, as amended, be adopted, which motion prevailed.

On motion of Senator Childers, SCS for SBs 52 and 91, as amended, was declared perfected and ordered printed.

Senator Kenney moved that SB 510, SB 512 and SB 133, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 510, 512 and 133, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 510, 512 and 133

An Act to repeal sections 160.400, 160.405, 160.410, 160.415, 160.420 and 167.349, RSMo 2000, relating to charter schools, and to enact in lieu thereof seven new sections relating to the same subject, with an emergency clause for a certain section.

Was taken up.

Senator Kenney moved that SCS for SBs 510, 512 and 133 be adopted.

Senator Scott offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bills Nos. 510, 512, and 133, Page 2, Section 160.400, Line 16, by adding immediately before said line the following;

"(4) The mayor of any city which contains any portion of a school district in which charter schools may be operated." and

Further amend the subsection lines accordingly and further amend said bill, section 160.405, page 5, line 42, by adding after the "." the following:

"If application for a proposed charter has been submitted to a mayor then the mayor may request an advisory opinion from the department of elementary and secondary education regarding compliance with this section. If so requested, the department of elementary and secondary education shall render said advisory opinion within 45 days unless otherwise authorized by the mayor making said request." and

Further amend said bill, same section, page 8, line 152, by adding before said line the following;

"8. If the sponsor of a charter school is a mayor, then said mayor may request the department of elementary and secondary education, any institution which is authorized to grant a charter or a four-year college or university with which the charter school is legally authorized to affiliate, to oversee the performance of the charter school pursuant to this section. The department of elementary and secondary education shall comply with said request in a timely fashion. If any institution or organization other than the department of elementary or secondary education agrees to provide services for such oversight then said institution or organization shall comply with all applicable laws to be a sponsor in addition to other agreed to terms and conditions."; and

Further amend the subsection numbers accordingly.

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

At the request of Senator Kenney, SB 510, SB 512, and SB 133, with SCS, as amended (pending), were placed on the Informal Calendar.

RESOLUTIONS

Senator Mathewson offered Senate Resolution No. 541, regarding the Twenty-fifth Wedding Anniversary of State Representative and Mrs. Gary Wiggins, New Cambria, which was adopted.

COMMUNICATIONS

President Pro Tem Kinder submitted the following:

April 9, 2001

Ms. Terry Spieler

Secretary of the Senate

State Capitol

Jefferson City, MO 65101

Dear Ms. Spieler:

Please be advised that I am hereby appointing Senator Mike Gibbons to serve on the Board of Directors of the Missouri Technology Corporation (RSMo 348.256).

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro Tem

INTRODUCTIONS OF GUESTS

Senator Klarich introduced to the Senate, Tyler and Jacob Dazey and Justin and Kyle Russavage, Homeschoolers from St. Clair; and Tyler, Jacob, Justin and Kyle were made honorary pages.

Senator Cauthorn introduced to the Senate, Nancy Early and Candy Parker, Mexico.

Senator Bentley introduced to the Senate, Crystal Emel and Charles Jensen, Springfield.

On behalf of Senators Dougherty and Kinder, the President introduced to the Senate, former State Senator, Congressman William L. Clay, Jr., St. Louis.

Senator Klarich introduced to the Senate, twenty-four fourth grade students from Linda Vista School, Chesterfield.

Senator Steelman introduced to the Senate, Dawn and Bryan Scheiderer, Rolla.

Senator Cauthorn introduced to the Senate, Michael Klein and Lieutenant Ron Key, Hannibal.

Senator Klindt introduced to the Senate, teachers and seventeen third and fourth grade students from Newtown Harris R-III School, Newtown.

Senator Gibbons introduced to the Senate, parents, teachers and one hundred fifth grade students from Barretts School, St. Louis County; and Austin Portman, Ali Yeck, Danny Heagney, Tim Allen, Lindsay Harper, Crystal Ellison, Paul Dalba and Shanai Thedford were made honorary pages.

Senator Childers introduced to the Senate, students from Cassville Schools, Cassville.

Senator Gross introduced to the Senate, his wife, Leslie, and their daughters, Megan and Madelynn; Robin, Kyle and Shannon Stross; John, Anna and Bailey Trask; Jean, Lauren and Erin Bondy; Stephanie, Nichole and Joshua Finke; and Bill and Sarah Dunham; and fourth grade students from Null Elementary School, St. Charles; and Megan, Madelynn, Kyle, Shannon, Anna, Bailey, Lauren, Erin, Nichole, Joshua and Sarah were made honorary pages.

Senator Caskey introduced to the Senate, Michelle Hough, Butler High School; Michael Norton, Rich Hill High School; Rachel Morgan, Miami High School; Katie Jones, Ballard High School; Maria Burhart, Adrian High School; and Derek Clark, Hume High School; and Michelle, Michael, Rachel, Katie, Maria and Derek were made honorary pages.

Senator Russell introduced to the Senate, Marsha Mackie, Mary Jane Mottesheard and members of the Sophomore Pilgrimage from Marshfield; and Maggie Gann and Melissa Yahn were made honorary pages.

Senator Staples introduced to the Senate, Leanne Turner, Betty Morris and Billie Rae Mooney, Thayer; Heather Dillsaver, Koshkonong; and Chrissi Strickland, Couch; and Leanne, Heather and Chrissi were made honorary pages.

Senator Wiggins introduced to the Senate, Mrs. Kay Caskey, Butler.

Senator Kenney introduced to the Senate, Bill Bennet, Jim and Marcy Carter, Russ and Dorothy Liggitt, Harold Hendrick, John Gerringer, Jim and Sandi Savage, Prentis and Jo Ellen Woods, Alfonso Webb, Doyle Snead, Jerry Rich, John Thomas, Paul Lamezk, Brad Young, Jeff Oswald, Joe Barnes, Erma Stodgedill, Penny Garrison, Barb Cooper and Bill Federer, representatives of Vision America.



Senator Westfall introduced to the Senate, thirty cadets representing the Show Me Challenge Program sponsored by the Nevada National Guard.

Senator Childers introduced to the Senate, Jared Corn, Cassville High School, Cassville; and Jared was made an honorary page.



Senator Sims introduced to the Senate, the Physician of the Day, Dr. Joseph Hanaway, M.D., St. Louis.

On motion of Senator Kenney, the Senate adjourned under the rules.

SENATE CALENDAR

______



FIFTY-FOURTH DAY-WEDNESDAY, APRIL 11, 2001

______



FORMAL CALENDAR



THIRD READING OF SENATE BILLS

SCS for SBs 69 & 458-Gross

(In Budget Control)

SB 428-Loudon

SS#2 for SCS for SBs

22 & 106-Singleton



SS for SCS for SB 351-

Singleton

SS for SCS for SBs 433

& 248-Kinder and Gross SENATE BILLS FOR PERFECTION

1. SJR 11-Yeckel

2. SBs 551, 410, 539, 528

& 296-Sims, with SCS

3. SBs 476, 427 & 62-

Yeckel, et al, with SCS

4. SB 369-Steelman and

Stoll, with SCS

5. SB 505-Loudon, with SCS

6. SB 578-Goode and

Russell, with SCS

7. SBs 448 & 588-Sims,

et al, with SCS

8. SB 535-Rohrbach, with

SCS

9. SB 66-Gibbons, with

SCS#2

10. SB 525-Cauthorn, with SCS

11. SB 242-Kenney

12. SB 225-Mathewson,

with SCS

13. SB 180-Klarich

14. SB 583-Yeckel

15. SB 488-Klindt, et al,

with SCS

16. SB 387-Goode, et al,

with SCS

17. SB 455-Kinder, et al,

with SCS

18. SBs 334 & 228-Kinder,

with SCS

19. SB 469-Gross, et al

20. SB 546-Kenney, et al,

with SCS

21. SB 337-House and Kinder

22. SB 593-Klindt, with SCS

23. SB 509-Cauthorn and Klindt



24. SBs 42 & 108-Kenney, with SCS

25. SB 565-Staples INFORMAL CALENDAR



SENATE BILLS FOR PERFECTION

SB 27-Johnson and

Westfall, with SCS, SS

for SCS & SA 1 (pending)

SB 65-Gibbons, with SCS

SBs 67 & 40-Gross, with SCS

SB 68-Gross and House

SB 99-Sims, with SCS

SB 114-Loudon, with SCS,

SS for SCS & SA 1

(pending)

SB 184-Johnson, et al,

with SS#2 (pending)

SB 222-Caskey, with SA 3

& SSA 1 for SA 3

(pending)

SB 226-Goode, et al, with SCS

SBs 238 & 250-Staples, et

al, with SCS (pending)

SB 239-Stoll, with SCS &

SA 11 (pending)

SB 251-Kinder

SBs 253 & 260-Gross, with

SCS (pending)

SB 331-DePasco, et al,

with SCS & SS for SCS

(pending)



SB 373-Gibbons and Yeckel,

with SCS

SB 375-Steelman, with SCS,

SS for SCS, SA 1 &

SSA 3 for SA 1 (pending)

SBs 391 & 395-Rohrbach,

with SCS & SS for SCS

(pending)

SB 438-Bentley and Stoll,

with SS, SS for SS,

SA 1, SSA 1 for SA 1 &

point of order (pending)

SB 445-Singleton, with

SCS & SS for SCS

(pending)

SB 454-Kinder, with SCS

SBs 459, 305, 396 & 450-

Westfall, with SCS &

SS for SCS (pending)

SBs 510, 512 & 133-Kenney,

with SCS (pending)

SJRs 1 & 4-Schneider,

with SCS CONSENT CALENDAR



Senate Bills



Reported 2/5



SB 143-Childers



Reported 2/19





SB 315-Childers, with SCS



Reported 3/5



SB 354-Johnson and Scott,

with SCS



Reported 3/12



SB 526-Dougherty, with

SCS





House Bills



Reported 4/10

HB 664-Skaggs

HB 491-George, with SCS

(Goode)

HB 236-Smith, with SCS

(Caskey)

HB 266-Treadway (Gross)

HB 745-Farnen (Mathewson)

HB 180-Thompson, et al

(Sims)



HB 129-Van Zandt and

Campbell

HB 48-Relford (Mathewson)

HB 801-Liese and Wagner,

with SCS

HB 218-Farnen, et al

(Kenney) BILLS IN CONFERENCE AND BILLS

CARRYING REQUEST MESSAGES



In Conference



HCS for HB 15, with SCS

(Russell)





RESOLUTIONS

SR 58-Singleton

SR 345-Quick, et al

SR 346-Kinder, with SA 3 &

SSA 1 for SA 3 (pending) Reported from Committee

SCR 8-Caskey, with SA 2

(pending)

SCR 17-Steelman, et al



HCR 16-Green and Holt

(House)

SR 495-Klarich, with SCS

Requests to Recede or Grant Conference



SS for SCR 2-Singleton,

with HCS

(Senate requests House

recede or grant conference)