Journal of the Senate

FIRST REGULAR SESSION


FORTY-SECOND DAY--WEDNESDAY, MARCH 26, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, for every sunrise and sunset, for every friend who is there when we need them, for every good gift, we give You thanks. For every teaching of Jesus, for every kind deed He did, for everything He did 2000 years ago this week, we give You thanks. Use our life to make a difference. 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
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Absent with leave--Senators--None
The Lieutenant Governor was present.

RESOLUTIONS

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

SENATE RESOLUTION NO. 449

     WHEREAS, from time to time the members of the Missouri Senate suspend the work of creating laws to recognize the meritorious endeavors of outstanding state employees, a most delightful task which this legislative body embraces with great enthusiasm; and

     WHEREAS, Betty J. Day is retiring from her position as Administrative Assistant to Senator Betty Sims after twenty-five years of dedicated service to the great State of Missouri; and

     WHEREAS, Betty Day is known, admired, and respected for the professional, conscientious, and skilled manner in which she faithfully performs all of her significant duties and responsibilities with a helpful attitude and contagious smile; and

     WHEREAS, a graduate of the University of Missouri-Columbia, Betty Day has distinguished herself as a member of the Missouri Board of Probation and Parole, as Extradition Officer to Governors Bond and Ashcroft, as Treasurer of the National Association of Extradition Officials, as Executive Secretary to Judge Albert L. Rendlen of the Missouri Supreme Court, and as Extradition Assistant and Secretary to the Counsel to Governor Bond; and

     WHEREAS, better known as the "perpetual snack lady", Betty Day once found herself in quite a quandary: she could not use her air conditioner and her oven at the same time because of the home's wiring configuration - a situation which caused her to quit cooking in the oven and begin using it for storing cookies and other goodies; and

     WHEREAS, a lady who will be greatly missed by her co-workers at the capitol, Betty Day has never met a person, place, or thing she could not talk to, maintains a full array of color-coordinated sets of lingerie, and truly believes that "home-made" gravy comes in a can; and

     WHEREAS, Betty Day has been richly blessed with the love and affection of her wonderful family which includes her devoted husband, Tom; their three fine sons, Patrick, Mike, and Steve; and their three delightful grandsons:

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, unanimously join in expressing our most sincere appreciation to Betty J. Day for her twenty-five years of unparalleled service and in wishing her the long, enjoyable, and fruitful retirement she so richly deserves; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Mrs. Betty J. Day.

THIRD READING OF SENATE BILLS

     SB 395, introduced by Senator Kinder, entitled:

     An Act to repeal section 77.650, RSMo 1994, relating to recall of elected officials, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Kinder, SB 395 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
HouseHowardJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
ClayCurlsGravesJacob--4
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     SB 331, with SCS, introduced by Senator Wiggins, entitled:

     An Act to repeal section 144.062, RSMo 1994, relating to certain sales tax exemptions, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     SCS for SB 331, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 331

     An Act to repeal section 144.062, RSMo 1994, relating to certain sales tax exemptions, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up.

     Senator Wiggins moved that SCS for SB 331 be adopted, which motion prevailed.

     On motion of Senator Wiggins, SCS for SB 331 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayJacob--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     SB 212, with SCA 1, introduced by Senator Wiggins, et al, entitled:

     An Act to repeal section 92.402, RSMo Supp. 1996, relating to transportation sales taxes, 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 Wiggins moved that the above amendment be adopted, which motion prevailed.

     On motion of Senator Wiggins, SB 212, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayJacob--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     SB 389, with SCA 1, introduced by Senator Johnson, entitled:

     An Act to repeal section 104.110, RSMo Supp. 1996, relating to the highways and transportation employees' and highway patrol retirement system, 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 Johnson moved that the above amendment be adopted, which motion prevailed.

     On motion of Senator Johnson, SB 389, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Clay--1
Absent with leave--Senators--None

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

     SB 408, with SCS, introduced by Senator Jacob, entitled:

     An Act relating to energy costs.

     Was called from the Consent Calendar and taken up.

     SCS for SB 408, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 408

     An Act relating to energy costs.

     Was taken up.

     Senator Jacob moved that SCS for SB 408 be adopted, which motion prevailed.

     On motion of Senator Jacob, SCS for SB 408 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Clay--1
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     SB 362, with SCA 1, introduced by Senator Russell, entitled:

     An Act to repeal sections 104.010, 104.340, 104.350, 104.371, 104.372, 104.374, 104.401, 104.420, 104.470, 104.490, 104.519, 104.602, 104.612, 104.620, 105.691, 287.812, 287.835, 287.845, 476.480, 476.520, 476.530, 476.555, 476.580 and 476.595, RSMo 1994, and sections 104.312, 104.335, 104.395, 104.410, 104.517, 104.530, 104.800, 476.515 and 476.690, RSMo Supp. 1996, relating to certain state retirement systems, and to enact in lieu thereof thirty-three new sections relating to the same subject.

     Was called from the Consent Calendar and taken up.

     SCA 1 was taken up.

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

     On motion of Senator Russell, SB 362, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClayFlotronQuick--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     SB 358, introduced by Senator Rohrbach, entitled:

     An Act to repeal section 210.150, RSMo 1994, relating to the release of records by the division of family services, and to enact in lieu thereof two new sections relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Rohrbach, SB 358 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Clay--1
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     SB 437, introduced by Senator Wiggins, entitled:

     An Act to repeal section 107.170, RSMo Supp. 1996, relating to public works contracts, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Wiggins, SB 437 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     SB 357, with SCS, introduced by Senator Howard, entitled:

     An Act to repeal section 278.080, RSMo Supp. 1996, as enacted by senate bill 3 of the first regular session of the eighty-eighth general assembly, and section 278.080, RSMo Supp. 1996, as enacted by senate bill 65 of the first regular session of the eighty-eighth general assembly, relating to the state soil and water districts commission, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     Was called from the Consent Calendar and taken up.

     SCS for SB 357, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 357

     An Act to repeal section 278.080, RSMo Supp. 1996, as enacted by senate bill 3 of the first regular session of the eighty-eighth general assembly, and section 278.080, RSMo Supp. 1996, as enacted by senate bill 65 of the first regular session of the eighty-eighth general assembly, relating to the state soil and water districts commission, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     Was taken up.

     Senator Howard moved that SCS for SB 357 be adopted, which motion prevailed.

     On motion of Senator Howard, SCS for SB 357 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Staples--1
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Staples--1
Absent with leave--Senators--None

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

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

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

     Senator Quick announced that the Associated Press had been given permission to take pictures in the Senate Chamber today.

SENATE BILLS FOR PERFECTION

     Senator Maxwell moved that SB 202, SB 23 and SB 183, with SCS, SS No. 2 for SCS and SA 6 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 6 was again taken up.

     Senator Lybyer offered SSA 1 for SA 6:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 6

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 10, Section 3, Line 6 of said page, by inserting immediately after the word "Missouri" the words "General Revenue"; and further amend line 12 of said page, by inserting immediately after said line the following: "Eighty percent of such moneys deposited in the fund shall be appropriated for the qualified state expenditures provided in section 3, subsection 2 of this act. The remaining twenty percent shall remain in the fund subject to appropriation at the sole discretion of the general assembly."; and

     Further amend said bill, section 3, page 11, line 9 of said page, by inserting immediately after said line the following:

     "7. The provisions of this section shall expire on June 30, 2002."; and

     Further amend the title accordingly.

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

     Senator Howard assumed the Chair.

     At the request of Senator Maxwell, SB 202, SB 23 and SB 183, with SCS and SS No. 2 for SCS, as amended (pending), were placed on the Informal Calendar.

HOUSE BILLS ON THIRD READING

     HB 211, with SCA 1, introduced by Representative Williams (159th), et al, entitled:

     An Act to repeal sections 266.152, 266.160, 266.165, 266.170, 266.175, 266.180, 266.185, 266.190, 266.200, 266.205, 266.210, 266.220, 276.401, 276.411, 276.421, 276.423, 276.426, 276.436, 276.441, 276.456, 276.461, 276.471, 276.486, 276.491, 276.501, 276.506, 276.511, 276.516, 411.115, 411.131, 411.180, 411.260, 411.261, 411.271, 411.278, 411.280, 411.283, 411.287, 411.321, 411.323, 411.325, 411.391, 411.405, 411.471, 411.517, 411.518 and 411.519, RSMo 1994, and sections 266.195, 411.026 and 411.070, RSMo Supp. 1996, relating to agricultural products, and to enact in lieu thereof forty-nine new sections relating to the same subject, with penalty provisions, an emergency clause and an effective date for certain sections.

     Was taken up by Senator Johnson.

     SCA 1 was taken up.

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

     Senator Johnson was recognized to close.

     President Pro Tem McKenna referred HB 211, as amended, to the Committee on State Budget Control.

SENATE BILLS FOR PERFECTION

     Senator Scott moved that SB 291, with SCS and SA 4 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 4 was again taken up.

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

     Senator Scott offered SS for SCS for SB 291, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 291

     An Act to repeal sections 339.503, 339.505, 339.507, 339.511, 339.515, 339.517, 339.519, 339.523, 339.525, 339.529, 339.530 and 339.532, RSMo 1994, relating to real estate appraisers and to enact in lieu thereof fourteen new sections relating to the same subject, with penalty provisions.

     Senator Scott moved that SS for SCS for SB 291 be adopted.

     At the request of Senator Scott, SB 291, with SCS and SS for SCS (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 Senator Staples.

RESOLUTIONS

     Senator Singleton offered Senate Resolution No. 450, regarding Michael Butts, Carthage, which was adopted.

     Senator Goode offered Senate Resolution No. 451, regarding the Fiftieth Birthday of Susan Marie Lewis, Jefferson City, which was adopted.

THIRD READING OF SENATE BILLS

     SB 218, introduced by Senator Howard, entitled:

     An Act to amend section 221.405, RSMo 1994, relating to regional jail districts, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Howard, SB 218 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyChildersDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWiggins
Yeckel--29
Nays--Senators
CaskeyWestfall--2
Absent--Senators
ClayCurlsJohnson--3
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     SB 398, introduced by Senator Bentley, entitled:

     An Act to authorize the governor to convey certain property of Southwest Missouri State University in Greene County, Missouri, to the city of Springfield.

     Was called from the Consent Calendar and taken up.

     On motion of Senator Bentley, SB 398 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClayCurlsSchneider--3
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

     Senator Maxwell moved that SB 202, SB 23 and SB 183, with SCS and SS No. 2 for SCS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     Senator Wiggins offered SA 7:

SENATE AMENDMENT NO. 7

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 5, Section 1, Line 17, by inserting before the word "county" the following "age, physical or mental disability, incapacity to work as provided in section 3.7,"; and

     Further amend said bill, page 11, section 3, line 9, by inserting at the end thereof a new subsection to read as follows:

     "7. The Missouri General Revenue maintenance of effort fund may also be used to provide assistance by establishing criteria for a state only funded program when the adult population served are not able to meet the federal work requirements due to incapacity of the adult to work because of the incapacity of the adult caretaker or the caretaker's dependent as determined by the department by rule. Beginning fiscal year 1999 the funding for this subsection shall be appropriated as a separate item.".

     Senator Wiggins moved that the above amendment be adopted.

     Senator Rohrbach offered SA 1 to SA 7, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 7

     Amend Senate Amendment No. 7 to Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 1, Section 3, Line 10, by inserting at the end of subsection 7 the following: "The provisions of this subsection shall expire on January 1, 2005.".

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

     SA 7, as amended, was again taken up.

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

     Senator Kenney offered SA 8:

SENATE AMENDMENT NO. 8

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 30, Section 20, Line 8, by inserting immediately after the word "2." the following, "(1)"; and

     Further amend said bill, line 12, by inserting immediately after the word "for" the following: "a minimum of 30 days but"; and

     Further amend said bill, line 13, by inserting after said line the following:

     "(2) A second or subsequent denial of employment for failing a second or subsequent controlled substance screening and failure to become employed within sixty days of the screening shall result in a sanction of the work first program benefits and food stamp benefits for the household for a minimum of sixty days but not more than one hundred twenty days unless the department locates payment resources for drug rehabilitation.".

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

     Senator Banks offered SA 9, which was read:

SENATE AMENDMENT NO. 9

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 24, Section 14, Lines 12-16, by striking said lines and inserting in lieu thereof, the following:

     "3. If a recipient voluntarily leaves the program within the first three months, such recipient shall be given the opportunity to prove a good cause for doing so. When good cause can be established, the recipient may be eligible for an extension or assistance to remove a barrier to self-sufficiency. If no good cause for the recipient's action is proven, a recalculation of the benefits for the household shall be made without considering the needs of the caretaker recipient. The suspension of caretaker benefits shall continue until the amount suspended equals the extra benefits received.".

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

     Senator Banks offered SA 10, which was read:

SENATE AMENDMENT NO. 10

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 31, Section 21, Line 14, by inserting at the end of said line the following:

     "Prior to imposing a sanction, the department shall make a reasonable effort to resolve disputes when a recipient of benefits through the work first program fails to meet the program requirements. Reasonable efforts shall include a written notice to the recipient of an intent to sanction. The notice shall include actions the recipient may take to avoid sanctions, an offer to discuss barriers to participation and, if appropriate, alternative program provisions that may be incorporated in an individual responsibility plan.".

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

     Senator Banks offered SA 11, which was read:

SENATE AMENDMENT NO. 11

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 26, Section 16, Line 7, by inserting, immediately at the end of said line, the following:

     "The income levels and resource limits which qualify a family for benefits shall be determined by the department, shall be no more restrictive than those in place on August 22, 1996, for the aid to families with dependent children program, and shall be uniformly applied throughout the state.".

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

     Senator Kenney offered SA 12:

SENATE AMENDMENT NO. 12

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 24, Section 15, Line 25, by deleting the ";" at the end of said line, and inserting in lieu thereof the following:

", and a United States citizen or a legal immigrant who resided in the United States prior to August 22, 1996; however, qualified legal aliens shall be allowed to apply for and receive public assistance funded through the federal TANF block grant program;".

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

     President Wilson assumed the Chair.

     Senator Russell offered SA 13:

SENATE AMENDMENT NO. 13

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 30, Section 20, Line 27 of said page, by inserting immediately after all of said line the following:

     "5. Any person receiving public assistance benefits pursuant to chapter 208, RSMo, is deemed to have consented to a drug test to detect the use of controlled substances. Such test may be requested by the director of the department of social services. Any public assistance recipient who is found to have tested positive for the use of a controlled substance, which was not prescribed for such recipient by a licensed physician or dentist, may, after an administrative hearing conducted pursuant to the provisions of chapter 536, RSMo, be declared ineligible as determined by the department director or his designee, for some or all public assistance benefits of a period up to one year from the date of the administrative hearing.

     6. The director shall promulgate rules to effectuate the provisions 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.".

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

     Senator Wiggins assumed the Chair.

     Senator Rohrbach offered SA 14, which was read:

SENATE AMENDMENT NO. 14

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 3, Section 1, Lines 18-20 of said page, by deleting all of said lines.

     Senator Rohrbach moved that the above amendment be adopted.

     At the request of Senator Rohrbach, SA 14 was withdrawn.

     Senator Johnson resumed the Chair.

     Senator Rohrbach offered SA 15, which was read:

SENATE AMENDMENT NO. 15

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 4, Section 1, Line 13 of said page, by deleting all of said lines; and

     Further amend said bill, page and section, lines 16 and 17 of said page, by deleting all of said lines.

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

     At the request of Senator Maxwell, SB 202, SB 23, and SB 183, with SCS and SS No. 2 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 604, entitled:

     An Act to repeal section 165.011, RSMo Supp. 1996, relating to guaranteed energy saving performance contracts for schools, and to enact in lieu thereof one new section 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 HB 791, entitled:

     An Act to repeal section 493.050, RSMo 1994, relating to publication of legal notices, and to enact in lieu thereof one new section 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 HB 521, entitled:

     An Act to repeal sections 162.191, 162.222, 162.223 and 162.241, RSMo 1994, relating to school districts, and to enact in lieu thereof three 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 HB 543, entitled:

     An Act to repeal sections 104.010, 104.340, 104.350, 104.371, 104.372, 104.374, 104.401, 104.420, 104.470, 104.490, 104.519, 104.602, 104.612, 104.620, 105.691, 287.812, 287.835, 287.845, 476.480, 476.520, 476.530, 476.555, 476.580 and 476.595, RSMo 1994, and sections 104.312, 104.335, 104.395, 104.410, 104.517, 104.530, 104.800, 476.515 and 476.690, RSMo Supp. 1996, relating to certain state retirement systems, and to enact in lieu thereof thirty-three 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 HB 482, 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.

     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 HB 169, entitled:

     An Act to repeal section 169.595, RSMo 1994, and sections 169.315, 169.326, 169.328, 169.570 and 169.577, RSMo Supp. 1996, relating to the public school retirement systems, and to enact in lieu thereof six 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 HB 628, entitled:

     An Act to repeal section 162.431, RSMo 1994, relating to changing boundaries of school districts, and to enact in lieu thereof one new section 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 HB 689, entitled:

     An Act to repeal section 99.340, RSMo 1994, relating to land clearance for redevelopment authority commissioners, and to enact in lieu thereof one new section 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 HB 41, entitled:

     An Act to repeal sections 115.615 and 115.621, RSMo 1994, relating to certain political party committees, and to enact in lieu thereof two 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 HB 343, entitled:

     An Act to repeal section 453.080, RSMo 1994, relating to adoption, and to enact in lieu thereof two 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 HB 622, entitled:

     An Act to repeal sections 376.562, 377.080 and 377.310, RSMo 1994, relating to certain charitable organizations, and to enact in lieu thereof three 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 HB 249, entitled:

     An Act to repeal sections 190.305 and 190.329, RSMo Supp. 1996, relating to emergency telephone service, and to enact in lieu thereof three 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 HB 655, entitled:

     An Act to repeal sections 347.015 and 358.150, RSMo Supp. 1996, relating to business entities, and to enact in lieu thereof two 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 HB 125, entitled:

     An Act to repeal section 85.541, RSMo 1994, relating to certain municipal police departments, and to enact in lieu thereof one new section 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 HB 652, entitled:

     An Act to repeal section 33.103, RSMo 1994, relating to certain deductions from state employees' compensation, and to enact in lieu thereof one new section 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 HB 609, entitled:

     An Act relating to special road districts.

     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 HB 793, entitled:

     An Act to repeal section 375.355, RSMo 1994, relating to insurance companies, and to enact in lieu thereof one new section 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 HB 761, entitled:

     An Act to repeal section 115.017, RSMo 1994, relating to election commissioners, and to enact in lieu thereof one new section 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 HB 709, entitled:

     An Act relating to publicly owned sewer treatment works, with an emergency clause.

     Emergency clause adopted.

     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 HB 31, entitled:

     An Act to repeal section 89.142, RSMo 1994, relating to peripheral zoning, and to enact in lieu thereof one new section 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 HB 700, entitled:

     An Act to amend chapter 10, RSMo, relating to official state emblems by adding thereto two 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 HB 63, entitled:

     An Act to repeal section 311.300, RSMo Supp. 1996, relating to certain businesses licensed to sell intoxicating liquor or nonintoxicating beer, and to enact in lieu thereof one new section 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 HB 124, entitled:

     An Act to repeal section 301.463, RSMo Supp. 1996, relating to children's trust fund special license plates, and to enact in lieu thereof one new section 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 HB 318, entitled:

     An Act to repeal section 34.140, RSMo 1994, relating to volunteer fire protection associations, and to enact in lieu thereof one new section 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 HB 711, entitled:

     An Act to repeal section 81.070, RSMo 1994, relating to election and appointment of certain municipal officials, and to enact in lieu thereof one new section 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 HB 394, entitled:

     An Act to repeal section 301.131, RSMo Supp. 1996, relating to motor vehicle license plates, and to enact in lieu thereof one new section 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 HB 727, entitled:

     An Act to repeal section 559.021, RSMo 1994, relating to community service, and to enact in lieu thereof one new section relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

SENATE BILLS FOR PERFECTION

     Senator Maxwell moved that SB 202, SB 23 and SB 183, with SCS and SS No. 2 for SCS, as amended (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     Senator Banks offered SA 16:

SENATE AMENDMENT NO. 16

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 7, Section 1, Line 19 of said page, by inserting immediately after said line the following:

     "16. 1. There is hereby established a joint committee of the general assembly to be known as the "Joint Legislative Welfare Reform and TANF Block Grant Oversight Committee". Such committee shall be composed of seven members of the senate, no more than two of which shall be members of the senate appropriations committee, appointed by the president pro tem of the senate, and seven members of the house of representatives, no more than two of which shall be members of the house budget committee, appointed by the speaker of the house. The appointment of each member shall continue during his or her term of office as a member of the general assembly or until a successor has been duly appointed to fill his or her place when such term of office as a member of the general assembly has expired. The joint committee shall meet at least biannually. Committee members shall receive no additional compensation, but shall be reimbursed for reasonable and necessary expenses related to fulfilling the duties of the committee. Such expenses shall be paid from the joint contingency fund. No more than four members of the senate and four members of the house shall be from the same political party. A majority of the members shall constitute a quorum.

     2. The joint committee may, within the limits of its appropriations, employ such persons necessary to carry out its duties. The compensation of such personnel shall be paid from the joint contingency fund. The joint committee may, within limits of appropriations for that purpose enter into contracts to provide such professional, legal or technical assistance as may be necessary for it to perform its functions.

     3. The duties of the joint committee shall include, but may not be limited to:

     (1) Monitoring the design and implementation of the provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended;

     (2) An annual review of the implementation of the state waivers and recommendations based upon such review submitted to the president pro tem of the senate and the speaker of the house of representatives regarding the continuance or discontinuance of such waivers;

     (3) An annual evaluation of the funding levels, based upon the information provided by the department with recommendations submitted to the president pro tem of the senate, speaker of the house of representatives, chair of the senate appropriations committee and chair of the house budget committee regarding appropriate levels of funding for the families work act;

     (4) Based on the analysis of the statewide data base of public assistance recipients provided by the department, make recommendations to the president pro tem of the senate and speaker of the house of representatives about which categories of needy individuals and families to exempt from the work participation requirements pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996;

     (5) Making recommendations for administrative or procedural changes in the internal management or organization of the state agencies which provide or regulate public assistance programs;

     (6) Compiling a report of its activities to be submitted to the members of the general assembly and the governor not later than January fifteenth of each year;

     (7) Any state funded agency which provides or regulates health care services shall cooperate with and assist the joint committee in the performance of its duties and shall make available all books, records and information as requested by the joint committee; and

     (8) The joint committee shall have the power to subpoena witnesses, take testimony under oath, compel the attendance of witnesses, the giving of testimony and the production of records.".

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

     Senator McKenna offered SA 17:

SENATE AMENDMENT NO. 17

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23, and 183, Page 45, Section 31, Line 9 of said page, by inserting immediately after all of said line the following:

     "Section 32. 1. The delegation of authority to the department of social services to propose to the general assembly rules or regulations pursuant to this act is contingent upon the department complying with the provisions of this section and this delegation of legislative power to the department to promulgate proposed rules and proposed orders of rulemaking that have the effect of substantive law, other than rules relating to the department's organization and internal management, is contingent and dependent upon the power of the general assembly to review proposed orders of rulemaking, to delay the effective date of the proposed final order of rulemaking until thirty legislative days after such rule is filed with the general assembly and the secretary of state, and to disapprove any rule or portion thereof as provided herein.

     2. No rule or portion of a rule that has the effect of substantive law, and is promulgated under this section shall become effective until it has been reviewed by the general assembly in accordance with the procedures provided herein and the department's authority to propose rules is dependent upon the power of the general assembly to review and disapprove any such proposed rule or portion thereof by concurrent resolution adopted in accordance with the provisions of article IV, section 8 of the Missouri constitution.

     3. The department may promulgate a proposed rule by complying with the procedures provided in section 536.021, RSMo, except that the notice of proposed rulemaking shall first be filed with the general assembly by providing a copy to the joint committee on administrative rules which may hold hearings upon any proposed rule or portion thereof at any time. The department shall cooperate with the joint committee on administrative rules by providing any witnesses, documents or information as may be requested.

     4. Except as otherwise provided herein, the department shall comply with the provisions of section 536.021, RSMo, except that the department may file a proposed order of rulemaking with the secretary of state only by first filing a copy thereof with the general assembly and thereafter providing a copy to the secretary of the senate and the clerk of the house of representatives. The president pro tem of the senate shall direct that a copy of the proposed order of rulemaking be delivered to the director of the joint committee on administrative rules.

     5. The proposed order of rulemaking shall not become effective until thirty legislative days after such proposed final order of rulemaking has been filed with the secretary of state. The joint committee on administrative rules may hold one or more hearings upon such proposed final order of rulemaking.

     6. The committee may, by majority vote of its members, recommend that the general assembly disapprove any rule or portion thereof, after hearings and upon a finding that such rule or portion thereof is substantive in nature in that it creates rights or liabilities or provides for sanctions as to any person, corporation or other legal entity, and that such rule or portion of a rule should be disapproved for one or more of the following grounds:

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

     (2) An emergency relating to public health, safety or welfare;

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

     (4) A substantial change in circumstance since enactment of the law upon which the proposed rule is based;

     (5) The proposed rule is arbitrary and capricious.

Upon such action by the committee, the general assembly may adopt a concurrent resolution in accordance with the provisions of article IV, section 8 of the Missouri constitution to disapprove and hold ineffective any rule or portion thereof upon the grounds stated in this subsection. If a concurrent resolution is adopted and presented to the governor pursuant to article IV, section 8 of the Missouri constitution, the secretary of state shall publish in the Missouri Register, as soon as practicable, a notice amending the order of rulemaking as provided.

     7. The secretary of state may publish the proposed order of rulemaking as soon as practicable after the expiration of thirty legislative days.

     8. Notwithstanding the provisions of section 1.140, RSMo, the provisions of this section are nonseverable and the delegation of authority to propose a final order of rulemaking is essentially dependent upon the powers vested with the general assembly as provided herein. If any of the powers vested with the general assembly to review, to delay the effective date, to disapprove, or hold ineffective a rule or portion of a rule contained in an order of rulemaking, are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule promulgated under such purported rulemaking authority delegated to the department by this act shall be invalid and void.

     9. Nothing in this section shall prevent the general assembly from adopting by bill the rules proposed by the department by reference to said rules. In that event, the rules proposed by the department in any order of rulemaking shall be held for naught and only such rules as are adopted by the general assembly shall become effective as submitted to the governor by bill. In that event, the secretary of state shall not publish the proposed order of rulemaking and said proposed order of rulemaking shall be invalid and held for naught."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Mathewson assumed the Chair.

     Senator Flotron offered SA 18:

SENATE AMENDMENT NO. 18

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23, and 183, Page 5, Section 1, Line 9 of said page, by inserting immediately after "RSMo" the following: ", and subject to the following provisions:

     (1) For purposes of this section, a "substantive" rule shall be defined as an action of the agency which has the effect of creating a legal right, liability, obligation or sanction;

     (2) All substantive rules promulgated pursuant to the provisions of this section, and all substantive rulemaking authority authorized by this section, shall expire on August 31, 1998".

     Senator Flotron moved that the above amendment be adopted.

     Senator Flotron offered SA 1 to SA 18:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 18

     Amend Senate Amendment No. 18 to Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 202, 23, and 183, Page 1, Section 1 of said amendment, by inserting immediately after the last line the following:

     "(3) In any action challenging any substantive rule promulgated pursuant to the provisions of this bill, the agency as defined in section 536.010, RSMo, promulgating such substantive rule shall be required to prove by a preponderance of the evidence that the substantive rule or threatened application of the substantive rule is valid, is authorized by law, is not in conflict with any law and is not arbitrary and capricious;

     (4) The court shall award reasonable fees and expenses as defined in section 536.085, RSMo, to any party who prevails against the agency in such action; and".

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

     SA 18, as amended, was again taken up.

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

     Senator Flotron offered SA 19:

SENATE AMENDMENT NO. 19

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23, and 183, Page 8, Section 2, Line 4 of said page, by inserting immediately after "accounts." the following: "For the purposes of this section:

     (1) A "substantive" rule shall be defined as an action of the agency which has the effect of creating a legal right, liability, obligation or sanction;

     (2) All substantive rules promulgated pursuant to the provisions of this section, and all substantive rulemaking authority authorized by this section, shall expire on August 31, 1998;

     (3) In any action challenging any substantive rule promulgated pursuant to the provisions of this bill, the agency as defined in section 536.010, RSMo, promulgating such substantive rule shall be required to prove by a preponderance of the evidence that the substantive rule or threatened application of the substantive rule is valid, is authorized by law, is not in conflict with any law and is not arbitrary and capricious;

     (4) The court shall award reasonable fees and expenses as defined in section 536.085, RSMo, to any party who prevails against the agency in such action."; and

     Further amend said bill, page 27, section 17, line 16, by inserting immediately after "services" the following: "and subject to the following provisions:

     (1) For purposes of this section, a "substantive" rule shall be defined as an action of the agency which has the effect of creating a legal right, liability, obligation or sanction;

     (2) All substantive rules promulgated pursuant to the provisions of this section, and all substantive rulemaking authority authorized by this section, shall expire on August 31, 1998;

     (3) In any action challenging any substantive rule promulgated pursuant to the provisions of this bill, the agency as defined in section 536.010, RSMo, promulgating such substantive rule shall be required to prove by a preponderance of the evidence that the substantive rule or threatened application of the substantive rule is valid, is authorized by law, is not in conflict with any law and is not arbitrary and capricious;

     (4) The court shall award reasonable fees and expenses as defined in section 536.085, RSMo, to any party who prevails against the agency in such action."; and

     Further amend said bill, page 30, section 20, line 27, by inserting immediately after "appropriate" the following: "and subject to the following provisions:

     (1) For purposes of this section, a "substantive" rule shall be defined as an action of the agency which has the effect of creating a legal right, liability, obligation or sanction;

     (2) All substantive rules promulgated pursuant to the provisions of this section, and all substantive rulemaking authority authorized by this section, shall expire on August 31, 1998;

     (3) In any action challenging any substantive rule promulgated pursuant to the provisions of this bill, the agency as defined in section 536.010, RSMo, promulgating such substantive rule shall be required to prove by a preponderance of the evidence that the substantive rule or threatened application of the substantive rule is valid, is authorized by law, is not in conflict with any law and is not arbitrary and capricious;

     (4) The court shall award reasonable fees and expenses as defined in section 536.085, RSMo, to any party who prevails against the agency in such action."; and

     Further amend said bill, page 31, section 21, line 17, by inserting immediately after "RSMo" the following: ", and subject to the following provisions:

     (1) For purposes of this section, a "substantive" rule shall be defined as an action of the agency which has the effect of creating a legal right, liability, obligation or sanction;

     (2) All substantive rules promulgated pursuant to the provisions of this section, and all substantive rulemaking authority authorized by this section, shall expire on August 31, 1998;

     (3) In any action challenging any substantive rule promulgated pursuant to the provisions of this bill, the agency as defined in section 536.010, RSMo, promulgating such substantive rule shall be required to prove by a preponderance of the evidence that the substantive rule or threatened application of the substantive rule is valid, is authorized by law, is not in conflict with any law and is not arbitrary and capricious;

     (4) The court shall award reasonable fees and expenses as defined in section 536.085, RSMo, to any party who prevails against the agency in such action."; and

     Further amend said bill, page 37, section 25, line 1, by inserting immediately after "waiver" the following: "and subject to the following provisions:

     (1) For purposes of this section, a "substantive" rule shall be defined as an action of the agency which has the effect of creating a legal right, liability, obligation or sanction;

     (2) All substantive rules promulgated pursuant to the provisions of this section, and all substantive rulemaking authority authorized by this section, shall expire on August 31, 1998;

     (3) In any action challenging any substantive rule promulgated pursuant to the provisions of this bill, the agency as defined in section 536.010, RSMo, promulgating such substantive rule shall be required to prove by a preponderance of the evidence that the substantive rule or threatened application of the substantive rule is valid, is authorized by law, is not in conflict with any law and is not arbitrary and capricious;

     (4) The court shall award reasonable fees and expenses as defined in section 536.085, RSMo, to any party who prevails against the agency in such action."; and

     Further amend said bill, page 43, section 30, line 5, by inserting immediately after "section" the following: "and subject to the following provisions:

     (1) For purposes of this section, a "substantive" rule shall be defined as an action of the agency which has the effect of creating a legal right, liability, obligation or sanction;

     (2) All substantive rules promulgated pursuant to the provisions of this section, and all substantive rulemaking authority authorized by this section, shall expire on August 31, 1998;

     (3) In any action challenging any substantive rule promulgated pursuant to the provisions of this bill, the agency as defined in section 536.010, RSMo, promulgating such substantive rule shall be required to prove by a preponderance of the evidence that the substantive rule or threatened application of the substantive rule is valid, is authorized by law, is not in conflict with any law and is not arbitrary and capricious;

     (4) The court shall award reasonable fees and expenses as defined in section 536.085, RSMo, to any party who prevails against the agency in such action.".

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

PRIVILEGED MOTIONS

     Having voted on the prevailing side, Senator McKenna moved that the vote by which SA 17 was adopted be reconsidered, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GravesHouseHowardJacob
JohnsonKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClayGoodeKenney--3
Absent with leave--Senators--None

     SA 17 was again taken up.

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

     Senator Schneider offered SA 20:

SENATE AMENDMENT NO. 20

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23, and 183, Page 45, Section 31, Line 9 of said page, by inserting immediately after all of said line the following:

     "Section 32. 1. The delegation of authority to the department of social services to propose to the general assembly rules or regulations pursuant to this act is contingent upon the department complying with the provisions of this section and this delegation of legislative power to the department to promulgate proposed rules and proposed orders of rulemaking that have the effect of substantive law, other than rules relating to the department's organization and internal management, is contingent and dependent upon the power of the general assembly to review proposed orders of rulemaking, to delay the effective date of the proposed final order of rulemaking until thirty legislative days after such rule is filed with the general assembly and the secretary of state, and to disapprove any rule or portion thereof as provided herein.

     2. No rule or portion of a rule that has the effect of substantive law, and is promulgated under this section shall become effective until it has been reviewed by the general assembly in accordance with the procedures provided herein and the department's authority to propose rules is dependent upon the power of the general assembly to review and disapprove any such proposed rule or portion thereof by concurrent resolution adopted in accordance with the provisions of article IV, section 8 of the Missouri constitution.

     3. The department may promulgate a proposed rule by complying with the procedures provided in section 536.021, RSMo, except that the notice of proposed rulemaking shall first be filed with the general assembly by providing a copy to the joint committee on administrative rules which may hold hearings upon any proposed rule or portion thereof at any time. The department shall cooperate with the joint committee on administrative rules by providing any witnesses, documents or information as may be requested.

     4. Except as otherwise provided herein, the department shall comply with the provisions of section 536.021, RSMo, except that the department may file a proposed order of rulemaking with the secretary of state only by first filing a copy thereof with the general assembly by providing a copy to the secretary of the senate and the clerk of the house of representatives. The president pro tem of the senate shall direct that a copy of the proposed order of rulemaking be delivered to the director of the joint committee on administrative rules.

     5. The proposed order of rulemaking shall not become effective until thirty legislative days after such proposed final order of rulemaking has been filed with the secretary of state. The joint committee on administrative rules may hold one or more hearings upon such proposed final order of rulemaking.

     6. The committee may, by majority vote of its members, recommend that the general assembly disapprove any rule or portion thereof, after hearings and upon a finding that such rule or portion thereof is substantive in nature in that it creates rights or liabilities or provides for sanctions as to any person, corporation or other legal entity, and that such rule or portion of a rule should be disapproved for one or more of the following grounds:

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

     (2) An emergency relating to public health, safety or welfare;

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

     (4) A substantial change in circumstance since enactment of the law upon which the proposed rule is based;

     (5) The proposed rule is arbitrary and capricious.

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

     8. Any rule or portion thereof not disapproved within thirty legislative days shall be deemed approved by the general assembly and the secretary of state may publish such order of rulemaking as soon as practicable after the expiration of thirty legislative days. Upon adoption of such concurrent resolution within thirty legislative days, the secretary of state shall not publish the order of rulemaking until the expiration of time necessary for such resolution to be signed by the governor or vetoed and overridden by the general assembly. If a concurrent resolution is adopted and signed by the governor or a veto of such resolution is overridden, the secretary of state shall publish in the Missouri Register, as soon as practicable, a notice amending the order of rulemaking as provided.

     9. The secretary of state may publish the proposed order of rulemaking as soon as practicable after the expiration of thirty legislative days.

     10. Notwithstanding the provisions of section 1.140, RSMo, the provisions of this section are nonseverable and the delegation of authority to propose a final order of rulemaking is essentially dependent upon the powers vested with the general assembly as provided herein. If any of the powers vested with the general assembly to review, to delay the effective date, to disapprove, or hold ineffective a rule or portion of a rule contained in an order of rulemaking, are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule promulgated under such purported rulemaking authority delegated to the department by this act shall be invalid and void.

     11. Nothing in this section shall prevent the general assembly from adopting by bill the rules or portions thereof proposed by the department as contained in an order of rulemaking. In that event, the proposed order of rulemaking and any rule proposed therein shall be held for naught and only such rules as are adopted by the general assembly shall become effective as submitted to the governor by bill. In that event, the secretary of state shall not publish the proposed order of rulemaking and said proposed order of rulemaking shall be invalid and held for naught."; and

     Further amend the title and enacting clause accordingly.

     Senator Schneider moved that the above amendment be adopted.

     Senator Ehlmann offered SA 1 to SA 20, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 20

     Amend Senate Amendment No. 20 to Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 1, Section 32, Line 21, by adding after the word "disapprove", the words "and suspend".

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

     SA 20, as amended, was again taken up.

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

     Senator Scott assumed the Chair.

     Senator Jacob offered SA 21, which was read:

SENATE AMENDMENT NO. 21

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 46, Section 167.260, Line 27, by inserting after the word "receive" the following "subject to appropriations additional".

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

     Senator Schneider offered SA 22:

SENATE AMENDMENT NO. 22

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23, and 183, Page 5, Section 1, Lines 4-9 of said page, by striking all of said lines; and further amend said section by renumbering the remaining subsections accordingly; and further amend said bill and section, page 7, line 19 of said page, by inserting immediately after all of said line the following:

     "15. The department of social services is authorized to propose rules and regulations necessary to implement the program and sanctions referenced in this section only as provided pursuant to section 32 of this act."; and

     Further amend said bill, Page 7, Section 2, Lines 25-27 of said page, by striking all of said lines and inserting in lieu thereof the following: "locations. These shall include programs"; and

     Further amend said bill, Page 8, Section 2, Line 7 of said page, by inserting immediately after all of said line the following:

     "3. The department of social services is authorized to propose rules and regulations necessary to implement the programs referenced in this section only as provided pursuant to section 32 of this act."; and

     Further amend said bill, Page 24, Section 14, Line 16 of said page, by inserting immediately after all of said line the following:

     "4. The department of social services is authorized to propose rules and regulations necessary to implement the pilot program referenced in this section only as provided pursuant to section 32 of this act."; and

     Further amend said bill, Page 26, Section 15, Line 4 of said page, by inserting immediately after all of said line the following:

     "3. The department of social services is authorized to propose rules and regulations necessary to implement the program referenced in this section only as provided pursuant to section 32 of this act."; and

     Further amend said bill, Page 26, Section 16, Line 6 of said page, by inserting immediately after the word "requirements" the following: ", by rule promulgated pursuant to section 32 of this act,"; and

     Further amend said bill, Page 28, Section 17, Line 1 of said page, by striking the following: "pursuant to chapter 536, RSMo,"; and

     Further amend said bill, Page 28, Section 17, Line 15 of said page, by inserting immediately after all of said line the following:

     "6. The department of social services is authorized to propose rules and regulations necessary to implement the programs and sanctions referenced in this section only as provided pursuant to section 32 of this act."; and

     Further amend said bill, Page 30, Section 20, Line 27 of said page, by inserting immediately after all of said line the following:

     "5. The department of social services is authorized to propose rules and regulations necessary to implement this section only as provided pursuant to section 32 of this act."; and

     Further amend said bill, Page 31, Section 21, Line 4 of said page, by striking the following: ", and"; and further amend page and section, lines 5 and 6, by striking all of said lines; and further amend lines 10, by striking all of said line; and further amend line 11 by striking the following: "services"; and further amend said page and section, lines 15-17, by striking all of said lines; and

     Further amend said bill, Page 37, Section 25, Line 27 of said page, by striking the word "The" as it appears the second time; and further said page and section, amend line 28, by striking all of said line; and further amend page 38, section 25, line 1 of said page, by striking the following: "implement this statute."; and

     Further amend said bill, Page 38, Section 25, Line 10 of said page, by inserting immediately after all of said line the following:

     "4. The department of social services is authorized to propose rules and regulations necessary to implement the program and sanctions referenced in this section only as provided pursuant to section 32 of this act."; and

     Further amend said bill, Page 43, Section 30, Line 4 of said page, by striking the following: "The department shall promulgate rules pursuant to"; and further amend line 5, by striking all of said line; and

     Further amend said bill, Page 43, Section 30, Line 10 of said page, by inserting immediately after all of said line the following:

     "3. The department of social services is authorized to propose rules and regulations necessary to implement this section only as provided pursuant to section 32 of this act.".

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

     Senator Schneider offered SA 23:

SENATE AMENDMENT NO. 23

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23, and 183, Page 116, Section 660.016, Line 23 of said page, by inserting immediately after said line the following:

     "660.017. [The department of social services may adopt, appeal and amend rules necessary to carry out the duties assigned to it. All rules shall be promulgated pursuant to the provisions of this section and chapter 536, RSMo. 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.] 1. All rulemaking authority delegated by the general assembly to the department prior to the effective date of this act is invalid and of no force and effect.

     2. The delegation of authority to the department of social services to propose to the general assembly rules or regulations after the effective date of this act is contingent upon the department complying with the provisions of this section and this delegation of legislative power to the department to promulgate proposed rules and proposed orders of rulemaking that have the effect of substantive law, other than rules relating to the department's organization and internal management, is contingent and dependent upon the power of the general assembly to review proposed orders of rulemaking, to delay the effective date of the proposed final order of rulemaking until thirty legislative days after such rule is filed with the general assembly and the secretary of state, and to disapprove any rule or portion thereof as provided herein.

     3. No rule or portion of a rule that has the effect of substantive law, shall become effective until it has been reviewed by the general assembly in accordance with the procedures provided herein and the department's authority to propose rules is dependent upon the power of the general assembly to review and disapprove any such proposed rule or portion thereof by concurrent resolution adopted in accordance with the provisions of article IV, section 8 of the Missouri constitution.

     4. The department may promulgate a proposed rule by complying with the procedures provided in section 536.021, RSMo, except that the notice of proposed rulemaking shall first be filed with the general assembly by providing a copy to the joint committee on administrative rules which may hold hearings upon any proposed rule or portion thereof at any time. The department shall cooperate with the joint committee on administrative rules by providing any witnesses, documents or information as may be requested.

     5. Except as otherwise provided herein, the department shall comply with the provisions of section 536.021, RSMo, except that the department may file a proposed order of rulemaking with the secretary of state only by first filing a copy thereof with the general assembly by providing a copy to the secretary of the senate and the clerk of the house of representatives. The president pro tem of the senate shall direct that a copy of the proposed order of rulemaking be delivered to the director of the joint committee on administrative rules.

     6. The proposed order of rulemaking shall not become effective until thirty legislative days after such proposed final order of rulemaking has been filed with the secretary of state. The joint committee on administrative rules may hold one or more hearings upon such proposed final order of rulemaking.

     7. The committee may, by majority vote of its members, recommend that the general assembly disapprove any rule or portion thereof, after hearings and upon a finding that such rule or portion thereof is substantive in nature in that it creates rights or liabilities or provides for sanctions as to any person, corporation or other legal entity, and that such rule or portion of a rule should be disapproved for one or more of the following grounds:

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

     (2) An emergency relating to public health, safety or welfare;

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

     (4) A substantial change in circumstance since enactment of the law upon which the proposed rule is based;

     (5) The proposed rule is arbitrary and capricious.

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

     9. Any rule or portion thereof not disapproved within thirty legislative days shall be deemed approved by the general assembly and the secretary of state may publish such order of rulemaking as soon as practicable after the expiration of thirty legislative days. Upon adoption of such concurrent resolution within thirty legislative days, the secretary of state shall not publish the order of rulemaking until the expiration of time necessary for such resolution to be signed by the governor or vetoed and overridden by the general assembly. If a concurrent resolution is adopted and signed by the governor or a veto of such resolution is overridden, the secretary of state shall publish in the Missouri Register, as soon as practicable, a notice amending the order of rulemaking as provided.

     10. Notwithstanding the provisions of section 1.140, RSMo, the provisions of this section are nonseverable and the delegation of authority to propose a final order of rulemaking is essentially dependent upon the powers vested with the general assembly as provided herein. If any of the powers vested with the general assembly to review, to delay the effective date, to disapprove, or hold ineffective a rule or portion of a rule contained in an order of rulemaking, are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule promulgated under such purported rulemaking authority delegated to the department by this act shall be invalid and void.

     11. Nothing in this section shall prevent the general assembly from adopting by bill the rules or portions thereof proposed by the department as contained in an order of rulemaking. In that event, the proposed final order of rulemaking and any rule proposed therein shall be held for naught and only such rules as are adopted by the general assembly shall become effective as submitted to the governor by bill. In that event, the secretary of state shall not publish the proposed final order of rulemaking and said proposed final order of rulemaking shall be invalid and held for naught."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Yeckel offered SA 24, which was read:

SENATE AMENDMENT NO. 24

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 42, Section 30, Line 24, by deleting the word "may" and inserting in lieu thereof the word "shall".

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

     Senator Yeckel offered SA 25, which was read:

SENATE AMENDMENT NO. 25

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 6, Section 1, Line 20, by deleting the words "prior to" and inserting the word "upon"; and

     Further amend said bill, page 6, section 1, line 23, by deleting the word: "pretermination hearing" and inserting the words "postermination hearing within thirty days,".

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

     Senator Yeckel offered SA 26:

SENATE AMENDMENT NO. 26

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 4, Section 1, Line 17, by inserting after said line:

     "(10) Reducing the number of out-of- wedlock births.".

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

     Senator Rohrbach offered SA 27, which was read:

SENATE AMENDMENT NO. 27

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 11, Section 3, Line 1 of said page, by deleting the word "may" and inserting in lieu thereof the word "shall".

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

     Senator Ehlmann offered SA 28:

SENATE AMENDMENT NO. 28

     Amend Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 100, Section 208.345, Line 14, by adding immediately after said line, the following:

     "208.700. In order to promote diverse approaches to the problems of poverty and to encourage maximum local participation and volunteerism, the "Community Partnership Program" is hereby created as a pilot program in the State of Missouri.

     208.701. This program shall be organized by the Department of Social Services in two Missouri counties and organization in any county desiring to be eligible to participate shall be required to provide the Department of Social Services with no less than five written statements from organizations within the county declaring their intent to act as partners in the Community Partnership Program. The program shall be implemented within the first six months from the effective date of this act.

     208.703. As used in sections 208.700 to 208.737, the following terms shall mean:

     (1) "Community partnership organization", any of the following which chooses to dispense public assistance to qualified individuals, and meets the requirements set forth in section 208.725:

     (a) Benevolent association established pursuant to chapter 352, RSMo;

     (b) Charitable organization as defined in section 407.453, RSMo;

     (c) Combination of paragraphs (a) to (g) of subdivision (2) of this section;

(d) Governmental body;

     (e) Not for profit corporation established pursuant to chapter 355, RSMo;

     (f) Organization that has obtained an exemption from the payment of federal income taxes as provided in section 501 (c) (3), 501 (c) (7) or 501 (c) (8) of Title 26, United States Code, as amended; or

     (g) Religious or educational organization exempt from taxation pursuant to the Missouri or United States Constitution;

     (2) "Director", the director of the division of family services;

     (3) "Division", the division of family services;

     (4) "Program", the community partnership program established pursuant to this act;

     (5) "Public assistance", the cash, in-kind, or other payment to which a qualified individual is entitled;

     (6) "Qualified individuals", any individual who receives any cash or in-kind payment, or any other public assistance administered by the division of family services;

     (7) "Taxpayer", person, firm, a partner in a firm, corporation or a shareholder in an S corporation doing business in the state of Missouri and subject to the state income tax imposed by the provisions of chapter 143, RSMo, or a corporation subject to the annual corporation franchise tax imposed by the provisions of chapter 147, RSMo, or an insurance company paying an annual tax on its gross premium receipts in this state, or other financial institution paying taxes to the state of Missouri or any political subdivision of this state under the provisions of chapter 148, RSMo, or an express company which pays an annual tax on its gross receipts in this state pursuant to chapter 153, RSMo, or an individual subject to the state income tax imposed by the provisions of chapter 143, RSMo.

     208.705. The provisions of chapter 208, RSMo, to the contrary notwithstanding, qualified individuals may participate in the community partnership program as established in sections 208.700 to 208.737.

     208.707. Those qualified individuals who elect to participate in the program shall enter into a contractual agreement with a community partnership organization of the qualified individual's choosing for the purpose of distributing public assistance and providing services pursuant to section 208.715. No qualified individual shall enter into more than one contractual arrangement with a community partnership organization concurrently.

     208.710. 1. The division shall:

     (1) Determine and publicly disclose the gross amount of public assistance to be dispersed for aid to families with dependent children, and the total costs for administering said assistance as a percentage of said gross amount;

     (2) Calculate the public assistance to be distributed to qualified individuals who choose to participate in the program in the same manner as the public assistance distributed to those individuals who elect not to participate;

     (3) Not reduce the monthly cash public assistance of those who elect not to participate in the program based upon the amount of moneys transferred to the community partnership program fund pursuant to this section;

     (4) Not set a public assistance amount for qualified individuals who elect to participate in a community partnership program that is less than the public assistance amount of those who do not participate in the program;

     (5) Develop standardized forms for the contractual agreements between the division and community partnership organizations and between qualified individuals and community partnership organizations;

     (6) Provide qualified individuals with information on a regular basis of any community partnership organizations available within the geographical area of the qualified individual;

     (7) Establish a hotline for qualified individuals to register complaints on community partnership organizations for noncompliance of the terms of duly executed contractual arrangements.

     2. Payments to implement sections 208.700 to 208.737 shall be made from the community partnership program fund created in section 208.730.

     208.712. Any community partnership organization may contract with the division to distribute public assistance to qualified individuals who elect to participate in a community partnership program.

     208.715. Any community partnership organization, in establishing and maintaining a community partnership program, may:

     (1) Charge qualified individuals who choose to participate a fee for the provision of services equal to the amount of the community partnership organization's administrative costs for providing said services; however, the community partnership organization shall not charge a fee which as a percentage of the public assistance distributed exceeds ten percent;

     (2) Supplement the public assistance to which a qualified individual, who has entered into an agreement with the community partnership organization pursuant to section 208.707, with additional cash grants, gifts, or services, including, but not limited to, the following:

     (a) Child day care in a child day care center;

     (b) Job training;

     (c) Transportation;

     (d) Food or household necessities;

     (e) Remedial education;

     (f) Domestic skills training;

     (g) Parenting instruction;

     (h) Health benefits.

     208.717. As a condition of the receipt of public assistance or any other support provided by a community partnership organization, including those services set out in section 208.715, a community partnership organization may require qualified individuals to meet any additional standards, except that the community partnership organization may not require the qualified individual to:

     (1) Perform any illegal act; or

     (2) Attend any religious worship service.

     208.720. Qualified individuals who fail to meet the requirements of a duly executed contractual agreement with a community partnership organization shall forfeit to the division, upon a fifteen-day notice to the qualified individual and the division, any increase in their public assistance provided for in section 208.730, over that which the qualified individual would otherwise receive and shall forfeit to the community partnership organization any other supplemental support provided by the community partnership organization pursuant to section 208.715. The forfeiture shall continue until a qualified individual is deemed by the community partnership organization under terms established by the division or by the division to be in compliance with the provisions of the contractual agreement, or until the contract is terminated by the qualified individual or the community partnership organization pursuant to section 208.722. If a contractual agreement between a community partnership organization and a qualified individual is terminated, the qualified individual shall be deemed to be a nonparticipant in the program for a period of thirty days or until the said qualified individual enters or re-enters into a contractual agreement with a community partnership organization, whichever is less. Those recipients deemed to be nonparticipants due to termination of a contract shall receive public assistance as otherwise provided for by law.

     208.722. Every duly executed contractual agreement between a qualified individual and a community partnership organization shall contain a provision allowing the qualified individual or the community partnership organization the right to rescind the agreement upon thirty days notice to the division and to all parties to the said contractual agreement.

     208.725. The division shall require community partnership organizations to meet the following conditions before entering into or re-entering into any contractual agreement with the division for the provision of services pursuant to section 208.715:

     (1) Meet the definition established in section 208.702, for community partnership organizations;

     (2) Be in existence for a period of at least five years before they are eligible for the program;

     (3) Demonstrate to the division, through a written report, the services that are to be provided;

     (4) Allow audits of public assistance distributed to recipients pursuant to sections 208.707 and 208.710;

     (5) Agree that the community partnership organization will not discriminate on the basis of race, religion, or national origin; and

     (6) Establish and maintain a system for addressing the grievances of those qualified individuals affected by the contract with the division.

     208.727. 1. Community partnership organizations may actively seek private donations to support and supplement a community partnership program. Any taxpayer of Missouri may claim a tax credit if provided for by an appropriation by the general assembly; however, the amount appropriated for the tax credit, if any, shall not be less than the savings realized by the division as a result of the program established by this act.

     2. A taxpayer shall be allowed to claim a tax credit against the taxpayer's state tax liability, in an amount equal to fifty percent of the amount such taxpayer contributed to the community partnership organization.

     3. The amount of the tax credit claimed shall not exceed the amount of the taxpayer's state tax likability for the taxable year that the credit is claimed, and such taxpayer shall not be allowed to claim a tax credit in excess of fifty thousand dollars per taxable year. However, any tax credit that cannot be claimed in the taxable year the contribution was made may be carried over to the next four succeeding taxable years until the full credit has been claimed.

     208.730. The "Community Partnership Program Fund" is hereby created in the state treasury to support the provisions of sections 208.700 to 208.737. Moneys shall be appropriated to the fund to provide public assistance to qualified individuals that are at least equal to the public assistance that such individuals would otherwise receive plus an amount at least equal to ten percent of the total amount transferred or the amount of savings resulting from implementation of the program. Moneys in the community partnership program fund that are not required to meet or augment the community partnership program funding requirements of the state in any fiscal year shall be invested by the state treasurer in the same manner as other surplus funds are invested. Interest, dividends and moneys earned on such investments shall be credited to the community partnership program fund. Such fund may also receive gifts, grants, contributions, appropriations and funds or public assistance from any other source or sources, and make investments of the unexpended balances thereof.

     208.732. 1. There is hereby created the "Community Partnership Advisory Council" to make recommendations to the division on ways to improve and expand the program. The council shall be composed of seven members, consisting of the lieutenant governor, the director of social services, the director of the division of family services, or their representatives, and four members of the public who are active participants in a community partnership organization. The four members of the public shall be appointed by the governor with the advice and consent of the senate, and no more than two shall be of the same political party. The chair of the council shall be the lieutenant governor. Council members appointed by the governor shall serve four-year terms or until their successor is duly appointed and qualified.

     2. The advisory council shall meet as necessary, but at least twice yearly, to review activities of the commission, present recommendations in writing to the governor and the general assembly as requested or as necessary to ensure adequate exchange of information, and meet within four weeks after the initial members have been appointed. Four of the members shall constitute a quorum and no action shall be taken without the concurrence of four of the members.

     208.735. The division may promulgate rules and regulations necessary to carry out the provisions of this act pursuant to section 536.024, RSMo.

     208.737. This credit shall become effective January 1, 1998 and shall apply to all taxable years beginning after December 31, 1997."; and

     Further amend the title and enacting clause accordingly.

     Senator Ehlmann moved that the above amendment be adopted.

     Senator Ehlmann offered SA 1 to SA 28:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 28

     Amend Senate Amendment No. 28 to Senate Substitute No. 2 for Senate Committee Substitute for Senate Bills Nos. 202, 23 and 183, Page 2, Section 208.710, Line 2 of said section, by deleting the words "aid to families with dependent children" and inserting the words: "temporary assistance to needy families or any other welfare program covered in this bill."; and

     Further amend said bill, page 6, section 208.735, by deleting said section.

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

     Senator Ehlmann moved that SA 28, as amended, be adopted, which motion prevailed.

     Senator Maxwell moved that SS No. 2 for SCS for SBs 202, 23 and 183, as amended, be adopted, which motion prevailed.

     On motion of Senator Maxwell, SS No. 2 for SCS for SBs 202, 23 and 183, as amended, was declared perfected and ordered printed.

RESOLUTIONS

     Senator Graves offered Senate Resolution No. 452, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Coda Baugher, Trenton, which was adopted.

     Senator Graves offered Senate Resolution No. 453, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Larry Saale, Chillicothe, which was adopted.

     Senator Graves offered Senate Resolution No. 454, regarding the One Hundredth Birthday of Lyndall Bittiker, which was adopted.

     Senator Graves offered Senate Resolution No. 455, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bill Ricehouse, Chillicothe, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 456, regarding the City of O'Fallon, which was adopted.

     Senator Quick offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 457

     WHEREAS, the General Assembly fully recognizes the importance of preparing our youth to become active and productive citizens through worthwhile governmental or citizenship projects; and

     WHEREAS, the General Assembly has a long tradition of rendering assistance to those organizations who sponsor these projects in the interest of our young people; and

     WHEREAS, one clear example of such an organization is the Missouri YMCA, which has become widely recognized for its sponsorship of the Youth in Government program; and

     WHEREAS, the Missouri YMCA Youth in Government program provides its participants with a unique insight into the day to day operation of our state government;

     NOW, THEREFORE, BE IT RESOLVED by the Missouri Senate that the Missouri YMCA be hereby granted permission to use the Senate Chamber for the purposes of its Youth in Government program during the period of November 22, 1997 from 9:00 A.M to 3:00 P.M. and December 4, 5 and 6, 1997.

CONCURRENT RESOLUTIONS

     Senator Jacob offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 22

     WHEREAS, the members of the Missouri General Assembly always deem it proper and necessary to remember those service men and women who have faithfully answered our nation's call to arms in times of crisis; and

     WHEREAS, April 28, 1997, marks the 53rd Anniversary of "Exercise Tiger", one of World War II's most tragic and most historically significant naval battles, and one that has been largely forgotten; and

     WHEREAS, though planned as a practice mission for the D-Day Invasion of the Normandy coast, Exercise Tiger resulted in the highest casualty toll of the war to that point for American forces; and

     WHEREAS, the unexpected and overwhelming attack of enemy ships on the minimally prepared and unescorted group of LST's in the T-4 Convoy, in the early morning hours of April 28, 1944, ended in the death of 749 U.S. troops of those, 198 sailors, 551 soldiers of which 196 were from Missouri's 3206th Quarter Master Service Company, as well as injuries to hundreds more, but provided valuable lessons that contributed to the success of the historic D-Day Invasion and thus to the outcome of World War II; and

     WHEREAS, on April 28, 1997, the Veterans of Foreign Wars Post 280 and the Missouri Exercise Tiger Association will host a special ceremony to commemorate the 53rd Anniversary of Exercise Tiger, the first such ceremony to be held in the state of Missouri by a VFW post to officially honor this forgotten World War II battle; and

     WHEREAS, the upcoming VFW Post 280 ceremony is in keeping with the annual Exercise Tiger ceremony recognized by the Department of Defense, which traditionally honors the U.S. Army soldiers and U.S. Navy sailors of operation "Exercise Tiger":

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate of the Eighty-ninth General Assembly, the House of Representatives concurring therein, hereby join unanimously in supporting and honoring the 53rd Anniversary of Exercise Tiger hosted by the Veterans of Foreign Wars Post 280 and the Missouri Exercise Tiger Association, and further call upon the people of Missouri and all Americans to join in observing this event in recognition of those forgotten individuals who have made the supreme sacrifice to ensure the continued freedom and prosperity of this nation; and

     BE IT FURTHER RESOLVED that the Secretary of Senate be instructed to prepare a properly inscribed copy of this resolution for presentation during the upcoming 53rd Anniversary of Exercise Tiger.

INTRODUCTIONS OF GUESTS

     Senator Howard introduced to the Senate, Angela AuBuchon, Dexter; and Angela was made an honorary page.

     Senator Sims introduced to the Senate, Theresa Lovelace, Kathy Dabrowski and Merrily Goldsmith, St. Louis.

     On behalf of Senator Caskey, the President introduced to the Senate, Lynn A. Harmon, Bob Gaw, David Skwarlo, Jerry Franklin, Jerry Ellis, Jim Landon, Mike Terry, Greg Bynum and Jean Gothic, Warrensburg.

     Senator Graves introduced to the Senate, Marsha Murphy and Edna McQuerrey, Clinton County.

     Senator Jacob introduced to the Senate, students from Cairo Elementary School, Cairo; and Willie Anderson, David Creed, Cliff Hinton and Joey Hensley were made honorary pages.

     Senator Graves introduced to the Senate, Lyle Brown, Tarkio; and Kent Fischer, Fairfax.

     Senator Graves introduced to the Senate, former State Representative Tim Kelley, and a delegation from Agricultural Leaders of Tomorrow.

     Senator Wiggins introduced to the Senate, Margret Olson, Sally Rice, Jeanette Robinson, Ed Baty and Carol Purdy, Kansas City.

     Senator Yeckel introduced to the Senate, Lisa Mikel, Nicki Ketterling, Theresa Sedgewick, and members of Webelos Cub Scout Pack 267 from Beasley School, St. Louis; and Tristen Ketterling, Matt Herzberg, Ryan Sedgewick, Josh Mikel and Johnny Waco were made honorary pages.

     Senator Jacob introduced to the Senate, Cheryl Allen, Kathleen Crader, Carla Davis, Bonnie Delaney, Carla Jones and Della Bell, Moberly; and Rose Crawford, Renick.

     Senator Singleton introduced to the Senate, Diane Sharits, Jack and Sue Vandergriff and Harry Putnam, Carthage; and Wendi Kelly, Joplin.

     Senator Westfall introduced to the Senate, Sherry Oehme, Aurora.

     Senator Childers introduced to the Senate, Klista Smith and Ken Roten, Branson.

     Senator Rohrbach introduced to the Senate, Julie Clingman, and seventh grade students from St. Martin's Catholic School, St. Martin's; and Sam LeCure, Jonathan Woehrer, Krystal Stokes and Lindsey Eveler were made honorary pages.

     Senator Westfall introduced to the Senate, Beverly Carter, Debbie Potter, and fifth and sixth grade students from Bronaugh School, Bronaugh.

     Senator Jacob introduced to the Senate, Nancy Gerardy, Colene Cooper, Dorothy Grant, Jan Mees and Mary Dillon, Columbia.

     Senator Lybyer introduced to the Senate, students from New Life Christian Academy, Houston; and Benita Steinbrink, Nicholas Livermore, Katy Atterberry and Justin Snyder were made honorary pages.

     Senator Bentley introduced to the Senate, Geri Hill, Springfield.

     Senator Yeckel introduced to the Senate, Howard Brandt and Tony Adrignola, St. Louis.

     Senator Kenney introduced to the Senate, Kevin and Amanda Burns, Independence; and Kevin and Amanda were made honorary pages.

     Senator Kinder introduced to the Senate, Steve and Andlle Naeter, and thirty-two seventh and eighth grade students from St. Augustine School, Kelso; and James Dannenmueller, Grant Frey, Jamey Heisserer, Alaina Stamp and Jacob Ressel were made honorary pages.

     Senator Rohrbach introduced to the Senate, Jan Sonnenberg, Jefferson City.

     Senator Klarich introduced to the Senate, Wayne, Deb, Ben and Anna Cross, Ballwin.

     Senator Clay introduced to the Senate, Jean and Margaret Anne Blackburn and Stephanie Porto, St. Louis; and Margaret and Stephanie were made honorary pages.

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