Journal of the Senate

FIRST REGULAR SESSION


FIFTY-SECOND DAY--TUESDAY, APRIL 15, 1997


     The Senate met pursuant to adjournment.

     Senator Mathewson in the Chair.

     Senator Mueller offered the following prayer:

     Dear Heavenly Father, we thank You for the blessings You have given our nation. We thank You for the wonders of freedom and the opportunities to live our lives in peace. This is the day we become ever so aware of the material costs necessary to support our government. 1040 forms must be filed by midnight tonight so that our way of government may be saved. Let us be mindful of the cost Your Son paid for our lives. Not with gold or silver but with his precious blood, that through Him, our lives may be saved. 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
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesWestfallWigginsYeckel--32
Absent with leave--Senators
ClayScott--2

     President Pro Tem McKenna assumed the Chair.

CONCURRENT RESOLUTIONS

     Senator Quick moved that HCR 12 be taken up for adoption, which motion prevailed.

     On motion of Senator Quick, HCR 12 was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGraves
HouseHowardJohnsonKenney
KinderKlarichLybyerMathewson
McKennaMuellerQuickRohrbach
RussellSchneiderSimsSingleton
WestfallWigginsYeckel--27
Nays--Senators--None
Absent--Senators
CurlsGoodeJacobMaxwell
Staples--5
Absent with leave--Senators
ClayScott--2

SENATE BILLS FOR PERFECTION

     Senator Quick moved that SB 449, with SCA 1, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

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

     On motion of Senator Quick, SB 449, as amended, was declared perfected and ordered printed.

     Senator Mueller moved that SB 173 be taken up for perfection, which motion prevailed.

     Senator Klarich offered SS for SB 173, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 173

     An Act to amend chapter 537, RSMo, by adding one new section relating to claims against certain licensed professionals.

     Senator Klarich moved that SS for SB 173 be adopted.

     Senator Childers offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Bill No. 173, Page 2, Section 537.800, Line 14, by inserting after said line the following:

     "7. The provisions of this section shall not apply to actions filed in small claims court pursuant to chapter 482, RSMo.".

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

     Senator Klarich moved that SS for SB 173, as amended, be adopted, which motion prevailed.

     On motion of Senator Mueller, SS for SB 173, as amended, was declared perfected and ordered printed.

     Senator Kinder moved that SB 49, SB 213, SB 130, SB 32, SB 235 and SB 221, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SBs 49, 213, 130, 32, 235 and 221, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 49, 213, 130, 32, 235 and 221

     An Act to repeal sections 70.820, 252.085 and 575.010, RSMo 1994, and section 571.030, RSMo Supp. 1996, relating to criminal procedure, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.

     Was taken up.

     Senator Kinder moved that SCS for SBs 49, 213, 130, 32, 235 and 221 be adopted.

     Senator Singleton offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Bills Nos. 49, 213, 130, 32, 235 and 221, Page 4, Section 252.085, Line 39, by inserting immediately after said line the following:

     "565.082. 1. A person commits the crime of assault of a law enforcement officer in the second degree if [he] such person:

     (1) Attempts to cause or knowingly causes physical injury to a law enforcement officer by means of a deadly weapon or dangerous instrument;

     (2) Recklessly causes serious physical injury to a law enforcement officer; [or]

     (3) While in an intoxicated condition or under the influence of controlled substances or drugs, operates a motor vehicle in this state and when so operating, acts with criminal negligence to cause physical injury to a law enforcement officer[.]; or

     (4) Knowingly attempts, by means of force, to take any deadly weapon from the possession of a law enforcement officer.

     2. Assault of a law enforcement officer in the second degree is a class B felony."; and

     Further amend said bill, page 8, section 575.010, line 34, by inserting immediately after said line the following:

     "575.330. 1. A person is guilty of evading a peace officer if such person:

     (1) Is operating a motor vehicle;

     (2) Is directed to bring the motor vehicle to a stop by:

     (a) A verbal direction of a peace officer;

     (b) The activation of emergency lights or siren or both of a police vehicle; or

     (c) A peace officer conducted roadblock; and

     (3) Takes deliberate actions to avoid being stopped by a peace officer.

     2. Evading a peace officer is a class C felony if:

     (1) The purpose of the evasion is to avoid the detection of a felony act;

     (2) The purpose of the evasion is to avoid a felony arrest;

     (3) In the act of evasion, such person causes property damage to another;

     (4) In the act of evasion, such person causes physical injury to another person;

     (5) In the act of evasion, such person commits three or more traffic violations;

     (6) Such person has one or more prior convictions for evading a peace officer; or

     (7) Such evasion is committed in an intoxicated condition or under the influence of a controlled substance.

     3. Evading a peace officer is a class A misdemeanor if:

     (1) The purpose of the evasion is to avoid the detection of a misdemeanor act; or

     (2) The purpose of the evasion is to avoid a misdemeanor arrest."; and

     Further amend the title and enacting clause accordingly.

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

     Senator House offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Committee Substitute for Senate Bills Nos. 49, 213, 130, 32, 235 and 221, Page 9, Section 577.068, Line 26, by inserting immediately after said line the following:

     "590.105. 1. A program of mandatory standards for the basic training and certification of peace officers and a program of optional standards for the basic training and certification of reserve officers in this state is hereby established. The peace officer standards and training commission shall establish the minimum number of hours of training and core curriculum. In no event, however, shall the commission require more than one thousand hours of such training for either peace or reserve officers employed by any state law enforcement agency, or more than six hundred hours of such training for other peace or reserve officers; provided, however, that the minimum hours of training shall be no lower than the following:

     (1) One hundred twenty hours as of August 28, 1993;

     (2) Three hundred hours as of August 28, 1994; and

     (3) Four hundred seventy hours as of August 28, 1996. The higher standards provided in this section for certification after August 28, 1993, shall not apply to any peace or reserve officer certified prior to August 28, 1993, or to deputies of any sheriff's department in any city not within a county requiring no more or less than one hundred twenty hours of training. Certified peace and reserve officers between January 1, 1992, and August 28, 1995, shall only meet the hours of training applicable to the year in which the officer was employed or appointed.

     2. Beginning on August 28, 1996, peace officers shall be required to complete the four hundred fifty hours of training as peace officers and be certified to be eligible for employment. Park rangers appointed pursuant to section 64.335, RSMo, who do not carry firearms shall be exempt from the training requirements of this section.

     3. Bailiffs who are not certified peace officers shall be required to complete a minimum of sixty hours of mandated training, except that any person who has served as a bailiff prior to January 1, 1995, shall not be required to complete the training requirements mandated by this subsection, provided such person's training or experience is deemed adequate by the peace officer standards and training commission in accordance with current standards.

     4. All political subdivisions within this state may adopt standards which are higher than the minimum standards implemented pursuant to sections 590.100 to 590.180, and such minimum standards shall in no way be deemed adequate in those cases in which higher standards have been adopted.

     5. Any federal officer who has the duty and power of arrest on any federal military installation in this state may, at the option of the federal military installation in which the officer is employed, participate in the training program required under the provisions of sections 590.100 to 590.180 and, upon satisfactory completion of such training program, shall be certified by the director in the same manner provided for peace officers, as defined in section 590.100, except that the duty and power of arrest of military officers for violation of the general criminal laws of the state or for violation of ordinances of counties or municipalities of the state shall extend only to the geographical boundaries within which the federal military installation is located. Any costs involved in the training of a federal officer shall be borne by the participating federal military installation.

     6. Notwithstanding any provision of this chapter to the contrary, any peace officer who is employed by a law enforcement agency located within a county of the third classification shall be required to have no more or less than one hundred twenty hours of training for certification if the respective city or county adopts an order or ordinance to that effect.

     7. The peace officers standards and training commission with input from the department of health and the division of family services shall provide a minimum of thirty hours of initial education to all prospective law enforcement officers, except for agents of the conservation commission, concerning domestic and family violence.

     8. The course of instruction and the objectives in learning and performance for the education of law enforcement officers required pursuant to subsection 6 of this section shall be developed and presented in consultation with public and private providers of programs for victims of domestic and family violence, persons who have demonstrated expertise in training and education concerning domestic and family violence, and the Missouri coalition against domestic violence. The peace officers standards and training commission shall consider the expertise and grant money of the national council of juvenile and family court judges, with their domestic and family violence project, as well as other federal funds and grant moneys available for training.

     9. The course of instruction shall include, but is not limited to:

     (1) The investigation and management of cases involving domestic and family violence and writing of reports in such cases, including:

     (a) Physical abuse;

     (b) Sexual abuse;

     (c) Child fatalities;

     (d) Child neglect;

     (e) Interviewing children and alleged perpetrators;

     (2) The nature, extent and causes of domestic and family violence;

     (3) The safety of officers investigating incidents of domestic and family violence;

     (4) The safety of the victims of domestic and family violence and other family and household members;

     (5) The legal rights and remedies available to victims of domestic and family violence, including but not limited to rights and compensation of victims of crime, and enforcement of civil and criminal remedies;

     (6) The services available to victims of domestic and family violence and their children;

     (7) Sensitivity to cultural, racial and sexual issues and the effect of cultural, racial, and gender bias on the response of law enforcement officers and the enforcement of laws relating to domestic and family violence; and

     (8) The provisions of applicable state statutes concerning domestic and family violence.

     10. For the purpose of peace officer certification, all federal law enforcement training hours, or such officially recognized training by other states may be included for certification purposes. The peace officers standards and training commission may require any peace officer who has not completed a Missouri certified peace officer training course to pass a written examination on Missouri criminal law prior to being certified."; and

     Further amend the title and enacting clause accordingly.

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

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

     Senator Wiggins assumed the Chair.

     Senator Rohrbach offered SA 3, which was read:

SENATE AMENDMENT NO. 3

     Amend Senate Committee Substitute for Senate Bills Nos. 49, 213, 130, 32, 235 and 221, Page 6, Section 571.030, Line 63, by inserting between the word "shall" and the word "complete" on said line the words "successfully"; and

     Further amend said bill, page and section, line 65, by adding immediately after the word "agency" on said line the following: "and shall have written authorization from the sheriff of the county of residence".

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

     Senator Rohrbach offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Committee Substitute for Senate Bills Nos. 49, 213, 130, 32, 235 and 221, Pages 3 and 4, Section 252.085, Lines 1-39 of said pages, by striking all of said section and inserting in lieu thereof the following:

     "252.085. 1. All authorized agents of the commission who have attained proper certification as peace officers in accordance with the provisions of chapter 590, RSMo, and all authorized agents of the commission who attain proper certification as instructors under chapter 590, RSMo, are hereby declared to be officers of the state of Missouri and shall be so deemed and taken in all courts having jurisdiction of offenses against the laws of this state.

     2. All such agents shall have full power and authority as now or hereafter vested by law in peace officers when working with and at the special request of the sheriff of any county, or the chief of police of any city, or under the direction of the superintendent of the state highway patrol; except that the authorized agent of the commission who is working in any county as provided in this section and section 252.225 and at the request of any agency other than that of the county sheriff's department shall notify immediately the sheriff or the sheriff's designee of the county where the request originated.

     3. All [such] authorized agents may arrest, without warrant or process of any kind, any person who they have probable cause to believe has committed or is in the process of committing any violation of the laws of the state of Missouri, on all lands owned, operated, managed, or leased by the commission, or when such probable cause is established incidental to the enforcement of the laws of the state of Missouri which such agents have been authorized by statute to enforce on all lands not owned, operated, managed, or leased by the commission.

     4. All [such] authorized agents shall also be declared to be peace officers of the state of Missouri and shall have jurisdiction and may arrest, without warrant or process of any kind, any person who they have probable cause to believe has committed or is in the process of committing a violation of section 569.055, 569.065, 569.067, 569.100, 569.120, 569.140, or 569.150, RSMo, except that no arrest without warrant may be made on any lands not owned, operated, managed or leased by the commission for violations of section 569.100, 569.120, 569.140, or 569.150, RSMo, except upon the complaint of the landowner upon whose land such alleged violation occurred and no arrest may be made without a warrant for the commission of a misdemeanor committed outside the presence of the agent.

     5. In addition to the powers prescribed in this section, all authorized agents may arrest on view, and without a warrant, at any place within this state, any person the agent sees asserting physical force for the purpose of causing or creating a substantial risk or serious injury to any person.".

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

     Senator Kinder moved that SCS for SBs 49, 213, 130, 32, 235 and 221, as amended, be adopted, which motion prevailed on a standing division vote.

     On motion of Senator Kinder, SCS for SBs 49, 213, 130, 32, 235 and 221, as amended, was declared perfected and ordered printed.

HOUSE BILLS ON THIRD READING

     HCS for HB 7, with SCS, entitled:

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Economic Development, Department of Insurance, and the Department of Labor and Industrial Relations, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up by Senator Lybyer.

     SCS for HCS for HB 7, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 7

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Economic Development, Department of Insurance, and the Department of Labor and Industrial Relations, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up.

     Senator Lybyer moved that SCS for HCS for HB 7 be adopted.

     Senator Staples offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 7, Pages 15 and 16, Sections 7.110, 7.115, 7.120 and 7.125, by deleting said sections in their entirety.

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

     Senator Johnson assumed the Chair.

     Senator Mueller offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 7, Page 23, Section 7.700, Line 4, by deleting the number "1,769,744" and inserting in lieu thereof the number "1,569,774"; and

     Further amend said section, line 5, by deleting the number "5,697,927" and inserting in lieu thereof the number "5,497,927".

     Senator Mueller moved that the above amendment be adopted, which motion prevailed on a standing division vote.

     Senator Lybyer moved that SCS for HCS for HB 7, as amended, be adopted, which motion prevailed.

     On motion of Senator Lybyer, SCS for HCS for HB 7, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSingleton
StaplesWestfallWigginsYeckel--28
Nays--Senators--Schneider--1
Absent--Senators
BentleyCurlsSims--3
Absent with leave--Senators
ClayScott--2

     The President declared the bill passed.

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

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

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

     HCS for HB 12, with SCS, entitled:

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Chief Executive's Office and Mansion, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Missouri Prosecuting Attorneys and Circuit Attorneys Retirement System, and the Judiciary and the Office of the State Public Defender, and the several divisions and programs thereof, and for the payment of salaries and mileage of members of the State Senate and the House of Representatives and Contingent expenses of the General Assembly, including salaries and expenses of elective and appointive officers and necessary capital improvements expenditures; for salaries and expenses of members and employees and other necessary operating expenses of the Missouri Commission on Interstate Cooperation, the Committee on Legislative Research, the Committee on Public Employee Retirement, the Committee on Administrative Rules, the Joint Committee on Capital Improvements Oversight and the Joint Committee on Economic Development; and for the expenses of the interim committees established by the General Assembly, to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up by Senator Lybyer.

     SCS for HCS for HB 12, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 12

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Chief Executive's Office and Mansion, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Missouri Prosecuting Attorneys and Circuit Attorneys Retirement System, and the Judiciary and the Office of the State Public Defender, and the several divisions and programs thereof, and for the payment of salaries and mileage of members of the State Senate and the House of Representatives and Contingent expenses of the General Assembly, including salaries and expenses of elective and appointive officers and necessary capital improvements expenditures; for salaries and expenses of members and employees and other necessary operating expenses of the Missouri Commission on Interstate Cooperation, the Committee on Legislative Research, the Committee on Public Employee Retirement, the Committee on Administrative Rules, the Joint Committee on Capital Improvements Oversight and the Joint Committee on Economic Development; and for the expenses of the interim committees established by the General Assembly, to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was taken up.

     Senator Lybyer moved that SCS for HCS for HB 12 be adopted.

     Senator Ehlmann offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 12, Page 2, Section 12.025, Line 4, by adding the following:

     "No funds appropriated herein may be expended unless and until all utilization plans have been agreed to by the governor and the first lady of the State of Missouri.".

     Senator Ehlmann moved that the above amendment be adopted.

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

     Senator Lybyer offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 12, Page 17, Section 12.235, Line 5, by deleting the number "$634,542" and inserting in lieu thereof the number "609,542"; and further amend said section, line 6, by deleting the number "$3,963,245" and inserting in lieu thereof the number "$3,938,245".

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

     Senator Lybyer moved that SCS for HCS for HB 12, as amended, be adopted, which motion prevailed.

     On motion of Senator Lybyer, SCS for HCS for HB 12, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
ChildersDePascoEhlmannFlotron
GoodeGravesHouseJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SingletonWestfallWigginsYeckel--24
Nays--Senators
CaskeyHoward--2
Absent--Senators
BanksBentleyCurlsSchneider
SimsStaples--6
Absent with leave--Senators
ClayScott--2

     The President declared the bill passed.

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

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

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

REPORTS OF STANDING COMMITTEES

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

     Mr. President: Your Committee on Commerce and Environment, to which was referred HB 402, 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 Commerce and Environment, to which was referred HB 82, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

     Mr. President: Your Committee on Public Health and Welfare, to which was referred HB 643, 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. 643, Page 1, Section 197.415, Line 4, by striking the opening bracket "[" and the closing bracket "]" as they appear around the word "annually".

     Senator Howard, Chairman of the Committee on Aging, Families and Mental Health, submitted the following report:

     Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HB 642, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

     Mr. President: Your Committee on Corrections and General Laws, to which was referred HB 63, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Corrections and General Laws, to which was referred HB 592, 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 722, 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 823, 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. 823, Page 1, In the Title, Lines 2 and 3, by deleting all of said lines and inserting in lieu thereof the following:

"To repeal sections 217.010 and 217.777, RSMo Supp. 1996, relating to corrections and to enact in lieu thereof four new sections relating to the same subject, with an emergency clause."; and

     Further amend said bill, Page 1, Section A, Lines 1-3, by deleting all of said lines and inserting in lieu thereof the following:

     "Section A. Sections 217.010 and 217.777, RSMo Supp. 1996, are repealed and four new sections enacted in lieu thereof, to be known as sections 217.010, 217.440, 217.777 and 1, to read as follows:"; and

     Further amend said bill, Page 3, Line 42, by adding after all of said line the following:

     "Section 1. 1. The commissioner of administration is authorized to enter into a contract with a developer for the design and construction of a minimum security correctional facility in any city located within at least four counties.

     2. The commissioner shall advertise for proposers in accordance with the requirements of section 8.250, RSMo. The commissioner shall select the five most qualified design and construction teams and ask each of the five to submit a schematic design proposal for the facility along with a detailed construction bid. The commissioner shall select the proposer who provides the lowest and best proposal based on the pre-established criteria.

     Section B. Because immediate action is necessary to provide for the adequate facilities to incarcerate those who pose a threat to the citizenry, Section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution. Section A of this act shall be in full force and effect upon its passage and approval.".

SENATE BILLS FOR PERFECTION

     Senator Wiggins moved that SB 406, SB 418, SB 339, SB 12, SB 7, SB 110, SB 156 and SB 35, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

     SCS for SBs 406, 418, 339, 12, 7, 110, 156 and 35, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 406, 418, 339, 12, 7, 110, 156 and 35

     An Act to repeal sections 143.124 and 253.401, RSMo 1994, relating to taxation, and to enact in lieu thereof six new sections relating to the same subject, with an effective date for certain sections and an emergency clause for a certain section.

     Was taken up.

     Senator Wiggins moved that SCS for SBs 406, 418, 339, 12, 7, 110, 156 and 35 be adopted.

     Senator Wiggins offered SS for SCS for SBs 406, 418, 339, 12, 7, 110, 156 and 35, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 406, 418, 339, 12, 7, 110, 156 and 35

     An Act to repeal sections 143.111 and 143.171, RSMo 1994, relating to taxation, and to enact in lieu thereof three new sections relating to the same subject, with an effective date for certain sections.

     Senator Wiggins moved that SS for SCS for SBs 406, 418, 339, 12, 7, 110, 156 and 35 be adopted.

     At the request of Senator Wiggins, SB 406, SB 418, SB 339, SB 12, SB 7, SB 110, SB 156 and SB 35, with SCS and SS for SCS (pending), were placed on the Informal Calendar.

HOUSE BILLS ON SECOND READING

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

     HS for HCS for HBs 69 and 179--Judiciary.

     HB 338--Labor and Industrial Relations.

     HCS for HB 369--Financial and Govern-mental Organization.

     HCS for HBs 493 and 39--Education.

     HB 660--Financial and Governmental Organization.

     HS for HCS for HB 738--Civil and Criminal Jurisprudence.

     HB 766--Financial and Governmental Organization.

     HB 787--Education.

     HB 831--Local Government and Economic Development.

     HCS for HJRs 13 and 6--Corrections and General Laws.

REFERRALS

     President Pro Tem McKenna referred HCR 19 and SCR 24 to the Committee on Rules, Joint Rules and Resolutions.

     President Pro Tem McKenna referred HB 229 to the Committee on State Budget Control.

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 HS for HB 389, entitled:

     An Act to repeal section 301.143, RSMo 1994, and sections 301.142 and 302.302, RSMo Supp. 1996, relating to parking for the physically disabled, and to enact in lieu thereof three new sections relating to the same subject, 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 HCS for HB 214, entitled:

     An Act relating to certain merchandising practices.

     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 772, entitled:

     An Act to repeal section 226.270, RSMo 1994, and section 226.967, RSMo Supp. 1996, relating to the department of transportation, 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.

     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.

SIGNING OF BILLS

     The President Pro Tem announced that all other business would be suspended and HB 1 and HB 410, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bills would be signed by the President Pro Tem to the end that they may become law. No objections being made, the bills were so read by the Secretary and signed by the President Pro Tem.

RESOLUTIONS

     Senator Kenney offered Senate Resolution No. 614, regarding Justin Griffin Alexander, Lee's Summit, which was adopted.

     Senator Kenney offered Senate Resolution No. 615, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Glenn C. Biggs, Independence, which was adopted.

     Senator Kenney offered Senate Resolution No. 616, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. William R. Lutes, Blue Springs, which was adopted.

     Senator Kenney offered Senate Resolution No. 617, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Robert M. Audet, Independence, which was adopted.

     Senator Kenney offered Senate Resolution No. 618, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. John Thurman, Independence, which was adopted.

     Senator Kenney offered Senate Resolution No. 619, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. John Harris, Lee's Summit, which was adopted.

     Senator Kenney offered Senate Resolution No. 620, regarding Mark McColpin, Lee's Summit, which was adopted.

     Senator Kenney offered Senate Resolution No. 621, regarding the One Hundred First Birthday of Mr. Ed Bales, Lee's Summit, which was adopted.

     Senator Kenney offered Senate Resolution No. 622, regarding Matt Mossie, Lee's Summit, which was adopted.

     Senator Kenney offered Senate Resolution No. 623, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Herman Mollmann, Lee's Summit, which was adopted.

     Senator Yeckel offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 624

     WHEREAS, the members of the Missouri Senate enjoy a long, proud tradition of recognizing exceptional educators who have dedicated themselves to the advancement of the cause of quality education; and

     WHEREAS, at the completion of the 1996-97 academic year, Charlotte Ann Digiovanni will retire from her teaching position with the Lindbergh School District; and

     WHEREAS, Charlotte Digiovanni is known, admired, and respected as a conscientious, patient, and caring developmental reading teacher who has consistently conducted her classroom with the highest standards while expertly assisting her students in learning the fundamentals of reading; and

     WHEREAS, a twenty-seven-and-one-half-year veteran of the classroom, Charlotte Digiovanni earned her Bachelor of Science degree in Education and her Master's degree in Reading from the University of Missouri-St. Louis prior to serving as fourth grade teacher in the Lindbergh District for eleven years; and

     WHEREAS, Charlotte Digiovanni has distinguished herself as a member and district representative of the St. Louis Suburban IRA; as a member of the International Reading Association who regularly attended the organization's annual reading conventions; and as member, building advisor, convention delegate, corresponding secretary, vice president, and president of the Missouri State Teachers Association; and

     WHEREAS, a member of the board of directors for the Educational Employees Credit Union for six years, Charlotte Digiovanni is an active member of her community who volunteers her time and expertise for the Cancer Society, the American Heart Association, the YMCA Tutorial Advisory Board, and various community improvements and school-related issues; and

     WHEREAS, a native of Rock Point and the beloved daughter of Joe and Pauline Bland, Charlotte Digiovanni has been richly blessed with the love and affection of her wonderful family which includes her husband, Charlie Digiovanni (who passed to his eternal reward in June, 1993); her daughter and son-in-law, Sharon and Lee Sowell; her son and daughter-in-law, Shane and Erika Digiovanni; and her two grandsons, Nick and Derek:

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, unanimously join with the Lindbergh School District in expressing our most sincere appreciation to Charlotte Digiovanni for her twenty-seven and one-half years of unparalleled service and in wishing her a long, enjoyable retirement replete with many opportunities to read, garden, and travel; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for retiree Charlotte Digiovanni.

     Senator Schneider requested unanimous consent of the Senate that SJR 14, with SCS; SB 386 and SB 372, with SCS; SB 284, with SCS; and SB 404, with SCS, be taken from the Formal Perfection Calendar and placed on the Informal Calendar, which request was granted.

SENATE BILLS FOR PERFECTION

     Senator Schneider moved that SJR 14, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

     SCS for SJR 14, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE JOINT RESOLUTION NO. 14

     Joint Resolution submitting to the qualified voters of Missouri, an amendment to article III of the Constitution of Missouri by adding thereto one new section relating to powers of the legislature concerning rulemaking and the right of citizens to petition for redress of grievances for bureaucratic abuse of rulemaking function.

     Was taken up.

     Senator Schneider moved that SCS for SJR 14 be adopted.

     Senator Flotron offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for Senate Joint Resolution No. 14, Page 1, Section 40, Lines 4 and 7, by striking "or inequitable" and inserting in lieu thereof the following ", inequitable or is beyond the scope of statutory authority".

     Senator Flotron moved that the above amendment be adopted.

     Senator Maxwell assumed the Chair.

     Senator Schneider 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 Committee Substitute for Senate Joint Resolution No. 14, by adding:

", is in conflict with state law or is more restrictive than is necessary to carry out the purposes of the statute granting rule making authority".

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

     SA 1, as amended, was again taken up.

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

     Senator Schneider moved that SCS for SJR 14, as amended, be adopted, which motion prevailed.

     On motion of Senator Schneider, SCS for SJR 14, as amended, was declared perfected and ordered printed.

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 7 as amended and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 8 as amended and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 9 as amended and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 10 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 11 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 12 as amended and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for HB 472, entitled:

     An Act to repeal section 288.038, RSMo 1994, and sections 288.036, 288.040, and 288.050, RSMo Supp. 1996, relating to unemployment compensation, 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 HCS for HB 288, entitled:

     An Act to repeal sections 640.102, 640.115, 640.120, 640.125, 640.130, 644.101, 644.116 and 644.122, RSMo 1994, and section 640.100, RSMo Supp. 1996, relating to public drinking water, and to enact in lieu thereof twelve new sections relating to the same subject, 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 58, entitled:

     An Act to repeal section 32.055, RSMo 1994, relating to motor vehicle records, and to enact in lieu thereof three new sections relating to the same subject, with an effective date.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

PRIVILEGED MOTIONS

     Senator Lybyer requested unanimous consent of the Senate to make one motion to send SCS for HCS for HB 2 through SCS for HCS for HB 12, as amended, to conference, which request was granted.

     Senator Lybyer moved that the Senate refuse to recede from its position on SCS for HCS for HB 2; SCS for HCS for HB 3, as amended; SCS for HCS for HB 4; SCS for HCS for HB 5, as amended; SCS for HCS for HB 6, as amended; SCS for HCS for HB 7, as amended; SCS for HCS for HB 8, as amended; SCS for HCS for HB 9, as amended; SCS for HCS for HB 10; SCS for HCS for HB 11; and SCS for HCS for HB 12, as amended, and grant the House a conference thereon, which motion prevailed.

SENATE BILLS FOR PERFECTION

     Senator Schneider moved that SB 386 and SB 372, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

     SCS for SBs 386 and 372, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 386 and 372

     An Act to repeal sections 536.021 and 536.022, RSMo 1994, and section 536.025, RSMo Supp. 1996, relating to administrative rulemaking, and to enact in lieu thereof five new sections relating to the same subject.

     Was taken up.

     Senator Schneider moved that SCS for SBs 386 and 372 be adopted.

     At the request of Senator Schneider, SB 386 and SB 372, with SCS (pending), were placed on the Informal Calendar.

     Senator Sims moved that SB 432 be taken up for perfection, which motion prevailed.

     Senator Sims offered SS for SB 432, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 432

     An Act to repeal section 89.020, RSMo 1994, relating to zoning powers of a municipal legislative body, and to enact in lieu thereof one new section relating to the same subject.

     Senator Sims moved that SS for SB 432 be adopted.

     Senator Klarich offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Bill No. 432, Page 2, Section 89.020, Line 15, by adding at the end thereof, the following: "No municipality, town, or village shall directly or indirectly obstruct the construction of a church or religious institution where the situs and construction of such church complies with the zoning and setback requirements established by such political subdivision. Furthermore, conflicting ordinances relating to the development of a church shall be construed to favor such development.".

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

     Senator Schneider offered SA 2, which was read:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Bill No. 432, Page 1, Section 89.020, Lines 12 and 13, by striking the words ", or for religious".

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

     Senator Sims moved that SS for SB 432, as amended, be adopted, which motion prevailed.

     On motion of Senator Sims, SS for SB 432, as amended, was declared perfected and ordered printed.

     Senator Caskey moved that SB 360, with SS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     At the request of Senator Caskey, SS for SB 360 was withdrawn.

     Senator Caskey offered SS No. 2 for SB 360, entitled:

SENATE SUBSTITUTE NO. 2 FOR

SENATE BILL NO. 360

     An Act to repeal sections 151.020, 153.030, 160.538, 162.081, 162.705, 163.036, 163.161, 165.121, 166.260, 167.131, 167.270, 167.275 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-four new sections relating to the same subject, with an emergency clause for a certain section.

     Senator Caskey moved that SS No. 2 for SB 360 be adopted.

     Senator Mathewson resumed the Chair.

     Senator Caskey offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute No. 2 for Senate Bill No. 360, Page 38, Section 163.031, Line 4 of said page, by inserting after the word "ensure" the following: ", to the extent possible,"; and

     Further amend said bill, page and section, line 5, of said page, by striking the words "no less than one" and inserting in lieu thereof the following: "no greater than the proration factor for line 1 of subsection 6 of section 163.031, RSMo; except that no more than seven million dollars shall be transferred annually from funds otherwise distributable under line 14(b) to fund the special education categorical entitlement established pursuant to line 12 of subsection 6 of this section".

     Senator Caskey moved that the above amendment be adopted.

     Senator House offered SSA 1 for SA 1:

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

     Amend Senate Substitute No. 2 for Senate Bill No. 360, Page 37, Section 163.031, Line 21 of said page, by striking the following: "and provided that the proration"; and further amend lines 22 to 28 of said page, by striking all of said lines; and

     Further amend said bill and section, page 38, lines 1-4 of said page, by striking all of said lines; and further amend line 5 of said page, by striking the following: "with a proration factor of no less than one"; and

     Further amend said bill and section, Page 38, Line 18 of said page, by striking the word "for"; and further amend lines 19 to 28, by striking all of said lines; and

     Further amend said bill and section, page 39, lines 1-12, by striking all of said line; and further amend line 13, by striking the following: "received by the district for operating purposes;"; and

     Further amend said bill and section, Page 40, Line 9 of said page, by striking the following: "[14] 14(a)" and inserting in lieu thereof the following: "14"; and

     Further amend said bill and section, Page 40, Line 20 of said page, by striking the following: "Payments made pursuant to line 14(b) of subsection"; and further amend lines 21 and 22, by striking all of said lines; and

     Further amend said bill and section, Page 45, Line 12 of said page, by striking the following: "[14.] 14(a)." and inserting in lieu thereof the following: "14."; and

     Further amend said bill and section, Page 45, Lines 18 to 28 of said page, by striking all of said lines; and

     Further amend said bill and section, page 46, lines 1 to 13 of said page, by striking all of said lines; and

     Further amend said bill, Page 66, Section 166.260, Line 18 of said page, by striking the following: "1."; and further amend Line 21 of said page, by striking the following: "(a)" and

     Further amend said bill, Page 68, Section 166.260, Lines 7 to 28 of said page, by striking all of said lines; and

     Further amend said bill, Page 69, Section 166.260, Lines 1 to 28 of said page, by striking all of said lines; and

     Further amend said bill, Page 70, Section 166.260, Lines 1 to 20 of said page, by striking all of said lines; and

     Further amend said bill, Pages 70-72, Section 166.275, by striking all of said section and inserting in lieu thereof the following:

     "166.275. 1. Any amount of the difference by which the total amount appropriated by the state to school districts, in accordance with a judgment or order based on the equal protection clause of the fourteenth amendment to the Constitution of the United States, for fiscal year 1997 is less than the amount appropriated for the same purpose in fiscal year 1994 in addition to any unexpended appropriation for the 1996 fiscal year that results in additional unobligated resources for the state in fiscal year 1997 shall be transferred to the state school moneys fund and distributed in the manner provided in section 163.031, RSMo.

     2. If the total amount appropriated by the state to school districts, in accordance with a judgment or order based on the equal protection clause of the fourteenth amendment to the Constitution of the United States, for fiscal year 1998 [1996] or any subsequent fiscal year is less than the amount appropriated for the same purpose in fiscal year 1997 [1994], any amount of the difference, in addition to any unexpended appropriation for the prior fiscal year that results in additional unobligated resources for the state beginning in fiscal year 1998 [1997, necessary to fund the district entitlements under section 163.031, RSMo, with a district entitlement proration factor no less than one, shall be transferred to the state school moneys fund and distributed in the manner provided in section 163.031, RSMo] shall be distributed as follows:

     (1) Fifty percent of such amount shall be used for increased funding of: transportation aid distributed pursuant to section 163.161, RSMo, special education aid provided pursuant to section 162.975, RSMo, gifted education aid provided pursuant to section 162.975, RSMo, vocational education entitlements provided pursuant to section 167.332, RSMo, reimbursement of district costs for purchase of academic performance assessment materials administered pursuant to section 160.518, RSMo, aid for alternative schools pursuant to sections 167.320 to 167.332, RSMo, grants to A+ schools and scholarships provided pursuant to section 160.545, RSMo, and loans provided for capital projects provided from the school building revolving fund pursuant to section 166.300, RSMo, provided that such funding increases shall be uniform in proportion to the prior year's appropriation, if any, except that an increase of no less than two million dollars shall be appropriated for A+ schools pursuant to section 160.545, RSMo, and an increase of no less than two million dollars shall be appropriated for alternative schools pursuant to sections 167.320 to 167.332, RSMo, and, in addition to the funds transferred to the school building revolving fund pursuant to section 160.534, RSMO, no less than ten million dollars shall be appropriated annually pursuant to this subdivision to the school building revolving fund;

     (2) For the remaining fifty percent:

     (a) For each fiscal year before and including the fiscal year in which a final judgment as to the state of Missouri and its officials is entered in a case which subjects a school district to the federal court's jurisdiction, which school district was subject to a federal court's jurisdiction on the effective date of this section, such amount shall be annually transferred to the school desegregation transition fund which is hereby created in the state treasury and a proportionate share shall be placed in a separate subaccount for each case from which such savings were realized; and

     (b) Beginning with the first fiscal year following the fiscal year in which a final judgment as to the state of Missouri and its officials is entered in a case which subjects a school district to the federal court's jurisdiction, which school district was subject to the federal court's jurisdiction on the effective date of this section, a portion of such amount of savings realized from the case in which the school district was a defendant shall, except as otherwise provided in this section, be distributed back to such defendant school district according to the following schedule:

     a. One hundred percent during the first and second fiscal years;

     b. Eighty percent during the third and fourth fiscal years;

     c. Sixty percent during the fifth and sixth fiscal years;

     d. Forty percent during the seventh and eighth fiscal years;

     e. Twenty percent during the ninth and tenth fiscal years; and

     f. Zero percent during the eleventh and all subsequent fiscal years,

and the remainder, including any amounts remaining due to reductions of payments otherwise specified in subparagraphs a to f of this paragraph, shall be annually transferred to the state school moneys fund and distributed in the manner provided in section 163.031, RSMo;

     (c) All funds accumulated in a defendant school district's subaccount of the school desegregation transition fund pursuant to paragraph (a) of this subdivision shall be distributed to that defendant school district during the first fiscal year in which funds are distributed to that defendant school district pursuant to paragraph (b) of this subdivision;

     (3) Funds received by a defendant school district pursuant to paragraph (b) of subdivision (2) of this subsection, other than those distributed pursuant to section 163.031, RSMo, shall first be used, to the extent necessary, to reduce class sizes for each grade to no more than the following fraction of the desirable class size established for such grade level by the state board of education: for kindergarten through grade six, seventy-five percent of the desirable class size; and for grade seven through grade twelve, one hundred percent of the desirable class size; and then to comply with the following requirements:

     (a) The district shall submit, biannually, a personnel assignment plan detailing how each student will have contact with tutors and teachers in small group settings in elementary and middle schools, and with counselors for multiple years in secondary schools;

     (b) The district shall establish a reading tutoring program if less than eighty percent of the students are reading at or above grade level;

     (c) The district shall establish an individual education plan for each pupil in second, third, fourth or fifth grade who is not performing at or above grade level in mathematics or reading.

     3. No district shall continue to receive funding pursuant to paragraph (b) of subdivision (2) of subsection 2 of this section after the fifth fiscal year such funds are received by the district unless the percentage of the district's students scoring at or above the proficiency level on the statewide assessment established pursuant to section 160.518, RSMo, is within five percent of the percentage of students statewide scoring at or above the proficiency level for such assessment in the fifth fiscal year the district receives such funds. The department shall deduct from a school district's state aid calculated pursuant to section 163.031, RSMo, an amount equal to the amount of any funds received the previous year by a school district pursuant to paragraph (b) of subdivision (2) of subsection 2 of this section which funds the department determines were used for purposes other than those specified for such funds pursuant to this section.

     4. For the purposes of this section, "final judgment" shall only include a judgment which disposes of all claims involving the state of Missouri and its officials and for which final disposition of all appeals has been rendered."; and

     Further amend said bill, pages 73 to 77, section 166.300, by striking all of said section and inserting in lieu thereof the following:

     "166.300. 1. [As used in this section, the following words and phrases shall mean:

     (1) "Capital improvement projects", expenditures for lands or existing buildings, improvements of grounds, construction of buildings, additions to buildings, remodeling of buildings and initial equipment purchases;

     (2) "School facility", a structure dedicated primarily to housing teachers and students in the instructional process, but shall not include buildings dedicated primarily to administrative and support functions within the school.

     2.] There is hereby created a revolving fund to be known as the "School Building Revolving Fund". Such moneys as may be appropriated to the fund shall be deposited into the school building revolving fund. The state treasurer shall invest the monies appropriated for this fund and interest earned until such time as needed to make the grants to the various districts of the state in the manner prescribed in subsections 4 and 5 of sections 30.260, RSMo. [After] When a fund balance has been established, the state board of education shall annually allocate the full amount transferred into the fund during the fiscal year plus the interest earned on such amount as grants to the various school districts of the state which paid interest on general obligation bonds during the previous fiscal year. [by prior years' deposits and interest, school districts may submit requests for loans and grants from the revolving fund for specific projects consistent with rules and regulations of the state board of education and subsection 3 of this section, except that no school district may be permitted to receive a loan from the school building revolving fund without first submitting a long-range capital improvements plan] The payments to the various districts shall be made during the school year following the year for which the allocation is calculated.

     [3.] 2. To be eligible for loans or grants authorized by this section:

     (1) A school district shall meet the minimum criteria for state aid and for increases in state aid established pursuant to section 163.021, RSMo;

     (2) A school district shall [provide a program which is] be accredited or provisionally accredited by the state board of education for grades kindergarten through twelve or shall be accredited or provisionally accredited and provide for attendance of its students in a district or districts which is or are accredited or provisionally accredited for grade levels not offered in the district of domicile. [; and

     (3) A school district shall not incur a total debt, including short-term debt and bonded indebtedness in excess of ten percent of the guaranteed tax base for the current payment year multiplied by the number of eligible pupils in the district in the preceding year.

     4. If the balance in the school building revolving fund is insufficient to fund project plans for capital improvements, applications shall be funded based upon a priority ranking. Ranking of the projects shall be based upon the following variables:

     (1) A rating of provisionally accredited or unaccredited as determined by the state board of education pursuant to section 161.092, RSMo, based upon the condition and adequacy of facilities pursuant to section 163.023, RSMo, and section 160.538, RSMo;

     (2) Equalized assessed valuation per eligible pupil;

     (3) Increasing enrollment;

     (4) Age or condition of facility; and

     (5) Building destruction due to fire or natural disaster.

     5. The state board of education shall promulgate, by rule, the methodology for prioritizing projects based upon these variables.]

     3. Grants to the districts shall be calculated in the following manner: the money appropriated to the school building revolving fund and interest earned shall be divided by the total eligible interest paid on general obligation bonds by all school districts as reported on the preceding year's Annual Secretary of the Board Report to the State Board of Education. The resulting percentage multiplied by each school district's eligible interest payment shall be the district's grant entitlement.".

     Senator House moved that the above substitute amendment be adopted.

     Senator Wiggins assumed the Chair.

     Senator Mathewson resumed the Chair.

     At the request of Senator Caskey, SB 360, with SS No. 2, SA 1 and SSA 1 for SA 1 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

     Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following reports:

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 820, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 487, 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 Civil and Criminal Jurisprudence, to which was referred HB 844, 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 behalf of Senator Mathewson, Chairman of the Committee on Local Government and Economic Development, Senator Johnson submitted the following reports:

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 99, 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 159, 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 340, 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. 340, Page 3, Section 204.300.2, Line 43, by adding after the word "trustees.", the following: "The trustees shall receive no compensation for their services, but may be compensated for their reasonable expenses normally incurred in the performance of their duties.".

     Also,

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 470, 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 523, 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. 523, Page 1, Section 1, Line 2, by inserting immediately after the word "and" the word "either"; and

     Further amend said bill, Page 1, Section 1, Line 3, by inserting immediately after the word "thousand" the following: "or bordering a city not within a county".

     Also,

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 710, 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 711, 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 749, 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 756, 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. 756, Page 1, Section 1, Line 3, by striking all of said line and inserting in lieu thereof the following:

     "in any municipality within a charter county with a population not exceeding three hundred thousand adjoining another first class charter county, or by reciprocal agreement between the municipalities in any other county.".

     Also,

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 771, 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. 771, Page 1, Section 138.010, Lines 5 to 9, by striking all of said lines and inserting in lieu thereof the following:

     "2. The members of the county board of equalization may elect to have two private citizens who are residents of such county serve on the county board of equalization. Such members shall serve without compensation.".

     Also,

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 802, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

     Also,

     Mr. President: Your Committee on Local Government and Economic Development, to which was referred HB 816, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

     Senator Wiggins, Chairman of the Committee on Ways and Means, submitted the following report:

     Mr. President: Your Committee on Ways and Means, to which was referred HCS for HB 114, 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 Schneider, Chairman of the Committee on Judiciary, submitted the following report:

     Mr. President: Your Committee on Judiciary, to which was referred HB 88, 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 Staples, Chairman of the Committee on Transportation, submitted the following reports:

     Mr. President: Your Committee on Transportation, to which was referred HB 813, 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 Transportation, to which was referred HB 394, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

     Senator DePasco, Chairman of the Committee on Elections, Pensions and Veterans' Affairs, submitted the following reports:

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred HB 817, 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 Elections, Pensions and Veterans' Affairs, to which was referred HB 827, 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. 827, Page 2, Section 169.010, Line 20, by inserting after the semicolon ";" at the end of said line the following: "and with the proviso that the board may set a maximum percentage of increase in annual compensation, not to be lower than ten percent, from one year to the next in the final average salary period;"; and

     Further amend said bill, Page 4, Section 169.600, Line 29, by inserting after the semicolon ";" at the end of said line the following: "and with the proviso that the board may set a maximum percentage of increase in annual compensation, not to be lower than ten percent, from one year to the next in the final average salary period;".

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

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SB 449; and SS for SB 173, 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.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committees to act with like committees from the House on SCS for HCS for HB 2; SCS for HCS for HB 3, as amended; SCS for HCS for HB 4; SCS for HCS for HB 5, as amended; SCS for HCS for HB 6, as amended; SCS for HCS for HB 7, as amended; SCS for HCS for HB 8, as amended; SCS for HCS for HB 9, as amended; SCS for HCS for HB 10; SCS for HCS for HB 11; and SCS for HCS for HB 12, as amended: Senators Lybyer, Goode, Wiggins, Singleton and Russell.

RESOLUTIONS

     Senator Kinder offered Senate Resolution No. 625, regarding the Jackson High School Girls Basketball Team, which was adopted.

     Senator Kinder offered Senate Resolution No. 626, regarding the One Hundred Fourth Birthday of Florentine L. Wagner, Cape Girardeau, which was adopted.

     Senator Kinder offered Senate Resolution No. 627, regarding the Notre Dame High School Girls Basketball Team, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Graves introduced to the Senate, Paul Jackson and Duane Meservey, Trenton.

     Senator Bentley introduced to the Senate, her son, Chris Bentley, her grandchildren, Charlie, Grace and Emma Bentley, and her niece Gwyn Knauer, Springfield.

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

     Senator Caskey introduced to the Senate, Neva Mining, Clinton; and Tyler and Jacob Kresse, St. Charles; and Tyler and Jacob were made honorary pages.

     Senator Howard introduced to the Senate, the Physician of the Day, Dr. Kirby Turner and Chris Raymer, Poplar Bluff.

     Senator Maxwell introduced to the Senate, Elaine Cornett and Ken and Marge Keller, Mexico; and Ruby and Marlin Dunbar, Kirksville.

     Senator Staples introduced to the Senate, Betsy Ledgerwood, Alton.

     Senator Goode introduced to the Senate, Jonathan and David Whitwell and Kyle Reed, homeschoolers from Vinita Park.

     Senator Kenney introduced to the Senate, members of the Homeschool Conference, Lori and Timmy Schwope and Suzy and Sally Brooks, Blue Springs; and Jacob, Nathan and Kathy Edwards, Lake Tapawingo; and Sally, Timmy, Jacob and Nathan were made honorary pages.

     Senator Russell introduced to the Senate, Bill and Jane Putnam, Camdenton; and Lee and Bonnie Eaton, Lebanon.

     Senator Schneider introduced to the Senate, students from Glasgow Elementary School, St. Louis; and John Blaser, Jennifer Parker, Brittany Roberts and Jacob Newsom were made honorary pages.

     Senator Johnson introduced to the Senate, thirty-nine eighth grade students from St. Therese Catholic School, Parkville; and Kiersten Andrews, Brianna Berry, Christy Conforti and Neal Lawless were made honorary pages.

     Senator Kenney introduced to the Senate, his wife, Sandra, his daughter, Elizabeth Alexandria and his son, Carlton Patrick, homeschoolers from Lee's Summit; and Elizabeth and Carlton were made honorary pages.

     Senator Yeckel introduced to the Senate, Camille Novak and Sarah Perez, St. Louis.

     On behalf of Senator McKenna, the President introduced to the Senate, Theresa Ponzar, and ninety fourth grade students from Antonia Elementary School, Imperial; and Aaron Fischer, Brittney Moellenbeck and Krista Deowns were made honorary pages.

     Senator Bentley introduced to the Senate, Tracy Petre, Paul Nabon, Jr., Meredith Irvin, Brett McHenry, Diane Smith and Sue Winters, Springfield.

     Senator Singleton introduced to the Senate, Mr. and Mrs. Rick Hailey, and Elizabeth, Neosho; and Elizabeth was made an honorary page.

     Senator Yeckel introduced to the Senate, Amber Myers, Jefferson City; and Amber was made an honorary page.

     Senator Westfall introduced to the Senate, Trudy Tunnel and Sharon Klein, Mount Vernon.

     Senator Maxwell introduced to the Senate, his daughters, Megan and Shannen, Mexico; his mother, Molly Maxwell, Rush Hill; and Sharon Michaels, Mexico.

     Senator Bentley introduced to the Senate, Dr. Wordy Buckner and Jim Lee, Springfield.

     Senator Sims introduced to the Senate, Hermelia Thorps, Alaina Lopes and Jennifer Janco, St. Louis; and Hermelia, Alaina and Jennifer were made honorary pages.

     Senator Westfall introduced to the Senate, Jan and Jim Bowman, Nevada; Gaila Cross, Sue Webb and Larry Nottingham, Stockton; and Jeff Stacy, Humansville.

     Senator Maxwell introduced to the Senate, Anica and Bernie Rothrock, Mexico.

     Senator Mueller introduced to the Senate, Anna Tenkku and Teresa Wheeler, Brentwood.

     Senator Westfall introduced to the Senate, Dennis Cooper, Bolivar.

     Senator Klarich introduced to the Senate, Mike, Jan, Brent, Evan and Rachel Petzoldt, homeschoolers from Wildwood; and Karen, Jerry, Jordy and Zachary Sanderson, homeschoolers from Ballwin.

     Senator Sims introduced to the Senate, Velma King, Florissant; and Lucille Mauerer, St. Ann.

     Senator Kenney introduced to the Senate, Fran and Teri Norton, Wentzville; and Teri was made an honorary page.

     Senator Singleton introduced to the Senate, Jim and Gail Creel, and their daughter, Theresa, homeschoolers from Joplin; and Theresa was made an honorary page.

     Senator Mueller introduced to the Senate, seventeen sixth, seventh and eighth grade students from Valley Park Middle School, Valley Park.

     Senator Lybyer introduced to the Senate, Bob Fugitt and Bob Baker, Richland.

     Senator Kinder introduced to the Senate, Mr. and Mrs. Keith McQuarry, and their daughters, Sara and Samantha, homeschoolers from Perryville.

     Senator Kinder introduced to the Senate, seventeen eighth grade students from Immaculate Conception School, Jackson.

     Senator Howard introduced to the Senate, Mr. and Mrs. Jerry Waddle, Dexter; and Bob Noyes, Bloomfield.

     Senator Kinder introduced to the Senate, David Brewer, Lester Goodin, Larry Braswell and Hugh Hunter Byrd, Charleston.

     On behalf of Senator Kenney and himself, Senator Caskey introduced to the Senate, Dr. Joe and Marilyn Lee, Kansas City.

     Senator Kenney introduced to the Senate, Dale Castle, Independence.

     Senator Quick introduced to the Senate, Marie Mentrup, and fifty-four eighth grade students from St. Charles School, Kansas City; and Becky McGill, Greg Smith, Melinda Starbuck and Jennifer Termini were made honorary pages.

     Senator Howard introduced to the Senate, Jeris Warrington, Kennett; and Shirley Carney, Dexter.

     Senator Caskey introduced to the Senate, James and Carol Platt, Butler.

     Senator Graves introduced to the Senate, Dale Hoepprer, Tarkio.

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