Journal of the Senate

FIRST REGULAR SESSION


FORTY-EIGHTH DAY--TUESDAY, APRIL 8, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, we know that just making more right decisions than wrong, doing more good things than bad isn't enough. We want to make every decision and action right in this body because it affects so many people. We need Your help for wisdom and guidance. Make what we do right for the good of all. 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.

SENATE BILLS FOR PERFECTION

     Senator Schneider moved that SB 248 be taken up for perfection, which motion prevailed.

     Senator Schneider offered SS for SB 248, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 248

     An Act to repeal sections 217.730, 302.225, 374.715, 429.470, 429.490, 476.010, 476.050, 476.055, 477.010, 509.030, 511.500, 513.045, 543.335, 545.040, 545.050, 545.060, 545.070, 545.240, 545.270, RSMo 1994, sections 217.305, 302.020, 302.341, 477.600, 478.466, 488.015, 488.020, 512.050, 559.027, 559.029 and 577.051, RSMo Supp. 1996, sections 57.290, 67.133, 429.090, 429.120, 452.345, 476.053, 479.260 and 511.510, as both versions of such sections appear in RSMo Supp. 1996, and section 595.045, RSMo Supp. 1996, contained in house committee substitute for senate bill 769, truly agreed to and finally passed by the second regular session of the eighty-eighth general assembly, relating to courts, and to enact in lieu thereof forty-four new sections relating to the same subject, with an emergency clause and an expiration date for a certain section.

     Senator Schneider moved that SS for SB 248 be adopted.

     Senator Johnson assumed the Chair.

     Senator Clay offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Bill No. 248, Pages 16-17, Section 374.715, by striking all of said section; and

     Further amend said bill, Pages 17-18, Section 374.763, by striking all of said section and inserting in lieu thereof the following:

     "[374.700. As used in sections 374.700 to 374.775, the following terms shall mean:

     (1) "Bail bond agent", a surety agent or an agent of a property bail bondsman who is duly licensed under the provisions of sections 374.700 to 374.775, is employed by and is working under the authority of a licensed general bail bond agent;

     (2) "Department", the department of insurance of the state of Missouri;

     (3) "Director", the director of the department of insurance;

     (4) "General bail bond agent", a surety agent or a property bail bondsman, as defined in sections 374.700 to 374.775, who is licensed in accordance with sections 374.700 to 374.775 and who devotes at least fifty percent of his working time to the bail bond business in this state;

     (5) "Property bail bondsman", a person who pledges United States currency, United States postal money orders or cashier's checks or other property as security for a bail bond in connection with a judicial proceeding, and who receives or is promised therefor money or other things of value;

     (6) "Surety bail bond agent", any person appointed by an insurer by power of attorney to execute or countersign bail bonds in connection with judicial proceedings, and who receives or is promised money or other things of value therefor.]

     [374.705. 1. The department shall administer and enforce the provisions of sections 374.700 to 374.775, prescribe the duties of its officers and employees with respect to sections 374.700 to 374.775, and promulgate, pursuant to section 374.045 and chapter 536, RSMo, such rules and regulations within the scope and purview of the provisions of sections 374.700 to 374.775 as the director considers necessary and proper for the effective administration and interpretation of the provisions of sections 374.700 to 374.775.

     2. The director shall set the amount of all fees authorized and required by the provisions of sections 374.700 to 374.775 by rules and regulations promulgated pursuant to chapter 536, RSMo. All such fees shall be set at a level designed to produce revenue which shall not substantially exceed the cost and expense of administering the provisions of sections 374.700 to 374.775.]

     [374.710. 1. Except as otherwise provided in sections 374.700 to 374.775, no person or other entity shall practice as a bail bond agent or general bail bond agent, as defined in section 374.700, in Missouri unless and until the department has issued to him a license, to be renewed each year as hereinafter provided, to practice as a bail bond agent or general bail bond agent.

     2. Nothing in sections 374.700 to 374.775 shall be construed to prohibit any person from posting or otherwise providing a bail bond in connection with any legal proceeding, provided that such person receives no fee, remuneration or consideration therefor.]

     [374.715. Applications for examination and licensure as a bail bond agent or general bail bond agent shall be in writing and on forms prescribed and furnished by the department, and shall contain such information as the department requires. Each application shall be accompanied by proof satisfactory to the department that the applicant is a citizen of the United States, is at least twenty-one years of age, and is of good moral character. Each application shall be accompanied by the examination and application fee set by the department. In addition, each applicant for licensure as a general bail bond agent shall furnish proof satisfactory to the department that the applicant, or, if the applicant is a corporation or partnership, that each officer or partner thereof has completed at least two years as a bail bond agent, as defined in sections 374.700 to 374.775, and that the applicant possesses liquid assets of at least ten thousand dollars, along with a duly executed assignment of ten thousand dollars to the state of Missouri, which assignment shall become effective upon the applicant's violating any provision of sections 374.700 to 374.775. The assignment required by this section shall be in the form, and executed in the manner, prescribed by the department.]

     [374.720. 1. Each applicant for licensure as a general bail bond agent, after complying with this section and the provisions of section 374.715, shall be issued a license by the department unless grounds exist under section 374.755 for denial of a license.

     2. Each applicant for examination and licensure as a bail bond agent, after complying with the provisions of section 374.715, shall appear for examination at the time and place specified by the department. Such examination shall be as prescribed by the director as provided under section 375.018, RSMo, and shall be designed to test the applicant's knowledge and expertise in the area of surety bonds in general and the practice of a bail bond agent, as defined in sections 374.700 to 374.775, in particular. The applicant shall be notified of the result of the examination within twenty working days of the examination. Any applicant who fails such examination may, upon reapplication and payment of the reexamination fee set by the department, retake the examination.]

     [374.725. Any person who, on September 28, 1983, is acting in any capacity which would be classified as practicing as a bail bond agent or general bail bond agent under the provisions of sections 374.700 to 374.775 may continue to act in such capacity without being licensed under sections 374.700 to 374.775 for a period of twelve months from September 28, 1983.]

     [374.730. All licenses issued to bail bond agents and general bail bond agents under the provisions of sections 374.700 to 374.775 shall be renewed annually, which renewal shall be in the form and manner prescribed by the department and shall be accompanied by the renewal fee set by the department.]

     [374.735. The department may, in its discretion, grant a license without requiring an examination to a bail bond agent who has been licensed in another state immediately preceding his applying to the department, if the department is satisfied by proof adduced by the applicant that his qualifications are at least equivalent to the requirements for initial licensure as a bail bond agent in Missouri under the provisions of sections 374.700 to 374.775.]

     [374.740. Any person applying to be licensed as a nonresident bail bond agent or nonresident general bail bond agent who has been licensed in another state shall devote fifty percent of his working time in the state of Missouri and shall file proof with the director of insurance as to his compliance, and accompany his application with the fee set by the board and, if applying for a nonresident general bail bond agent's license, with a duly executed assignment of twenty-five thousand dollars to the state of Missouri, which assignment shall become effective upon the applicant's violating any provision of sections 374.700 to 374.775. Failure to comply with this section will result in revocation of the nonresidence license. The assignment required by this section shall be in the form and executed in the manner prescribed by the department. All licenses issued under this section shall be subject to the same renewal requirements set for other licenses issued under sections 374.700 to 374.775.]

     [374.750. The department may refuse to issue or renew any license required pursuant to sections 374.700 to 374.775 for any one or any combination of causes stated in section 374.755. The department shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of his right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo.]

     [374.755. 1. The department may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any license required by sections 374.700 to 374.775 or any person who has failed to renew or has surrendered his license for any one or any combination of the following causes:

     (1) Use of any controlled substance, as defined in chapter 195, RSMo, or alcoholic beverage to an extent that such use impairs a person's ability to perform the work of the profession licensed under sections 374.700 to 374.775;

     (2) Having entered a plea of guilty or having been found guilty of a felony;

     (3) Use of fraud, deception, misrepresentation or bribery in securing any license issued pursuant to sections 374.700 to 374.775 or in obtaining permission to take any examination given or required pursuant to sections 374.700 to 374.775;

     (4) Obtaining or attempting to obtain any compensation as a member of the profession licensed by sections 374.700 to 374.775 by means of fraud, deception or misrepresentation;

     (5) Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of the profession licensed or regulated by sections 374.700 to 374.775;

     (6) Violation of, or assisting or enabling any other person to violate, any provision of sections 374.700 to 374.775 or of any lawful rule or regulation promulgated pursuant to sections 374.700 to 374.775;

     (7) Transferring a license or permitting another person to use a license of the licensee;

     (8) Disciplinary action against the holder of a license or other right to practice the profession regulated by sections 374.700 to 374.775 granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state;

     (9) Being finally adjudged insane or incompetent by a court of competent jurisdiction;

     (10) Assisting or enabling any person to practice or offer to practice the profession licensed or regulated by sections 374.700 to 374.775 who is not currently licensed and eligible to practice under sections 374.700 to 374.775;

     (11) Paying a fee or rebate, or giving or promising anything of value, to a jailer, policeman, peace officer, judge or any other person who has the power to arrest or to hold another person in custody, or to any public official or employee, in order to secure a settlement, compromise, remission or reduction of the amount of any bail bond or estreatment thereof;

     (12) Paying a fee or rebate, or giving anything of value to an attorney in bail bond matters, except in defense of any action on a bond;

     (13) Paying a fee or rebate, or giving or promising anything of value, to the principal or anyone in his behalf;

     (14) Participating in the capacity of an attorney at a trial or hearing of one on whose bond he is surety.

     2. After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621, RSMo. Upon a finding by the administrative hearing commission that one or more of the causes stated in subsection 1 of this section have been met, the department may do any or all of the following:

     (1) Censure the person involved;

     (2) Place the person involved on probation on such terms and conditions as the department deems appropriate for a period not to exceed ten years;

     (3) Suspend, for a period not to exceed three years, the license of the person involved;

     (4) Revoke the license of the person involved.]

     [374.760. Each general bail bond agent shall file, between the first and tenth day of each month, sworn affidavits with the department stating that there are no unsatisfied judgments against him. Such affidavits shall be in the form and manner prescribed by the department.]

     [374.765. 1. Any person who practices as a bail bond agent or general bail bond agent, or who purports to be a bail bond agent, or general bail bond agent, as defined in section 374.700, without being duly licensed under sections 374.700 to 374.775 is:

     (1) For the first such offense, guilty of an infraction;

     (2) For the second and each subsequent offense, guilty of a class A misdemeanor.

     2. Any licensed bail bond agent who knowingly violates the provisions of one or more of subdivisions (3), (4), (10), (11), (12), (13), (14), or (15) of subsection 1 of section 374.755 shall be guilty of a class B misdemeanor.]

     [374.770. 1. If there is a breach of the contract of the bond, the court in which the case is pending shall declare a bond forfeiture, unless the surety upon such bond informs the court that the defendant is incarcerated somewhere within the United States. If forfeiture is not ordered because the defendant is incarcerated somewhere within the United States, the surety is responsible for the return of the defendant. If bond forfeiture is ordered and the surety can subsequently prove the defendant is incarcerated somewhere within the United States, then the bond forfeiture shall be set aside and the surety be responsible for the return of the defendant. When the surety notifies the court of the whereabouts of the defendant, a hold order shall be placed by the court having jurisdiction on the defendant in the state in which the defendant is being held.

     2. In all instances in which a bail bond agent or general bail bond agent duly licensed by sections 374.700 to 374.775 has given his bond for bail for any defendant who has absented himself in violation of the condition of such bond, the bail bond agent or general bail bond agent shall have the first opportunity to return such defendant to the proper court. If he is unable to return such defendant, the state of Missouri shall return such defendant to the proper court for prosecution, and all costs incurred by the state in so returning a defendant may be levied against the bail bond agent or general bail bond agent in question.]

     [374.775. When issuing bonds of one thousand dollars or less, licensed bail bond agents or general bail bond agents may charge a minimum premium of fifty dollars. In connection with such bonds no bail bond agent, general bail bond agent, or corporation shall charge or receive any additional fee for investigations or services rendered in connection with the execution of the bond.]"; and

     Further amend said bill, Page 56, Section 595.045, Line 5 of said page, by inserting immediately after said line the following:

     "Section 1. Sections 1 to 31 of this act may be known and shall be cited as the "Professional Bail Bondsman Licensing Act".

     Section 2. For the purposes of sections 1 to 31 of this act, the following terms mean:

     (1) "Admission to bail", an order from a competent court that the defendant be discharged from actual custody on bail and fixing the amount of the bail;

     (2) "Bail bond or appearance bond", a bond for a specified monetary amount which is executed by the defendant and a qualified licensee pursuant to sections 1 to 18 of this act and which is issued to a court or authorized officer as security for the subsequent court appearance of the defendant upon the defendant's release from actual custody pending the appearance;

     (3) "Board", professional bail bondsman licensing board created in section 3 of this act;

     (4) "Insurer", any surety company which is qualified to transact surety business in Missouri;

     (5) "Licensee", a professional bail bond company or a professional bail bondsman;

     (6) "Professional bail bondsman", an individual licensed as a professional bail bondsman by the board, who is a resident of this state and who acts through the authority of a professional bail bond company in pledging a bail bond as security in a judicial proceeding;

     (7) "Professional bail bond company", an individual who is a resident of this state, a Missouri firm, partnership or corporation, who is licensed as a professional bail bond company by the board that pledges a bail bond in connection with a judicial proceeding and receives or is promised therefor money or other things of value;

     (8) "Surety", the person who becomes the surety for the appearance of the defendant in court;

     (9) "Surety recovery agent", a person not performing the duties of a sworn peace officer who tracks down and captures a fugitive who has violated a bail bond agreement;

     (10) "Taking of bail" or "take bail", the acceptance by a person authorized to take bail of the undertaking of a sufficient surety for the appearance of the defendant according to the terms of the undertaking or that the surety will pay to the court the sum specified. Taking of bail or take bail does not include the fixing of the amount of bail and no person other than a competent court shall fix the amount of bail.

     Section 3. 1. There is hereby created within the division of professional registration in the department of economic development the "Professional Bail Bondsman Licensing Board". The board shall be composed of seven members to be appointed by the governor with the advice and consent of the senate. The members shall be appointed for terms of four years; except that the members first appointed, one shall be appointed for a term of one year, two for a term of two years, two for a term of three years, and two for a term of four years. Vacancies on the board shall be filled by appointment for the unexpired portion of the term.

     2. The governor shall appoint members, as follows:

     (1) Two licensed bail bond company owners;

     (2) One chief of police from a Missouri municipality;

     (3) One county sheriff;

     (4) One county prosecuting attorney;

     (5) One retired circuit judge or retired associate circuit judge; and

     (6) One circuit clerk.

     3. Any person who is appointed to fill a position on the board as provided in subdivisions (1) to (5) of subsection 2 of this section and who subsequently does not meet such qualification shall vacate such position and the governor shall appoint a successor to fill the unexpired term of such person.

     4. The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties on the board.

     5. The board shall have authority to appoint an executive director and such other employees as shall be necessary to perform the board's duties.

     6. The board shall have authority to promulgate rules and regulations for the purpose of administering the professional bail bondsman licensing act. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     Section 4. 1. No person shall engage in the bail bond business without being licensed as provided in sections 1 to 18 of this act.

     2. No court, law enforcement officer, state, county or municipal employee, who is either elected or appointed, shall be licensed as a professional bail bond company or a professional bail bondsman.

     3. A professional bail bondsman shall not execute or issue an appearance bond in this state without being an agent of a professional bail bond company and without attaching to the appearance bond an executed and numbered power of attorney referencing the professional bail bond company. An agent licensed as a professional bail bondsman shall hold such bondsman license for at least two years prior to owning or being an officer of a licensed professional bail bond company.

     4. An insurer shall not execute an undertaking of bail without being licensed as a professional bail bond company.

     5. A professional bail bond company shall not engage in the bail bond business:

     (1) Without having been licensed as a professional bail bond company pursuant to sections 1 to 18 of this act;

     (2) Except through an agent licensed as a professional bail bondsman pursuant to sections 1 to 18 of this act.

     6. A professional bail bond company shall not permit any unlicensed person to solicit or engage in the bail bond business in the company's behalf, except for individuals who are employed solely for the performance of clerical, stenographic or other administrative duties which do not require a license pursuant to sections 1 to 18 of this act.

     7. Any person who violates a provision of this section is guilty of a class D felony.

     8. Nothing in this section shall be construed to limit the authority of any court to set bail including allowance of bond by paying to the court a percentage thereof.

     Section 5. 1. Every applicant for professional bail bondsman license or a professional bail bond company license shall apply on forms furnished by the board.

     2. The application of a professional bail bondsman shall be accompanied by a duly executed general power of attorney issued by the professional bail bond company for whom the professional bail bondsman will be acting. Upon issuance of the license, a professional bail bondsman shall not issue an appearance bond exceeding the monetary amount for each recognizance which is specified in and authorized by the general power of attorney filed with the board until the board receives a duly executed general power of attorney from the professional bail bond company evidencing or authorizing increased monetary limits or amounts for the recognizance.

     3. An application for a professional bail bond company license shall be accompanied by proof that the applicant is a Missouri partnership, firm or corporation, or an individual who is a resident of the state. A corporation shall file proof that its most recent annual franchise tax has been paid to the secretary of state as provided in chapter 147, RSMo. The applicant shall also show proof of a one million dollar bond or a one million dollar insurance policy to be used to cover damages to persons or property caused by a licensed surety recovery agent or professional bail bond company or both.

     4. At the time of application for every professional bail bond company license there shall be paid to the board for the company license a fee of one thousand dollars. Each applicant for a professional bail bondsman license shall pay the board a license fee of one hundred dollars at the time of application, except that, if the applicant is also an applicant, as an individual, for a professional bail bond company license, then the applicant shall not be required to pay a license fee for licensure as a professional bail bondsman but shall comply with all other requirements for licensure as a professional bail bondsman.

     Section 6. Each applicant for a professional bail bondsman license shall file with the board:

     (1) Written statements from at least three persons who know of the applicant's character;

     (2) The applicant's fingerprint impressions submitted by a local law enforcement agency to the Missouri state highway patrol; and

     (3) Such proof as the board may require that the applicant is competent, trustworthy, financially responsible, of good personal and business reputation and has not been convicted of a felony or any offense involving moral turpitude.

     Section 7. No professional bail bondsman or professional bail bond company, court or law enforcement officer shall:

     (1) Pay a fee or rebate or give or promise anything of value in order to secure a settlement, compromise, remission or reduction of the amount of any bail bond to:

     (a) A jailer, policeman, peace officer, committing circuit judge or any other person who has power to arrest or to hold in custody any person; or

     (b) Any public official or public employee;

     (2) Pay a fee or rebate or give anything of value to an attorney in bail bond matters, except in defense of any action on a bond;

     (3) Pay a fee or rebate or give promise of anything of value to the principal or anyone in the principal's behalf;

     (4) Participate in the capacity of an attorney:

     (a) At a trial or hearing of a defendant on whose bond the person is a surety;

     (b) To attempt to obtain settlement or dismissal of a case;

     (c) To give or attempt to give any legal advice to a defendant on whose bond the person is a surety; or

     (5) Accept anything of value from a principal except the premium; provided that, the licensee shall be permitted to accept collateral security or other indemnity from the principal which shall be returned upon final termination of liability on the bond. The collateral security or other indemnity required by the licensee shall be reasonable in relation to the amount of the bond.

     Section 8. 1. In order to determine the competence of each applicant for a professional bail bondsman license, the board shall require the applicants to submit to, and to pass to the satisfaction of the board, a written examination to be administered by the board and appropriate to the transaction of the bail bond business. Such examination shall be held in a location or locations at such times as the board shall provide by administrative rule. Each applicant shall pay a nonrefundable examination fee of twenty-five dollars to the board at the time of application.

     2. If the application is approved and if the examination fee has been paid, an examination permit shall be issued to the applicant stating the time and place of the examination. If the applicant appears for the examination but fails to pass the examination, the applicant may apply for reexamination. The nonrefundable reexamination fee shall be fifteen dollars. If an applicant fails to pass the examination on two attempts, the board shall require a waiting period of one hundred twenty days before issuing a permit for reexamination.

     Section 9. 1. An applicant for a professional bail bond company license shall file with the board an irrevocable letter of credit from a Missouri chartered bank or federally chartered bank in Missouri or a certificate of deposit. The letter of credit or certificate of deposit shall be approved by the board as to form and sufficiency and shall be conditioned upon faithful performance of the duties of the license.

     2. The minimum amount of the letter of credit or certificate of deposit for any professional bail bond company initially licensed after August 1, 1997, shall be one hundred fifty thousand dollars.

     3. The minimum amount of the letter of credit or certificate of deposit for any professional bail bond company initially licensed on or before August 1, 1997, shall be as follows:

     (1) On or before July 31, 1998, the amount shall be a total of thirty-seven thousand five hundred dollars which shall consist of the previous minimum amount of ten thousand dollars and an additional twenty-seven thousand five hundred dollars;

     (2) August 1, 1998, to July 31, 1999, the amount shall be a total of seventy-five thousand dollars which shall consist of the previous minimum amount of thirty-seven thousand five hundred dollars and an additional thirty-seven thousand five hundred dollars;

     (3) August 1, 1999, to July 31, 2000, the amount shall be a total of one hundred twelve thousand five hundred dollars which shall consist of the previous minimum amount of seventy-five thousand dollars and an additional thirty-seven thousand five hundred dollars;

     (4) On or after August 1, 2000, the amount shall be a total of one hundred fifty thousand dollars which shall consist of the previous minimum amount of one hundred twelve thousand five hundred dollars and an additional thirty-seven thousand five hundred dollars.

     4. No letter of credit or certificate of deposit shall be subject to termination or cancellation by either party in less than sixty days after the giving of written notice thereof to the other parties and to the board and all liability of the party is discharged.

     5. No termination or cancellation shall affect the liability of the surety or sureties on a bond incurred prior to the effective date of termination or cancellation.

     6. If during the term of the letter of credit or certificate of deposit any licensee shall be guilty of misconduct or malfeasance in such licensee's dealing with any court or officer of the court or with any person or company in connection with any deposit or bail bond, the board may maintain a civil action before the circuit court of Cole County on the letter of credit or certificate of deposit or may maintain an administrative action on any certificate of deposit. The board may recover for the use and benefit of the person or persons aggrieved. The provisions of this subsection shall be in addition to all other remedies available to the aggrieved person and nothing in this subsection shall be construed as limiting the liability of a professional bail bond company or a professional bail bondsman.

     7. The board may suspend the license of a licensee who is guilty of misconduct or malfeasance as provided in subsection 6 of this section until such time as the board recovers the full amount allowable or recovers for the benefit of the person or persons aggrieved, the amount of loss or injury sustained pursuant to subsection 6 of this section, and until such time as the licensee has filed with the board an additional letter of credit or certificate of deposit in the required amount. The board shall promptly notify such licensee as provided in subsection 9 of this section.

     8. When a final civil judgment for court-ordered bond forfeitures is entered as to a bail bond issued by the licensee by a court of competent jurisdiction in this state and the judgment is not paid within thirty days thereafter, the court may send a copy of such judgment, duly certified by the clerk of such court, to the board and after having given proof to the board of service of process on the licensee in accordance with present laws governing service of process on defendants in other civil actions. The board may promptly make a claim on the surety for payment of the allowable amount of such licensee's letters of credit on behalf of such court or shall withdraw the amount of such licensee's certificate or certificates of deposit and shall transmit to the clerk of such court so much of such securities as are allowable.

     9. Upon receipt of a judgment as provided in subsection 8 of this section and receipt of proof of notice of service on the licensee and after having sent notice by registered or certified mail to the licensee at the address on the application or as amended, of the judgment to be paid the board may, twenty days after the date of such notice of the judgment to be paid, suspend the license of such licensee until such time as the judgment is paid or otherwise satisfied and until such time as the licensee has filed with the board another letter of credit or certificate of deposit in the required amount. The board shall promptly notify the licensee in writing by certified mail of the claims upon the licensee's letter of credit or certificates of deposit and shall also include a copy of the board's order of suspension.

     10. If the allowable amount of the letter of credit or certificate of deposit filed with the board is not sufficient to pay or otherwise satisfy the judgments as to bail bonds issued by the professional bail bond company in subsection 1 of this section, the board may promptly make a claim against the professional bail bond company on behalf of such court.

     11. If a professional bail bond company fails to file with the board the additional letter of credit or certificate of deposit to maintain such license within ninety days from the effective date of the board's order of suspension as provided in subsection 7, 9 or 10 of this section, the board shall cancel the license of such licensee and shall promptly notify such licensee as provided in subsection 9 of this section.

     12. Upon the nonrenewal, cancellation or revocation of any license provided for in sections 1 to 18 of this act, the board shall release to the licensee the qualifying bond or bonds or certificate or certificates of deposit filed with the board only upon the receipt of written documentation from all the courts in all the counties in which the licensee engaged in business that all bonds issued by such licensee have been exonerated and that no unpaid bond forfeitures remain outstanding, and that all civil judgments as to forfeitures on bonds issued by the licensee have been paid in full.

     Section 10. 1. Before issuance of a license provided for in sections 1 to 18 of this act, every applicant for a license shall provide evidence of residency to the board, shall satisfy the board of trustworthiness and competence, as applicable, and shall otherwise comply with the conditions and qualifications as provided in sections 1 to 18 of this act.

     2. The board may refuse to issue a license to an applicant who fails to comply with the provisions of sections 1 to 19 of this act or any rule or regulation adopted by the board pursuant to sections 1 to 19 of this act. The board may refuse to issue a license to any applicant that has made a material misrepresentation in the application for such license.

     3. Upon the approval and issuance of any license provided for in sections 1 to 18 of this act, the board shall give written notice of the issuance of such license to the circuit clerk of each county in the state. Upon revocation or suspension of a license, the board shall give written notice to that effect to the circuit clerk in each county in the state. The circuit clerk in each county shall maintain a complete record of registrations, revocations and suspensions. The circuit clerk shall notify the surety holder in the event of a continuance. The board shall furnish the circuit clerks of all counties with a list of renewal licenses.

     Section 11. 1. Every license issued pursuant to sections 1 to 18 of this act shall be for a term expiring on December thirty-first following the date of issuance and such license may be renewed for the ensuing calendar year upon the filing of a renewal application and payment of appropriate fees.

     2. The board may refuse to renew a license for any cause for which issuance of the original license could have been refused or for the licensee's violation of any of the provisions of sections 1 to 18 of this act or the rules and regulations promulgated pursuant to sections 1 to 18 of this act.

     3. Every licensee shall be required to file a renewal application, in the form and subject matter as prescribed by the board.

     4. At the time of application for renewal of a professional bail bond company license, there shall be paid to the board for the company's renewal license a fee of one thousand dollars. Each professional bail bondsman shall pay a fee of one hundred dollars for renewal of the license; except that, if the applicant for renewal also holds a professional bail bond company license, then the applicant shall not be required to pay a renewal fee for a professional bail bondsman license.

     Section 12. Any person may file a complaint stating facts constituting an alleged violation of sections 1 to 18 of this act. The complaint shall be signed under penalty of perjury. The board shall investigate any alleged violation of sections 1 to 18 of this act. Any person aggrieved by the findings of the board may appeal as provided in chapter 536, RSMo. All hearings shall be conducted and judicial review of the board's decision may be had in the manner provided by chapter 536, RSMo.

     Section 13. 1. The board may suspend for up to twelve months or revoke or refuse to continue any license issued pursuant to the provisions of sections 1 to 18 of this act if, after notice and hearing, the board determines that the licensee or any member of a company which is so licensed has:

     (1) Violated any provision of, or any obligation imposed by, sections 1 to 18 of this act or any lawful rule, regulation or order of the board or has been convicted of a felony or any offense involving moral turpitude;

     (2) Made a material misstatement in the application for license, in the application for renewal license, or in the financial statement which accompanies the application or renewal application for license as a professional bail bond company;

     (3) Committed any fraudulent or dishonest acts or practices or demonstrated incompetency or untrustworthiness to act as a licensee;

     (4) Required as a condition of the licensee executing a bail bond that the principal agree to engage the services of a specified attorney;

     (5) Signed, executed or issued bonds with endorsements in blank or prepared or issued fraudulent or forged bonds or power of attorney;

     (6) Failed in the applicable regular course of business to account for and to pay premiums held by the licensee in a fiduciary capacity to the professional bail bond company or other person entitled thereto; or

     (7) Failed to comply with the provisions of the laws of this state, or rule, regulation or order of the board for which issuance of the license could have been refused had it then existed and been known to the board.

     2. The act or conduct of any professional bail bondsman who acts within the scope of the authority delegated to the professional bail bondsman shall also be deemed the act or conduct of the professional bail bond company for which the professional bail bondsman is acting as agent.

     3. If the board finds that one or more grounds exist for the suspension or revocation of any license, the board may in its discretion request that formal charges be filed against the violator and that penalties as provided in sections 4 and 9 of this act be imposed.

     4. If the board finds that one or more grounds exist for the suspension or revocation of a license and that the license has been suspended within the previous twenty-four months, then the board shall revoke the license. The board may not again issue a license pursuant to sections 1 to 18 of this act to any person or entity whose license has been revoked.

     5. If the board determines that the public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in the board's order, a summary suspension of a license issued pursuant to sections 1 to 18 of this act may be ordered pending an administrative hearing before the board, which shall be promptly instituted.

     6. If a professional bail bond company license is suspended or revoked, no member of such company, or officer or director of such corporation shall be licensed or be designated in any license to exercise the powers thereof during the period of such suspension or revocation, unless the board determines upon substantial evidence that such member, officer or director was not personally at fault and did not acquiesce in the matter on account of which the license was suspended or revoked.

     Section 14. 1. Any person who holds a valid license pursuant to sections 374.700 to 374.775, RSMo, on the effective date of this section may continue to engage in the bail bond business without licensure pursuant to sections 1 to 18 of this act for a period of one hundred twenty days after the effective date of this section without being guilty of a violation of section 4 of this act.

     2. Any individual who holds a valid license pursuant to sections 374.700 to 374.775, RSMo, on the effective date of this section and who applies for a license pursuant to sections 1 to 18 of this act within ninety days after the effective date of this section shall not be required to take an examination as provided in section 8 of this act.

     3. Any person who holds a valid license pursuant to sections 374.700 to 374.775, RSMo, shall be entitled to a credit on the license fee required by section 5 of this act. The credit shall be a prorated proportion of the fee as provided in section 374.705, RSMo, based on the number of whole months remaining in the licensing period.

     Section 15. 1. The board shall administer the provisions of sections 1 to 18 of this act and may promulgate any rules necessary and proper to enforce the purposes and provisions of sections 1 to 18 of this act.

     2. No rule or portion of a rule promulgated pursuant to the authority of sections 1 to 18 of this act shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     Section 16. 1. The minimum compensation for giving bond or depositing money or property as bail on any bond shall not be less than fifty dollars or five percent of the bond, whichever is greater.

     2. If a bail bond or appearance bond, issued by a licensee pursuant to sections 19 to 31 of this act shall be replaced with another bail bond or appearance bond because of the licensee's violation of any provision of the laws of this state or any rule, regulation or order of the board, the licensee who violates any provision and causes a replacement to be required shall pay all the premium amount for the replacement bond, in an amount not to exceed the amount of the original bond, without any contribution from the respective defendant or principal.

     Section 17. 1. When a licensee accepts collateral, the licensee shall give a prenumbered written receipt for such collateral and such receipt shall provide in detail a full account of the collateral received by the licensee.

     2. The board shall prescribe by rule, the regulation of installment loans or credit agreements between professional bail bond companies and defendants.

     Section 18. The board shall prescribe by rule the form for the written bail bonds which shall be distributed to professional bail bond companies. Each professional bail bond company shall file a bail bond report quarterly with the board. The report shall include the following information concerning each bail bond:

     (1) Current status of the bond whether pending disposition or exonerated;

     (2) To whom the bond was written;

     (3) The date the bail bond was written;

     (4) The defendant and the charge against the defendant;

     (5) The court in which the charges are pending;

     (6) The amount of the bail bond.

     Section 19. A professional bail bond company as defined in section 3 of this act, a qualified surety as defined in section 3 of this act and an automobile club or association may issue a bond card to a person licensed as an operator which shall constitute evidence of the undertaking of bond by the company to assure the appearance in court for the offense charged of a person arrested or issued a traffic citation for a motor vehicle accident or traffic law violation up to and including the amount in dollars stated upon the face of the bond card.

     Section 20. 1. A surety shall be:

     (1) A professional bail bondsman acting through a professional bail bond company; or

     (2) A resident of the state, owner of visible property, over and above that exempt from execution, to the value of the sum in which bail is required, and shall be worth that amount after the payment of the surety's debts and liabilities.

     2. The person or persons offered as surety shall be examined on oath in regard to their qualifications as surety, and any officer authorized to take bail is authorized to administer the oath, reduce the statements on oath to writing and require the person offered as surety to sign the statement. Other proof may also be taken in regard to the sufficiency of the surety. Prior to submission to the court, the statement shall also be signed by the sheriff or chief of police in the jurisdiction where the defendant is charged. Proof that the surety is a professional bail bondsman shall be deemed sufficient proof of the sufficiency of the surety and the surety shall be accepted by all courts in this state or by any officer of the court authorized to take bail.

     3. No person shall be taken as surety unless the court is satisfied, from proof and examination on oath, of the sufficiency of the person according to the requirements of subsection 2 of this section. Where more than one person is offered as surety, they shall be deemed sufficient if, in the aggregate, they possess the qualifications required.

     Section 21. 1. If the surety is not a professional bail bondsman, the officer of the court who takes the bail shall file a statement with the court describing the property of the surety upon which the sufficiency of the surety is based. The description of the property shall include the value of the property. The statement shall also be signed by the sheriff or chief of police in the jurisdiction where the defendant is charged.

     2. The officer who takes bail shall give a written receipt for the collateral. The receipt shall give in detail a full account of the collateral received.

     3. An officer who takes bail shall not be liable for any unsecured bond order by a judicial officer.

     4. Any person, where a warrant was issued for failing to appear before a court on any violation of municipal housing codes, shall be required to post a fully secured bond.

     Section 22. No attorney, solicitor or counselor at law or in equity, clerk, sheriff or other person concerned in the execution of any process shall become a personal guarantor or surety in any criminal proceeding unless such proceeding involves a family member within the second degree of consanguinity of such person.

     Section 23. 1. The undertaking of the surety, other than by a professional bail bondsman, shall be in substantially the following form:

     . . . . . . . . . . . . . . . . (name of defendant), being in custody, charged with the offense of . . . . . . . . . . . . (naming or briefly describing the charges), and being admitted to bail in the sum of . . . . . . . . dollars, . . . . . . (name of surety), of . . . . . . . . . . . (surety's place of residence), hereby undertakes that the above named defendant shall appear in the . . . . . court on the . . . . day of its . . . . . term to answer to such charge, and shall at all times render himself/herself amenable to the orders and process of such court in the prosecution of such charge, and, if convicted, shall render himself/herself in execution thereof; or if he/she fails to perform either of these conditions, that I will pay to the appropriate court the sum of . . . . . . . . . . . dollars.

     2. If the surety is a professional bail bondsman, the undertaking of the surety shall be in a form prescribed by the regulations of the board.

     Section 24. No prosecution, appeal, nonresident or attachment bond, nor any other statutory bonds of any party, plaintiff or defendant in any court, in this state, nor any recognizance in any criminal cause in this state, shall be declared null and void for the want of form, if the intent of the bond can be plainly deduced from the body of the bond or recognizance.

     Section 25. 1. No bail bond or recognizance shall be deemed to be invalid by reason of any variance between its stipulations and the provisions of sections 1 to 31 of this act, or of the failure of the judge or officer to transmit or deliver the bail bond or recognizance at the times provided in sections 1 to 31 of this act, or of any other irregularity, so that it is made to appear that the defendant was legally in custody, charged with a public offense, and that the defendant was discharged therefrom by reason of the giving of the bond or recognizance, and that it can be ascertained from the bond or recognizance that the surety undertook that the defendant should appear before a judge for the trial thereof.

     2. If no day is fixed for the appearance, or an impossible day, or a day in vacation, the bond or recognizance, if for the defendant's appearance before a judge, shall be considered as binding the defendant so to appear and surrender himself or herself into custody for an examination of the charge in twenty days from the time of the defendant's giving the bond or recognizance. The bond or recognizance, if for the defendant's appearance for trial in court, shall be considered as binding the defendant to appear and surrender himself or herself into custody on the first day of the next term of the court which shall commence more than ten days after the giving of the bond or recognizance.

     Section 26. 1. At any time before the judgment of the bond, the surety may surrender the defendant, or the defendant may surrender himself or herself, to the jailer of the county in which the offense was committed; provided that, the surrender shall be accompanied by a certified copy of the bail bond to be delivered to the jailer, who shall detain the defendant in custody thereon as upon a commitment and give a written acknowledgment of the surrender. The surety shall upon such surrender be exonerated.

     2. For the purpose of surrendering the defendant, the surety may obtain from the officer having in the officer's custody the bail bond or recognizance a certified copy thereof, and thereupon at any place in the state may arrest the defendant, or by the surety's written endorsement thereon, authorize any licensed surety recovery agent to do so.

     3. The surety may arrest the defendant without the certified copy as provided in subsection 2 of this section.

     4. No premium shall be retained by the surety upon return of the defendant unless good cause has been shown in the court in which the bond is pending. Good cause shall not be based solely on the failure of the defendant making payment pursuant to a credit or installment agreement with the surety.

     Section 27. Whenever the defendant is admitted to bail in a specified sum, the defendant may deposit the sum with an officer authorized by law or rule of court to accept bail for the court in which the trial is directed to be had and take from such officer a certificate of the deposit, upon delivering such certificate to the officer who has the defendant in custody, the defendant shall be discharged. After bail has been taken, a deposit may, in like manner, be made of the sum mentioned in the bail bond, which shall exonerate the surety. Where money is deposited, the circuit or municipal clerk shall deposit the money in the court fund or the city treasury, whichever is appropriate, and pay the money according to the orders of the court having jurisdiction to try the offense, and the circuit clerk or city treasurer and their sureties shall be liable for the money on their official bond. Upon judgment being rendered against a defendant for fine and costs, the court rendering judgment may order any money deposited as provided in this section to be applied to the payment of such fine and costs. The provisions of this section shall not apply to a bail bond of a bail bondsman.

     Section 28. 1. If the defendant fails to appear for trial or judgment, or at any other time when the defendant's presence in court may be lawfully required, or to surrender himself or herself in execution of the judgment, the court may direct such fact be entered on the record, and shall issue an order requiring the surety to appear, on a date set by the court not less than ninety days after the issuance of the order, to show cause why the sum specified in the bail bond or the money deposited in lieu of bail should not be forfeited. If at such date set by the court the surety deposits the full amount of the bond, then no judgment shall be entered for ninety days. The order shall also require the officer who was responsible for taking of bail to appear unless:

     (1) The surety is a bail bondsman; or

     (2) The officer accepted cash in the amount of bail.

     2. The appropriate law enforcement agencies shall make every reasonable effort to apprehend the defendant. If the defendant is surrendered, arrested or good cause is shown for the defendant's failure to appear before judgment is entered against the surety, the court shall exonerate the surety's liability under the bail bond except for any actual or related costs for securing or transporting the defendant. If the defendant has not surrendered or been arrested prior to judgment against the surety, the bail bond or money deposited in lieu of bail may be forfeited.

     3. If before judgment is entered against the surety, the defendant is located in another state, and the location is known, the professional bail bondsman shall have the first opportunity to return such defendant to the proper court. If the bondsman is unable to return such defendant the appropriate law enforcement officers shall cause the arrest of the defendant and the surety shall be liable for the reasonable costs in returning the defendant to the court in an amount not to exceed the face value of the bail bond.

     Section 29. When money is deposited in lieu of bail and the court finds that such money is forfeited, the circuit court or the city treasurer, whichever is appropriate, shall transfer such sum deposited as bail pursuant to section 56.310, RSMo, and section 166.131, RSMo.

     Section 30. A bail bond shall be discharged within three years of issuance of the bond to the court unless forfeiture occurs or the case is pending and the surety notified. Prior to expiration of the three-year period the court shall give notice of any such discharge or forfeiture to the bail bond company.

     Section 31. 1. A fee equal to ten dollars per bond shall be paid by a defendant to the bail bond company in addition to the premium and the company shall collect and forward such fee quarterly to the director of revenue not later than the last day of the month following the end of the quarter in which the fee is paid. The fee shall be collected and reported upon such forms and pursuant to such rules and regulations as may be prescribed by the director and the director shall retain not more than three percent for cost of collection and shall deposit all other moneys in the "Professional Bail Bondsman Licensing Board Administration Fund" which is hereby created in the state treasury. Money in the fund shall be available by appropriation to the board to pay its administrative costs arising from its duties pursuant to sections 1 to 31 of this act. All interest earned on money deposited in the fund shall be credited to such fund.

     2. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     3. Any bail bond company violating the provisions of this section requiring the collection and forwarding of fees shall, upon conviction, be guilty of a class D felony.

     4. Notwithstanding any other provisions of law to the contrary, the general assembly may appropriate up to one hundred thousand dollars for initial start-up costs from general revenue to be repaid to general revenue from the professional bail bondsman licensing board administration fund created in section 31 of this act.

     Section 32. Sections 32 to 44 of this act shall be known as "The Surety Recovery Agent Licensure Act".

     Section 33. As used in sections 32 to 44 of this act, the following terms mean:

     (1) "Board", the professional bail bondsman licensing board created in section 3 of this act;

     (2) "Licensed surety recovery agent", a person who is licensed as a surety recovery agent by the board;

     (3) "Surety recovery", the tracking down and capturing of a defendant who has violated a bail bond agreement.

     Section 34. No person shall hold himself or herself out as being a surety recovery agent in this state, unless such person is licensed in accordance with the provisions of sections 32 to 44 of this act.

     Section 35. The professional bail bondsman licensing board shall have authority to license all surety recovery agents in this state. The board shall have control and supervision over the licensing of such agents and the enforcement of the terms and provisions of sections 32 to 44 of this act.

     Section 36. The board shall have power to:

     (1) Set and determine the amount of the fees which sections 32 to 44 of this act authorize and require. The fees shall be set at a level sufficient to produce revenue which shall not substantially exceed the cost and expense of administering sections 32 to 44 of this act;

     (2) Determine the sufficiency of the qualifications of applicants for licensure;

     (3) Issue credentials and identification documents and cards to surety recovery agents; and

     (4) Promulgate rules and regulations necessary to administer and enforce the provisions of sections 32 to 44 of this act, however, no rule or portion of a rule promulgated pursuant to the authority of sections 32 to 44 of this act shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     Section 37. The board shall license all surety recovery agents in this state, who meet the requirements of sections 32 to 44 of this act.

     Section 38. 1. A candidate for a surety recovery agent's license shall be at least twenty-one years of age. A candidate shall furnish evidence of such person's qualifications by completing an approved licensed surety recovery agent course with at least one hundred sixty hours of minimum training approved by the board, which shall include, but not be limited to, firearms safety and use, constitutional law and the legal use of force.

     2. No license shall be granted unless the candidate or the professional bail bond company, as defined in section 1 of this act, employing such candidate has obtained a one million dollar bond or a one million dollar insurance policy insuring against any damages to persons or property caused by the candidate.

     Section 39. The board shall issue a license to any surety recovery agent who is licensed or certified in another jurisdiction and who has had no violations, suspensions or revocations of a license or certification for surety recovery in any jurisdiction, provided that, such person is licensed or certified in a jurisdiction whose requirements are substantially equal to, or greater than, the requirements for licensing of surety recovery agents in Missouri at the time the applicant applies for a license and that the applicant has proof of a one million-dollar bond or one million-dollar liability insurance policy. Every applicant for a license pursuant to this section, upon making application and showing the necessary qualifications as provided in subsection 1 of this section, shall be required to pay the same fee as the fee required to be paid by resident applicants. Within the limits provided in this section, the board may negotiate reciprocal compacts with licensing boards of other states for the admission of licensed surety recovery agents from Missouri in other states.

     Section 40. 1. Every person licensed pursuant to sections 32 to 44 of this act shall, on or before the license renewal date, apply to the board for a licensure renewal for the ensuing licensing period. The application shall be made on a form furnished to the applicant and shall state the applicant's full name, the applicant's business address, the address at which the applicant resides, the date the applicant first received a license and the applicant's surety recovery agent identification number, if any.

     2. A blank form for the application for licensure renewal shall be mailed to each person licensed in this state at the person's last known address. The failure to mail the form of application or the failure of a person to receive it does not, however, relieve any person of the duty to be licensed and to pay the fee required by sections 32 to 44 of this act nor exempt such person from the penalties provided by sections 32 to 44 of this act for failure to be licensed.

     Section 41. Each applicant for licensure renewal shall accompany such application with a licensure renewal fee to be paid to the director of the division of professional registration for the licensing period for which licensure renewal is sought.

     Section 42. Any person who holds himself or herself out to be a licensed surety recovery agent within this state or claims that the person can render surety recovery agent services or any person who conducts a surety recovery in this state and who, in fact, does not hold a valid surety recovery agent's license is guilty of a class D felony and, upon conviction, shall be punished as provided by law.

     Section 43. 1. A licensed surety recovery agent having probable grounds to believe a defendant, free on their bond, has failed to appear as directed by a court, has breached the terms of the defendant's surety agreement, or has taken a substantial step toward absconding may use reasonable means to capture and surrender the defendant subject to subsections 1 to 6 of this section.

     2. No person shall hold himself or herself out to be a surety recovery agent in this state unless that person is licensed in accordance with the provisions of sections 32 to 44 of this act.

     3. No surety recovery agent may use or threaten the use of deadly force, or display a deadly weapon while capturing, detaining, or transporting the defendant, unless the defendant is wanted for a felony or misdemeanor.

     4. No surety recovery agent shall make a forcible entry of the defendant's residence or abode unless the defendant is wanted for a felony or a misdemeanor. No surety recovery agent shall make a forcible entry of the defendant's residence or abode unless the surety recovery agent first informs the local law enforcement agency of who the defendant is and the address where such forcible entry will be made. A surety recovery agent shall take all reasonable and necessary steps to confirm that the address where such forcible entry is to be made is in fact the residence or abode of the defendant.

     5. No surety recovery agent shall make a forcible entry of any dwelling, abode or business other than the residence or abode or business of a defendant wanted for a felony or misdemeanor.

     6. To surrender a defendant to a court a licensed surety recovery agent may do the following:

     (1) Detain a defendant in a reasonable manner for a reasonable time not to exceed seventy-two hours;

     (2) Transport a defendant in a reasonable manner from state to state and county to county to a place of authorized surrender.

     7. Nothing in this section shall preclude a surety recovery agent from using lawful self-defense.

     Section 44. 1. The one million-dollar bond or one million-dollar liability insurance policy required for licensing shall be used to pay any damages found pursuant to this section. Any recovery for such damages, actual or punitive, shall not be limited to the one million-dollar bond or policy.

     2. Liability for damages pursuant to this section shall be joint and several for the surety recovery agent and the professional bail bond company, whether licensed or not, who employs or contracts with the surety recovery agent."; and

     Further amend said bill, Page 56, Section B, Line 22 of said page, by inserting immediately after said line the following:

     "Section C. Because immediate action is necessary to clarify the bail bondsman law sections 1 to 44 of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and sections 1 to 44 of this act are hereby declared to be an emergency act within the meaning of the constitution, and sections 1 to 44 of this act shall be in full force and effect upon its passage and approval."; and

     Further amend the title and enacting clause accordingly.

     Senator Clay moved that the above amendment be adopted.

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

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Substitute for Senate Bill No. 248, Pages 6-35, Sections 1-44, by deleting the word "bondsman" anywhere it appears in said sections and inserting in lieu thereof the word "bondsperson".

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

     SA 1, as amended, was again taken up.

     Senator Clay requested a roll call vote be taken and was joined in his request by Senators Childers, Jacob, Kinder and Lybyer.

     Under the provisions of Senate Rule 90, Senator Banks requested to be excused from voting on SA 1, as amended, which request was granted.

     SA 1, as amended, failed of adoption by the following vote:
Yeas--Senators
CaskeyClayHouseJacob
JohnsonLybyerMaxwellQuick--8
Nays--Senators
BentleyChildersDePascoEhlmann
FlotronGoodeGravesHoward
KenneyKinderKlarichMathewson
McKennaMuellerRohrbachRussell
SchneiderScottSingletonWestfall
WigginsYeckel--22
Absent--Senators
CurlsSimsStaples--3
Absent with leave--Senators--None
Excused from voting--Senators--Banks--1

     Senator Lybyer offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Bill No. 248, Page 41, Section 488.023, Line 26 of said page, by inserting immediately after all of said line the following:

     "508.075. 1. Each court of this state shall decline to exercise jurisdiction of any cause of action accruing outside the circuit in which the court is located if there is another forum with jurisdiction of the parties in which the trial can be more appropriately held taking into account the following:

     (1) Place of accrual of the cause of action;

     (2) Location of witnesses;

     (3) The residence of the parties; and

     (4) The public factor of the convenience to and burden upon the court.

If upon motion of any party, filed not later than ninety days after the last day allowed for the filing of that party's answer, such party makes an evidentiary showing that the existing forum constitutes an inconvenient forum based on the above factors the court, upon such showing, shall dismiss the action without prejudice on any conditions that may be just or transfer the case to a convenient forum.

     2. If a court dismisses an action pursuant to subsection 1 of this section, the dismissal shall be under the following conditions:

     (1) If the plaintiff elects to file the action in another forum within one year of the dismissal order, the defendant shall accept service of process from that court; and

     (2) If the plaintiff elects to file the action in another forum within one year of the dismissed order, and the statute of limitations has run in the other forum, the defendant shall waive that defense.

If the defendant refuses to abide by the conditions of this subsection, the cause of action shall be reinstated in the court in which the dismissal was granted, or if the court in the other forum refuses to accept jurisdiction, the plaintiff may, within sixty days of the final order refusing jurisdiction, reinstate the cause of action in the court in which the dismissal was granted.

     3. If a court transfers a case pursuant to subsection 1 of this section, the clerk of the court from which the transfer is granted shall immediately certify and transmit to the clerk of the court to which the transfer is ordered the originals of all papers filed in the case together with copies of all orders entered in such case."; and

     Further amend the title and enacting clause accordingly.

     Senator Lybyer moved that the above amendment be adopted.

     Senator Caskey raised the point of order that SA 2 is out of order in that it goes beyond the scope and purpose of the original bill.

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

     Senator Schneider moved that SS for SB 248 be adopted, which motion prevailed.

     On motion of Senator Schneider, SS for SB 248 was declared perfected and ordered printed.

     Senator Staples moved that SB 20 be taken up for perfection, which motion prevailed.

     On motion of Senator Staples, SB 20 was declared perfected and ordered printed.

     Senator Lybyer moved that SB 21, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 21, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 21

     An Act to repeal section 67.1300, RSMo Supp. 1996, relating to a local sales tax for certain counties, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     Was taken up.

     Senator Lybyer moved that SCS for SB 21 be adopted.

     At the request of Senator Lybyer, SB 21, with SCS (pending), was placed on the Informal Calendar.

     Senator Staples assumed the Chair.

     Senator McKenna moved that SB 345, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 345, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 345

     An Act to repeal sections 572.010, 572.070 and 572.125, RSMo 1994, relating to gambling, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

     Was taken up.

     Senator McKenna moved that SCS for SB 345 be adopted.

     Senator McKenna offered SS for SCS for SB 345, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 345

     An Act to repeal sections 572.010, 572.070 and 572.125, RSMo 1994, relating to the crime of gambling, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

     Senator McKenna moved that SS for SCS for SB 345 be adopted.

     Senator DePasco offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 345, Page 6, Section 572.125, Line 21, by inserting immediately after all of said line the following:

     "Section 1. 1. No person, bank, holding company, trust company, partnership, association, corporation or other legal entity may establish, maintain or operate an automated device that processes financial transactions which involve credit cards on an excursion gambling boat. For purposes of this section, term "credit card" shall be as defined in the Consumer Credit Protection Act, 15 U.S.C. Section 1602 (k), or successor acts, and the term "excursion gambling boat" shall be as defined in section 313.800.

     2. Violation of the provisions of subsection 1 of this section shall be a class C misdemeanor."; and

     Further amend the title and enacting clause accordingly.

     Senator DePasco moved that the above amendment be adopted.

     At the request of Senator DePasco, SA 1 was withdrawn.

     Senator McKenna moved that SS for SCS for SB 345 be adopted, which motion prevailed.

     Senator McKenna moved that SS for SCS for SB 345 be declared perfected and ordered printed, which motion failed on a standing division vote.

     Senator Sims moved that SB 327, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 327, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 327

     An Act to amend chapter 197, RSMo, by adding thereto eleven new sections relating to transfers of assets by nonprofit hospitals, with an emergency clause.

     Was taken up.

     Senator Sims moved that SCS for SB 327 be adopted.

     Senator Sims offered SS for SCS for SB 327, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 327

     An Act to amend chapter 355, RSMo, by adding thereto eleven new sections relating to transfers of assets by nonprofit hospitals, with an emergency clause.

     Senator Sims moved that SS for SCS for SB 327 be adopted, which motion prevailed

     On motion of Senator Sims, SS for SCS for SB 327 was declared perfected and ordered printed.

REPORTS OF STANDING COMMITTEES

     Senator Scott, Chairman of the Committee on Corrections and General Laws, submitted the following reports:

     Mr. President: Your Committee on Corrections and General Laws, to which was referred HB 229, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Corrections and General Laws, to which was referred HB 633, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Senator Banks, Chairman of the Committee on Public Health and Welfare, submitted the following report:

     Mr. President: Your Committee on Public Health and Welfare, to which was referred HB 762, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Senator Lybyer, Chairman of the Committee on Appropriations, submitted the following reports:

     Mr. President: Your Committee on Appropriations, to which was referred HB 1, begs leave to report that it has considered the same and recommends that the bill do pass.

     Also,

     Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 2, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 3, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 4, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 5, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 6, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 7, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 8, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 9, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 10, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 11, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Also,

     Mr. President: Your Committee on Appropriations, to which was referred HCS for HB 12, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator Goode, Chairman of the Committee on Commerce and Environment, submitted the following report:

     Mr. President: Your Committee on Commerce and Environment, to which was referred HB 709, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

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

RECESS

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

RESOLUTIONS

     Senator House offered Senate Resolution No. 574, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Charles William Stumbaugh, Montgomery City, which was adopted.

     Senator Bentley offered Senate Resolution No. 575, regarding John Q. Hammons, Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 576, regarding The Child Advocacy Center, Inc., Springfield, which was adopted.

     Senator Graves offered Senate Resolution No. 577, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Gilbert Buhman, Stanberry, which was adopted.

     Senator Graves offered Senate Resolution No. 578, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Sylvester Welch, Parnell, which was adopted.

     Senator Maxwell offered Senate Resolution No. 579, regarding the Hannibal-LaGrange College Trojan Women's Basketball Team, which was adopted.

REPORTS OF STANDING COMMITTEES

     Senator Mathewson, Chairman of the Committee on Local Government and Economic Development, submitted the following reports:

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 31, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 41, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 95, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 125, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Bill No. 125, Page 1, Section 85.541, Line 8, by inserting after the word "of" the following: "not less than three, but".

     Also,

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 609, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 689, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 651, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

SENATE BILLS FOR PERFECTION

     Senator Caskey moved that SB 360, with SCA 1, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

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

     Senator Caskey offered SS for SB 360, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 360

     An Act to repeal sections 151.020, 153.030, 160.538, 162.081, 162.705, 163.036, 165.121, 166.260, 167.131 and 168.221, RSMo 1994, and sections 160.534, 163.011, 163.021, 163.031, 164.011, 165.011, 165.111, 166.275 and 166.300, RSMo Supp. 1996, relating to education, and to enact in lieu thereof thirty new sections relating to the same subject, with an emergency clause for a certain section.

     Senator Caskey moved that SS for SB 360 be adopted.

     Senator Scott assumed the Chair.

     Senator Staples requested unanimous consent of the Senate to allow the Senate Transportation Committee to meet while the Senate is in session, which request was granted.

     Senator Mathewson assumed the Chair.

     Senator Staples resumed the Chair.

     Senator Clay assumed the Chair.

     Senator Johnson resumed the Chair.

     At the request of Senator Caskey, SB 360, with SS (pending), was placed on the Informal Calendar.

     Senator Lybyer moved that SB 21, with SCS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SCS for SB 21 was again taken up.

     Senator Lybyer moved that SCS for SB 21 be adopted, which motion failed.

     SB 21 was taken up.

     Senator Clay offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Bill No. 21, Page 4, Section 67.1300, Line 119, by inserting immediately after said line the following:

     "Section 1. 1. The governing body of any city not within a county is hereby authorized to impose, by ordinance or order, a sales tax on all retail sales which are subject to taxation under the provisions of sections 144.010 to 144.525, RSMo, for the purpose of funding medical care for the medically indigent. For the purposes of this section, the term "medically indigent" shall mean those individuals and families who do not have employer-sponsored health insurance, coverage under the Medicaid or Medicare programs, or income levels, as determined by the city imposing the tax, sufficient to purchase adequate health insurance coverage. The tax authorized by this section shall be in addition to any and all other sales taxes allowed by law. The ordinance or order shall become effective after the governing body of the city shall submit to the voters of that city a proposal to authorize the tax.

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

     Shall the city of .................(name of city) impose a sales tax of ................(insert amount) for the purpose of funding medical care for the medically indigent?

          [ ] Yes     [ ] No

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

If a majority of the votes cast on the proposal by the qualified voters voting thereon are in favor of the proposal, then the ordinance or order shall be in effect, beginning the first day of the second calendar quarter following its adoption. If a majority of the votes cast by the qualified voters voting are opposed to the proposal, then the governing body of the city shall have no power to impose the sales tax authorized in this section unless and until the governing body of the city shall again have submitted another such proposal and the proposal is approved by the requisite majority of the qualified voters voting thereon. However, in no event shall a proposal pursuant to this section be submitted to the voters sooner than twelve months from the date of the last proposal submitted pursuant to this section.

     3. After the effective date of any tax imposed under the provisions of this section, the director of revenue shall perform all functions incident to the administration, collection, enforcement, and operation of the tax in the same manner as provided in sections 94.500 to 94.550, and the director of revenue shall collect in addition to the sales tax for the state of Missouri the additional tax authorized under the authority of this section. The tax imposed pursuant to this section and the tax imposed under the sales tax law of the state of Missouri shall be collected together and reported upon such forms and under such administrative rules and regulations as may be prescribed by the director of revenue. Except as modified in this section, all provisions of sections 32.085 and 32.087, RSMo, shall apply to the tax imposed under this section.

     4. The sales tax may be approved at a rate of one-eighth of one percent, one-fourth of one percent, three-eighths of one percent, one half of one percent, five-eighths of one percent, three-fourths of one percent, seven-eighths of one percent, or one percent of the receipts from the sale at retail of all tangible personal property and taxable services at retail within any city adopting such tax, if such property and services are subject to taxation by the state of Missouri under the provisions of sections 144.010 to 144.525, RSMo.

     5. All revenue generated from the tax authorized under the provisions of this section shall be deposited into the "Medical Indigence Sales Tax Fund", which is hereby created in the state treasury. The fund moneys shall be distributed to the city from which the revenue was generated for the sole purpose of funding medical care for the medically indigent, as that term is defined in this section. Once the tax authorized by this section is abolished or terminated by any means, all funds remaining in the fund shall be used solely for that purpose."; and

     Further amend the title and enacting clause accordingly.

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

     At the request of Senator Lybyer, SB 21, as amended, was placed on the Informal Calendar.

     SB 466 was placed on the Informal Calendar.

     SB 326 was placed on the Informal Calendar.

     SB 2 was placed on the Informal Calendar.

     SB 274, with SCS, was placed on the Informal Calendar.

     SJR 9, with SCA 1, was placed on the Informal Calendar.

     Senator Wiggins moved that SB 457 and SB 458, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SBs 457 and 458, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 457 and 458

     An Act to repeal section 143.751, RSMo 1994, relating to taxation, and to enact in lieu thereof two new sections relating to the same subject.

     Was taken up.

     Senator Wiggins moved that SCS for SBs 457 and 458 be adopted, which motion prevailed.

     On motion of Senator Wiggins, SCS for SBs 457 and 458 was declared perfected and ordered printed.

     SB 298, with SCA 1, was placed on the Informal Calendar.

     Senator Howard moved that SB 319, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 319, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 319

     An Act to repeal section 191.331, RSMo 1994, relating to newborn testing, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up.

     Senator Howard moved that SCS for SB 319 be adopted.

     Senator Singleton offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Bill No. 319, Page 1, Line 11, by adding following the word "licensed", the words "certified nurse"; and

     Further amend by adding on page 2, line 29, following the word "licensed" the words "certified nurse"; and

     Further amend by adding on page 2, line 36, following the word "licensed" the words "certified nurse"; and

     Further amend by adding on page 3, line 53, following the word "licensed" the words "certified nurse".

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

     Senator Howard moved that SCS for SB 319, as amended, be adopted, which motion prevailed.

     On motion of Senator Howard, SCS for SB 319, as amended, was declared perfected and ordered printed.

     Senator DePasco moved that SB 298, with SCA 1, be called from the Informal Calendar and taken up for perfection.

     SCA 1 was taken up.

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

     On motion of Senator DePasco, SB 298, as amended, was declared perfected and ordered printed.

     Senator Lybyer moved that SB 21, as amended, be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     Senator Graves offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Bill No. 21, Page 1, Section 67.1300, Line 10, by inserting before the word "or" the following: "or a county of the third classification without a township form of government and with a population of at least seven thousand four hundred but less than eight thousand inhabitants".

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

     On motion of Senator Lybyer, SB 21, as amended, was declared perfected and ordered printed.

REPORTS OF STANDING COMMITTEES

     Senator Banks, Chairman of the Committee on Public Health and Welfare, submitted the following report:

     Mr. President: Your Committee on Public Health and Welfare, to which was referred HB 309, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SS for SCS for SB 327; and SS for SB 275, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

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 82, entitled:

     An Act to repeal section 407.469, RSMo 1994, relating to disclosures of certain fund-raising costs, 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 820, entitled:

     An Act relating to crime of aggravated harassment of an employee by an inmate, with penalty provisions.

     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 802, entitled:

     An Act to authorize the conveyance of certain real property in Jefferson City to the St. Louis Health Care Network.

     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 823, entitled:

     An Act to repeal sections 217.010 and 217.777, RSMo Supp. 1996, relating to community corrections, 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 642, entitled:

     An Act to repeal section 197.400, RSMo 1994, and section 197.445, RSMo Supp. 1996, relating to home health agencies, 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 470, entitled:

     An Act to repeal section 137.021, RSMo 1994, relating to real property, 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 844, entitled:

     An Act to repeal section 56.265, RSMo Supp. 1996, relating to county prosecutors, 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 813, entitled:

     An Act to repeal sections 233.135, 233.140, and 233.185, RSMo 1994, relating to certain special road districts, and to enact in lieu thereof four 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 816, entitled:

     An Act to repeal section 190.309, RSMo Supp. 1996, relating to certain emergency telephone boards, 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 592, entitled:

     An Act relating to certain cemeteries.

     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 348, entitled:

     An Act to repeal section 147.040, RSMo 1994, and section 147.120, RSMo Supp. 1996, relating to Missouri corporation franchise tax, and to enact in lieu thereof two new sections relating to the same subject, with an effective date.

     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 821, entitled:

     An Act relating to expense reimbursement for members of certain boards and commissions.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HBs 493 and 39, entitled:

     An Act to repeal sections 174.620 and 175.021, RSMo 1994, and sections 172.035, 174.055 and 174.610, RSMo Supp. 1996, relating to certain institutions of higher education, and to enact in lieu thereof twelve new sections relating to the same subject, with an expiration date.

     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 SCS for SB 430.

     With House Substitute Amendment No. 1 for House Committee Amendment No. 1, House Amendment No. 1, House Amendment No. 2.

HOUSE SUBSTITUTE AMENDMENT NO. 1 FOR

HOUSE COMMITTEE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Bill No. 430, Page 4, Section 5, Line 48, by inserting after said line the following:

     "(2) In referring offenders to local volunteer community boards for probation supervision pursuant to this section, the court is encouraged to select those volunteers who live in close geographical proximity to the community in which the crime is alleged to have occurred for supervision purposes."; and

     Further amend said section, line 49, by striking the following: "(2)," and inserting in lieu thereof the following: "(3)".

HOUSE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Bill No. 430, Page 1, In the Title, Line 5, by inserting after the word "sections" the following: "and with a termination date for a certain section"; and

     Further amend said bill, Page 3, Section 217.440, Line 8, by inserting at the end of said line the following: "The provisions of this section shall terminate December 31, 2000."; and

     Further amend said bill, Page 4, Section 217.777, Line 39, by deleting the word "In" and inserting in lieu thereof the following: "Until December 31, 2000, in".

HOUSE AMENDMENT NO. 2

     Amend Senate Committee Substitute for Senate Bill No. 430, Page 10, Section B, Line 7, by adding immediately after said line, the following:

     "Section 1. 1. In any action challenging any rule promulgated pursuant to the provisions of this bill, the agency as defined in section 536.010 promulgating such rule shall be required to prove by a preponderance of the evidence that the rule or threatened application of the rule is valid, is authorized by law, is not in conflict with any law and is not arbitrary and capricious.

     2. The court shall award reasonable fees and expenses as defined in section 536.085 to any party who prevails in such action.

     3. All rules promulgated pursuant to the provisions of this section shall expire on August 28 of the year after the year in which the rule became effective unless the General Assembly extends by statute the rule or set of rules beyond that date to a date specified by the General Assembly.

     4. Any rulemaking authority granted pursuant to the provisions of this bill is subject to any rulemaking authority contained in Chapter 536 including any subsequent amendments to Chapter 536.

     5. The provisions of this section shall terminate if legislation amending the provisions of section 536.024 has been signed into law prior to the effective date of this Act.".

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for HB 335, entitled:

     An Act to repeal sections 354.400, 354.405, 354.410, 354.430, 354.470, 354.490, 354.505, 354.515, 354.535, 374.500, 374.507, 374.510 and 538.205, RSMo 1994, and sections 376.381 and 376.811, RSMo Supp. 1996, relating to managed care organizations, and to enact in lieu thereof sixty-four new sections relating to the same subject, with penalty provisions.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

RESOLUTIONS

     Senator Sims offered Senate Resolution No. 580, regarding Jeff Brenning, Breckenridge Hills, which was adopted.

     Senator Yeckel offered Senate Resolution No. 581, regarding Andrew Thomas LaRose, St. Louis, which was adopted.

     Senator Yeckel offered Senate Resolution No. 582, regarding Timothy Ryan LaRose, St. Louis, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Sims introduced to the Senate, Justin Hakes, Christina Hill, Sean Mongey and Tiffany Woods, St. Louis.

     Senator Staples introduced to the Senate, Susan Kohn and twelve nursing students from Mineral Area College.

     Senator Kenney introduced to the Senate, Karen Levy, St. Charles.

     Senator Schneider introduced to the Senate, students from St. Williams Elementary School, St. Louis; and Jeremy Kuhle, Matt Frank, Brian Davis and Lindsey Stubbs were made honorary pages.

     Senator Caskey introduced to the Senate, Sandy Hutchinson, Holly Schmitz, and fifteen seventh and eighth grade students from Shawnee R-III School, Chilhowee; and Ashley Thomas, Vic Mothersbaugh and Zeke Curry were made honorary pages.

     Senator Graves introduced to the Senate, Steve Kinyon, and sixty eighth grade students from Nodaway-Holt School District.

     Senator Westfall introduced to the Senate, Kathy Houck, and eighteen seventh and eighth grade students from St. Mary School, Pierce City.

     Senator Rohrbach introduced to the Senate, Faye Mooney and Nathan Wilhoit, Eldon; Chris Rehagen, St. Elizabeth; Janie Graves, Tuscumbia; and Chris Byrd, Lake Ozark.

     Senator Graves introduced to the Senate, nurses from North Central Missouri College.

     Senator Caskey introduced to the Senate, James Hill, Phil Brillhart, Bob Evers, Mike Van Aken and Robert Norman, Raymore.

     Senator Childers introduced to the Senate, a delegation of EXCEL Leadership Group from Douglas and Howell Counties.

     Senator Bentley introduced to the Senate, Melba Hosmer, Martha Jean Amos and Dorothy Douthit, Springfield.

     Senator Goode introduced to the Senate, Fran Dennis, Pat Finnell, and student nurses from St. Louis Community College, Florissant Valley.

     Senator Klarich introduced to the Senate, John and Carol Generally, Union.

     Senator Quick introduced to the Senate, Mary Langer, Jane Rowland, and fourteen students from Oak Park High School, North Kansas City.

     Senator Childers introduced to the Senate, members of the Lions Club and VFW, Shell Knob.

     Senator Howard introduced to the Senate, Gary and C.J. Westmorlan, Hornersville; and Penny Broglin and Robert Moore, Kennett.

     Senator Wiggins introduced to the Senate, Richard Dolginow, Marty Hugo, Keith Pence and Pack 84 Boy Scouts from Country Club Christian Church, Kansas City; and David Dolginow, P.J. Mingos, Hunt Bascom, Adam Hugo and Andy Pence were made honorary pages.

     Senator Westfall introduced to the Senate, Jimmie Rice, Caren Hertzberbe, and students from Vernon County School, Nevada; and Melody Morgan, Shane Clinton, Kristen Caldwell, Erin Culbertson and Darcy Hertzberbe were made honorary pages.

     Senator Caskey introduced to the Senate, Barbara and Howard Sherman; Brandon Wackerman, Butler; Brian Dizney, Adrian; and Matt Griffith, Ballard.

     Senator Curls introduced to the Senate, Stacey Daniels, Kansas City.

     Senator Schneider introduced to the Senate, Chauncey Trawick, and students from Duchesne Elementary School, St. Louis; and Erica Wilkins, Katie Bradshaw, Markita Wallace and Michelle Guenther were made honorary pages.

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