Journal of the Senate

FIRST REGULAR SESSION


THIRTY-EIGHTH DAY--WEDNESDAY, MARCH 19, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, Oliver Wendell Holmes said, "Many people die with their music still in them." Lord, You know our potential, You know what we can do and You know what is best for us to do. Help us to live up to our potential. Don't let us die with our music still in us. In Jesus Name we pray. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal of the previous day was read and approved.

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

Present--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Absent with leave--Senators--Curls--1
The Lieutenant Governor was present.

THIRD READING OF SENATE BILLS

     SB 240, with SCA 1, introduced by Senator Lybyer, entitled:

     An Act to repeal section 33.120, RSMo 1994, relating to claims and warrants, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     SCA 1 was taken up.

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

     On motion of Senator Lybyer, SB 240, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
BanksBentleyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--Caskey--1
Absent--Senators--None
Absent with leave--Senators--Curls--1

     The President Pro Tem declared the bill passed.

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

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

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

     SB 309, introduced by Senators Johnson and Scott, entitled:

     An Act to repeal section 169.712, RSMo 1994, and sections 169.010, 169.040, 169.050, 169.070, 169.075, 169.600, 169.620, 169.630, 169.660 and 169.670, RSMo Supp. 1996, relating to certain school retirement systems, and to enact in lieu thereof eleven new sections relating to the same subject.

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

     On motion of Senator Johnson, SB 309 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--Schneider--1
Absent with leave--Senators--Curls--1

     The President Pro Tem declared the bill passed.

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

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

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

     President Wilson assumed the Chair.

     SB 289, introduced by Senator Goode, entitled:

     An Act to amend chapter 386, RSMo, by adding one new section relating to the metropolitan sewer district.

     Was called from the Consent Calendar and taken up.

     Senator Goode moved that SB 289 be read the 3rd time and finally passed.

     At the request of Senator Goode, the motion to 3rd read and pass SB 289 was withdrawn.

     Senator Quick announced that photographers from the Senate and KOMU-TV had been given permission to take pictures in the Senate Chamber today.

RESOLUTIONS

     Senator Rohrbach offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 395

     WHEREAS, the members of the Missouri Senate, on certain auspicious occasions, feel it is incumbent on them to honor members of their staff with whom they have the mixed blessing of working with daily; and

     WHEREAS, one such staff member has graced the Senate with her presence for some twenty-two years, having been hired by the current Senate Administrator in a moment of temporary mental instability in the summer of 1975; and

     WHEREAS, this staffer worked in the printing and mailing department for several years where she demonstrated her machine operation acumen by getting her hair caught in the mailing machine; and

     WHEREAS, she set for all of us a new standard of frugality when she coerced one of the custodial staff to retrieve two quarters she had accidentally dropped in a bathroom stool; and

     WHEREAS, she was a danger to herself in the print shop, she was promoted to secretary for the administrator where her job performance was such, he begged that she be elected Secretary of the Senate when that position became open; and

     WHEREAS, every Pro Tem since has suffered from her withering stares and whispered remonstrances when he has deviated from what she considers proper parliamentary practice; and

     WHEREAS, the secretary has now achieved forty years of age and is preparing for her descent into the indignities and oscillations of middle age;

     NOW, THEREFORE, BE IT RESOLVED that we the members of the Missouri Senate, Eighty-ninth General Assembly, wish Terry Spieler a joyous birthday and express our gratitude to her for the outstanding contributions she has made to the Senate and to the people of Missouri; and

     BE IT FURTHER RESOLVED that a properly inscribed copy of this resolution be prepared for Terry Spieler, as a mark of our esteem for her.

     Senator Rohrbach offered Senate Resolution No. 396, regarding Mr. Howard K. Mantle, Jefferson City, which was adopted.

SENATE BILLS FOR PERFECTION

     Senator Mathewson moved that SB 165, with SCS, SS for SCS and SA 8 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     President Pro Tem McKenna resumed the Chair.

     SA 8 was again taken up.

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

     Senator Rohrbach offered SA 9, which was read:

SENATE AMENDMENT NO. 9

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Page 63, Section 10, Line 9, by adding at the end of said line the following: "in which instance the obligation shall be a general obligation of the district only.".

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

     Senator Rohrbach offered SA 10, which was read:

SENATE AMENDMENT NO. 10

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Pages 69 and 70, Section 15, by deleting all of said section; and

     Further amend said bill, Section 17, page 71, lines 25 and 26 of said page, by deleting all of said lines; and inserting in lieu thereof "Section 17"; and

     Further amend said bill, page 73, Section 18, line 3 of said page, by deleting the words "a sales tax," on said line; and

     Further amend said bill, page and section, lines 7 and 16 of said page, by deleting on said lines the words "sales tax or"; and

     Further amend the title and enacting clause accordingly.

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

     Senator Goode offered SA 11, which was read:

SENATE AMENDMENT NO. 11

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Page 21, Section 135.500, Lines 12-14, by striking all of said lines and inserting in lieu thereof the following:

     "(8) "Investor", any insurance company that contributes cash;"; and

     Further amend said bill, page 26, Section 135.508, lines 8-10, by striking all of said lines and inserting in lieu thereof the following: "business in Missouri shall]".

     Senator Goode moved that the above amendment be adopted.

     At the request of Senator Mathewson, SB 165, with SCS, SS for SCS and SA 11 (pending), was placed on the Informal Calendar.

     On motion of Senator Quick, the Senate recessed until 3:00 p.m.

RECESS

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

RESOLUTIONS

     Senator Lybyer offered Senate Resolution No. 397, regarding Mr. Robert W. Bax, which was adopted.

     Senator Graves offered Senate Resolution No. 398, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. J. J. Harbstreit, Cameron, which was adopted.

     Senator Graves offered Senate Resolution No. 399, regarding the One Hundred Fifth Birthday of Mrs. Alta Dewyre, Tarkio, which was adopted.

     Senator Graves offered Senate Resolution No. 400, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Ralph Veale, King City, which was adopted.

     Senator Graves offered Senate Resolution No. 401, regarding the Ninety-fifth Birthday of Elva J. Wallace, which was adopted.

     Senator Graves offered Senate Resolution No. 402, regarding Mrs. Erika Mandler, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 403, regarding Mr. Jack Ostmann, St. Charles, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 404, regarding Mr. Ed Shrum, St. Charles, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 405, regarding Martha Terrill, St. Louis, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 406, regarding John Lorenson, St. Charles, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 407, regarding Brian Kos, St. Charles, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 408, regarding Mark Vollmar, St. Charles, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 409, regarding Scott Bray, St. Charles, which was adopted.

SENATE BILLS FOR PERFECTION

     Senator Mathewson moved that SB 165, with SCS, SS for SCS and SA 11 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 11 was again taken up.

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

     Senator Sims offered SA 12:

SENATE AMENDMENT NO. 12

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Page 77, Section 18, Line 2, by adding after said line the following:

     "Section 19. 1. There is hereby created within the department of economic development the "Commission on State Natural Resource and Growth Analysis", hereinafter referred to as the "commission".

     2. The purposes of the commission shall be to gather information on the effects of rapid population growth and development patterns on traffic congestion, infrastructure needs and costs, water and air pollution, loss of agriculture lands, open spaces, and woodlands, and the quality of life in rapidly growing areas of the state, including rural areas.

     3. The commission shall be composed of nine members, as follows:

     (1) Two state representatives, one from each party, to be appointed by the speaker of the house of representatives;

     (2) Two state senators, one from each party, to be appointed by the president pro tem of the senate;

     (3) Two municipal or county planning officers or commissioners, one from each party, to be appointed by the governor; and

     (4) Three members of the general public, with no more than two of the same party and with a general knowledge or concern about natural resources and growth impacts, to be appointed by the governor.

     4. The members of the commission shall be appointed by January 1, 1998.

     5. Any vacancy on the commission shall be filled in the same manner as the original appointment.

     6. The commission shall have the following duties:

     (1) To conduct a series of six hearings around the state in areas experiencing rapid population growth;

     (2) To gather information on and contract, if necessary, for further research studies regarding but not limited to those issues in subsection 2 of this section;

     (3) To obtain and study reports on similar efforts in other states;

     (4) To solicit comments from local governmental planning agencies and development offices, public service providers, building and development interests, agricultural interests, and conservation and environmental organizations;

     (5) To consult with the departments of agriculture, economic development, natural resources, and conservation, and any other governmental agency with interest and involvement in the issues described in subsection 2 of this section; and

     (6) To solicit comments from the general public.

     7. The commission shall report its findings, with recommendations for state policies and programs to address problems noted, to the governor and the general assembly by July 1, 1999.

     8. The department of economic development shall provide clerical staff for the clerical needs of the commission until the commission is dissolved pursuant to subsection 8 of this section.

     9. The commission shall be dissolved immediately upon completion of its report pursuant to subsection 7 of this section."; and

     Further amend the title and enacting clause accordingly.

     Senator Sims moved that the above amendment be adopted.

     Senator Rohrbach offered SA 1 to SA 12, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 12

     Amend Senate Amendment No. 12 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Page 1, Section 19, Line 17 of said section, by deleting on said lines the words "or concern"; and further amend amendment 12, page 2, Section 19, lines 9, 10 and 11 of page 2, by deleting all of said lines and inserting in lieu thereof the words "to solicit comments from people who live in Missouri".

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

     SA 12, as amended, was again taken up.

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

     Senator Banks offered SA 13, which was read:

SENATE AMENDMENT NO. 13

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Page 77, Section 18, Line 2, by inserting immediately after said line the following:

     "Section 19. In addition to the number of enterprise zones authorized under the provisions of sections 135.206, 135.208, 135.210 and 135.256, the department of economic development shall designate one such zone in any city not within a county if such area which is to be included in the enterprise zone meets all the requirements of section 135.205."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Childers offered SA 14, which was read:

SENATE AMENDMENT NO. 14

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Page 58, Section 7, Line 10, by adding after the word "place" the following "except in any county or counties of the third classification individual districts may join by agreement to promote tourism".

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

     Senator Mathewson moved that SS for SCS for SB 165, as amended, be adopted, which motion prevailed.

     On motion of Senator Mathewson, SS for SCS for SB 165, as amended, was declared perfected and ordered printed.

     Senator Maxwell moved that SB 202, SB 23 and SB 183, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

     SCS for SBs 202, 23 and 183, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 202, 23 and 183

     An Act to repeal sections 96.230, 96.240, 96.250, 96.260, 96.270, 96.280, 96.290, 205.590, 205.600, 205.610, 205.620, 205.640, 205.650, 205.660, 205.670, 205.680, 205.690, 205.700, 205.710, 205.720, 205.730, 205.740, 205.750, 205.760, 205.765, 205.766, 205.767, 205.769, 205.770, 205.780, 205.790, 205.820, 205.830, 205.840, 205.850, 205.860, 205.870, 205.880, 205.890, 205.900, 205.910, 205.920, 205.930, 205.940, 205.950, 207.010, 208.010, 208.015, 208.040, 208.041, 208.042, 208.043, 208.044, 208.047, 208.048, 208.050, 208.060, 208.075, 208.080, 208.120, 208.150, 208.160, 208.170, 208.180, 208.182, 208.325, 208.337, 208.339, 208.342, 208.345, 208.400, 208.405, 208.410, 208.415, 208.500, 208.503, 473.399 and 660.016, RSMo 1994, and sections 135.240 and 208.151, RSMo Supp. 1996, relating to public health and welfare, and to enact in lieu thereof fifty new sections relating to the same subject.

     Was taken up.

     Senator Maxwell moved that SCS for SBs 202, 23 and 183 be adopted.

     Senator Maxwell offered SS for SCS for SBs 202, 23 and 183, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 202, 23 & 183

     An Act to repeal sections 96.230, 96.240, 96.250, 96.260, 96.270, 96.280, 96.290, 161.193, 205.590, 205.600, 205.610, 205.620, 205.640, 205.650, 205.660, 205.670, 205.680, 205.690, 205.700, 205.710, 205.720, 205.730, 205.740, 205.750, 205.760, 205.765, 205.766, 205.767, 205.769, 205.770, 205.780, 205.790, 205.820, 205.830, 205.840, 205.850, 205.860, 205.870, 205.880, 205.890, 205.900, 205.910, 205.920, 205.930, 205.940, 205.950, 207.010, 207.090, 208.010, 208.015, 208.040, 208.041, 208.042, 208.043, 208.044, 208.047, 208.048, 208.050, 208.060, 208.075, 208.080, 208.120, 208.150, 208.160, 208.170, 208.180, 208.182, 208.325, 208.337, 208.339, 208.342, 208.345, 208.400, 208.405, 208.410, 208.415, 208.500, 208.503, 208.505, 473.399, 620.481, 620.521, 620.523, 620.527, 620.528, 620.529, 620.537 and 660.016, RSMo 1994, and sections 135.240, 208.151 and 620.530, RSMo Supp. 1996, relating to public health and welfare, and to enact in lieu thereof fifty-five new sections relating to the same subject.

     Senator Maxwell moved that SS for SCS for SBs 202, 23 and 183 be adopted.

     Senator Johnson assumed the Chair.

     Senator Quick assumed the Chair.

     Senator Mathewson offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 40, Section 29, by striking all of said section and inserting the following:

     "Section 29. 1. There is hereby established in each office of the Department of Social Services which takes applications for work first assistance or joint office when co-located with another agency, a direct placement program. The department shall identify which case worker or case managers will participate in the program. Participation shall be voluntary. The case workers and case managers together with the office director or designee, shall identify employers or job vacancies which recipients may be referred to for interviews and possible employment.

     2. Each self sufficiency pact shall identify a time when the recipient will be referred to the direct placement program. Any recipient referred to the direct placement program who refuses to go for or does not attend an interview established by a case worker or manager, or who refuses to accept a job offered by an employer, with out good cause, shall be sanctioned according to the provisions of subsection 3 of section 25.

     3. Each case worker participating in the direct placement program shall be eligible for a bonus plan, hereby established. The provisions of chapter 36 to the contrary not withstanding, each participating employee shall, subject to appropriations, receive a bonus of one hundred dollars for each successful recipient above the base rate. The maximum bonus paid during any fiscal year shall be two thousand dollars. The bonus shall be paid twice a year. The base rate shall be equal to twenty five percent of the TANF cash recipients in the eligible employees average monthly case load over the previous twelve months but not less than ten. Successful recipients shall be those recipients of work first assistants who are employed at least thirty hours a week and have retained such employment for at least six months. The department may establish additional requirements relating employee eligibility or measuring successful recipients, deemed necessary for successful operation of the bonus plan. The department shall request suggestions about the bonus plan from, but not limited to, employees, appropriate union associations or other associations such as the National Eligibility Association and the County Directors Association. The provisions of this subsection shall sunset sixty months following the effective date of this act.".

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

     Senator Johnson resumed the Chair.

     Senator Maxwell offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 29, Section 21, Line 18 of said page, by inserting at the end of said line the following: "Good cause exceptions to this requirement may be made by the department if there is substantial evidence that the action of the parent or caretaker presents a probability of serious harm to the parent or caretaker.".

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

     Senator Maxwell offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 9, Section 3, Line 14 of said page, by inserting immediately after the word "effort" the following: "fund or Missouri families work program fund"; and further amend line 15, by striking the word "fund"; and further amend line 19, by inserting immediately after "payment," the following: "primary housing payment or rent, utilities payment,"; and further amend line 22, by striking the following: "one time use per adult recipient" and inserting in lieu thereof the following: "non-reoccurring payment".

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

     Senator Klarich offered SA 4, which was read:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 47, Section 208.010, Line 22, by adding at the end thereof, the following:

     "In determining the eligibility of a claimant pursuant to this section, the Division of Family Services shall make all appropriate inquiries with the division of Employment Security, Department of Revenue and other such agencies and divisions prior to the issuance of such public assistance benefits. Should benefits be awarded on a temporary or emergency basis, such eligibility for benefits shall be terminated within thirty (30) days unless the determining division has reverified and substantiated a continued need.".

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

     Senator Mathewson assumed the Chair.

     Senator Johnson resumed the Chair.

     Senator Goode offered SA 5:

SENATE AMENDMENT NO. 5

     Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 94, Section 208.345, Line 17 of said page, by inserting immediately after said line the following:

     "210.221. 1. The department of health shall have the following powers and duties:

     (1) After inspection, to grant licenses to persons to operate child care facilities if satisfied as to the good character and intent of the applicant and that such applicant is qualified and equipped to render care or service conducive to the welfare of children, and to renew the same when expired. No license shall be granted for a term exceeding two years. Each license shall specify the kind of child care services the licensee is authorized to perform, the number of children that can be received or maintained, and their ages and sex;

     (2) To inspect the conditions of the homes and other places in which the applicant operates a child care facility, inspect their books and records, premises and children being served, examine their officers and agents, [and] deny, suspend [or] revoke or place on probation the license of such persons as fail to obey the provisions of sections 210.201 to 210.245 [or], the rules and regulations made by the department of health. The director also may revoke or suspend a license when the licensee has failed to renew or has surrendered the license;

     (3) To promulgate and issue rules and regulations the department deems necessary or proper in order to establish standards of service and care to be rendered by such licensees to children. No rule or regulation promulgated by the division shall in any manner restrict or interfere with any religious instruction, philosophies or ministries provided by the facility and shall not apply to facilities operated by religious organizations which are not required to be licensed; and

     (4) To determine what records shall be kept by such persons and the form thereof, and the methods to be used in keeping such records, and to require reports to be made to the department at regular intervals.

     2. Any child care facility may request a variance from a rule or regulation promulgated pursuant to this section. The request for a variance shall be made in writing to the department of health and shall include the reasons the facility is requesting the variance. The department shall approve any variance request that does not endanger the health or safety of the children served by the facility. The burden of proof at any appeal of a disapproval of a variance application shall be with the department of health. Local inspectors may grant a variance, subject to approval by the department of health.

     3. The department shall deny, suspend or revoke a license if it receives official notice that the license is prohibited by any local law related to the health and safety of children in child care as determined by local authorities.

     [3.] 4. No rule or portion of a rule promulgated under the authority of sections 210.201 to 210.245 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     210.245. 1. Any person who violates any provision of sections 210.201 to 210.245, or who for himself or for any other person makes materially false statements in order to obtain a license or the renewal thereof under sections 210.201 to 210.245, shall be guilty of an infraction for the first offense and shall be assessed a fine not to exceed two hundred dollars and shall be guilty of a class A misdemeanor for subsequent offenses. In case such guilty person is a corporation, association, institution or society, the officers thereof who participate in such misdemeanor shall be subject to the penalties provided by law.

     2. If the department of health proposes to deny, suspend or revoke a license, the department of health shall serve upon the applicant or licensee written notice of the proposed action to be taken. The notice shall contain a statement of the type of action proposed; the basis for it; the date the action will go into effect; and a statement that the applicant or licensee shall have thirty days to request in writing a hearing before the administrative hearing commission. If no written request for a hearing is received by the department of health within thirty days of the applicant or licensee's receipt of the notice, the proposed discipline shall take effect thirty-one days from the date the original notice was received by the applicant or licensee. If the applicant or licensee makes a written request for a hearing, the department of health shall file a complaint with the administrative hearing commission within ninety days of receipt of the request for a hearing. The complaint shall comply with the laws and regulations for actions brought before the administrative hearing commission.

     3. The department of health may issue letters of censure or warning and may place a license on probation without formal notice or hearing.

     4. The department of health may suspend any license simultaneously with action taken in subsection 2 of section 210.245, if the department of health finds that there is a threat of imminent bodily harm to the children in care. The notice of suspension shall include the basis of the suspension and the appeal rights of the licensee. The licensee may appeal the decision to suspend the license to the department of health. The appeal must be filed within ten days from the receipt of the notice of appeal. A hearing shall be conducted by the department of health within ten days from the date the appeal is filed. The suspension shall continue in effect until the conclusion of the proceedings, including review thereof, unless sooner withdrawn by the department of health, dissolved by a court of competent jurisdiction or stayed by the administrative hearing commission.

     [2.] 5. In addition to initiating proceedings under subsection 1 of this section, or in lieu thereof, the prosecuting attorney of the county where the child care facility is located may file suit for a preliminary and permanent order overseeing or preventing the operation of a child care facility or the department may request that the attorney general seek an injunction to prevent the operation of the facility for violating any provision of sections 210.201 to 210.245. The order shall remain in force until such a time as the court determines that the child care facility is in substantial compliance. [If the prosecuting attorney refuses to act or fails to act within thirty days of receipt of notice from the department of health, the department of health may request that the attorney general seek an injunction of the operation of such child care facility.]

     [3.] 6. In cases of imminent bodily harm to children in the care of a child care facility, the department may file suit in the circuit court of the county in which the child care facility is located for injunctive relief, which may include removing the children from the facility, overseeing the operation of the facility or closing the facility.

     210.252. 1. All buildings and premises used by a child care facility to care for more than four children except those exempted from the licensing provisions of the department of health pursuant to subdivisions (1) [to], (2), (3), (4) and (6) of section 210.211, shall be inspected annually for fire and safety by the state fire marshal, his designee or officials of a local fire district and for health and sanitation by the department of health or officials of the local health department. Evidence of compliance with the inspections required by this section shall be kept on file and available to parents of children enrolling in the child care facility.

     2. Local inspection of child care facilities may be accomplished if the standards employed by local personnel are substantially equivalent to state standards and local personnel are available for enforcement of such standards.

     3. Any child care facility may request a variance from a rule or regulation promulgated pursuant to this section. The request for a variance shall be made in writing to the department of health and shall include the reasons the facility is requesting the variance. The department shall approve any variance request that does not endanger the health or safety of the children served by the facility. The burden of proof at any appeal of a disapproval of a variance application shall be with the department of health. Local inspectors may grant a variance, subject to approval by the department.

     4. The department of health shall administer the provisions of sections 210.252 to 210.256, with the cooperation of the state fire marshal, local fire departments and local health agencies.

     5. The department of health shall promulgate rules and regulations to implement and administer the provisions of sections 210.252 to 210.256. Such rules and regulations shall provide for the protection of children in all child care facilities whether or not such facility is subject to the licensing provisions of sections 210.201 to 210.245.

     210.256. 1. Any person who violates any provision of sections 210.252 to 210.255, or who for himself or for any other person makes a materially false statement in the notice of parental responsibility required by sections 210.254 and 210.255, shall be guilty of an infraction for the first offense and shall be assessed a fine not to exceed two hundred dollars and shall be guilty of a class A misdemeanor for subsequent offenses. In case such guilty person is a corporation, association, institution, or society, the officers thereof who participate in such violation shall be subject to the same penalties.

     2. In addition to initiating proceedings under subsection 1 of this section, or in lieu thereof, the prosecuting attorney of the county where the child care facility is located may file suit for a preliminary and permanent order overseeing or preventing the operation of a child care facility [for violating any provision of section 210.252] or the department may request that the attorney general seek an injunction to prevent the operation of the child care facility for violating any provision of sections 210.252 to 210.259 or the rules promulgated by the department. The injunction shall remain in force until such a time as the court determines that the child care facility is in substantial compliance.

     3. In cases of imminent bodily harm to children in the care of a child care facility, the department of health may apply to the circuit court of the county in which the child care facility is located for injunctive relief, which may include removing the children from the facility, overseeing the operation of the facility or closing the facility."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Maxwell offered SA 6:

SENATE AMENDMENT NO. 6

     Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 202, 23 & 183, Page 5, Section 1, Lines 6-28, of said page, by striking all of said lines; and further amend said section, Page 6, Lines 1-10, by striking all of said lines and inserting in lieu thereof the following:

     "9. The department of social services, division of family services shall collect and record in computer readable format data describing the demographics of persons applying for and receiving or not receiving public assistance and the actions taken by the department of social services, division of family services. The data shall cover applications, determinations of eligibility, granting, changing or denying benefits, amounts of benefits, sanctions, length of time on public assistance, county and zip code of residence. The data collection shall be integrated with the tracking required under the Personal Responsibility and Work Opportunity Reconciliation of 1996, as amended, to avoid duplication.

     10. The data, devoid of personal identification, shall be made available at actual cost of reproduction to universities or colleges and state agencies doing research on public assistance programs in a computer readable format.

     11. The office of administration shall contract with a university, college or other agency independent of the department which has demonstrated expertise and experience in evaluating the success of programs of public assistance or human social development. In developing the request for proposal, the office of administration shall consult with the departments of elementary and secondary education, social services, mental health, health and economic development. The purpose of the study will be to measure the performance of the public assistance system including inequities in the system. The scope of the study shall apply the science of statistics and probability to identify the demographics of persons receiving public assistance and the response of the public assistance system to the needs of the applicants and recipients. The study shall also look for patterns and anomalies based upon residence, county, division of family services region, race, age, marital status, gender, or other demographic categories.

     12. The contractor shall do an annual analysis of the data and report on the performance of the public assistance system and any anomalies and inequities to the department of social services, the governor and the general assembly."; and further amend said page and section by renumbering the remaining subsections accordingly.

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

     Senator Westfall offered SA 7:

SENATE AMENDMENT NO. 7

     Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 19, Section 9, Line 21, by inserting immediately after said line the following:

     "(16). The board, subject to appropriations, shall set up a program of performance awards for employees of state or local government who are directly in contact with participants in the families work program. The program shall give public recognition and monetary reward to employees who demonstrate exemplary performance in assisting participants to attain the goals of the families work program. Recipients, co-workers, managers, community organizations, shall annually be invited to recommend exemplary employees for the performance rewards. The board shall set criteria for recognition of the nominated employees. Using these criteria and the purposes and goals of the families work program, the board shall annually decide upon recipients of the rewards and publicly present them. The provisions of this subsection shall sunset sixty months following the effective date of this act.".

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

     At the request of Senator Maxwell, SB 202, SB 23 and SB 183, with SCS and SS for SCS, as amended (pending), were placed on the Informal Calendar.

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 34, entitled:

     An Act relating to certain child care facilities.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 356, entitled:

     An Act to repeal sections 104.103, 104.374, 104.415, 104.612, 476.450 and 476.580, RSMo 1994, and sections 104.335, 104.395, 104.515, 287.820, 476.539 and 476.601, RSMo Supp. 1996, relating to retirement of state officers and employees, and to enact in lieu thereof twelve new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 450, entitled:

     An Act to amend chapters 8 and 431, RSMo, relating to public construction contracts.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HBs 424 and 534, entitled:

     An Act to repeal sections 252.085 and 252.230, RSMo 1994, relating to the department of conservation, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions, and an emergency clause for a certain section.

     Emergency clause defeated.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SB 303; and SCS for SB 140, 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.

HOUSE BILLS ON SECOND READING

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

     HB 257--Financial and Governmental Organization.

     HB 151--Commerce and Environment.

     HB 51--Corrections and General Laws.

     HB 381--Transportation.

     HCS for HB 141--Local Government and Economic Development.

     HCS for HB 557--Agriculture, Conservation, Parks and Tourism.

     HB 107--Financial and Governmental Organization.

     HB 516--Judiciary.

     HCS for HJR 1--Civil and Criminal Jurisprudence.

     HJR 11--Commerce and Environment.

INTRODUCTIONS OF GUESTS

     Senator Schneider introduced to the Senate, Karen Van der Graff, and students from Hallsferry Elementary School, St. Louis; and Dana Weissenborn, Sandra Busken, Albany Hayes and Jarron Pearson were made honorary pages.

     Senator Sims introduced to the Senate, Susan Luke, St. Louis.

     Senator Bentley introduced to the Senate, Dave Peters, Springfield.

     Senator Westfall introduced to the Senate, Dan Johnson, and students from Aurora School, Aurora; and Bobby Johnson, Bridget Durkin, Kris Moore and Jamie Monroe were made honorary pages.

     On behalf of Senator Graves and himself, Senator Johnson introduced to the Senate, third through eighth grade students from East Buchanan County.

     Senator Lybyer introduced to the Senate, Rev. Larry Hines and Mark Knapp, Holts Summit.

     Senator Howard introduced to the Senate, Mr. and Mrs. Sonny Minor, and their daughter, Tina, Cape Girardeau.

     On motion of Senator Quick, the Senate adjourned under the Rules.