Journal of the Senate

FIRST REGULAR SESSION


SIXTY-SEVENTH DAY--FRIDAY, MAY 9, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, Harry Truman said, "The White House is the finest prison in the world." Lord, we know that our state capitol can also be a prison. We are thankful for those who are willing to give of their time to serve others. We pray that You will be with them to give them strength and comfort. Help us to give in order that others might receive. 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.

CONCURRENT RESOLUTIONS

     Senator Sims moved that SCR 25, with SCA 1, be taken up for adoption, which motion prevailed.

     SCA 1 was taken up.

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

     On motion of Senator Sims, SCR 25, as amended, was adopted by the following vote:

Yeas--Senators
BanksCaskeyChildersDePasco
FlotronGoodeGravesHouse
HowardJohnsonKenneyKinder
KlarichLybyerMathewsonMcKenna
MuellerQuickRohrbachRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--27
Nays--Senators--None
Absent--Senators
BentleyClayCurlsEhlmann
JacobMaxwellSchneider--7
Absent with leave--Senators--None

HOUSE BILLS ON THIRD READING

     HB 13, with SCS, introduced by Representative Lumpe, entitled:

     An Act to appropriate money for real property leases, related services, utilities, systems furniture, and structural modifications for new FTE for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to appropriate money for capital improvements and the other expenses of the Office of Administration and the divisions and programs thereof, 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 HB 13, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 13

     An Act to appropriate money for real property leases, related services, utilities, systems furniture; and structural modifications for new FTE for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to appropriate money for capital improvements and the other expenses of the Office of Administration and the divisions and programs thereof, 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 HB 13 be adopted.

     Senator Lybyer offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Bill No. 13, Page 3, Section 13.020, Line 2, by deleting on said line "General Revenue" and inserting in lieu thereof the following:

"General Revenue Fund"; and

     Further amend said bill, page 3, Section 13.025, line 7, by deleting on said line "General Revenue Fund" and inserting in lieu thereof the following:

"From Office of Administration Revolving Administrative Trust Fund"; and

     Further amend said bill, page 4, Section 13.040, line 3, by deleting all of said line and inserting in lieu thereof the following:

"For the payment of real property leases, related services, utilities, and"; and

     Further amend said bill, page 5, Section 13.045, line 7, by deleting on said line "General Revenue" and inserting in lieu thereof the following:

"General Revenue Fund".

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

     Senator Lybyer moved that SCS for HB 13, as amended, be adopted, which motion prevailed.

     On motion of Senator Lybyer, SCS for HB 13, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersDePasco
FlotronGoodeGravesHouse
HowardJohnsonKenneyKinder
KlarichLybyerMathewsonMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--28
Nays--Senators--None
Absent--Senators
BentleyClayCurlsEhlmann
JacobMaxwell--6
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     HB 15, with SCA 1, introduced by Representative Lumpe, entitled:

     An Act to appropriate money for capital improvement and other purposes for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, from the funds herein designated for the period beginning July 1, 1997, and ending June 30, 1999.

     Was taken up by Senator Lybyer.

     SCA 1 was taken up.

     Senator Lybyer offered SSA 1 for SCA 1:

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

     Amend House Bill No. 15, Page 32, Section 15.222, by inserting immediately after said section the following:

"Section 15.224. To the Department of Natural Resources

For the Division of Environmental Quality

For the purchase of land, building of

     facilities, and the purchase of the equipment

     necessary to implement the motor vehicle

     emissions inspection program; provided,

     however, that funds appropriated herein

     shall be administered under the oversight of a

     committee composed of three members of the

     House of Representatives appointed by the

     Speaker with no more than two members from

     any party, three members of the Senate

     appointed by the President Pro Tem with no

     more than two members from any party and

     the Director of the Department of Natural

     Resources or his designee

Representing expenditures originally authorized

     under the provisions of House Bill Section

     1023.116, an Act of the 87th General

     Assembly, Second Regular Session and most

     recently authorized under the provisions of

     House Bill Section 15.292, an Act of the 88th

     General Assembly, First Regular Session

From Federal and Other Funds . . . . . . .$1 E"; and

     Further amend said bill, page 47, section 15.330, by deleting said section in its entirety; and

     Further amend said bill, page 75, section 15.490, by inserting immediately after said section the following:

"Section 15.492. To the Department of Natural Resources

For the Division of Environmental Quality

For the purpose of funding a motor vehicle

     emissions program provided, however, that

     funds appropriated herein shall be

     administered under the oversight of a

     committee composed of three members of the

     House of Representatives appointed by the

     Speaker with no more than two members

     from any party, three members of the Senate

     appointed by the President Pro Tem with no

     more than two members from any party and

     the Director of the Department of Natural

     Resources or his designee

     Expense and Equipment

Representing expenditures originally authorized

     under the provisions of House Bill Section

     1006.322, and Act of the 88th General

     Assembly, Second Regular Session

From Missouri Air Pollution Control Fund,

Federal Funds, and Other Funds, excluding

General Revenue          $388,000";

     And further amend said bill, page 14, section 15.100, line 5, by deleting the number "5,153,059" and inserting in lieu thereof the number "453,059"; and further amend said section line 12, by deleting the number "7,740,781" and inserting in lieu thereof the number "3,040,781".

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

     On motion of Senator Lybyer, HB 15, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoFlotron
GoodeGravesHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWiggins--30
Nays--Senators
EhlmannHouseMuellerYeckel--4
Absent--Senators--None
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     HB 16, introduced by Representative Lumpe, entitled:

     An Act to appropriate money for capital improvement and economic development projects for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, from the funds designated herein.

     Was taken up by Senator Lybyer.

     On motion of Senator Lybyer, HB 16 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoEhlmannGoode
GravesHouseJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BentleyFlotronHoward--3
Absent with leave--Senators--None

     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.

     HB 17, with SCA 1, introduced by Representative Lumpe, entitled:

     An Act to appropriate money for capital improvement projects involving the maintenance, repair, replacement, and improvement of state buildings and facilities, including installation, modification and renovation of facility components, equipment or systems, and to transfer money among certain funds.

     Was taken up by Senator Lybyer.

     SCA 1 was taken up.

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

     On motion of Senator Lybyer, HB 17, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

     On motion of Senator 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.

     HB 19, with SCA 1, introduced by Representative Lumpe, entitled:

     An Act to authorize the commencement of certain projects to be funded from the Third State Building Fund and the Third State Building Trust Fund pursuant to Article III, Section 37(d) of the Constitution of the State of Missouri and Section 8.275 RSMo.

     Was taken up by Senator Lybyer.

     SCA 1 was taken up.

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

     On motion of Senator Lybyer, HB 19, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
BanksSchneider--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     HCS for HB 589, with SCS, entitled:

     An Act to repeal sections 99.340, 99.805, 99.810, 99.820, 99.825, 99.830, 99.835, 99.845 and 99.865, RSMo 1994, relating to real property tax increment allocation redevelopment, and to enact in lieu thereof ten new sections relating to the same subject.

     Was called from the Informal Calendar and taken up by Senator Mathewson.

     SCS for HCS for HB 589, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 589

     An Act to repeal sections 99.340, 99.805, 99.810, 99.820, 99.825, 99.830, 99.835, 99.845 and 99.865, RSMo 1994, relating to real property tax increment allocation redevelopment, and to enact in lieu thereof ten new sections relating to the same subject.

     Was taken up.

     Senator Mathewson moved that SCS for HCS for HB 589 be adopted.

     Senator Mathewson offered SS for SCS for HCS for HB 589, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 589

     An Act to repeal sections 99.340, 99.805, 99.810, 99.820, 99.825, 99.830, 99.835, 99.845 and 99.865, RSMo 1994, relating to real property tax increment allocation redevelopment, and to enact in lieu thereof eleven new sections relating to the same subject.

     Senator Mathewson moved that SS for SCS for HCS for HB 589 be adopted.

     Senator Wiggins assumed the Chair.

     Senator Mathewson offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 34, Section 99.865, Line 2 of said page, by inserting immediately after said line the following:

     "100.840. 1. To provide funds for the present payment of the costs of economic development projects, the board may borrow money and issue and sell certificates payable from a sufficient portion of the future receipts of payments authorized by the agreement. The total amount of outstanding certificates sold by the board shall not exceed [thirty-five] fifty million dollars. The receipts shall be pledged to the payment of principal of and interest on the certificates. Certificates may be sold at public sale or at private sale at par, premium, or discount of not less than ninety-five percent of the par value thereof, at the discretion of the board, and may bear interest at such rate or rates as the board shall determine, notwithstanding the provisions of section 108.170, RSMo, to the contrary. Certificates may be issued with respect to a single project or multiple projects and may contain terms or conditions as the board may provide by resolution authorizing the issuance of the certificates.

     2. Certificates issued to refund other certificates may be sold at public sale or at private sale as provided in this section with the proceeds from the sale to be used for the payment of the certificates being refunded. The refunding certificates may be exchanged in payment and discharge of the certificates being refunded, in installments at different times or an entire issue or series at one time. Refunding certificates may be sold or exchanged at any time on, before, or after the maturity of the outstanding certificates to be refunded. They may be issued for the purpose of refunding a like, greater or lesser principal amount of certificates and may bear a higher, lower or equivalent rate of interest than the certificates being renewed or refunded.

     3. The board shall determine if revenues provided in the agreement are sufficient to secure the faithful performance of obligations in the agreement.

     4. Certificates issued pursuant to this section shall not be deemed to be an indebtedness of the state or the board or of any political subdivision of the state."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Johnson offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 27, Section 99.845, Lines 4-28, by striking all of said lines; and

     Further amend said bill and section, page 28, lines 1-25, by striking all of said lines and inserting in lieu thereof the following:

     "4. Beginning January 1, 1998, for redevelopment plans and projects adopted or redevelopment projects approved by ordinance after August 31, 1991, up to fifty percent of all net new revenues from state sales taxes pursuant to section 144.020, RSMo, shall be collected by the department of revenue and placed in a separate account. According to rules promulgated by the department of revenue pursuant to section 536.024, RSMo, the department of revenue shall rebate such revenues to the treasurer or other designated financial officer of the municipality who shall deposit such funds into a separate, segregated account within the special allocation fund established pursuant to section 99.805. This account shall be separate from the account into which payments in lieu of taxes are deposited and separate from the account into which economic activity taxes are deposited. Excluded are sales taxes that are constitutionally dedicated, taxes deposited to the school district trust fund pursuant to section 144.701, and sales and use taxes on motor vehicles, trailers, boats and outboard motors. Such deposits shall be in addition to payments in lieu of taxes and economic activity taxes described in subsections 1, 2, and 3 of this section. The net new revenues from state sales taxes shall by separated according to businesses located within the redevelopment area as identified by the municipality. The calculation of net new revenues from state sales taxes shall be based upon the taxable, retail sales within the redevelopment area over and above taxable, retail sales which occurred within the redevelopment area in the calendar year immediately preceding the utilization of the provisions of this subsections. For all redevelopment plans or projects adopted after the effective date of this act, net new revenues from state sales taxes shall not be rebated or deposited into the special allocation account unless the municipality's redevelopment plan provides that one hundred percent of payments in lieu of taxes and fifty percent of economic activity taxes generated by the project shall be used for eligible redevelopment project costs while tax increment financing remains in effect for a redevelopment project.

     5. (1) Beginning January 1, 1998, for redevelopment plans and projects adopted or redevelopment projects approved by ordinance after the effective date of this act, up to one hundred percent of all net new revenues from state sales taxes pursuant to section 144.020, RSMo, which are collected in any city with a population in excess of four hundred thousand inhabitants as of the last decennial census, or in any county with a population of between fifty thousand and one hundred thousand inhabitants which contains a part of a city with a population of over four hundred thousand inhabitants, shall be collected by the department of revenue and placed in a separate account. The provisions of this subsection shall apply exclusively to projects relating to car race track activities classified in SIC 7944 which include redevelopment project costs in excess of one hundred million dollars and which are located within a state enterprise zone. According to rules promulgated by the department of revenue pursuant to section 536.024, RSMo, the department of revenue shall rebate such revenues to the treasurer or other designated financial officer of the municipality who shall deposit such funds into a separate, segregated account within the special allocation fund established pursuant to section 99.805. This account shall be separate from the account into which payments in lieu of taxes are deposited and separate from the account into which economic activity taxes are deposited. Excluded are sales taxes than are constitutionally dedicated, taxes deposited to the school district trust fund pursuant to section 144.701, RSMo, and sales and use taxes on motor vehicles, trailers, boats and outboard motors. Such deposits shall be in addition to payments in lieu of taxes and economic activity taxes as described in subsections 1, 2 and 3 of this section. The net new revenues from state sales taxes shall be separated according to businesses located within the redevelopment area as identified by the municipality. The calculation of net new revenues from state sales taxes shall be based upon the taxable, retail sales within a city with a population of over four hundred thousand inhabitants as of the last decennial census and within a county with a population between fifty thousand and one hundred thousand inhabitants which contains a part of a city with a population of over four hundred thousand inhabitants over and above the taxable retail sales which occurred in said cities and counties, in the calendar year immediately preceding the utilization of the provisions of this subsection. For all redevelopment plans or projects adopted after the effective date of this act, net new revenues from state sales taxes shall not be rebated or deposited into the special allocation account unless the municipality's redevelopment plan provides that one hundred percent of payments in lieu of taxes and fifty percent of economic activity taxes generated by the project shall be used for eligible redevelopment project costs while tax increment financing remains in effect for a redevelopment project.

     (2) The amount of net new revenues from state sales taxes, as provided for in subdivision (1) of this subsection, shall not be rebated and deposited into the special allocation fund if they exceed the amount approved in the application made and approved by the department of economic development pursuant to subsection 7 of this section. The provisions of this subsection shall not apply to any redevelopment project for which the estimated fiscal benefits of the project, as determined by the department of economic development in its review of such application, do not exceed the estimated costs for the state and affected political subdivisions. The provisions of this subsection shall not apply in redevelopment areas located within any city with a population of over four hundred thousand inhabitants where the provisions of subsection 4 of this section are applicable or may become applicable at a future date."; and

     Further amend said bill, page 29, section 99.845, line 7, by deleting all of said line and inserting in lieu thereof the following: "7. The rebate of up to fifty percent of all net new revenues"; and

     Further amend said bill, page 30, section 99.845, line 8, by deleting the word "tax" and inserting in lieu thereof the following "rebate of net new revenues from state sales taxes"; and

     Further amend said bill, page 30, section 99.845, line 19, by inserting immediately after said line the following: "However, net new revenues from state sales taxes which are collected by the department of revenue pursuant to subsection 5 of this section, and which are in excess of the amount approved by the director of the department of economic development for eligible project costs, shall revert to the state's general revenue fund.".

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

     President Wilson assumed the Chair.

     Senator Wiggins resumed the Chair.

     Senator Mathewson offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 15, Section 99.810, Line 13 of said page, by striking the brackets around the word "shall" and striking the word "may"; and

     Further amend said bill, page 29, section 99.845, line 7, by inserting immediately after the word "of" as it first appears the following: "up to"; and

     Further amend said bill, Page 30, Section 99.845, Line 2 of said page, by striking all of said line and inserting in lieu thereof the following: "county of the first classification without a charter form of government which contains part of a city in excess of three hundred fifty"; and

     Further amend said bill, Page 30, Section 99.845, Line 8 of said page, by striking the word "tax" and inserting in lieu thereof the word "rebate".

     Senator Mathewson moved that the above amendment be adopted.

     Senator Mathewson offered SA 1 to SA 3, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 3

     Amend Senate Amendment No. 3 to Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 1, by adding the following before line 1 of Senate Amendment No. 3: "Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 15, Section 99.820, Lines 11 and 12, by deleting all the underlined words on said lines.".

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

     SA 3, as amended, was again taken up.

     At the request of Senator Mathewson, SA 3, as amended, was withdrawn.

     Senator Goode offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 3, Section 99.805, Lines 11-28 of said page, by striking all of said lines; and

     Further amend said bill and section, page 4, lines 1-5 of said page, by striking all of said lines and renumbering the remaining subdivisions accordingly; and

     Further amend said bill and section, page 7, line 28 of said page, by striking all of said line; and

     Further amend said bill and section, page 8, lines 1-5 of said page, by striking all of said lines and inserting in lieu thereof the following: "or its commission which contains a separate segregated account for each redevelopment plan, maintained by the treasurer of the municipality or the treasurer of the commission into which payments in lieu of taxes are deposited;"; and

     Further amend said bill, page 12, section 99.820, line 28 of said page, by striking all of said line; and

     Further amend said bill and section, page 13, lines 1-10 of said page, by striking all of said lines and inserting in lieu thereof the following:

     "(b) Surplus revenues, other than payments in lieu of taxes, deposited in the special allocation fund, shall be distributed on a basis that is proportional to the total receipt of such other revenues in such account in the year prior to disbursement;"; and

     Further amend said bill, page 27, section 99.845, lines 4-28 of said page, by striking all of said lines; and

     Further amend said bill and section, pages 28-29, lines 1-28 of both pages, by striking all of said lines; and

     Further amend said bill and section, page 30, lines 1-19 of said page, by striking all of said lines and inserting in lieu thereof the following:

     "4. The cost-benefit analysis required by section 99.810 includes a fiscal impact study upon the state of Missouri."; and

     Further amend said bill, page 31, section 99.865, lines 19-23 of said page, by striking all of said lines and renumbering the remaining subdivisions accordingly.

     Senator Goode moved that the above amendment be adopted.

     At the request of Senator Mathewson, HCS for HB 589, with SCS, SS for SCS, as amended, and SA 4 (pending), was placed on the Informal Calendar.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SCS for HB 816: Senators Mathewson, Howard, Lybyer, Singleton and Childers.

REFERRALS

     President Pro Tem McKenna referred HS for HCS for HB 361, with SCS, to the Committee on State Budget Control.

REPORTS OF STANDING COMMITTEES

     Senator Schneider, Chairman of the Committee on Judiciary, submitted the following report:

     Mr. President: Your Committee on Judiciary, to which was referred HCS for HB 214, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     On motion of Senator Quick, the Senate recessed until 1:00 p.m.

RECESS

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

HOUSE BILLS ON THIRD READING

     Senator Mathewson moved that HCS for HB 589, with SCS and SS for SCS, as amended, and SA 4 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SA 4 was again taken up.

     President Wilson resumed the Chair.

     Senator Ehlmann offered SA 1 to SA 4, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 4

     Amend Senate Amendment No. 4 to Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 1, Section 99.805, Line 18, by adding after the letter "(b)", the following: "All".

     Senator Ehlmann moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Jacob, Rohrbach, Russell and Goode.

     SA 1 to SA 4 failed of adoption by the following vote:
Yeas--Senators
EhlmannFlotronKenneyKinder
KlarichMuellerRohrbachSchneider
Singleton--9
Nays--Senators
CaskeyChildersClayDePasco
GoodeHouseHowardJacob
JohnsonLybyerMathewsonMaxwell
McKennaQuickRussellScott
SimsStaplesWestfallWiggins
Yeckel--21
Absent--Senators
BanksBentleyCurlsGraves--4
Absent with leave--Senators--None

     SA 4 was again taken up.

     Senator Mathewson requested a roll call vote be taken on SA 4 and was joined in his request by Senators Ehlmann, Singleton, Goode and Staples.

     SA 4 was adopted by the following vote:
Yeas--Senators
BanksBentleyClayEhlmann
FlotronGoodeGravesJacob
KinderKlarichMuellerQuick
RohrbachRussellSchneiderSims
SingletonWestfall--18
Nays--Senators
CaskeyChildersCurlsDePasco
HouseHowardJohnsonKenney
LybyerMathewsonMaxwellMcKenna
ScottStaplesWigginsYeckel--16
Absent--Senators--None
Absent with leave--Senators--None

     At the request of Senator Mathewson, HCS for HB 589, with SCS and SS for SCS, as amended (pending), was placed on the Informal Calendar.

     President Pro Tem McKenna resumed the Chair.

     At the request of Senator Quick, HCS for HB 276, with SCS, was placed on the Informal Calendar.

     HS for HCS for HB 738, with SCS, entitled:

     An Act to repeal sections 565.024 and 577.023, RSMo 1994, and sections 302.302, 302.309, 302.505, 302.545, 304.012, 577.020 and 577.041, RSMo Supp. 1996, relating to motor vehicles, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions and an emergency clause.

     Was taken up by Senator Caskey.

     SCS for HS for HCS for HB 738, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 738

     An Act to repeal sections 301.160, 302.291, 302.292, 303.024, 303.025, 303.026, 303.030, 303.043, 565.024 and 577.023, RSMo 1994, and sections 302.302, 302.309, 302.505, 302.541, 302.545, 304.012, 577.020, 577.041, 610.122 and 610.123, RSMo Supp. 1996, relating to motor vehicles, and to enact in lieu thereof twenty-three new sections relating to the same subject, with penalty provisions and an effective date for certain sections and an emergency clause for certain sections.

     Was taken up.

     Senator Caskey moved that SCS for HS for HCS for HB 738 be adopted.

     Senator Scott offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 738, Page 19, Section 565.024, Lines 1-7, by deleting all of section 565.024; and further amend said bill, page 29, section 1, lines 1-7, by deleting all of "section 1"; and further amend said bill; page 29, Section 2, line 1, by deleting on line 1 the following: "Section 2", and inserting in lieu thereof the following: "Section 1"; and further amend said bill, page 29, Section 3, line 1, by deleting on line 1 the following: "Section 3", and inserting in lieu thereof the following "Section 2"; and further amend said bill, by amending the title and enacting clause accordingly.

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

     Senator Caskey offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 738, Page 27, Section 610.122.3, Lines 32-33, by deleting on said lines the following: "the civil division of the circuit court in the county where the arrest occurred"; and inserting in lieu thereof the following: "all law enforcement agencies"; and further amend said bill, page 27, section 610.122.3, line 36, by inserting after the word "arrest" the following: ", and the subject has not been convicted of any other felony during the fifteen-year period".

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

     Senator Goode offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House bill No. 738, Page 19, Section 304.012, Line 12, by inserting immediately after said line the following:

     "304.155. 1. Any law enforcement officer within the officer's jurisdiction, or an officer of a government agency where that agency's real property is concerned, may authorize a towing company to remove to a place of safety:

     (1) Any abandoned property on the right-of-way of:

     (a) Any interstate highway or freeway in an urbanized area, left unattended for ten hours;

     (b) Any interstate highway or freeway outside of an urbanized area, left unattended for forty-eight hours;

     (c) Any state highway other than an interstate highway or freeway in an urbanized area, left unattended for more than ten hours; or

     (d) Any state highway other than an interstate highway or freeway outside of an urbanized area, left unattended for more than forty-eight hours; provided that commercial motor vehicles not hauling waste designated as hazardous under 49 U.S.C. 5103(a) may only be removed under this subdivision to a place of safety until the owner or owner's representative has had a reasonable opportunity to contact a towing company of choice;

     (2) Any unattended abandoned property illegally left standing upon any highway or bridge if the abandoned property is left in a position or under such circumstances as to obstruct the normal movement of traffic where there is no reasonable indication that the person in control of the property is arranging for its immediate control or removal;

     (3) Any abandoned property which has been abandoned under section 577.080, RSMo;

     (4) Any abandoned property which has been reported as stolen or taken without consent of the owner;

     (5) Any abandoned property for which the person operating such property is arrested for an alleged offense for which the officer is required to take the person into custody and where such person is unable to arrange for the property's timely removal;

     (6) Any abandoned property which due to any other state law or local ordinance is subject to towing because of the owner's outstanding traffic or parking violations;

     (7) Any abandoned property left unattended in violation of a state law or local ordinance where signs have been posted giving notice of the law or where the violation causes a safety hazard; or

     (8) Any abandoned property illegally left standing on the waters of this state as defined in section 306.010, RSMo, where the abandoned property is obstructing the normal movement of traffic, or where the abandoned property has been unattended for more than ten hours or floating loose on the water.

     2. The state highways and transportation department may immediately remove any abandoned, unattended, wrecked, burned or partially dismantled property, spilled cargo or other personal property from the roadway of any state highway if the abandoned property, cargo or personal property is creating a traffic hazard because of its position in relation to the state highway. In the event the property creating a traffic hazard is a commercial motor vehicle, as defined in section 302.700, RSMo, the department's authority under this subsection shall be limited to authorizing a towing company to remove the commercial motor vehicle to a place of safety, except that the owner of the commercial motor vehicle or the owner's designated representative shall have a reasonable opportunity to contact a towing company of choice. The provisions of this subsection shall not apply to vehicles transporting any material which has been designated as hazardous under section 5103(a) of Title 49, U.S.C.

     3. Any law enforcement agency authorizing a tow under this section in which the abandoned property is moved from the immediate vicinity shall complete a crime inquiry and inspection report. Any state or federal government agency other than a law enforcement agency authorizing a tow under this section in which the abandoned property is moved away from the immediate vicinity in which it was abandoned shall report the towing to the state highway patrol or water patrol within [one hour] two hours of the tow along with a [description of the abandoned property sufficient to make a criminal] crime inquiry and inspection report as required in this section. Any local government agency, other than a law enforcement agency, authorizing a tow under this section where property is towed away from the immediate vicinity shall report the tow to the local law enforcement agency within two hours along with a crime inquiry and inspection report.

     4. Neither the law enforcement officer, government agency official nor anyone having custody of abandoned property under his direction shall be liable for any damage to such abandoned property occasioned by a removal authorized by this section or by ordinance of a county or municipality licensing and regulating the sale of abandoned property by the municipality, other than damages occasioned by negligence or by willful or wanton acts or omissions.

     5. The owner of abandoned property removed as provided in this section or in section 304.157 shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property as provided in section 304.158.

     6. Upon the towing of any abandoned property under this section or under authority of a law enforcement officer or local government agency under section 304.157, the law enforcement agency that authorized such towing or was properly notified by another government agency of such towing shall promptly make an inquiry with the national crime information center and any statewide Missouri law enforcement computer system to determine if the abandoned property has been reported as stolen and shall enter the information pertaining to the towed property into the statewide law enforcement computer system. If the abandoned property is not claimed within ten working days of the towing, the law enforcement agency shall submit a crime inquiry and inspection report to the director of revenue[, on any unclaimed abandoned property, within ten working days of the towing of the abandoned property]. A towing company in possession of abandoned property after ten working days shall report such fact to the law enforcement agency with which the crime inquiry and inspection report was filed. The crime inquiry and inspection report shall be designed by the director of revenue and shall include the following:

     (1) The year, model, make and property identification number of the property and the owner and any lienholders, if known;

     (2) A description of any damage to the property noted by the [law enforcement] officer authorizing the tow;

     (3) The license plate or registration number and the state of issuance, if available;

     (4) The storage location of the towed property;

     (5) The name, telephone number and address of the towing company;

     (6) The date, place and reason for the towing of the abandoned property;

     (7) The date of the inquiry of the national crime information center, any statewide Missouri law enforcement computer system and any other similar system which has titling and registration information to determine if the abandoned property had been stolen. This information shall be entered only by the law enforcement agency making the inquiry;

     (8) The signature and printed name of the [law enforcement] officer authorizing the tow and the towing operator; and

     (9) Any additional information the director of revenue deems appropriate.

     [7. The department of revenue may design and make available to police agencies throughout the state a uniform "Authorization to Tow" form. The form shall contain lines for time, date, location, descriptive information of the vehicle, reason for towing, the tow operator and company and signature of authorizing officer. The cost of the forms will be determined by the department of revenue. The completed form shall be issued by the authorizing officer to the tow operator for that company's records as proof of authorization to tow a particular vehicle.]

     [8.] 7. One copy of the crime inquiry and inspection report shall remain with the agency which authorized the tow. One copy shall be provided to and retained by the storage facility and one copy shall be retained by the towing facility in an accessible format in the business records for a period of three years from the date of the tow or removal.

     [9.] 8. The owner of such abandoned property, or the holder of a valid security interest of record, may reclaim it from the towing company upon proof of ownership or valid security interest of record and payment of all reasonable charges for the towing and storage of the abandoned property.

     [10.] 9. Any person who removes abandoned property at the direction of a law enforcement officer or an officer of a government agency where that agency's real property is concerned as provided in this section shall have a lien for all reasonable charges for the towing and storage of the abandoned property until possession of the abandoned property is voluntarily relinquished to the owner of the abandoned property or to the holder of a valid security interest of record. Any personal property within the abandoned property need not be released to the owner thereof until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except that any medication prescribed by a physician shall be released to the owner thereof upon request. The company holding or storing the abandoned property shall either release the personal property to the owner of the abandoned property or allow the owner to inspect the property and provide an itemized receipt for the contents. The company holding or storing the property shall be strictly liable for the condition and safe return of the personal property. Such lien shall be enforced in the manner provided under section 304.156.

     [11.] 10. Towing companies shall keep a record for three years on any abandoned property towed and not reclaimed by the owner of the abandoned property. Such record shall contain [a copy of the law enforcement officer's] information regarding the authorization to tow, copies of all correspondence with the department of revenue concerning the abandoned property, and information concerning the final disposition of the possession of the abandoned property.

     [12.] 11. If a lienholder repossesses any motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel [by having such property towed] without the knowledge or cooperation of the owner, then the [towing company and the lienholder] repossesser shall notify the [Missouri state highway patrol of such tow within one hour] local law enforcement agency where the repossession occurred within two hours of the [tow being made] repossession and shall further provide the [patrol] local law enforcement agency with any additional information the [patrol] agency deems appropriate. The local law enforcement agency shall make an inquiry with the national crime information center and the Missouri statewide law enforcement computer system and shall enter the repossessed vehicle into the statewide law enforcement computer system.

     304.156. 1. Within five working days of receipt of the crime inquiry and inspection report under section 304.155 or the abandoned property report under section 304.157, the director of revenue shall search the records of the department of revenue, or initiate an inquiry with another state, if the evidence presented indicated the abandoned property was registered or titled in another state, to determine the name and address of the owner [and/or] and lienholder, if any. After ascertaining the name and address of the owner [and/or] and lienholder, if any, the department shall, within fifteen working days, notify the towing company [and owner or lienholder]. Any towing company which comes into possession of abandoned property pursuant to section 304.155 or 304.157 and who claims a lien for recovering, towing or storing abandoned property shall give notice to the title owner and to all persons claiming a lien thereon, as disclosed by the records of the department of revenue or of a corresponding agency in any other state. The towing company shall notify the owner [and/or] and any lienholder within ten business days of the date of mailing indicated on the notice sent by the department of revenue, by certified mail, return receipt requested. The notice shall contain the following:

     (1) The name, address and telephone number of the storage facility;

     (2) The date, reason and place from which the abandoned property was removed;

     (3) A statement that the amount of the accrued towing, storage and administrative costs are the responsibility of the owner, and that storage and/or administrative costs will continue to accrue as a legal liability of the owner until the abandoned property is redeemed;

     (4) A statement that the storage firm claims a possessory lien for all such charges;

     (5) A statement that the owner or holder of a valid security interest of record may retake possession of the abandoned property at any time during business hours by proving ownership or rights to a secured interest and paying all towing and storage charges;

     (6) A statement that, should the owner consider that the towing or removal was improper or not legally justified, the owner has a right to request a hearing as provided in this section to contest the propriety of such towing or removal;

     (7) A statement that if the abandoned property remains unclaimed for thirty days from the date of mailing the notice, title to the abandoned property will be transferred to the person or firm in possession of the abandoned property free of all prior liens; and

     (8) A statement that any charges in excess of the value of the abandoned property at the time of such transfer shall remain a liability of the owner.

     2. A towing company may assess reasonable storage charges for abandoned property only for the time in which it complies with the procedural requirements of [this section] sections 304.155 to 304.158.

     3. In the event that the records of the department of revenue fail to disclose the name of the owner or any lienholder of record, the department shall notify the towing company which shall attempt to locate documents or other evidence of ownership on or within the abandoned property itself. The towing company must certify that a physical search of the abandoned property disclosed that no ownership documents were found and a good faith effort has been made. For purposes of this section, good faith effort means that the following checks have been performed by the company to establish the prior state of registration and title:

     (1) Check of the abandoned property for any type of license plates, license plate record, temporary permit, inspection sticker, decal or other evidence which may indicate a state of possible registration and title;

     (2) Check the law enforcement report for a license plate number or registration number if the abandoned property was towed at the request of a law enforcement agency;

     (3) Check the tow ticket/report of the tow truck operator to see if a license plate was on the abandoned property at the beginning of the tow, if a private tow; and

     (4) If there is no address of the owner on the impound report, check the law enforcement report to see if an out-of-state address is indicated on the driver license information.

     4. If no ownership information is discovered, the director of revenue shall be notified in writing and title obtained in accordance with subsection 6 of this section.

     5. (1) The owner of the abandoned property removed pursuant to the provisions of section 304.155 or 304.157 or any person claiming a lien, other than the towing company, within ten days after the receipt of notification from the towing company pursuant to subsection 1 of this section may file a petition in the associate circuit court in the county where the abandoned property is stored to determine if the abandoned property was wrongfully taken or withheld from the owner. The petition shall name the towing company among the defendants. The petition may also name the agency ordering the tow or the owner, lessee or agent of the real property from which the abandoned property was removed. The director of revenue shall not be a party to such petition but a copy of the petition shall be served on the director of revenue who shall not issue title to such abandoned property pursuant to this section until the petition is finally decided.

     (2) Upon filing of a petition in the associate circuit court, the owner or lienholder may have the abandoned property released upon posting with the court a cash or surety bond or other adequate security equal to the amount of the charges for towing and storage to ensure the payment of such charges in the event he does not prevail. Upon the posting of the bond and the payment of the applicable fees, the court shall issue an order notifying the towing company of the posting of the bond and directing the towing company to release the abandoned property. At the time of such release, after reasonable inspection, the owner or lienholder shall give a receipt to the towing company reciting any claims for loss or damage to the abandoned property or the contents thereof.

     (3) Upon determining the respective rights of the parties, the final order of the court shall provide for immediate payment in full of recovery, towing, and storage fees by the abandoned property owner or lienholder or the owner, lessee, or agent thereof of the real property from which the abandoned property was removed.

     6. A towing and/or storage lien shall be enforced as provided in subsection 7 of this section.

     7. Thirty days after the notification form has been mailed to the abandoned property owner and holder of a security agreement and the property is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, and the owner or holder of a security agreement has not requested a hearing as provided in subsection [4] 5 of this section, the lienholder in possession may apply to the director of revenue for a salvage certificate of title designated with the words "salvage/abandoned property" or junking certificate based on the condition of the abandoned property as stated in the abandoned property report or crime inquiry and inspection report. The application for title shall be accompanied by:

     (1) An affidavit from the lienholder in possession that he has been in possession of the abandoned property for at least thirty days and the owner of the abandoned property or holder of a security agreement has not made arrangements for payment of towing and storage charges;

     (2) An affidavit that the lienholder in possession has not been notified of any application for hearing as provided in this section;

     (3) A copy of the abandoned property report or crime inquiry and inspection [form] report;

     (4) A copy of the thirty-day notice given by certified mail to any owner and person holding a valid security interest and a copy of the certified mail receipt indicating that the owner and lienholder of record has received notice as required in this section.

     8. If notice to the owner and holder of a security agreement has been returned marked "not forwardable" or "addressee unknown", the lienholder in possession shall comply with subsection 3 of this section.

     9. Any municipality or county may adopt an ordinance regulating the removal and sale of abandoned property provided such ordinance is consistent with sections 304.155 to 304.158.

     10. Any municipality or county which has physical possession of the abandoned property and which sells abandoned property in accordance with a local ordinance may transfer ownership by means of a bill of sale signed by the municipal or county clerk or deputy and sealed with the official municipal or county seal. Such bill of sale shall contain the make and model of the abandoned property, the complete abandoned property identification number and the odometer reading of the abandoned property if available and shall be lawful proof of ownership for any dealer registered under the provisions of section 301.218, RSMo, or section 301.560, RSMo, or for any other person. Any dealer or other person purchasing such property from a municipality or county shall apply within thirty days of purchase for a junking certificate or salvage certificate of title designated with the words "salvage/abandoned property". Anyone convicted of a violation of this section shall be guilty of an infraction.

     11. Any persons who have towed abandoned property prior to August 28, 1996, may, [within one year after August 28, 1996] until January 1, 1998, apply to the department of revenue for either a junking certificate or a salvage certificate of title designated with the words "salvage/abandoned property" to such property. The application shall be accompanied by:

     (1) A notarized affidavit explaining the circumstances by which the abandoned property came into their possession, including the name of the owner or possessor of real property from which the abandoned property was removed;

     (2) The date of the removal;

     (3) The current location of the abandoned property;

     (4) An inspection of the abandoned property as prescribed [in section 304.155] by the director; and

     (5) A copy of the thirty-day notice given by certified mail to any owner and person holding a valid security interest of record and a copy of the certified mail receipt.

     12. If the director is satisfied with the genuineness of the application and supporting documents submitted pursuant to this section, the director shall issue a salvage certificate of title designated with the words "salvage/abandoned property" or a junking certificate.

     13. When an application is made for an original Missouri certificate of ownership on abandoned property previously issued a salvage title as provided in this section, the application shall be accompanied by a properly completed vehicle examination certificate as provided in section 301.190, RSMo, in addition to other documents and fees required by law. Notwithstanding the provisions of section 301.573, RSMo, to the contrary, if satisfied with the genuiness of the application and supporting documents, the director shall issue an original title that shall not designate the abandoned property as being prior salvage unless the examination certificate indicates the vehicle was previously in a salvaged condition or rebuilt.

     14. If the proceeds obtained by the towing company from sale of the abandoned property exceed the reasonable costs of towing and storage as allowed by law and the costs of retitling such property by more than one hundred dollars, the proceeds shall be returned to the previous owner of the property by a check made payable to both the previous owner and any lienholder of record. Such check shall be made out to the owner and lienholder in the conjunctive, "and", not the disjunctive, "or".

     304.157. 1. If a person abandons property, as defined in section 304.001, on any real property owned by another without the consent of the owner or person in possession of the property, at the request of the person in possession of the real property, any member of the state highway patrol, state water patrol, sheriff, or other law enforcement officer within his jurisdiction may authorize a towing company to remove such abandoned property from the property in the following circumstances:

     (1) The abandoned property is left unattended for more than forty-eight hours; or

     (2) In the judgment of a law enforcement officer, the abandoned property constitutes a safety hazard or unreasonably interferes with the use of the real property by the person in possession.

     2. A local government agency may also provide for the towing of motor vehicles from real property under the authority of any local ordinance providing for the towing of vehicles which are derelict, junk, scrapped, disassembled or otherwise harmful to the public health under the terms of the ordinance. Any local government agency authorizing a tow under this subsection shall report the tow to the local law enforcement agency within two hours with a crime inquiry and inspection report under section 304.155.

     3. Neither the law enforcement officer, local government agency nor anyone having custody of abandoned property under his direction shall be liable for any damage to such abandoned property occasioned by a removal authorized by this section other than damages occasioned by negligence or by willful or wanton acts or omissions.

     [2.] 4. The owner of real property or lessee in lawful possession of the real property may authorize a towing company to remove abandoned property without authorization by a law enforcement officer only when the owner, lessee or agent of the real property is present and only under any of the following circumstances:

     (1) There is displayed, in plain view at all entrances to the property, a sign not less than seventeen by twenty-two inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that unauthorized abandoned property will be removed at the owner's expense, disclosing the maximum fee for all charges related to towing and storage, and containing the telephone number of the local traffic law enforcement agency where information can be obtained;

     (2) The abandoned property is left unattended on private property for over ninety-six hours and lacks an engine, transmission, wheels, tires, doors, windshield or any other major part or equipment necessary to operate safely on the highways[, the owner or lessee of the private property has notified the city police or county sheriff, as appropriate, and ninety-six hours have elapsed since that notification]; or

     (3) The abandoned property is left unattended on private property[, and the owner, lessee or agent of the real property in lawful possession of real property has notified the appropriate law enforcement agency, and ten days have elapsed since that notification] for over ten days.

     [3.] 5. Pursuant to this section, any owner or lessee in lawful possession of real property that requests a towing company to tow abandoned property without authorization from a law enforcement officer shall [within one hour of the tow file] at that time complete an abandoned property report [with the appropriate law enforcement agency where the property is located] which shall be considered a legal declaration subject to criminal penalty under section 575.060, RSMo. The report shall be in the form prescribed by the director of revenue and shall contain the following:

     (1) The year, model, make and abandoned property identification number of the property and the owner and any lienholders, if known;

     (2) A description of any damage to the abandoned property noted by owner or lessee in possession of the real property;

     (3) The license plate or registration number and the state of issuance, if available;

     (4) The physical location of the property and the reason for requesting the property to be towed;

     (5) The date the report is completed;

     (6) The signature and printed name, address and phone number of the owner or lessee in possession of the real property; [and]

     (7) The towing company's name and address;

     (8) The signature of the towing operator;

     [(7)] (9) Space for the name of the law enforcement agency notified of the towing of the abandoned property and for the signature of the law enforcement official receiving the report; and

     (10) Any additional information the director of revenue deems appropriate.

[The department of revenue may design and make available to police agencies throughout the state a uniform "Authorization to Tow" form. The form shall contain lines for time, date, location, descriptive information of the vehicle, reason for towing, the tow operator and company and signature of authorizing officer. The cost of the forms shall be determined by the department of revenue. The completed form shall be issued by the authorizing officer to the tow operator for that company's records as proof of authorization to tow a particular vehicle.]

     6. Any towing company which tows abandoned property without authorization from a law enforcement officer pursuant to subsection 4 of this section shall deliver a copy of the abandoned property report to the local law enforcement agency having jurisdiction over the location from which the abandoned property was towed. The copy may be produced and sent by facsimile machine or other device which produces a near exact likeness of the print and signatures required, but only if the law enforcement agency receiving the report has the technological capability of receiving such copy and has registered the towing company for such purpose. The report shall be delivered within two hours if the tow was made from a signed location under subdivision (1) of subsection 4; otherwise, the report shall be delivered within twenty-four hours.

     [4.] 7. The law enforcement agency receiving such abandoned property report must record the date on which the abandoned property report is filed with such agency and [within five days of such filing] shall promptly make an inquiry into the national crime information center and any statewide Missouri law enforcement computer system to determine if the abandoned property has been reported as stolen. The law enforcement agency shall enter the information pertaining to the towed property into the statewide law enforcement computer system, and an officer shall sign the abandoned property report and provide the towing company with a signed copy. The department of revenue may design and sell to towing companies informational brochures outlining owner or lessee of real property obligations pursuant to this section.

     [5. Neither the law enforcement officer nor anyone having custody of abandoned property under his direction shall be liable for any damage to such abandoned property occasioned by a removal authorized by this section other than damages occasioned by negligence or by willful or wanton acts or omissions.]

     [6. Any towing company which tows abandoned property without authorization from a law enforcement officer pursuant to subdivision (1) of subsection 2 of this section shall within one hour of the tow report the event and the circumstances to the local law enforcement agency where the abandoned property report was filed.]

     [7.] 8. The law enforcement agency receiving notification that abandoned property has been towed by a towing company shall [record the date the property was towed and shall forward a copy of the abandoned property report to the director of revenue.] search the records of the department of revenue and provide the towing company with the latest owner and lienholder information on the abandoned property. If the abandoned property is not claimed within ten working days, the towing company shall send a copy of the abandoned property report signed by a law enforcement officer to the department of revenue.

     [8.] 9. If any owner or lessee of real property knowingly authorizes the removal of abandoned property in violation [pursuant to subsection 2 of this section and such property is so removed and no sign is displayed prior to such removal as required pursuant to subsection 2] of this section, then the owner or lessee shall be deemed guilty of a class C misdemeanor.

     304.158. 1. [The person or agency causing] Notice as to the removal of any abandoned property under section 304.155 or 304.157 shall [, if the person or agency knows the registered owner or lienholder,] be made in writing within five working days [, give notice in writing] to the registered owner and any lienholder of the fact of the removal, the grounds for the removal, and [indicate] the place to which the property has been removed by either:

     (1) The public agency authorizing the removal; or

     (2) The towing company, where authorization was made by an owner or lessee of real property.

If the abandoned property is stored in any storage facility, a copy of the notice shall be given to the operator of the facility. The notice provided for in this section shall include the amount of mileage, if available, shown on the abandoned property at the time of removal.

     2. Any owner of any private real [estate] property causing the removal of abandoned property from that real [estate] property shall state the grounds for the removal of the abandoned property if requested by the registered owner of that abandoned property. Any towing company that lawfully removes abandoned property from private property with the written authorization of the property owner or the property owner's agent who is present at the time of removal shall not be held responsible in any situation relating to the validity of the removal. Any towing company that removes abandoned property at the direction of the landowner shall be responsible for:

     (1) Any damage caused by the towing company to the property in the transit and subsequent storage of the property; and

     (2) The removal of property other than the property specified by the owner of the private property from which the abandoned property was removed.

     3. The owner of abandoned property removed from private property may recover for any damage to the property resulting from any act of any person causing the removal of, or removing, the abandoned property.

     4. Any owner of any private property causing the removal of abandoned property parked on that property is liable to the owner of the abandoned property for double the storage or towing charges whenever there has been a failure to comply with the requirements of this section or [to state the grounds for the removal of the property if requested by the registered owner of the abandoned property as required by subsection 2 of this section] section 304.157.

     5. Any towing company which tows abandoned property for hire shall have the towing company's name, city and state clearly printed in letters at least three inches in height on the sides of the truck, wrecker or other vehicle used in the towing.

     6. A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of abandoned property at the request of the owner of private property or that owner's agent pursuant to this section if the owner of the abandoned property or the owner's agent returns to the abandoned property before it is removed from the private property. The regular towing charge may only be imposed after the abandoned property has been removed from the property and is in transit.

     7. Persons operating or in charge of any storage facility where the abandoned property is stored pursuant to this section shall accept cash for payment of towing and storage by a registered owner or the owner's agent claiming the abandoned property. [Persons operating or in charge of any storage facility which is not operated by the state, a county or municipality, which is located in an area with a population in excess of fifty thousand at a density at or greater than one thousand persons per square mile, and where the abandoned property is stored pursuant to this section shall accept a valid bank credit card for payment of towing and storage by a registered owner or the owner's agent claiming the abandoned property, except where the tow and impoundment of the abandoned property was the result of an arrest or accident whereby the towing company or storage facility may then demand payment in the form of cash. A person operating or in charge of such storage facility who refuses to accept a valid bank credit card pursuant to this subsection is liable to the registered owner of the abandoned property for four times the amount of the towing and storage charges, but not to exceed five hundred dollars.] In addition, persons operating or in charge of the storage facility shall have sufficient moneys on the premises to accommodate, and make change in, a reasonable monetary transaction.

     8. A towing company shall not remove or commence the removal of abandoned property from private property without first obtaining written authorization from the property owner. All written authorizations shall be maintained for at least one year by the towing company. General authorization to remove or commence removal of abandoned property at the towing company's discretion shall not be delegated to a towing company or its affiliates except in the case of abandoned property unlawfully parked within fifteen feet of a fire hydrant or in a fire lane designated by a fire department or the state fire marshal.

     9. Any towing company, or any affiliate of a towing company, which removes, or commences removal of, abandoned property from private property without first obtaining written authorization from the property owner or lessee, or an employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted in subsection 8 of this section, is liable to the owner of the property for four times the amount of the towing and storage charges, in addition to any applicable criminal penalty, for a violation of this section.

     10. Any county, city, town or village may enact ordinances or orders which are consistent with sections 304.155 to 304.158 and which may specify maximum reasonable towing, storage and other charges which can be imposed by towing and storage companies operating within the governmental entity's jurisdiction.

     11. Any person who knowingly violates any provision of sections 304.155 to 304.158 shall be guilty of a class A misdemeanor. Any violation of the provisions of this section shall constitute a violation of the provisions of section 407.020, RSMo. In any proceeding brought by the attorney general for a violation of the provisions of this section, the court may, in addition to imposing the penalties provided for in this section order the revocation or suspension of the registration or license of the towing company."; and

     Further amend said bill, page 34, Section B, line 29, by striking the following: "this act is" and inserting in lieu thereof the following: "sections 301.280, 301.550, 301.553, 301.555, 301.557, 301.559, 301.560, 301.561, 301.562, 301.563, 301.564, 301.565, 301.566, 301.570 and 301.573 are"; and further amend line 32, by striking "this act" and inserting in lieu thereof the following: "sections 301.280, 301.550, 301.553, 301.555, 301.557, 301.559, 301.560, 301.561, 301.562, 301.563, 301.564, 301.565, 301.566, 301.570 and 301.573"; and

     Further amend the title and enacting clause accordingly.

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

     Senator Jacob offered SA 4, which was read:

SENATE AMENDMENT NO. 4

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 738, Page 29, Section 3, Line 3, by inserting after all of said line the following:

     "Section 4. Upon a finding or plea of guilty to any felony with a required culpable mental state as set forth in subsection 2 or 3 of section 562.016, RSMo, the court shall, upon motion of any victim, conduct a hearing before final sentencing, to determine the amount due to the victim as restitution by a preponderance of the evidence. The victim may be represented by counsel other than the prosecutor in the hearing. The court shall issue a civil judgment in that amount payable to the victim. The court may, in its discretion, include the amount ordered to be payable to the victim for restitution as a condition of probation.

     Section 5. The board of probation and parole may, in its discretion, require restitution established pursuant to section 4 of this act, if any, to be paid by the offender as a condition of parole."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Singleton offered SA 5:

SENATE AMENDMENT NO. 5

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 738, Page 29, Section 3, Line 3, by inserting immediately after all of said line the following:

     "Section 4. At least two public defenders shall be reassigned to offices in the fortieth judicial circuit provided that each county in such circuit fund, on the basis of population, its pro rata share of the costs of office space and utility services.".

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

     Senator Rohrbach offered SA 6:

SENATE AMENDMENT NO. 6

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 738, Page 12, Section 302.545, Lines 15 to 27, by striking all of said lines; and

     Further amend said bill, page 12, section 302.545, line 28, by striking the following: "[2] 3." and inserting in lieu thereof the following: "2."; and

     Further amend said bill, page 29, section 2, lines 1 to 17, by striking all of said lines; and

     Further, by amending the title and enacting clause accordingly.

     Senator Rohrbach moved that the above amendment be adopted.

     At the request of Senator McKenna, SA 6 was divided into two parts; Part 1 to deal with page 12, Section 302.545 and Part 2 to deal with page 29, Section 2.

     Senator Rohrbach moved that Part 1 of SA 6 be adopted, which motion failed.

     Senator Rohrbach moved that Part 2 of SA 6 be adopted, which motion failed on a standing division vote.

     Senator Quick offered SA 7:

SENATE AMENDMENT NO. 7

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 738, Page 23, Section 577.023, Line 89, by inserting immediately after said line the following:

     "577.037. 1. Upon the trial of any person for violation of any of the provisions of section 565.024, RSMo, or section 565.060, RSMo, or section 577.010 or 577.012, or upon the trial of any criminal action or violations of county or municipal ordinances or in any license suspension or revocation proceeding pursuant to the provisions of chapter 302, RSMo, arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence and the provisions of subdivision (5) of section 491.060, RSMo, shall not prevent the admissibility or introduction of such evidence if otherwise admissible. If there was ten-hundredths of one percent or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.

     2. Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood or grams of alcohol per two hundred ten liters of breath.

     3. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was intoxicated.

     4. A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in subsection 1 of this section, shall have been performed as provided in sections 577.020 to 577.041 and in accordance with methods and standards approved by the state department of health. Any person who submits to a chemical test shall sign a form stating that such test was conducted before such test may be admitted into evidence, unless such test is conducted pursuant to section 577.033. Such person may request that the results of the chemical test be made available to him.

     5. Any charge alleging a violation of section 577.010 or 577.012 or any county or municipal ordinance prohibiting driving while intoxicated or driving under the influence of alcohol shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva, or urine performed in accordance with sections 577.020 to 577.041 and rules promulgated thereunder by the state department of health demonstrate that there was less than ten-hundredths of one percent of alcohol in the defendant's blood unless one or more of the following considerations cause the court to find a dismissal unwarranted:

     (1) There is evidence that the chemical analysis is unreliable as evidence of the defendant's intoxication at the time of the alleged violation due to the lapse of time between the alleged violation and the obtaining of the specimen;

     (2) There is evidence that the defendant was under the influence of a controlled substance, or drug, or a combination of either or both with or without alcohol; or

     (3) There is substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Schneider offered SA 8:

SENATE AMENDMENT NO. 8

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 738, Page 19, Section 304.024, Line 7, by inserting after said line:

     "569.170. 1. A person commits the crime of burglary in the second degree when he knowingly enters unlawfully or knowingly remains unlawfully in a building, [or] inhabitable structure, railroad car, trailer or container on a railroad car, for the purpose of committing a crime therein.

     2. Burglary in the second degree is a class C felony."; and

     Further amend the title and enacting clause accordingly.

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

     Senator McKenna offered SA 9:

SENATE AMENDMENT NO. 9

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 738, Page 10, Section 302.309, Line 147, by inserting immediately after said line the following:

     "No rule or portion of a rule promulgated pursuant to this section shall become effective unless it has been promulgated in accordance with the provisions of chapter 536, RSMo, including, but not limited to, section 536.028, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed. The provisions of this section and section 536.028 are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void."; and

     Further amend page 19, section 304.012, line 12, by inserting immediately after said line the following:

     "536.028. 1. The delegation of authority to any state agency to propose to the general assembly rules as provided under this section is contingent upon the agency complying with the provisions of this section and this delegation of legislative power to the agency to propose an order of rulemaking containing a rule or portion thereof that has the effect of substantive law, other than a rule relating to the agency's organization and internal management, is contingent and dependent upon the power of the general assembly to review such proposed order of rulemaking, to delay the effective date of such proposed order of rulemaking until the expiration of at least thirty legislative days of a regular session after such order is filed with the general assembly and the secretary of state, and to disapprove and annul any rule or portion thereof contained in such order of rulemaking.

     2. No rule or portion of a rule that has the effect of substantive law shall become effective until the order of rulemaking, in which such rule or portion thereof is contained, has been reviewed by the general assembly in accordance with the procedures provided herein and the agency's authority to propose an order of rulemaking is dependent upon the power of the general assembly to disapprove and annul any such proposed rule or portion thereof as provided herein.

     3. In order for the general assembly to have an effective opportunity to be advised of rules proposed by any state agency under the authority of this section, an agency may propose a rule by complying with the procedures provided in section 536.021, except that the notice of proposed rulemaking shall first be filed with the general assembly by providing a copy thereof to the joint committee on administrative rules which may hold hearings upon any proposed rule or portion thereof at any time. The agency shall cooperate with the joint committee on administrative rules by providing any witnesses, documents or information within the control of the agency as may be requested.

     4. In order to propose an order of rulemaking to the general assembly, the agency shall comply with the provisions of section 536.021, except that the agency may file a proposed order of rulemaking with the secretary of state only by first filing such proposed order with the general assembly by providing a copy thereof to the secretary of the senate and the clerk of the house of representatives. The president pro tem of the senate shall direct that a copy of the proposed order of rulemaking be delivered to the joint committee on administrative rules which may hold hearings thereon. The agency shall cooperate with the committee by providing any witnesses, documents or information within the control of the agency as may be requested.

     5. Such proposed order of rulemaking shall not become effective prior to the expiration of thirty legislative days of a regular session after such order is filed with the secretary of state and the general assembly.

     6. The committee may, by majority vote of its members, recommend that the general assembly disapprove and annul any rule or portion thereof contained in an order of rulemaking after hearings thereon and, upon a finding that such rule or portion thereof should be disapproved and annulled upon the following grounds:

     (1) Such rule is substantive in nature in that it creates rights or liabilities or provides for sanctions as to any person, corporation or other legal entity; and

     (2) Such rule or portion thereof is not in the public interest or is not authorized by the general assembly for one or more of the following grounds:

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

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

     (c) Such proposed rule is likely to substantially endanger the public health, safety or welfare;

     (d) The rule exceeds the purpose, or is more restrictive than is necessary to carry out the purpose, of the statute granting rulemaking authority;

     (e) A substantial change in circumstance has occurred since enactment of the law upon which the proposed rule is based as to result in a conflict between the purpose of the law and the proposed rule, or as to create a substantial danger to public health and welfare;

     (f) The proposed rule is so arbitrary and capricious as to create such substantial inequity as to be unreasonably burdensome on persons affected.

     7. Any recommendation or report issued by the committee pursuant to subsection 6 of this section shall be admissible as evidence in any judicial proceeding and entitled to judicial notice without further proof.

     8. The general assembly may adopt a concurrent resolution in accordance with the provisions of article IV, section 8 of the Missouri constitution to disapprove and annul any rule or portion thereof upon one or more of the grounds stated in subsection 6 of this section.

     9. Any rule or portion thereof not disapproved within thirty legislative days of a regular session pursuant to subsection 8 of this section shall be deemed approved by the general assembly and the secretary of state may publish such order of rulemaking as soon as practicable upon the expiration of thirty legislative days of a regular session after the order of rulemaking was filed with the secretary of state and the general assembly.

     10. Upon adoption of such concurrent resolution as provided in subsection 8 of this section, the secretary of state shall not publish the order of rulemaking until the expiration of time necessary for such resolution to be signed by the governor, or vetoed and subsequently acted upon by the general assembly pursuant to article III, section 32 of the Missouri Constitution. If such concurrent resolution is adopted and signed by the governor or reconsidered pursuant to article III, section 32, the secretary of state shall publish in the Missouri Register, as soon as practicable, the order of rulemaking along with notice of the proposed rules or portions thereof which are disapproved and annulled by the general assembly.

     11. Notwithstanding the provisions of section 1.140, RSMo, the provisions of this section are nonseverable and the delegation of legislative authority to an agency to propose orders of rulemaking is essentially dependent upon the powers vested with the general assembly as provided herein. If any of the powers vested with the general assembly to review, to delay the effective date or to disapprove and annul a rule or portion of a rule contained in an order of rulemaking, are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking pursuant thereto shall be invalid and void.

     12. Nothing in this section shall prevent the general assembly from adopting by bill within thirty legislative days of a regular session the rules or portions thereof, or as the same may be amended, as contained in a proposed order of rulemaking. In that event, the proposed order of rulemaking shall have been superseded and any rule proposed therein shall be void and only such rules adopted by the general assembly and submitted to the governor may become effective. Rules so adopted shall be published by the secretary of state as soon as practicable. In that event, the secretary of state shall not publish the proposed order of rulemaking and such proposed order of rulemaking shall be invalid and void.

     13. Upon adoption of any rule now in effect or hereafter promulgated, any such rule or portion thereof may be revoked by the general assembly either by bill, or by concurrent resolution pursuant to article IV, section 8 of the constitution on recommendation of the committee on administrative rules upon the grounds listed in subsection 6 of this section. The secretary of state shall publish in the Missouri Register, as soon as practicable, notice of the revocation."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Mathewson resumed the Chair.

     Senator Caskey moved that SCS for HS for HCS for HB 738, as amended, be adopted, which motion prevailed.

     Senator Caskey was recognized to close.

     President Pro Tem McKenna referred SCS for HS for HCS for HB 738, as amended, to the Committee on State Budget Control.

     HCS for HB 276, with SCS, entitled:

     An Act relating to amusement ride safety, with penalty provisions.

     Was called from the Informal Calendar and taken up by Senator Quick.

     SCS for HCS for HB 276, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 276

     An Act to enact thirteen new sections relating to safety regulations for amusement rides, with penalty provisions.

     Was taken up.

     Senator Quick moved that SCS for HCS for HB 276 be adopted.

     Senator McKenna offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 276, Page 5, Section 1, Line 2 of said page, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill and page, section 2, line 1, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill and page, section 2, line 18, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 6, section 3, line 2, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 7, section 6, line 3, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 7, section 6, line 4, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 7, section 7, line 3, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 7, section 8, line 6, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 7, section 9, line 1, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 7, section 10, line 1, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 7, section 10, line 5, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 8, section 10, line 11, by striking the numeral "12" and inserting in lieu thereof "10."; and

     Further amend said bill, page 8, section 11, lines 1 to 31, by striking all of said section; and

     Further amend said bill, pages 8 to 9, section 12, lines 1 to 18, by striking all of said section; and

     Further amend the title and enacting clause accordingly.

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

     Senator Staples assumed the Chair.

     Senator Quick moved that SCS for HCS for HB 276, as amended, be adopted, which motion prevailed.

     On motion of Senator Quick, SCS for HCS for HB 276, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BentleyCurlsLybyer--3
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HB 301, introduced by Representatives Lumpe and Farmer, entitled:

     An Act to repeal section 143.183, RSMo 1994, relating to state income tax revenues from certain nonresidents, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up by Senator McKenna.

     Senator Caskey offered SA 1:

SENATE AMENDMENT NO. 1

     Amend House Bill No. 301, Page 3, Section 143.183, Line 68, by deleting said line and add in lieu thereof the following: "public radio stations which were qualified by the corporation for public broadcasting as of November 1, 1996. Such".

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

     Senator Wiggins resumed the Chair.

     Senator Kenney offered SA 2:

SENATE AMENDMENT NO. 2

     Amend House Bill No. 301, Page 2, Section 143.183, Lines 34-35, by striking the words "nonresident members of professional athletic teams and"; and

     Further amend said bill, Page 2, Section 143.183, Line 37, by striking the words "and professional athletic team"; and

     Further amend said bill, Page 2, Section 143.183, Lines 46-47, by striking the words "nonresident members of professional athletic teams and"; and

     Further amend said bill, Page 3, Section 143.183, Line 49, by striking the words "and professional athletic team"; and

     Further amend said bill, Page 3, section 143.183, lines 58-59, by striking the words "nonresident members of professional athletic teams and"; and

     Further amend said bill, Page 3, section 143.183, line 61, by striking the words "and professional athletic team"; and

     Further amend said bill, Pages 3-4, Section 143.183, Lines 83-84, by striking the words "nonresident members of professional athletic teams and"; and

     Further amend said bill, Page 4, Section 143.183, Line 86, by striking the words "and professional athletic team"; and

     Further amend said bill, Page 4, Section 143.183, Line 92, by inserting immediately after all of said line the following:

     "7. The commissioner of administration, for all taxable years beginning on or after January 1, 1998, but none after December 31, 2007, shall annually estimate the amount of state income tax revenues collected pursuant to this chapter which are received from nonresident members of athletic teams. For fiscal year 1999, and for each subsequent fiscal year for a period of nine years, the annual estimate of taxes generated from the professional athletic team income tax shall annually be allocated to the youth opportunities and violence prevention fund, an amount equal to forty percent of such estimate shall be transferred, subject to appropriation, from the general revenue fund to the youth opportunities and violence prevention fund established in section 620.1100, RSMo, and any amount transferred shall be in addition to such agency's budget base for each fiscal year.".

     Senator Kenney moved that the above amendment be adopted.

     At the request of Senator McKenna, HB 301, with SA 2 (pending), was placed on the Informal Calendar.

     Senator Clay assumed the Chair.

MESSAGES FROM THE HOUSE

     The following message was 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 Conference Committee Report on SCS for HCS for HB 10 and requests a further conference on SCS for HCS for HB 10 and the conferees be allowed to exceed the differences and the House conferees be instructed to adopt the following language to Conference Committee Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 10 as follows:

     "replacing Sections 10.685 and 10.690 with the following -

10.685 To the Department of Health

For the Division of Maternal, Child and Family Health

For the purpose of funding family planning services, pregnancy testing and follow-up services, provided that none of the funds may be expended for the purpose of performing, assisting, encouraging, or referring for an abortion and further provided that none of the funds may be expended to directly or indirectly subsidize abortion services or administrative expenses, as verified by independent audit, and none of the funds may be granted to organizations or their affiliates that provide or promote abortions.

     Notwithstanding the provisions of section 1.140, RSMo, the provisions of this section are nonseverable. If any provision of this section or the application thereof is held invalid or unconstitutional, then this section is invalid and void. It is the intent of the general assembly that there shall be no appropriation pursuant to this section if all or any part of the appropriation is made contrary to the provisions of this section, and there shall be no appropriation pursuant to this section if all or any part of this section is held invalid or unconstitutional.

     From General Revenue Fund $5,018,639

     From Federal Funds $1,464,819

     Total $6,483,458

10.690 to the Department of Health

For the Division of Maternal, Child and Family Health

For the purpose of funding alternatives to abortion services as follows: prenatal care, medical care, parenting skills, drug and alcohol testing and treatment, child care, newborn or infant care, alternative housing, alternative schooling, adoption assistance, job training and placement, efforts to promote responsible paternity, ultrasound services, case management for pregnancy maintenance, domestic abuse protection and transportation for women during their pregnancy and continuing for one year thereafter, excluding any service of the types described in section 10.685, provided that none of the funds may be expended for the purpose of performing, assisting, encouraging, or referring for an abortion and further provided that none of the funds may be expended to directly or indirectly subsidize abortion services or administrative expenses, as verified by independent audit, and none of the funds may be granted to organizations or their affiliates that provide or promote abortions.

     Notwithstanding the provisions of section 1.140, RSMo, the provisions of this section are nonseverable. If any provision of this section or the application thereof is held invalid or unconstitutional, then this section is invalid and void. It is the intent of the general assembly that there shall be no appropriation pursuant to this section if all or any part of the appropriation is made contrary to the provisions of this section, and there shall be no appropriation pursuant to this section if all or any part of this section is held invalid or unconstitutional.

     From General Revenue Fund $ 900,000".

     President Wilson resumed the Chair.

PRIVILEGED MOTIONS

     Senator Lybyer moved that the Senate refuse to recede from its position and request the House to take up and adopt the conference committee report on SCS for HCS for HB 10 and pass CCS for HB 10.

     Senator Klarich offered a substitute motion that the Senate request the House to grant a further conference on SCS for HCS for HB 10 and that the conferees be urged to consider the adoption of the attached language relating to sections 10.685 and 10.690:

10.685 To the Department of Health

For the Division of Maternal, Child and Family Health

     1. For the purpose of funding family planning services, pregnancy testing and follow-up services, provided that none of the funds may be expended for the purpose of performing, assisting, encouraging, or referring for abortion and further provided that none of the funds may be expended to directly or indirectly subsidize abortion services or administrative expenses, as verified by independent audit, and none of the funds may be granted to organizations or affiliates of organizations which provide or promote abortions.

     2. If any provision of subsection 1 of this section is held invalid, then this appropriation shall be in accordance with subsection 3, otherwise subsection 3 shall have no effect.

     3. For the purpose of funding family planning services, pregnancy testing and follow-up services provided directly by the division of maternal, child and family health or provided directly by public health entities through contractual agreement with the division, provided that none of these funds may be expended for the purpose of encouraging or referring for abortion.

     From General Revenue Fund $5,018,639

     From Federal Funds $1,464,819

     Total $6,483,458

10.690 To the Department of Health

For the Division of Maternal, Child and Family Health

     1. For the purpose of funding alternatives to abortion services as follows: prenatal care, medical care, parenting skills, drug and alcohol testing and treatment, child care, newborn or infant care, alternative housing, alternative schooling, adoption assistance, job training and placement, efforts to promote responsible paternity, ultrasound services, case management for pregnancy maintenance, domestic abuse protection and transportation, such services to be for women during their pregnancy and continuing for one year thereafter, excluding any service of the types described in section 10.685, provided that none of the funds may be expended for the purpose of performing, assisting, encouraging, or referring for abortion and further provided that none of the funds may be expended to directly or indirectly subsidize abortion services or administrative expenses, as verified by independent audit, and none of the funds may be granted to organizations or affiliates of organizations which provide or promote abortions.

     2. If any provision of subsection 1 of this section is held invalid, then this appropriation shall be in accordance with subsection 3, otherwise subsection 3 shall have no effect.

     3. For the purpose of funding alternatives to abortion services provided directly by the division of maternal, child and family health or provided directly by public health entities through contractual agreement with the division, as follows: prenatal care, medical care, parenting skills, drug and alcohol testing and treatment, child care, newborn or infant care, alternative housing, alternative schooling, adoption assistance, job training and placement, efforts to promote responsible paternity, ultrasound services, case management for pregnancy maintenance, domestic abuse protection and transportation, such services to be for women during their pregnancy and continuing for one year thereafter, excluding any service of the types described in section 10.685, provided that none of these funds may be expended for the purpose of encouraging or referring for abortion.

From General Revenue Fund     $900,000.

     At the request of Senator Klarich, the above substitute motion was withdrawn.

     Senator Lybyer withdrew his motion, then moved that the Senate refuse to recede from its position on SCS for HCS for HB 10 and request the House grant a further conference without restrictions, which motion prevailed.

MESSAGES FROM THE HOUSE

     The following message was 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 adopted the Conference Committee Report on SCS for HCS for HB 11 and has taken up and passed CCS for HB 11.

CONFERENCE COMMITTEE REPORTS

     Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 11 submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL NO. 11

     Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 11, begs leave to report that we, after open, free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 11, and that the House recede from its position on House Committee Substitute for House Bill No. 11, and the Conference Committee Substitute for House Bill No. 11, be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Mike Lybyer      /s/ Sheila Lumpe

/s/ Harry Wiggins      /s/ Deleta Williams

/s/ Wayne Goode      /s/ Scott Lakin

/s/ John T. Russell      /s/ Pat Kelley

/s/ Marvin Singleton      /s/ Rich Chrismer

     Senator Lybyer moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

     On motion of Senator Lybyer, CCS for HB 11, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 11

     An Act to appropriate money for the expenses, grants, and distributions of the Department of Social Services and the several divisions and programs thereof 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 read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

     On motion of Senator 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.

     Senator Quick requested leave of the Senate that the conferees on Appropriations be allowed to meet while the Senate is in session, which request was granted.

PRIVILEGED MOTIONS

     Senator Staples, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 132, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 132

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Bill No. 132, with House Amendments Nos. 1, 2, 3 and 4; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Amendments Nos. 3 and 4 to House Committee Substitute for Senate Bill No. 132;

     2. That the Senate recede from its position on House Amendments Nos. 1 and 2 to House Committee Substitute for Senate Bill No. 132;

     3. That Conference Committee Amendment No. 1 be adopted.

     4. That the House Committee Substitute for Senate Bill No. 132, with House Amendments Nos. 1 and 2 and the attached Conference Committee Amendment No. 1 be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Danny Staples      /s/ Rita D. Days

/s/ William P.McKenna /s/ May Scheve

/s/ Mike Lybyer      /s/ Larry Thomason

/s/ Sam Graves      /s/ Beth Long

/s/ Morris Westfall      /s/ Catherine Enz

CONFERENCE COMMITTEE AMENDMENT NO. 1

     Amend House Committee Substitute for Senate Bill No. 132, Page 31, Section 115.284, Line 34, by inserting after the word "ballot" the word "application"; and

     Further amend said bill, Page 53, Section 116.160, Line 6, by inserting immediately after the word "prepare" the following: "and transmit to the attorney general"; and

     Further amend said bill, page 53, Section 116.160, Line 11, by inserting after the word "bill" the following: ". The attorney general shall within ten days approve the legal content and form of the proposed statement"; and

     Further amend said bill, Page 56, Section 116.334, Lines 3-4, by striking the following: "or upon receipt of a joint resolution or a bill referred by the general assembly to a vote of the people,".

     Senator Staples moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksCaskeyChildersDePasco
EhlmannFlotronGoodeGraves
HouseHowardJohnsonKenney
KinderKlarichMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators--None
Absent--Senators
BentleyClayCurlsJacob
Lybyer--5
Absent with leave--Senators--None

     On motion of Senator Staples, HCS for SB 132, as amended by the conference committee report, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersDePasco
EhlmannFlotronGoodeGraves
HouseHowardJohnsonKenney
KinderKlarichMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators--None
Absent--Senators
BentleyClayCurlsJacob
Lybyer--5
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksCaskeyChildersDePasco
EhlmannFlotronGoodeGraves
HouseHowardJohnsonKenney
KinderKlarichMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators--None
Absent--Senators
BentleyClayCurlsJacob
Lybyer--5
Absent with leave--Senators--None

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

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

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

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 Speaker has appointed the following conferees to act with a like committee from the Senate on HCS for HBs 424 and 534, as amended: Representatives: Crump, McBride, Ransdall, Long and Ballard.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HS for HCS for SB 142, as amended: Representatives: May (108), O'Toole, Rizzo, Wannemacher and Gaston.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HB 394: Representatives: Scheve, Backer, Gratz, Loudon and Hohulin.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SB 315, as amended: Representatives: Koller, Franklin, Stoll, Hartzler (124) and Shields.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HB 816: Representatives: Williams (159), Leake, Thomason, Legan and Gaston.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HCR 28 and has again taken up and passed HCR 28 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SSA 1 for SA 1 to HCS for HJR 9 and has again taken up and passed HCS for HJR 9 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SA 1, SA 2 to HCS for HB 459 and has again taken up and passed HCS for HB 459 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1, SA 1 to HB 129 and has again taken up and passed HB 129 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HS for HB 390, 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 adopted the Conference Committee Report on SCS for HB 655, as amended, and has taken up and passed CCS for HB 655.

     Emergency clause adopted.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for SB 56, as amended, and has taken up and passed CCS for SB 56.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for SB 241, as amended, and has taken up and passed CCS for SB 241.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for HBs 600 and 388 and has taken up and passed HCS for HBs 600 and 388, as amended.

     Emergency clause adopted.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for HBs 424 and 534 and has taken up and passed HCS for HBs 424 and 534, as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HS for HCS for HBs 69 and 179 and HCS for HB 669, 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 Part I and Part 2 of HS for HCS for SS for SB 121, entitled:

     An Act to repeal sections 307.173 and 307.178, RSMo 1994, and section 301.030, RSMo Supp. 1996, relating to motor vehicles, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

     With House Amendment No. 1; House Amendment No. 1 to Part 2; House Amendment No. 2 to Part 2; House Substitute Amendment No. 1 for House Amendment No. 4 to Part 2 of HS for HCS for SS for SB No. 121; and Parts 1 and 2 of House Substitute Amendment No. 1 for House Amendment No. 3.

HOUSE AMENDMENT NO. 1

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 121, Page 6, Section 307.173, Line 3, by inserting after said line the following:

     "4. No person shall be stopped, inspected or detained solely to determine compliance with this section." and

     Further renumber accordingly.

HOUSE AMENDMENT NO. 1 TO PART 2

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 121, Page 7, Section 307.178, Line 2, by deleting the word "twenty-one" and inserting in lieu thereof the word "eighteen".

HOUSE AMENDMENT NO. 2 TO PART II

     Amend Part II of House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 121, Page 11, Section 1, Line 12, by inserting after all of said line the following:

     "302.020. 1. Unless otherwise provided for by law, it shall be unlawful for any person, except those expressly exempted by section 302.080, to:

     (1) Operate any vehicle upon any highway in this state unless the person has a valid license;

     (2) Operate a motorcycle or motortricycle upon any highway of this state unless such person has a valid license that shows the person has successfully passed an examination for the operation of a motorcycle or motortricycle as prescribed by the director. The director may indicate such upon a valid license issued to such person, or shall issue a license restricting the applicant to the operation of a motorcycle or motortricycle if the actual demonstration, required by section 302.173, is conducted on such vehicle;

     (3) Authorize or knowingly permit a motorcycle or motortricycle owned by such person or under such person's control to be driven upon any highway by any person whose license does not indicate that the person has passed the examination for the operation of a motorcycle or motortricycle or has been issued an instruction permit therefor;

     (4) Operate a motor vehicle with an instruction permit or license issued to another person.

     2. Every person who is under twenty-one years of age operating or riding as a passenger on any motorcycle or motortricycle, as defined in section 301.010, RSMo, upon any highway of this state shall wear protective headgear at all times the vehicle is in motion. The protective headgear shall meet reasonable standards and specifications established by the director.

     3. Notwithstanding the provisions of section 302.340, violation of subsection 1 of this section shall be deemed a class C misdemeanor and the penalty for failure to wear protective headgear as required by subsection 2 of this section shall be deemed an infraction for which a fine not to exceed twenty-five dollars may be imposed. Notwithstanding all other provisions of law and court rules to the contrary, no court costs shall be imposed upon any person due to such violation. No points shall be assessed pursuant to section 302.302 for a failure to wear such protective headgear."; and

     Further amend said bill, by amending the title and enacting clause accordingly.

HOUSE SUBSTITUTE AMENDMENT NO. 1

FOR HOUSE AMENDMENT NO. 4

     Amend Part II of House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 121, Page 7, Section 2, Line 9, by adding after said line the following:

     "If there are more persons than there are seat belts in the enclosed area of a motor vehicle, then the driver and passengers are not in violation of this section.".

HOUSE SUBSTITUTE AMENDMENT NO. 1

FOR HOUSE AMENDMENT NO. 3

     Amend Part II of House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 121, Page 9, Section 307.178, Line 9 of said page, by inserting after all of said line the following:

     "307.350. 1. The owner of every motor vehicle as defined in section 301.010, RSMo, which is required to be registered in this state, except:

     (1) New motor vehicles which have not been previously titled and registered, prior to the initial motor vehicle registration or the next succeeding registration which is required by law;

     (2) Those motor vehicles which are engaged in interstate commerce and are proportionately registered in this state with the Missouri highway reciprocity commission, although the owner may request that such vehicle be inspected by an official inspection station, and a peace officer may stop and inspect such vehicles to determine whether the mechanical condition is in compliance with the safety regulations established by the United States Department of Transportation; and

     (3) Historic motor vehicles registered pursuant to section 301.131, RSMo; shall submit such vehicles to [an annual] a biennial inspection of their mechanism and equipment in accordance with the provisions of sections 307.350 to 307.390 and obtain a certificate of inspection and approval and a sticker, seal, or other device from a duly authorized official inspection station. The inspection, except the inspection of school buses which shall be made at the time provided in section 307.375, shall be made at the time prescribed in the rules and regulations issued by the superintendent of the Missouri state highway patrol; but the inspection of a vehicle shall not be made more than sixty days prior to the date of application for annual registration in a year in which an inspection is required or within sixty days of when a vehicle's registration is transferred. The certificate of inspection and approval shall be a sticker, seal, or other device or combination thereof, as the superintendent of the Missouri state highway patrol prescribes by regulation and shall be displayed upon the motor vehicle or trailer as prescribed by the regulations established by him. The replacement of certificates of inspection and approval which are lost or destroyed shall be made by the superintendent of the Missouri state highway patrol under regulations prescribed by him.

     2. For the purpose of obtaining an inspection only, it shall be lawful to operate a vehicle over the most direct route between the owner's usual place of residence and an inspection station of such owner's choice, notwithstanding the fact that the vehicle does not have a current state registration license. It shall also be lawful to operate such a vehicle from an inspection station to another place where repairs may be made and to return the vehicle to the inspection station notwithstanding the absence of a current state registration license.

     [3. No person whose motor vehicle was duly inspected and approved as provided in this section shall be required to have the same motor vehicle again inspected and approved for the sole reason that such person wishes to obtain a set of any special personalized license plates available pursuant to section 301.144, RSMo, or a set of any license plates available pursuant to section 301.142, RSMo, prior to the expiration date of such motor vehicle's current annual registration.

     4.] 3. Notwithstanding the provisions of section 307.390, violation of this section shall be deemed an infraction.

     307.353. Other provisions of law notwithstanding, no person shall be required to have [an annual] a biennial vehicle inspection during a registration period which exceeds one year. The inspection required at the beginning of the registration period shall be valid for the entire registration period.

307.355. 1. No state registration license to operate the type of vehicle required to be inspected by section 307.350 may be transferred or issued unless the application for the transfer of a license or the application for annual registration is accompanied by a current certificate of inspection and approval issued not more than sixty days prior to the date of the application in a year in which an inspection is required, or, in the cases of school buses, the current certificate of inspection and approval issued at the time provided in section 307.375 next preceding the date of application, except:

     (1) The director of revenue may transfer or issue a state registration license to the type of vehicle required to be inspected by section 307.350 without a certificate of inspection and approval accompanying the application if the director has satisfactory evidence that the vehicle was not in the state of Missouri at any time during the sixty days prior to the date of application; however, the owner of every such vehicle must submit the vehicle for inspection and obtain a certificate of inspection and approval within ten days after the vehicle is first returned to the state of Missouri.

     (2) The director of revenue shall renew a vehicle's registration license without a certificate of inspection and approval accompanying the application if satisfactory documentary evidence is presented at the time of application that the license being renewed was properly transferred within a six-month period prior to the expiration of the license being renewed or that the vehicle for which the registration is being issued was issued a registration for a period of less than one year for the registration period just expiring.

     2. If due to interstate operation a commercial motor vehicle as defined in section 301.010, RSMo, or a trailer of the type required to be inspected is required to obtain full fee registration in this and any other state during the same calendar year, no Missouri certificate of inspection and approval is required if the vehicle bears evidence that a current valid inspection sticker or decal was issued by such other state in which the vehicle is registered; provided that the sticker or decal issued by such other state is valid for the registration period in this state.

     3. After a commercial motor vehicle as defined in section 301.010, RSMo, has been registered for the current year, no certificate of inspection and approval is required when a local commercial motor vehicle license is changed to a beyond-local commercial motor vehicle license or when the licensed gross weight is changed during the licensed period.

     307.365. 1. No permit for an official inspection station shall be assigned or transferred or used at any location other than therein designated and every permit shall be posted in a conspicuous place at the location designated. The superintendent of the Missouri state highway patrol shall design and furnish each official inspection station, at no cost, one official sign made of metal or other durable material to be displayed in a conspicuous location to designate the station as an official inspection station. Additional signs may be obtained by an official inspection station for a fee equal to the cost to the state. Each inspection station shall also be supplied with one or more posters which must be displayed in a conspicuous location at the place of inspection and which informs the public that required repairs or corrections need not be made at the inspection station.

     2. No person operating an official inspection station under the provisions of sections 307.350 to 307.390 may issue a certificate of inspection and approval for any vehicle except upon an official form furnished by the superintendent of the Missouri state highway patrol for that purpose and only after inspecting the vehicle and determining that its brakes, lighting equipment, signaling devices, steering mechanisms, horns, mirrors, windshield wipers, tires, wheels, exhaust system, glazing, air pollution control devices, fuel tank and any other safety equipment as required by the state are in proper condition and adjustment to be operated upon the public highways of this state with safety to the driver or operator, other occupants therein, as well as other persons and property upon the highways, as provided by sections 307.350 to 307.390 and the regulations prescribed by the superintendent of the Missouri state highway patrol. No person operating an official inspection station shall furnish, loan, give or sell a certificate of inspection and approval to any other person except those entitled to receive it under provisions of sections 307.350 to 307.390. No person shall have in his possession any certificate of inspection and approval and/or inspection sticker with knowledge that the certificate and/or inspection sticker has been illegally purchased, stolen or counterfeited.

     3. The superintendent of the Missouri state highway patrol may require officially designated stations to furnish reports upon forms furnished by him for that purpose as he considers reasonably necessary for the proper and efficient administration of sections 307.350 to 307.390.

     4. If, upon inspection, defects or unsafe conditions are found, the owner may correct them himself or shall have them corrected at any place of his own choice within fifteen days after the defect or unsafe condition is found, and shall have the right to remove the vehicle to such place for correction, but before the vehicle is operated thereafter upon the public highways of this state, a certificate of inspection and approval must be obtained. The inspecting personnel of the official inspection station must inform the owner that he need not have the corrections made at the inspection station.

     5. A fee, not to exceed [seven] fourteen dollars, as determined by each official inspection station, may be charged by an official inspection station for each official inspection including the issuance of the certificate of inspection and approval, sticker, seal or other device and a total fee, not to exceed six dollars, as determined by each official inspection station, may be charged for an official inspection of a trailer or motorcycle, which shall include the issuance of the certificate of inspection and approval, sticker, seal or other device. Such fee shall be conspicuously posted on the premises of each such official inspection station. No owner shall be charged an additional inspection fee upon having corrected defects or unsafe conditions found in an inspection completed within the previous ten consecutive days, excluding Saturdays, Sundays and holidays, if such follow-up inspection is made by the station making the initial inspection. Every inspection for which a fee is charged shall be a complete inspection, and upon completion of the inspection, if any defects are found the owner of the vehicle shall be furnished a list of the defects and a receipt for the fee paid for the inspection. If the owner of a vehicle decides to have any necessary repairs or corrections made at the official inspection station, he shall be furnished a written estimate of the cost of such repairs before such repairs or corrections are made by the official inspection station. The written estimate shall have plainly written upon it that the owner understands that he need not have the corrections made by the official inspection station and shall have a signature line for the owner. The owner must sign below the statement on the signature line before any repairs are made.

     6. Certificates of inspection and approval, sticker, seal or other device shall be purchased by the official inspection stations from the superintendent of the Missouri state highway patrol. The superintendent of the Missouri state highway patrol shall collect a fee of seventy-five cents for each certificate of inspection, sticker, seal or other device issued to the official inspection stations, except that no charge shall be made for certificates of inspection, sticker, seal or other device issued to official inspection stations operated by governmental entities. All fees collected shall be deposited in the state treasury with fifty cents of each fee collected credited to the state highway fund and, for the purpose of administering and enforcing the state motor vehicle laws and traffic regulations, twenty-five cents credited to the "Highway Patrol Inspection Fund" which is hereby created. The moneys collected and deposited in the highway patrol inspection fund shall be expended subject to appropriations by the general assembly for the administration and enforcement of sections 307.350 to 307.390 by the Missouri state highway patrol. The unexpended balance in the fund at the end of each biennium exceeding the amount of the appropriations from the fund for the first two fiscal years shall be transferred to the state road fund, and the provisions of section 33.080, RSMo, relating to the transfer of funds to the general revenue fund at the end of the biennium, shall not apply to the fund.

     7. The owner or operator of any inspection station who discontinues operation during the period that a station permit is valid or whose station permit is suspended or revoked shall return all official signs and posters and any current unused inspection stickers, seals or other devices to the superintendent of the Missouri state highway patrol and shall receive a full refund on request except for official signs and posters, provided the request is made during the calendar year or within sixty days thereafter in the manner prescribed by the superintendent of the Missouri state highway patrol. Stations which have a valid permit shall exchange unused previous year issue inspection stickers and/or decals for an identical number of current year issue, provided the unused stickers and/or decals are submitted for exchange not later than April thirtieth of the current calendar year, in the manner prescribed by the superintendent of the Missouri state highway patrol.

     307.366. 1. This enactment of the emissions inspection program is a mandate of the United States Congress pursuant to the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq. In any city not within a county, any county of the first classification having a population of over nine hundred thousand inhabitants according to the most recent decennial census, any county of the first classification with a charter form of government and a population of not more than two hundred twenty thousand inhabitants and not less than two hundred thousand inhabitants according to the most recent decennial census, any county of the first classification without a charter form of government with a population of not more than one hundred eighty thousand inhabitants and not less than one hundred seventy thousand inhabitants according to the most recent decennial census and any county of the first classification without a charter form of government with a population of not more than eighty-two thousand inhabitants and not less than eighty thousand inhabitants according to the most recent decennial census, [as a part of the motor vehicle inspection procedure required by sections 307.350 to 307.390,] certain motor vehicles shall be tested to determine that the emissions system is functioning within the emission standards as specified by the Missouri air conservation commission and as required to attain the national health standards for air quality. The motor vehicles to be tested shall be all vehicles except those specifically exempted pursuant to subdivisions (1) to (3) of subsection 1 of section 307.350 and those exempted pursuant to this section. Motor vehicles shall have their emission systems tested annually and where applicable, the vehicles shall be tested as part of the motor vehicle safety inspection procedure required by sections 307.350 to 307.390.

     2. The provisions of this section shall not apply to:

     (1) Motor vehicles with a manufacturer's gross vehicle weight rating in excess of eight thousand five hundred pounds;

     (2) Motorcycles and motortricycles;

     (3) Model year vehicles prior to 1971;

     (4) School buses;

     (5) Diesel-powered vehicles;

     (6) Motor vehicles registered in the area covered by this section but which are based and operated exclusively in an area of this state not subject to the provisions of this section if the owner of such vehicle presents to the director a sworn affidavit that the vehicle will be based and operated outside the covered area; and

     (7) New motor vehicles not previously titled or registered prior to the initial motor vehicle registration or the next succeeding registration which is required by law.

Each official inspection station which conducts safety or emissions inspections in a city or county referred to in subsection 1 of this section shall indicate the gross vehicle weight rating of the motor vehicle on the safety inspection certificate if the vehicle is exempt from the emissions inspection pursuant to subdivision (1) of this subsection.

     3. In addition to the fee authorized by subsection 5 of section 307.365, a fee, not to exceed eight dollars and fifty cents for inspections conducted prior to January 1, 1993, and not to exceed ten dollars and fifty cents for inspections conducted thereafter, as determined by each official safety and emissions inspection station located in any city or county described in subsection 1 of this section, may be charged for an automobile emissions and air pollution control inspection in order to attain the national health standards for air quality. Such fee shall be conspicuously posted on the premises of each such inspection station. The official safety and emissions inspection station shall issue a certificate of inspection and an approval sticker or seal certifying the emissions system is functioning properly. The certificate or approval issued shall bear the legend: "This cost is mandated by your United States Congress." No owner shall be charged an additional fee after having corrected defects or unsafe conditions in the automobile's emissions and air pollution control system if the reinspection is completed within twenty consecutive days, excluding Saturdays, Sundays and holidays, and if such follow-up inspection is made by the station making the initial inspection.

     4. The air conservation commission shall establish, by rule, a waiver amount which may be lower for older model vehicles and which shall be no greater than seventy-five dollars for model year vehicles prior to 1981 and no greater than two hundred dollars for model year vehicles of 1981 and all subsequent model years.

     5. An owner whose vehicle fails upon reinspection to meet the emission standards specified by the Missouri air conservation commission shall be issued a certificate of inspection and an approval sticker or seal by the official safety and emissions inspection station that provided the inspection if the vehicle owner furnishes a complete, signed affidavit satisfying the requirements of this subsection and the cost of emissions repairs and adjustments is equal to or greater than the waiver amount established by the air conservation commission pursuant to this section. The air conservation commission shall establish, by rule, a form and a procedure for verifying that repair and adjustment was performed on a failing vehicle prior to the granting of a waiver and approval. The waiver form established pursuant to this subsection shall be an affidavit requiring:

     (1) A statement signed by the repairer that the specified work was done and stating the itemized charges for the work; and

     (2) A statement signed by the inspector that an inspection of the vehicle verified, to the extent practical, that the specified work was done.

     6. The department of revenue shall require evidence of the inspection and approval required by this section in issuing the motor vehicle annual registration in conformity with the procedure required by sections 307.350 to 307.370.

     7. Each safety and emissions inspection station located in any city or county described in subsection 1 of this section shall purchase from the highway patrol sufficient forms and stickers or other devices to evidence approval of the motor vehicle's emissions control system. In addition, safety and emissions inspection stations may be required to purchase forms for use in automated analyzers from outside vendors of the inspection station's choice. The forms must comply with state regulations.

     8. In addition to the fee collected by the superintendent pursuant to subsection 5 of section 307.365, the highway patrol shall collect a fee of seventy-five cents for each automobile emissions certificate issued to the applicable official safety and emissions inspection stations, except that no charge shall be made for certificates of inspection issued to official safety and emissions inspection stations operated by governmental entities. All fees collected by the superintendent pursuant to this section shall be deposited in the state treasury to the credit of the "Missouri Air Pollution Control Fund", which is hereby created.

     9. The moneys collected and deposited in the Missouri air pollution control fund pursuant to this section shall be allocated on an equal basis to the Missouri state highway patrol and the Missouri department of natural resources, air pollution control program, and shall be expended subject to appropriation by the general assembly for the administration and enforcement of sections 307.350 to 307.390. The unexpended balance in the fund at the end of each appropriation period shall not be transferred to the general revenue fund, except as directed by the general assembly by appropriation, and the provisions of section 33.080, RSMo, relating to the transfer of funds to the general revenue fund at the end of the biennium, shall not apply to this fund. The moneys in the fund shall be invested by the treasurer as provided by law, and the interest shall be credited to the fund.

     10. The superintendent of the Missouri state highway patrol shall issue such rules and regulations as are necessary to determine whether a motor vehicle's emissions control system is operating as required by subsection 1 of this section, and the superintendent and the state highways and transportation commission shall use their best efforts to seek federal funds from which reimbursement grants may be made to those official inspection stations which acquire and use the necessary testing equipment which will be required to perform the tests required by the provisions of this section.

     11. The provisions of this section shall not apply in any county for any time period during which the air conservation commission has established a motor vehicle emissions inspection program pursuant to sections 643.300 to 643.355, RSMo, for such county.

     12. Notwithstanding the provisions of section 307.390, violation of this section shall be deemed a class C misdemeanor."; and

     Further amend said bill's title and enacting clause accordingly.

     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 SCS for SB 89, entitled:

     An Act to repeal sections 49.310, 67.582, 221.010, 221.111, 221.400, 221.405 and 221.410, RSMo 1994, relating to jails, and to enact in lieu thereof twelve new sections relating to the same subject, with penalty provisions.

     With House Amendments Nos. 1, 2, 3 and 4.

HOUSE AMENDMENT NO. 1

     Amend House Substitute for House committee Substitute for Senate Committee Substitute for Senate Bill No. 89, Page 1, In the Title, Line 4 of said page, by inserting after the figure "1994," the following: "and section 56.265, RSMo Supp. 1996,"; and

     Further amend said bill, Page 1, In the Title, Line 5 of said page, by deleting the word "twelve" and inserting in lieu thereof the word "fifteen"; and

     Further amend said bill, Page 1, Section A, Line 10 of said page, by inserting after the figure "1994," the following: "and section 56.265, RSMo Supp. 1996,"; and

     Further amend said bill, Page 1, Section A, Line 10 of said page, by deleting the word "twelve" and inserting in lieu thereof the word "fifteen"; and

     Further amend said bill, Page 1, Section A, Line 12 of said page, by inserting after the figure "49.310," the following: "56.265,"; and

     Further amend said bill, Page 1, Section A, Line 13 of said page, by deleting the word and figure "and 2" and inserting in lieu thereof the following: ", 2, 3 and 4"; and

     Further amend said bill, Page 5, Section 49.310, Line 5 of said page, by inserting after all of said line the following:

     "56.265. 1. The county prosecuting attorney in any county, other than in a [first class] chartered county of the first classification, shall receive an annual salary computed as set forth in the following schedule, when applicable. The population factor shall be as disclosed in the last preceding federal decennial census and the assessed valuation factor shall be the amount thereof as shown for the year next preceding the computation. The provisions of this section shall not permit or require a reduction in the amount of compensation received by any person holding the office of prosecuting attorney on January 1, 1988.

     (1) For a full-time prosecutor [in a county of the first or second class:

     Assessed Valuation Amount

$100,000,000 to 200,000,000 $36,000

200,000,001 to 300,000,000 38,000

300,000,001 to 400,000,000 41,000

400,000,001 to 500,000,000 44,000

500,000,001 to 750,000,000 46,000

750,000,001 to 1,000,000,000 48,000

1,000,000,001 or more 50,000

     Population Amount

Less than 50,000 $ 9,000

50,001 to 75,000 11,000

75,001 to 100,000 12,000

100,001 or more 13,000], the

prosecutor shall receive compensation equal to the compensation of an associate circuit judge;

     (2) For a part-time prosecutor in a [second class] county of the second classification:

     Assessed Valuation Amount

$00 to 50,000,000 $35,000

50,000,001 to 100,000,000 36,000

100,000,001 to 150,000,000 37,000

150,000,001 to 170,000,000 39,000

170,000,001 to 250,000,000 40,000

250,000,001 to 300,000,000 41,000

300,000,001 to 350,000,000 42,000

350,000,001 to 400,000,000 43,000

400,000,001 or more 44,000

     Population Amount

Less than 20,000 $ 1,000

20,001 to 30,000 2,000

30,001 to 40,000 3,000

40,001 to 75,000 4,000

75,001 or more 5,000

     (3) In [second class] counties of the second classification which contain facilities which are operated by the department of corrections with a total average yearly inmate population in excess of two thousand persons, the prosecuting attorney shall receive thirteen thousand dollars per annum in addition to all other compensation provided by law; however, the total annual compensation of such prosecuting attorney holding office on January 1, 1988, shall not be increased by more than nine thousand dollars above the compensation which [he] the prosecuting attorney is receiving on January 1, 1988, during the term of office [he] the prosecuting attorney is serving at that time. The provisions of this subdivision shall expire on December 31, 1998.

     (4) For a part-time prosecutor in a county of the third or fourth [class] classification:

     Assessed Valuation Amount

Less than $25,000,000 $30,000

25,000,001 to 50,000,000 31,000

50,000,001 to 75,000,000 32,000

75,000,001 to 100,000,000 33,000

100,000,001 to 125,000,000 34,000

125,000,001 to 150,000,000 35,000

150,000,001 to 200,000,000 36,000

200,000,001 to 300,000,000 37,000

300,000,001 to 400,000,000 38,000

400,000,001 to 500,000,000 39,000

500,000,001 or more 40,000

     Population Amount

Less than 25,000 $ 1,000

25,001 to 50,000 2,000

50,001 to 100,000 3,000

100,001 to 150,000 4,000

150,001 or more 5,000

     [(5) For a circuit attorney in a city not within a county, the annual salary shall be sixty-four thousand dollars until December 31, 1993.]

     2. Two thousand dollars of the salary authorized in this section shall be payable to the prosecuting attorney only if [he] such prosecuting attorney has completed at least twenty hours of classroom instruction each calendar year relating to the operations of the prosecuting attorney's office when approved by a professional association of the county prosecuting attorneys of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each prosecuting attorney who completes the training program and shall send a list of certified prosecuting attorneys to the treasurer of each county. Expenses incurred for attending the training session may be reimbursed to the county prosecuting attorney in the same manner as other expenses as may be appropriated for that purpose.

     3. As used in this section, the term "prosecuting attorney" includes the circuit attorney of any city not within a county.

     4. [The prosecuting attorney in any county, other than a first class charter county, shall not, except upon two-thirds vote of all the members of the salary commission, receive an annual compensation in an amount less than the total compensation being received for the office of prosecuting attorney in the particular county for services rendered or performed on the date the salary commission votes.

     5.] In a county of the first [class] classification, which was a county of the second [class] classification on January 1, 1988, and in which the circuit court sits in two different cities, the prosecuting attorney shall be part time and the compensation shall be five percent less than the formula provided for prosecuting attorney compensation in subdivision (1) of subsection 1 of this section.

     5. The provisions of subdivision (3) of subsection 1 of this section and the provisions of subsections 2 and 3 of section 56.066 shall not apply to full-time prosecutors who are compensated pursuant to subdivision (1) of subsection 1 of this section.

     Section 3. The county commission of any county may on its own motion and shall upon the petition of ten percent of the total number of people who voted in the previous general election in the county submit to the voters at a general or special election the proposition of making the county prosecutor a full-time position. The commission shall cause notice of the election to be published in a newspaper published within the county, or if no newspaper is published within the county, in a newspaper published in an adjoining county, for three weeks consecutively, the last insertion of which shall be at least ten days and not more than thirty days before the day of the election, and by posting printed notices thereof at three of the most public places in each township in the county. The proposition shall be put before the voters substantially in the following form:

     Shall the office of prosecuting attorney be made a full-time position in

County?

     [ ] Yes [ ] No

If a majority of the voters voting on the proposition vote in favor of making the county prosecutor a full-time position, it shall become effective upon the date that the prosecutor who is elected at the next election subsequent to the passage of such proposal is sworn into office.

     Section 4. In any county in which the voters have passed the proposition pursuant to section 3 of this act, the prosecuting attorney shall devote full time to the prosecuting attorney's office, and, except for the performance of official duties, shall not engage in the practice of law.".

HOUSE AMENDMENT NO. 2

     Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 89, Page 1, In the Title, Line 3, by deleting the following on said line "and 221.410" and inserting in lieu thereof the following "221.410, 562.021 and 562.026"; and

     Further amend said title, line 5, by deleting the word "twelve" and inserting in lieu thereof the word "fourteen"; and

     Further amend page 1, section A, line 2, by deleting the following "and 221.410" and inserting in lieu thereof the following "221.410, 562.021 and 562.026"; and

     Further amend said line by deleting the word "twelve" and inserting in lieu thereof the word "fourteen"; and

     Further amend said section, line 13, by inserting immediately after "221.430," the following "562.021 and 562.026,"; and

     Further amend said substitute, page 17, section 221.430, line 6, by inserting immediately after said line the following:

     "1. If the definition of any offense prescribes a culpable mental state but does not specify the conduct, attendant circumstances or result to which it applies, the prescribed culpable mental state applies to each such material element.

     2. If the definition of an offense prescribes a culpable mental state with regard to a particular element or elements of that offense, the prescribed culpable mental state shall be required only as to specified element or elements, and a culpable mental state shall not be required as to any other element of the offense.

     3. Except as provided in subsection 2, of this section and section 562.026, if the definition of any offense does not expressly prescribe a culpable mental state for any elements of the offense, a culpable mental state is nonetheless required and is established if a person acts purposely or knowingly but recklessly, or criminal negligence is not sufficient.

     [2]4. If the definition of an offense prescribes criminal negligence as the culpable mental state, it is also established if a person acts purposely or knowingly or recklessly. When recklessness suffices to establish a culpable mental state, it is also established if a person acts purposely or knowingly. When acting knowingly suffices to establish a culpable mental state, it is also established if a person acts purposely.

     [3]5. Knowledge that conduct constitutes an offense, or knowledge of the existence, meaning or application of the statute defining an offense is not an element of an offense unless the statute clearly so provides.

     562.026. A culpable mental state is not required:

     (1) If the offense is an infraction and no culpable mental state is prescribed by the statute defining the offense; or

     (2) If the offense is a felony or misdemeanor and no culpable mental state is prescribed by the statute defining the offense, and imputation of a culpable mental state to the offense is inconsistent with the purpose of the statute defining the offense or may lead to clearly absurd or unjust results. [statute defining the offense clearly indicates a purpose to dispense with the requirement of any culpable mental state as to a specific element of the offense.]".

HOUSE AMENDMENT NO. 3

     Amend House Committee Substitute for Senate Committee Substitute for Senate Bill No. 89, Page 1, In the Title, Line 3, by deleting the word "thirteen" and inserting in lieu thereof the word "fourteen"; and

     Further amend said bill, Page 1, Section A, Line 2, by deleting the word "thirteen" and inserting in lieu thereof the word "fourteen"; and

     Further amend said bill, Page 1, Section A, Line 4, by deleting the word and number "and 3" and inserting in lieu thereof the following: "3 and 4"; and

     Further amend said bill, Page 9, Section 3, Line 19, by inserting after all of said line the following:

     "Section 4. 1. On a first offense, any sexual offender or any predatory sexual offender as defined in section 558.018, RSMo, found guilty of a sexual offense defined in chapter 566, RSMo, may be required as a condition of parole, to undergo medroxyprogesterone acetate treatment or its chemical equivalent and counseling, at the discretion of the board of probation and parole.

     2. On a second offense, any sexual offender or any predatory sexual offender as defined in section 558.018, RSMo, found guilty of a sexual offense defined in chapter 566, RSMo, when the victim of the second offense was thirteen years of age or less, shall be required as a condition of parole, to undergo medroxyprogesterone acetate treatment or its chemical equivalent and counseling.

     3. On a third offense, any sexual offender or any predatory sexual offender as defined in section 558.018, RSMo, found guilty of a sexual offense defined in chapter 566, RSMo, shall be required as a condition of parole, to undergo medroxyprogesterone acetate treatment or its chemical equivalent and counseling.

     4. Pursuant to this section, the offender shall begin medroxyprogesterone acetate treatment one week prior to release from confinement and shall continue treatments and counseling until the board of probation and parole determines that the treatment is no longer necessary or until the offender reaches the end of the offender's sentence.

     5. No offender shall be granted early parole due to an agreement to undergo such treatment.

     6. The board of probation and parole may decline to apply the provisions of this section to any offender who, on the date of the offense, was less than eighteen years of age, if the victim consented to the act.

     7. The department of corrections shall promulgate such rules as are necessary to implement the provisions of this section.

     8. 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.".

HOUSE AMENDMENT NO. 4

     Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 89, at the end of said bill, by adding the following:

     "569.170. 1. A person commits the crime of burglary in the second degree when he knowingly enters unlawfully or knowingly remains unlawfully in a building, [or] inhabitable structure, railroad car, trailer or container on a railroad car, for the purpose of committing a crime therein.

     2. Burglary in the second degree is a class C felony."; and

     Amend the title and enacting clause accordingly.

     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 SB 449, entitled:

     An Act to repeal sections 30.260, 30.300 and 30.350, RSMo 1994, relating to the state treasurer, and to enact in lieu thereof eleven new sections relating to the same subject.

     With House Committee Amendment No. 1.

HOUSE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 449, Page 6, Subsection 4, Line 46, by deleting the following:

     "the lesser of either those investments authorized by section 15, article IV of the Constitution of Missouri, as in effect on January 1, 1997, or those investments expressly authorized by statute for the political subdivision."; and inserting the following:

     "those investments authorized by law as of January 1, 1997."; and

     Amend page 8, section 30.953, subsection 4, line 57, beginning after the words "by the governor," by deleting the following:

     "at least one of whom is a representative of the community foundations of Missouri,".

     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 HCS for SS for SB 11, entitled:

     An Act to repeal sections 49.082, 50.334, 51.281, 52.269, 53.082, 53.270, 54.261, 54.320, 55.091, 56.600, 57.317 and 57.550, RSMo 1994, and sections 50.333, 50.343, 56.265, 58.095 and 58.700, RSMo Supp. 1996, relating to certain county officers, and to enact in lieu thereof twenty-one new sections relating to the same subject.

     With House Amendments Nos. 1, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13 and 14, and House Substitute Amendment No. 1 for House Amendment No. 15.

HOUSE AMENDMENT NO. 1

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 11, Page 33, Section 58.700, Line 25, by inserting after all of said line the following:

     "64.170. For the purpose of promoting the public safety, health and general welfare, to protect life and property and to prevent the construction of fire hazardous buildings, the county commission in all counties of the first [and second class], second or third classification, as provided by law, is for this purpose empowered to adopt by order or ordinance regulations to control the construction, reconstruction, alteration or repair of any building or structure and any electrical wiring or electrical installation therein, and provide for the issuance of building permits and adopt regulations licensing persons, firms or corporations other than federal, state or local governments, public utilities and their contractors engaged in the business of electrical wiring or installations and provide for the inspection thereof and establish a schedule of permit, license and inspection fees and appoint a building commission to prepare the regulations, as herein provided.

     64.175. 1. The governing body of each county of the third classification may vote, after public hearing, to adopt and enforce a building and electrical code of regulations created pursuant to subsection 2 of this section. Upon a majority vote of the governing body of a county of the third classification to adopt and enforce a building and electrical code of regulations created pursuant to subsection 2 of section 64.180, the governing body shall, after publication in a newspaper of general circulation in the county of a summary of the proposed building and electrical code or of a location where such code can be read by the public at least thirty days before such primary or general election, submit the question to the voters of the county at the next countywide primary or general election.

     2. The voters of any county may, at any time upon their own initiative, present an initiative petition containing a minimum of ten percent of the registered voters' signatures that voted in the last gubernatorial election to the governing body of the county to place the issue of the adoption of a building and electrical code on the ballot at the next general election. Upon verification of the signatures on such petition by the county election authority, the initiative petition shall be deemed "qualifying" for purposes of this section.

     3. After a majority vote of the governing body of the county of the third classification or the submission of a qualifying initiative petition by the voters of the county, the governing body of the county shall place on the ballot at the next general election the question in substantially the following form:

     "Shall the county of . . . . . . . . . . . (insert county name) adopt and enforce the building and electrical code proposed by the . . . . . . . . . . . (insert county name) building commission?"

     [ ] Yes           [ ] No

     4. Upon certification by the proper election authority of a majority vote in favor of the question, the county shall adopt and enforce the building and electrical code adopted by the voters.

     64.205. Except as provided in section 64.175, sections 64.170 to 64.200 shall apply to all counties of the first [and second class], second and third classifications."; and

     Further amend said bill, by amending the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 3

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 11, Page 1, In the Title, Line 3, by deleting the word and number "and 57.550" and inserting in lieu thereof the following: ", 57.550, 59.220, 82.380, 82.520 and 82.599"; and

     Further amend said bill, Page 1, In the Title, Line 5, by deleting the word "twenty-one" and inserting in lieu thereof the word "twenty-five"; and

     Further amend said bill, Page 1, Section A, Line 2, by deleting the word and number "and 57.550" and inserting in lieu thereof the following: ", 57.550, 59.220, 82.380, 82.520 and 82.599"; and

     Further amend said bill, Page 1, Section A, Line 3, by deleting the word "twenty-one" and inserting in lieu thereof the word "twenty-five"; and

     Further amend said bill, Page 1, Section A, Line 5, by inserting after the number "58.700," the following: "59.220, 82.380, 82.520, 82.599,"; and

     Further amend said bill, Page 31, Section 57.550, Line 1, by deleting the word "The" and inserting in lieu thereof the following: "Beginning January 1, 1998, the"; and

     Further amend said bill, Page 31, Section 57.550, Line 2, by deleting the words "sixty-five thousand dollars per annum" and inserting in lieu thereof the following: "sixty-six thousand dollars per annum, and beginning January 1, 1999, the sheriff of the city of St. Louis shall receive for the sheriff's services the sum of seventy-two thousand six hundred dollars per annum"; and

     Further amend said bill, Page 33, Section 58.700, Line 25, by inserting after all of said line the following:

     "59.220. Beginning January 1, 1998, in [all cities having more than seven hundred thousand inhabitants] the city of St. Louis, the recorder of deeds shall receive as total compensation an annual salary of [fifty-two] fifty-eight thousand three hundred dollars and beginning January 1, 1999, in the city of St. Louis, the recorder of deeds shall receive as total compensation an annual salary of sixty-four thousand one hundred thirty dollars.

     82.390. 1. Beginning January 1, 1998, the license collector of the city of St. Louis shall receive a salary of [fifty-three] fifty-eight thousand three hundred dollars per year and beginning January 1, 1999, the license collector of the city of St. Louis shall receive a salary of sixty-four thousand one hundred thirty dollars, payable as provided in section 82.395.

     2. The license collector may appoint one chief deputy, and one assistant deputy license collector, either of whom, in the absence for any cause of the license collector, may perform all the duties of the license collector. The license collector may appoint a cashier, an assistant cashier, a secretary and such other clerks, account clerks and inspectors as are required by the license collector to properly and efficiently perform the duties of [his] the license collector's office when such positions are approved by the board of aldermen of such city.

     3. The salaries and compensation of the employees enumerated in subsection 2 of this section shall be payable as provided in section 82.395.

     4. The license collector, deputy license collector and clerks may administer oaths in the transaction of the business of the office. The license collector and [his] the license collector's sureties are responsible for the official acts of all employees appointed by [him] the license collector.

     82.520. Beginning January 1, 1998, the salary of the city treasurer shall be, in addition to the amount provided by section 82.516, [forty-nine] fifty-three thousand nine hundred dollars per annum and beginning January 1, 1999, the salary of the city treasurer shall be, in addition to the amount provided by section 82.516, fifty-nine thousand two hundred ninety dollars per annum. The salary of the city treasurer, and the salaries of his deputies, clerks, and assistants, shall be paid out of the city treasury, in equal semimonthly installments.

     82.599. Other provisions of law to the contrary notwithstanding, beginning January 1, 1998, the collector of revenue in a city not within a county shall receive an annual salary of [sixty-four] seventy thousand four hundred dollars and beginning January 1, 1999, the collector of revenue in a city not within a county shall receive an annual salary of seventy-seven thousand four hundred forty dollars. Such salary shall be paid out of the city treasury, in equal semimonthly installments, and shall be in lieu of all other amounts otherwise provided by law.".

HOUSE AMENDMENT NO. 4

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 11, Page 1, In the Title, Line 2, by inserting after the number "56.600," the number "56.830,"; and

     Further amend said bill, Page 1, In the Title, Line 5, by deleting the word "twenty-one" and inserting in lieu thereof the word "twenty-two"; and

     Further amend said bill, Page 1, Section A, Line 2, by inserting after the number "56.600," the number "56.830,"; and

     Further amend said bill, Page 1, Section A, Line 3, by deleting the word "twenty-one" and inserting in lieu thereof the word "twenty-two"; and

     Further amend said bill, Page 1, Section A, Line 5, by inserting after the number "56.600," the number "56.830,"; and

     Further amend said bill, Page 29, Section 56.600, Line 10, by inserting after all of said line the following:

     "56.830. 1. A death benefit of ten thousand dollars shall be paid to the designated beneficiary of every active member upon [his] the member's death or to [his] the member's estate if there is no designated beneficiary.

     2. If a member dies before retirement, after becoming eligible for retirement, [his] the member's surviving spouse, if [she] such surviving spouse has been married to the member for at least two years prior to [his] the member's death, shall be entitled to survivorship benefits [under] pursuant to option 1 as set forth in section 56.827 as if the member had retired on the date of [his] the member's death.

     3. If a member with twelve or more years of service dies before becoming eligible for retirement, the member's surviving spouse, if such surviving spouse has been married to the member for at least two years prior to the member's death, shall be entitled to survivor benefits pursuant to option 1 as set forth in section 56.827 as if the member retired on the date of the member's death.".

HOUSE AMENDMENT NO. 5

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 11, Page 2, Section 49.082, Lines 42-43, by inserting an opening bracket "[" after the word "government" on line 42 and by inserting a closing bracket "]" after the word "more" on line 43.

HOUSE AMENDMENT NO. 7

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 11, Page 1, In the Title, Line 3, by inserting immediately after the figure "50.343," the figure "52.230,"; and

     Further amend said bill, Page 1, In the Title, Line 5, by deleting the words "twenty-one" and inserting in lieu thereof the words "twenty-two"; and

     Further amend said bill, Page 1, Section A, Line 2, by inserting immediately after the figure "50.343," the figure "52.230,"; and

     Further amend said bill, Page 2, Section A, Line 3, by deleting the words "twenty-one" and inserting in lieu thereof the words "twenty-two"; and

     Further amend said bill, Page 1, Section A, Line 4, by inserting immediately after the figure "51.281," the figure "52.230,"; and

     Further amend said bill, Page 13, Section 51.281, Line 50, by inserting immediately after said line the following:

     "52.230. Each year the collectors of revenue in all counties of the first class not having a charter form of government, and in all second, third and fourth class counties of the state, not under township organization, shall mail to all resident taxpayers, at least fifteen days prior to delinquent date, a statement of all real and tangible personal property taxes due and assessed on the current tax books in the name of the taxpayers. Such statement shall also include the amount of real and tangible personal property taxes delinquent at the time of the mailing of the statement, including any interest and penalties associated with the delinquent taxes. Such statement shall declare upon its face, or by an attachment thereto, that they are delinquent at the time such statement is mailed for an amount of real or tangible personal property taxes, or both. Collectors shall also mail tax receipts for all the taxes received by mail.".

HOUSE AMENDMENT NO. 8

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 11, Page 34, Section 1, Line 7, by adding immediately after all of said line the following:

     "Section 2. In any county through which a federal interstate highway passes, or in any county which has an official weigh station, the county may receive an additional two thousand five hundred dollars for duties associated with offenses originating on the federal interstate highway or at a weigh station. The county shall allocate these moneys for the compensation of the sheriff and prosecuting or circuit attorney in the proportion sixty percent to the prosecuting or circuit attorney and forty percent to the sheriff."; and

     Further amend the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 9

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 11, Page 1, In the Title, Line 4, by deleting the word and figure "and 58.700" and inserting in lieu thereof the following: ", 58.700 and 473.739"; and

     Further amend said bill, Page 1, In the Title, Line 5, by deleting the word "twenty-one" and inserting in lieu thereof the word "twenty-two"; and

     Further amend said bill, Page 1, Section A, Line 3, by deleting the word and figure "and 58.700" and inserting in lieu thereof the following: ", 58.700 and 473.739"; and

     Further amend said bill, Page 1, Section A, Line 3, by deleting the word "twenty-one" and inserting in lieu thereof the following: "twenty-two"; and

     Further amend said bill, Page 1, Section A, Line 5, by inserting after the figure "58.700," the following: "473.739"; and

     Further amend said bill, Page 33, Section 58.700, Line 25, by inserting after all of said line the following:

     "473.739. 1. Each public administrator, except in counties of the first class with a charter form of government, who does not receive at least twenty-five thousand dollars in fees as otherwise allowed by law shall receive annual compensation of four thousand dollars and each such public administrator who does not receive at least forty-five thousand dollars in fees may request the county salary commission for an increase in annual compensation and the county salary commission may authorize an additional increase in annual compensation not to exceed ten thousand dollars.

     2. Two thousand dollars of the compensation authorized in this section shall be payable to the public administrator only if he has completed at least twenty hours of classroom instruction each calendar year relating to the operations of the public administrator's office when approved by a professional association of the county public administrators of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each public administrator who completes the training program and shall send a list of certified public administrators to the treasurer of each county. Expenses incurred for attending the training session [may] shall be reimbursed to the county public administrator in the same manner as other expenses as may be appropriated for that purpose.".

HOUSE AMENDMENT NO. 10

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 11, Page 29, Section 56.600, Line 10, by inserting after all of said line the following:

     "57.295. In each county of this state the sheriff and each full-time deputy sheriff shall receive, at the discretion of the county commission, twenty-five dollars per month, as a uniform allowance, and may receive, at the discretion of the county commission, not in excess of a total of [sixty-five] one hundred dollars per month, as a uniform allowance, to be paid to him or her monthly out of the county treasury. This allowance shall apply only to sheriffs and deputy sheriffs who wear an official uniform in performance of their duty."; and

     Further amend title and enacting clause accordingly.

HOUSE AMENDMENT NO. 11

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 11, Page 17, Section 53.270, Line 1, by placing an opening bracket "[" immediately after the word "more"; and

     Further amend said line by placing a closing bracket "]" immediately after the word "consecutive".

HOUSE AMENDMENT NO. 12

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 11, Page 25, Section 56.265, Lines 1 to 35, by deleting all of said lines and inserting in lieu thereof the following:

     "56.265. 1. The county prosecuting attorney in any county, other than in a [first class] chartered county of the first classification, shall receive an annual salary computed as set forth in the following schedule, when applicable. The population factor shall be as disclosed in the last preceding federal decennial census and the assessed valuation factor shall be the amount thereof as shown for the year next preceding the computation. The provisions of this section shall not permit or require a reduction in the amount of compensation received by any person holding the office of prosecuting attorney on January 1, 1988.

     (1) For a full-time prosecutor [in a county of the first or second class:

     Assessed Valuation Amount

$100,000,000 to 200,000,000 $36,000

200,000,001 to 300,000,000 38,000

300,000,001 to 400,000,000 41,000

400,000,001 to 500,000,000 44,000

500,000,001 to 750,000,000 46,000

750,000,001 to 1,000,000,000 48,000

1,000,000,001 or more 50,000

     Population Amount

Less than 50,000 $ 9,000

50,001 to 75,000 11,000

75,001 to 100,000 12,000

100,001 or more 13,000], the

prosecutor shall receive compensation equal to the compensation of an associate circuit judge;"; and

     Further amend said bill, Page 26, Section 56.265, Line 36, by deleting the numbers "[(2)] (3)" and inserting in lieu thereof the number "(2)"; and

     Further amend said bill, Page 27, Section 56.265, Lines 60 through 67, by deleting all of said lines and inserting in lieu thereof the following:

     "(3) In [second class] counties of the second classification which contain facilities which are operated by the department of corrections with a total average yearly inmate population in excess of two thousand persons, the prosecuting attorney shall receive thirteen thousand dollars per annum in addition to all other compensation provided by law; however, the total annual compensation of such prosecuting attorney holding office on January 1, 1988, shall not be increased by more than nine thousand dollars above the compensation which [he] the prosecuting attorney is receiving on January 1, 1988, during the term of office [he] the prosecuting attorney is serving at that time. The provisions of this subdivision shall expire on December 31, 1998."; and

     Further amend said bill, Page 27, Section 56.265, Line 68, by deleting the numbers "[(4)] (5)" and inserting in lieu thereof the number "(4)"; and

     Further amend said bill, Page 29, Section 56.265, Line 127, by inserting after all of said line the following:

     "6. The provisions of subdivision (3) of subsection 1 of this section and the provisions of subsections 2 and 3 of section 56.066 shall not apply to full-time prosecutors who are compensated pursuant to subdivision (1) of subsection 1 of this section."; and

     Further amend said bill, Page 29, Sections 56.363 and 56.365, by deleting all of said sections and inserting in lieu thereof the following:

     "56.363. The county commission of any county may on its own motion and shall upon the petition of ten percent of the total number of people who voted in the previous general election in the county submit to the voters at a general or special election the proposition of making the county prosecutor a full-time position. The commission shall cause notice of the election to be published in a newspaper published within the county, or if no newspaper is published within the county, in a newspaper published in an adjoining county, for three weeks consecutively, the last insertion of which shall be at least ten days and not more than thirty days before the day of the election, and by posting printed notices thereof at three of the most public places in each township in the county. The proposition shall be put before the voters substantially in the following form:

     Shall the office of prosecuting attorney be made a full-time position in

County?

     [ ] Yes           [ ] No

If a majority of the voters voting on the proposition vote in favor of making the county prosecutor a full-time position, it shall become effective upon the date that the prosecutor who is elected at the next election subsequent to the passage of such proposal is sworn into office.

     56.365. In any county in which the voters have passed the proposition pursuant to section 56.363, the prosecuting attorney shall devote full time to the prosecuting attorney's office, and, except for the performance of official duties, shall not engage in the practice of law.".

HOUSE AMENDMENT NO. 13

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 11, Page 34, Section 1, Line 7, by inserting immediately after said line the following:

     "Section 2. The base salary for all court clerks II and III who work directly for a circuit or an associate circuit judge is increased two thousand dollars."; and

     Further amend said bill, by amending the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 14

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 11, Page 10, Section 50.343, Line 53, by inserting after the "payable" the bracket "["; and

     Further amend said bill, Page 11, Section 50.343, Line 54, by inserting after the word "officers" the following: "] immediately".

HOUSE SUBSTITUTE AMENDMENT NO. 1 FOR HOUSE AMENDMENT NO. 15

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 11, Page 7, Section 50.333, Line 160, by inserting immediately after the word "employees" on said line the following:

     "The rate of compensation for all county officers may be set as a group, although the change in compensation will not become effective until the next term of office for each officer.".

     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 adopted SCS for HCS for HB 331, as amended, and has again taken up and passed SCS for HCS for HB 331, as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 67, entitled:

     An Act to repeal sections 238.300, 238.302 and 238.325, RSMo 1994, relating to transportation corporations, and to enact in lieu thereof six new sections relating to the same subject.

     With House Committee Amendment No. 1, House Amendment No. 1 to House Amendment No. 1, and House Amendment No. 1 as amended.

HOUSE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 67, Page 3, Section 238.362, Line 9, by inserting immediately after the word "but" the following: "not".

HOUSE AMENDMENT NO. 1 TO

HOUSE AMENDMENT NO. 1

     Amend Senate Bill No. 67, Page 2, Section 238.367, Line 10, by deleting on said line "1997" and inserting in lieu thereof "1998".

HOUSE AMENDMENT NO. 1

     Amend Senate Bill 67, Page 1, In the Title, Line 3, by deleting the word "six" and inserting in lieu thereof the word "seven"; and

     Further amend said bill, Page 1, Section A, Line 2, by deleting the word "six" and inserting in lieu thereof the word "seven"; and

     Further amend said bill, Page 1, Section A, Line 3, by deleting the word and number "and 238.367" and inserting in lieu thereof the following: ", 238.367 and 1"; and

     Further amend said bill, Page 5, Section 238.367, Line 37, by inserting after all of said line the following:

     "Section 1. 1. The department of transportation shall whenever contracting for pavement markings upon Missouri highways require that the pavement marking material used for such new or replacement markings meet the following minimum standards:

     (1) A state service life of no less than twelve months; and

     (2) A minimum reflectivity of one hundred fifty millicandelas per lux per square meter at all times during the twelve-month service life.

     2. If the pavement markings used upon the highways of this state after August 28, 1997, fails to meet the minimum reflectivity requirements of subsection 1 of this section at all times during the twelve-month service life, the manufacturer shall pay all costs for material and labor for the removal and replacement of such deficient areas of such highway pavement markings.".

     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 concurred in SSA 1 for SCA 1 to HB 15 and has again taken up and passed HB 15, as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 13, as amended, and has again taken up and passed SCS for HB 13, as amended.

     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 SS for SB 248, entitled:

     An Act to repeal sections 217.730, 302.225, 374.715, 429.470, 429.490, 476.010, 476.050, 476.055, 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, 476.083, 476.385, 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 no. 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.

     With House Amendments Nos. 1, 2, 3, 4, 5 and 6; House Amendment No. 1 to House Amendment No. 7; House Amendment No. 7, as amended; House Substitute Amendment No. 1 for House Amendment No. 8; and House Amendments Nos. 9, 10 and 11.

HOUSE AMENDMENT NO. 1

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 248, Page 13, Section 476.010, Lines 1-2, by striking said line and inserting in lieu thereof the following: "476.010. The supreme court of the state of Missouri, the court of appeals [and], the circuit divisions of the circuit courts [in this state], and any other division of the circuit courts keeping a record of the proceedings before the court, shall be courts of record, and shall keep just and faithful records of their".

HOUSE AMENDMENT NO. 2

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 248, Page 14, Section 476.055, Line 11, by deleting the brackets around the word "2004" and further amend said bill, page 14, by deleting the word "2007.".

HOUSE AMENDMENT NO. 3

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 248, Page 32, Section 577.051, Line 39, by inserting immediately after said line the following:

     "[590.140 1. A fee of up to two dollars may be assessed as costs in each court proceeding filed in any court in the state for violations of the general criminal laws of the state, including infractions, or violations of county or municipal ordinances, provided that no such fee shall be collected for nonmoving traffic violations, and no such fee shall be collected for violations of fish and game regulations, and no such fee shall be collected in any proceeding in any court when the proceeding or defendant has been dismissed by the court. For violations of the general criminal laws of the state or county ordinances, no such fee shall be collected unless it is authorized by the county government where the violation occurred. For violations of municipal ordinances, no such fee shall be collected unless it is authorized by the municipal government where the violation occurred. Such fees shall be collected by the official of each respective court responsible for collecting court costs and fines and shall be transmitted monthly to the treasurer of the county where the violation occurred in the case of violations of the general criminal laws of the state or county ordinances and to the treasurer of the municipality where the violation occurred in the case of violations of municipal ordinances. An additional dollar may be assessed as costs as provided in this section, and sent to the state treasury to the credit of the peace officer standards and training commission fund created in section 590.178. Any county or municipality not contributing to the peace officer standards and training commission fund shall not be entitled to any reimbursement from the fund. Such fees shall be in addition to the court costs and fees and limits on such court costs and fees established by section 66.110, RSMo, and section 479.260, RSMo.

     2. Each county and municipality shall use all funds received under this section only to pay for the training required as provided in sections 590.100 to 590.180 or for the training of county coroners and their deputies. No county or municipality shall retain more than one thousand five hundred dollars of such funds for each certified law enforcement officer, candidate for certification employed by that agency or a coroner and the coroner's deputies. Any excess funds shall be transmitted quarterly to the general revenue fund of the county or municipality treasury which assessed the costs.]

     590.140. 1. A surcharge of up to two dollars may be assessed as costs in each criminal case involving violations of any county ordinance or a violation of any criminal or traffic laws of the state, including infractions, or violations of municipal ordinances, provided that no such fee shall be collected in any proceeding in any court when the proceeding or defendant has been dismissed by the court or when costs are to be paid by the state, county or municipality. For violations of the general criminal laws of the state or county ordinances, no such surcharge shall be collected unless it is authorized by the county government where the violation occurred. For violations of municipal ordinances, no such surcharge shall be collected unless it is authorized by the municipal government where the violation occurred. Any such surcharge shall be authorized by the county or municipality and written notice given to the supreme court of such authorization prior to December first of the year preceding the state fiscal year during which such surcharge is to be collected and disbursed in the manner provided by sections 488.010 to 488.020, RSMo. If imposed by a municipality, such surcharges shall be collected by the clerk of the municipal court responsible for collecting court costs and fines and shall be transmitted monthly to the treasurer of the municipality where the violation occurred in cases of violations of municipal ordinances. If imposed by a county, such surcharges shall be collected and disbursed as provided in sections 488.010 to 488.020, RSMo. Such surcharges shall be payable to the treasurer of the county where the violation occurred in the case of violations of the general criminal laws of the state or county ordinances. An additional surcharge in the amount of one dollar shall be assessed as provided in this section, and shall be collected and disbursed as provided in sections 488.010 to 488.020, RSMo, and payable to the state treasury to the credit of the peace officer standards and training commission fund created in section 590.178. [Any county or municipality not enacting an order or ordinance effective prior to January 1, 1997, providing surcharges to the peace officer standards and training commission fund shall not be entitled to any reimbursement from the fund.] Such surcharges shall be in addition to the court costs and fees and limits on such court costs and fees established by section 66.110, RSMo, and section 479.260, RSMo.

     2. Each county and municipality shall use all funds received under this section only to pay for the training required as provided in sections 590.100 to 590.180 or for the training of county coroners and their deputies. No county or municipality shall retain more than one thousand five hundred dollars of such funds for each certified law enforcement officer, candidate for certification employed by that agency or a coroner and the coroner's deputies. Any excess funds shall be transmitted quarterly to the general revenue fund of the county or municipality treasury which assessed the costs."; and

     Further amend said bill, by amending the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 4

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 248, Page 25, Section 488.015, Lines 27 and 30, by deleting the brackets on said lines and on line 30 by inserting the following between the words "rules" and "presented":

     "and any proposed change shall be".

HOUSE AMENDMENT NO. 5

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 248, Page 14, Section 476.055, Line 15, by adding after the word administration the following: "two members of the House of Representatives appointed by the Speaker of the House, two members of the Senate appointed by the President Pro Tem of the Senate.".

HOUSE AMENDMENT NO. 6

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 248, Page 24, Section 479.260, Line 12, by deleting the period "." at the end of said line and inserting in lieu thereof the following: "[.]; provided that, each municipal court may establish a judicial education fund in an account under the control of the municipal court to retain one dollar of the fees collected on each case and to use the fund only to pay for:

     (1) The continuing education and certification required of the municipal judges by law or supreme court rule; and

     (2) Judicial education and training for the court administrator and clerks of the municipal court.

Provided further, that no municipal court shall retain more than one thousand five hundred dollars in the fund for each judge, administrator or clerk of the municipal court. Any excess funds shall be transmitted quarterly to the general revenue fund of the county or municipal treasury.".

HOUSE AMENDMENT NO. 1 TO

HOUSE AMENDMENT NO. 7

     Amend House Amendment No. 1 to House Committee Substitute for Senate Substitute for Senate Bill No. 248, Page 2, Section C, Line 3 of said section, by deleting the words "section 536.028" and replacing with "sections 376.1399 and 536.028", and

     Further amend said amendment, page 2, Section C, line 7 of said section, by inserting after the word "No. 335" and "and Section 14 from Senate Amendment No. 26 to Senate Substitute for Senate Committee Substitute for House Substitute for House committee Substitute for House Bill No. 335".

HOUSE AMENDMENT NO. 7

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 248, Page 1, In the Title, Line 2, by inserting immediately after the word "sections" the number "3.040,"; and

     Further amend said bill, Page 1, In the Title, Line 3, by inserting immediately after the number "513.045," the numbers "536.021, 536.022, 536.023, 536.031,"; and

     Further amend said bill, Page 1, In the Title, Line 5, by inserting immediately after the number "512.050," the numbers "536.024, 536.025, 536.050,"; and

     Further amend said bill, Page 1, In the Title, Line 9, by inserting immediately after the word "assembly," the following: "and sections 376.1399 and 536.028 as truly agreed to and finally passed by the first regular session of the 89th general assembly in Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, and section 14 from Senate Amendment No. 26 to Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335 as truly agreed to and finally passed by the first regular session of the 89th general assembly,"; and

     Further amend said bill, Page 1, In the Title, Line 10, by deleting the word "forty-four" and inserting in lieu thereof the word "fifty-six"; and

     Further amend said bill, Page 1, In the Title, Line 11, by inserting immediately after the word "with" the following: "a conditional effective date for certain sections,"; and

     Further amend said bill, Page 37, Section B, Line 12, by inserting after all of said line the following:

     "Section C. Sections 3.040, 536.021, 536.022, 536.023 and 536.031, RSMo 1994, and sections 536.024, 536.025 and 536.050, RSMo Supp. 1996, and section 536.028 as truly agreed to and finally passed by the first regular session of the 89th general assembly in Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 335, are repealed and twelve new sections enacted in lieu thereof, to be known as sections 3.040, 21.800, 536.019, 536.020, 536.021, 536.022, 536.023, 536.024, 536.025, 536.031, 536.046 and 536.050, to read as follows:

     3.040. No law relating to the bonded indebtedness of the state, no law of incorporation, no law for the appropriation of money, no memorial or joint resolution, no law or part of law of a private, local or temporary nature and no law enacted pursuant to section 21.800, RSMo, shall be published in the revised statutes or supplements or pocket parts thereto, but all such laws and provisions not expressly repealed shall continue in force or expire, according to their respective provisions or limitations.

     21.800. 1. Each regular legislative session, the house of representatives and senate shall propose a bill titled, "an act relating to the implementation of law existing prior to the effective date of this legislation".

     2. Such bill shall contain subject matter to implement the provisions of existing law. An agency may make recommendations to the general assembly to implement the provisions of law.

     3. Such legislation if it becomes actual law shall be printed pursuant to the provisions of section 3.040, RSMo, and section 536.031, RSMo.

     4. This section shall become effective only upon the expiration of twenty calendar days following the rescission of the governor's executive order number 97-97.

     [376.1399. 1. The director may, after notice and hearing, promulgated reasonable rules to carry out the provisions of sections 376.1350 to 376.1390. The director shall have the authority to promulgate rules to accomplish the following purposes:

     (1) To regulate the internal affairs of the department of insurance;

     (2) To prescribe forms and procedures to be followed in proceedings before the department of insurance; and

     (3) To effectuate or aid in the interpretation of any law of this state pertaining to the subject matters of sections 376.1350 to 376.1390.

     2. Any rule that has the effect of creating or substantially modifying a legal right, liability, obligation or sanction shall be considered substantive. The director may only promulgate substantive rules on subject matters specifically authorized pursuant to sections 376.1350 to 376.1390 and any substantive rule or portion of a rule shall become effective only as provided pursuant to chapter 536, RSMo, including, but not limited to, section 536.028, after the effective date of this act. All such substantive rules and all substantive rulemaking authority granted pursuant to sections 376.1350 to 376.1390 shall expire on August 31, 1998. Any act by the general assembly that serves to extend or postpone the expiration of any rule or rulemaking authority shall not constitute legislative approval of the rule or authority nor be admissible in any court as evidence of legislative intent. The provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date or to disapprove and annul a rule, or portion of a rule, are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void.]

     536.019. 1. Notwithstanding any provision of law to the contrary, including any law passed during the 1997 legislative session, except as provided by subsection 2 of this section, all rulemaking authority to state agencies is hereby rescinded.

     2. Any agency may promulgate procedural or emergency rules if such agency files such rules with the joint committee on administrative rules pursuant to the provisions of section 536.024 or 536.025 and complies with the provisions of this chapter.

     3. In a contested case involving procedural rules, the court shall award reasonable fees and expenses to any person who prevails against the state. The burden of proof in any court proceeding shall be on the agency to prove that such rules are procedural and not substantive.

     4. A rule promulgated as a procedural rule is void if a court determines that the rule is, in fact, substantive.

     5. The provisions of this section shall not be construed to rescind rules which have been promulgated before August 28, 1997.

     6. For the purposes of this section, the following terms mean:

     (1) "Prevails", obtains a favorable order, decision, judgment or dismissal in a civil action or agency proceeding;

     (2) "Procedural rule", rules which prescribe the manner in which substantive rights and responsibilities may be exercised and enforced;

     (3) "Reasonable fees and expenses" includes the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engineering report, test or project which is found by the court or agency to be necessary for the preparation of the party's case, and reasonable attorney or agent fees.

     7. This section shall become effective only upon the expiration of twenty calendar days following the rescission of the governor's executive order number 97-97.

     536.020. 1. In addition to seeking information by other methods, an agency may solicit comments from the public on the subject matter of a rule that the agency is considering proposing. The agency may file a notice of the rule under consideration as a proposed rulemaking with the secretary of state for publication in the Missouri Register as soon as practicable after the filing thereof in the secretary's office. The notice may contain the number and the subject matter of the rule as well as a statement indicating where, when, and how persons may comment.

     2. Each agency may also appoint committees to comment on the subject matter of a rule that the agency is considering proposing. The membership of those committees must be published at least annually in the Missouri Register.

     536.021. 1. No rule shall hereafter be made, amended or rescinded by any state agency unless such agency shall first file with the secretary of state a notice of proposed rulemaking and a subsequent final order of rulemaking, both of which shall be published in the Missouri Register by the secretary of state as soon as practicable after the filing thereof in [his] that office; except that a notice of proposed rulemaking is not required for the establishment of hunting or fishing seasons and limits or for the establishment of state program plans required under federal education acts or regulations. The secretary of state shall not publish any proposed rulemaking or final order of rulemaking that has not been filed with the joint committee on administrative rules in accordance with section 536.024.

     2. A notice of proposed rulemaking shall contain:

     (1) An explanation of any new rule or any change in an existing rule, and the reasons therefor;

     (2) The legal authority pursuant to which the rule is proposed to be made;

     (3) The text of the entire rule proposed to be made or the entire text of any affected section or subsection of a rule which is proposed to be amended, with all new matter underlined or printed in boldface type and with all deleted matter placed in brackets, except that when a proposed rule consists of material so extensive that the publication thereof would be unduly cumbersome or expensive, the secretary of state need publish only a summary and description of the substance of the rule so long as a complete copy of the rule is made immediately available to any interested person upon application to the adopting state agency at a cost not to exceed the actual cost of reproduction. A proposed rule may incorporate by reference only if the material so incorporated is retained at the headquarters of the state agency and made available to any interested person at a cost not to exceed the actual cost of the reproduction of a copy. When a proposed amendment is to correct a typographical or printing error, or merely to make a technical change not affecting substantive matters, the amendment may be described in general terms without reprinting the entire rule, section or subsection;

     (4) The number and general subject matter of any rule proposed to be rescinded;

     (5) Notice that anyone may file a statement in support of or in opposition to the proposed rulemaking at a specified place and within a specified time not less than thirty days after publication of the notice of proposed rulemaking in the Missouri Register;

     (6) Notice of the time and place of a hearing on the proposed rulemaking if a hearing is ordered, which hearing shall be not less than thirty days after publication of the notice of proposed rulemaking in the Missouri Register; or a statement that no hearing has been ordered if such is the case.

     3. Any state agency issuing a notice of proposed rulemaking may order a hearing thereon, but no such hearing shall be necessary unless otherwise required by law.

     4. Any state agency which has issued in the Missouri Register a notice of proposed rulemaking to be made without a hearing, but which thereafter concludes that a hearing is desirable, shall withdraw the earlier notice and file a new notice of proposed rulemaking which fully complies with the provisions of subdivision (6) of subsection 2 of this section, and the state agency shall not schedule the hearing for a time less than thirty days following the publication of the new notice.

     5. Within ninety days after the expiration of the time for filing statements in support of or in opposition to the proposed rulemaking, or within ninety days after the hearing on such proposed rulemaking if a hearing is held thereon, the state agency proposing the rule shall file with the secretary of state [an] a final order of rulemaking either adopting the proposed rule, with or without further changes, or withdrawing the proposed rule, which order shall be published in the Missouri Register. Such ninety days shall be tolled for any rule held under abeyance pursuant to an executive order. If the agency fails to file the final order of rulemaking with the secretary of state within the time period specified within this subsection, the proposed rule shall lapse. The order of rulemaking shall contain:

     (1) Reference to the date and page or pages where the notice of proposed rulemaking was published in the Missouri Register;

     (2) An explanation of any change between the text of the rule as contained in the notice of proposed rulemaking and the text of the rule as finally adopted, together with the reason for any such change;

     (3) The full text of any section or subsection of the rule as adopted which has been changed from that contained in the notice of proposed rulemaking;

     (4) A brief summary of the general nature and extent of comments submitted in support of or in opposition to the proposed rule and a concise summary of the testimony presented at the hearing, if any, held in connection with said rulemaking, together with a concise summary of the state agency's findings with respect to the merits of any such testimony or comments which are opposed in whole or in part to the proposed rule.

     6. Except as provided [in subsection 4 of section 536.023 and] in section 536.025, any rule, or amendment or rescission thereof, made after January 1, 1976, shall be void unless made in accordance with the provisions of this section.

     7. Except as provided in subsection 1 of this section, all rules shall be published in full in the Missouri code of state regulations. No rule, except an emergency rule, may become effective prior to the thirtieth day after the date of publication of the revision to the Missouri code of state regulations. The secretary of state shall distribute revisions of the Missouri code of state regulations to all subscribers of the Missouri code of state regulations on or before the date of publication of such revision. The publication date of each rule shall be printed below the rule in the Missouri code of state regulations, provided further, that rules pertaining to changes in hunting or fishing seasons and limits that must comply with federal requirements or that are necessary because of documented changes in fish and game populations may become effective no earlier than on the tenth day after the filing of the order of rulemaking.

     8. Effective September 1, 1990, if it is found in a contested case by an administrative or judicial fact finder that a state agency's action was based upon a statement of general applicability which should have been promulgated as a rule, as required by sections 536.010 to 536.050, and that agency was put on notice of such deficiency prior to the administrative or judicial hearing on such matter, then the administrative or judicial fact finder shall award the prevailing nonstate agency party its reasonable attorney's fees incurred prior to the award, not to exceed the amount in controversy in the original action. This award shall constitute a reviewable order. If a state agency in a contested case grants the relief sought by the nonstate party prior to a finding by an administrative or judicial fact finder that the agency's action was based on a statement of general applicability which should have been promulgated as a rule, but was not, then the affected party may bring an action in the circuit court of Cole County for [his] such party's reasonable attorney's fees incurred prior to the relief being granted, not to exceed the amount in controversy in the original action.

     9. The actions authorized by subsection 8 of this section shall not apply to the department of revenue if that department implements the authorization hereby granted to the director or [his] the director's duly authorized agents to issue letter rulings which shall bind [him or his] the director or such agents and their successors for a minimum of three years, subject to the terms and conditions set forth in properly published regulations. An unfavorable letter ruling shall not bind the applicant and shall not be appealable to any forum. Subject to appropriations, letter rulings shall be published periodically with information identifying the taxpayer deleted. For the purposes of this subsection, the term "letter ruling" means a written interpretation of law by the director to a specific set of facts provided by a nonstate party.

     536.022. 1. If any rule or portion of a rule of a state agency is suspended or terminated by action of [the general assembly,] the governor, a court or other authority, the state agency shall immediately file a notice of such action with the secretary of state.

     2. The notice, in a format for publication designed by the secretary of state, shall contain the title and number of the rule; shall describe briefly the action taken with regard to the rule and the parties affected by the suspension or termination; shall state the effective date of the suspension or termination; shall state the duration of the suspension; and shall contain such other information deemed necessary by the secretary of state to provide adequate public information.

     3. If any action has the effect of changing the information in the initial notice, the state agency shall immediately file a new notice with the secretary of state in the same manner as the original notice.

     4. Notices shall be printed by the secretary of state in the Missouri Register as soon as practicable. The secretary of state shall insert in the code of state regulations material regarding the suspension or termination of rules, and [he] the secretary of state may remove rules which have terminated.

     536.023. 1. The secretary of state shall prescribe, in writing, uniform procedures for the numbering, indexing, form and publication of all rules, notices of rulemaking and orders of rulemaking. Copies of the procedures [shall be furnished by the secretary of state to each state agency on or before January 1, 1976, and copies thereof] shall be permanently maintained in the office of the secretary of state and shall be available for public inspection at all reasonable times.

     2. No rule, notice of proposed rulemaking or final order of rulemaking shall be accepted for filing with the secretary of state unless it conforms to said uniform procedures.

     3. Each state agency shall adopt as a rule a description of its organization and general courses and methods of its operation and the methods and procedures whereby the public may obtain information or make submissions or requests. Substantial changes in any matter covered by the foregoing description shall be made only in accordance with the procedures set forth in sections 536.021 or 536.025.

     [4. All rules on file with the secretary of state upon January 1, 1976, which do not conform to said uniform procedures, shall be rewritten so as to conform thereto and shall be refiled with the secretary of state not later than ninety days after January 1, 1976, and no rule shall be promulgated, amended or rescinded during said ninety-day period except pursuant to section 536.025. The original rules shall remain in effect until rewritten and refiled, and the rewritten rules shall become effective immediately upon refiling without following the provisions of section 536.021; provided, however, that any rule which is not so rewritten and refiled within ninety days after January 1, 1976, shall then lapse and be of no further force and effect unless and until it shall be promulgated in accordance with the provisions of section 536.021.]

     536.024. 1. When the general assembly authorizes any state agency to adopt administrative rules or regulations pursuant to this section, the granting of such rulemaking authority and the validity of such rules and regulations is contingent upon the agency complying with the provisions of this section in promulgating such rules after June 3, 1994.

     2. [No rule or portion of a rule promulgated under the authority of any provision of Missouri statutes shall become effective until it has been approved by the joint committee on administrative rules in accordance with the procedures provided herein, and the delegation of the legislative authority to enact law by the adoption of such rules is dependent upon the power of the joint committee on administrative rules to review and suspend rules pending ratification by the senate and the house of representatives as provided herein.

     3.] Upon filing any proposed rule with the secretary of state, the filing agency shall concurrently submit such proposed rule to the joint committee on administrative rules, which may hold hearings upon any proposed rule or portion thereof at any time.

     [4.] 3. A final order of rulemaking shall not be filed with the secretary of state until thirty days after such final order of rulemaking has been received by the committee. The committee may hold one or more hearings upon such final order of rulemaking during the thirty-day period. [If the committee does not disapprove such order of rulemaking within the thirty-day period, the filing agency may file such order of rulemaking with the secretary of state and the order of rulemaking shall be deemed approved.

     5. The committee may, by majority vote of the members, suspend the order of rulemaking or portion thereof by action taken prior to the filing of the final order of rulemaking only for one or more of the following grounds:

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

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

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

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

     (5) The proposed rule is arbitrary and capricious.

     6. If the committee disapproves any rule or portion thereof, the filing agency shall not file such disapproved portion of any rule with the secretary of state and the secretary of state shall not publish in the Missouri Register any final order of rulemaking containing the disapproved portion.

     7. If the committee disapproves any rule or portion thereof, the committee shall report its findings to the senate and the house of representatives. No rule or portion thereof disapproved by the committee shall take effect so long as the senate and the house of representatives ratify the act of the joint committee by resolution adopted in each house within thirty legislative days after such rule or portion thereof has been disapproved by the joint committee.

     8. Upon adoption of a rule as provided herein, any such rule or portion thereof may be suspended or revoked by the general assembly either by bill or, pursuant to section 8, article IV of the constitution, by concurrent resolution upon recommendation of the joint committee on administrative rules. The committee shall be authorized to hold hearings and make recommendations pursuant to the provisions of section 536.037. The secretary of state shall publish in the Missouri Register, as soon as practicable, notice of the suspension or revocation.

     9.] 4. The committee may file with the secretary of state any comments that the committee has concerning a proposed or final order of rulemaking. Such comments shall be published in the Missouri Register.

     5. The committee may refer comments concerning such rule to the appropriations and budget committee of the house of representatives and the appropriations committee of the senate for further action.

     6. The provisions of this section shall not apply to rules promulgated by the public service commission and the labor and industrial relations commission.

     536.025. 1. A rule may be made, amended or rescinded by a state agency without following the provisions of section 536.021 [and subsection 5 of section 536.027], only if the state agency:

     (1) Finds that an immediate danger to the public health, safety or welfare requires emergency action or that the rule is necessary to preserve a compelling governmental interest;

     (2) Follows procedures best calculated to assure fairness to all interested persons and parties under the circumstances;

     (3) Follows procedures which comply with the protections extended by the Missouri and United States Constitutions;

     (4) Limits the scope of such rule to the circumstances creating an emergency and requiring emergency procedure; and

     (5) At the time of or prior to the adoption of such rule files with the secretary of state and the joint committee on administrative rules the text of the rule together with the specific facts, reasons, and findings which support its conclusion that there is an immediate danger to the public health, safety or welfare or that the rule is necessary to preserve a compelling governmental interest which can be met only through the adoption of such rule and its reasons for concluding that the procedure employed is fair to all interested persons and parties under the circumstances.

     2. Material filed with the secretary of state and the joint committee on administrative rules under the provisions of subdivision (5) of subsection 1 of this section shall be published in the Missouri Register by the secretary of state as soon as practicable after the filing thereof. Any [emergency] rule promulgated pursuant to this section shall be reviewed by the secretary of state to determine compliance with the requirements for its publication and adoption established in this section, and in the event that the secretary of state determines that such proposed material does not meet those requirements, the secretary of state shall not publish the [emergency] rule. The secretary of state shall inform the agency of its determination, and offer the agency a chance to either withdraw the emergency rule or to have the emergency rule published as a proposed rule.

     3. [If the joint committee disapproves any emergency rule or portion thereof, the committee shall report its findings to the senate and the house of representatives. No emergency rule or portion thereof disapproved by the committee shall take effect unless the senate and the house of representatives fail to ratify the action of the joint committee by resolution adopted in each house within thirty legislative days after such rule or portion thereof has been disapproved by the joint committee.

     4.] Rules adopted under the provisions of this section shall be known as "emergency rules" and shall, along with the findings and conclusions of the state agency in support of its employment of emergency procedures, be judicially reviewable under section 536.050 or other appropriate form of judicial review. The secretary of state and any employee thereof, acting in the scope of employment, shall be immune from suit in actions regarding the adoption of rules pursuant to this section.

     [5.] 4. A rule adopted under the provisions of this section shall clearly state the interval during which it will be in effect [and which, in no case, may be for a period exceeding one hundred eighty days]. Emergency rules shall not be in effect for a period exceeding one hundred eighty calendar days or thirty legislative days, whichever period is longer. For the purposes of this section, a "legislative day" is each Monday, Tuesday, Wednesday and Thursday beginning the first Wednesday after the first Monday in January and ending the first Friday after the second Monday in May, regardless of whether the legislature meets.

     [6.] 5. A rule adopted under the provisions of this section shall not be renewable, although a state agency may, at any time, adopt an identical rule under normal rulemaking procedures.

     [7.] 6. A rule adopted under the provisions of this section may be effective not less than ten days after the filing thereof in the office of the secretary of state, or at such later date as may be specified in the rule, and may be terminated at any time by the state agency by filing an order with the secretary of state fixing the date of such termination, which order shall be published by the secretary of state in the Missouri Register as soon as practicable after the filing thereof.

     [8.] 7. Effective September 1, 1994, if it is found in a contested case by an administrative or judicial fact finder that a state agency's rule should not have been promulgated as an emergency rule as provided by this section, but was in fact promulgated as an emergency rule pursuant to this section, then the administrative or judicial fact finder shall award the [prevailing] party who prevails, as defined in section 536.019, its reasonable [attorney's fees incurred prior to the award, not to exceed the amount in controversy, if any, in the original action] fees and expenses, as defined in section 536.019. This award shall constitute a reviewable order. If a state agency in a contested case grants the relief sought by the party prior to a finding by an administrative or judicial fact finder that the state agency's action was based on a statement of general applicability which should not have been promulgated as an emergency rule, but was in fact promulgated as an emergency rule pursuant to this section, then the affected party may bring an action in circuit court of Cole County for his reasonable [attorney's fees incurred prior to the relief being granted, not to exceed the amount in controversy in the original action] fees and expenses, as defined in section 536.019.

     [536.028. 1. The delegation of authority to any state agency to propose to the general assembly rules as provided under this section is contingent upon the agency complying with the provisions of this section and this delegation of legislative power to the agency to propose an order of rulemaking containing a rule or portion thereof that has the effect of substantive law, other than a rule relating to the agency's organization and internal management, is contingent and dependent upon the power of the general assembly to review such proposed order of rulemaking, to delay the effective date of such proposed order of rulemaking until the expiration of at least thirty legislative days of a regular session after such order is filed with the general assembly and the secretary of state, and to disapprove and annul any rule or portion thereof contained in such order of rulemaking.

     2. No rule or portion of a rule that has the effect of substantive law shall become effective until the order of rulemaking, in which such rule or portion thereof is contained, has been reviewed by the general assembly in accordance with the procedures provided herein and the agency's authority to propose an order of rulemaking is dependent upon the power of the general assembly to disapprove and annul any such proposed rule or portion thereof as provided herein.

     3. In order for the general assembly to have an effective opportunity to be advised of rules proposed by any state agency under the authority of this section, an agency may propose a rule by complying with the procedures provided in section 536.021, except that the notice of proposed rulemaking shall first be filed with the general assembly by providing a copy thereof to the joint committee on administrative rules which may hold hearings upon any proposed rule or portion thereof at any time. The agency shall cooperate with the joint committee on administrative rules by providing any witnesses, documents or information within the control of the agency as may be requested.

     4. In order to propose an order of rulemaking to the general assembly, the agency shall comply with the provisions of section 536.021, except that the agency may file a proposed order of rulemaking with the secretary of state only by first filing such proposed order with the general assembly by providing a copy thereof to the secretary of the senate and the clerk of the house of representatives. The president pro tem of the senate shall direct that a copy of the proposed order of rulemaking be delivered to the joint committee on administrative rules which may hold hearings thereon. The agency shall cooperate with the committee by providing any witnesses, documents or information within the control of the agency as may be requested.

     5. Such proposed order of rulemaking shall not become effective prior to the expiration of thirty legislative days of a regular session after such order is filed with the secretary of state and the general assembly.

     6. The committee may, by majority vote of its members, recommend that the general assembly disapprove and annul any rule or portion thereof contained in an order of rulemaking after hearings thereon and, upon a finding that such rule or portion thereof should be disapproved and annulled upon the following grounds:

     (1) Such rule is substantive in nature in that it creates rights or liabilities or provides for sanctions as to any person, corporation or other legal entity; and

     (2) Such rule or portion thereof is not in the public interest or is not authorized by the general assembly for one or more of the following grounds:

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

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

     (c) Such proposed rule is likely to substantially endanger the public health, safety or welfare;

     (d) The rule exceeds the purpose, or is more restrictive than is necessary to carry out the purpose, of the statute granting rulemaking authority;

     (e) A substantial change in circumstance has occurred since enactment of the law upon which the proposed rule is based as to result in a conflict between the purpose of the law and the proposed rule, or as to create a substantial danger to public health and welfare;

     (f) The proposed rule is so arbitrary and capricious as to create such substantial inequity as to be unreasonably burdensome on persons affected.

     7. Any recommendation or report issued by the committee pursuant to subsection 6 of this section shall be admissible as evidence in any judicial proceeding and entitled to judicial notice without further proof.

     8. The general assembly may adopt a concurrent resolution in accordance with the provisions of article IV, section 8 of the Missouri constitution to disapprove and annul any rule or portion thereof upon one or more of the grounds stated in subsection 6 of this section.

     9. Any rule or portion thereof not disapproved within thirty legislative days of a regular session pursuant to subsection 8 of this section shall be deemed approved by the general assembly and the secretary of state may publish such order of rulemaking as soon as practicable upon the expiration of thirty legislative days of a regular session after the order of rulemaking was filed with the secretary of state and the general assembly.

     10. Upon adoption of such concurrent resolution as provided in subsection 8 of this section, the secretary of state shall not publish the order of rulemaking until the expiration of time necessary for such resolution to be signed by the governor, or vetoed and subsequently acted upon by the general assembly pursuant to article III, section 32 of the Missouri Constitution. If such concurrent resolution is adopted and signed by the governor or reconsidered pursuant to article III, section 32, the secretary of state shall publish in the Missouri Register, as soon as practicable, the order of rulemaking along with notice of the proposed rules or portions thereof which are disapproved and annulled by the general assembly.

     11. Notwithstanding the provisions of section 1.140, RSMo, the provisions of this section are nonseverable and the delegation of legislative authority to an agency to propose orders of rulemaking is essentially dependent upon the powers vested with the general assembly as provided herein. If any of the powers vested with the general assembly to review, to delay the effective date or to disapprove and annul a rule or portion of a rule contained in an order of rulemaking, are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking pursuant thereto shall be invalid and void.

     12. Nothing in this section shall prevent the general assembly from adopting by bill within thirty legislative days of a regular session the rules or portions thereof, or as the same may be amended, as contained in a proposed order of rulemaking. In that event, the proposed order of rulemaking shall have been superseded and any rule proposed therein shall be void and only such rules adopted by the general assembly and submitted to the governor may become effective. Rules so adopted shall be published by the secretary of state as soon as practicable. In that event, the secretary of state shall not publish the proposed order of rulemaking and such proposed order of rulemaking shall be invalid and void.

     13. Upon adoption of any rule now in effect or hereafter promulgated, any such rule or portion thereof may be revoked by the general assembly either by bill, or by concurrent resolution pursuant to article IV, section 8 of the constitution on recommendation of the committee on administrative rules upon the grounds listed in subsection 6 of this section. The secretary of state shall publish in the Missouri Register, as soon as practicable, notice of the revocation.]

     536.031. 1. There is established a publication to be known as the "Code of State Regulations", which shall be published by the secretary of state as soon as practicable after ninety days following January 1, 1976, and may be republished from time to time thereafter as determined by the secretary of state.

     2. The code of state regulations shall contain the full text of all rules of state agencies in force and effect upon the effective date of the first publication thereof, and effective September 1, 1990, it shall be revised no less frequently than monthly thereafter so as to include all rules of state agencies subsequently made, amended or rescinded and the full text of any law enacted pursuant to section 21.800, RSMo. The code may also include citations, references, or annotations, prepared by the state agency adopting the rule or by the secretary of state, to any intraagency ruling, attorney general's opinion, determination, decisions, order, or other action of the administrative hearing commission, or any determination, decision, order, or other action of a court interpreting, applying, discussing, distinguishing, or otherwise affecting any rule published in the code.

     3. The code of state regulations shall be published in looseleaf form in one or more volumes and with an appropriate index and cover, and revisions in the text and index may be made by printing additional pages for insertion in the looseleaf cover.

     4. The secretary of state may omit from the code of state regulations such rules and such material incorporated by reference in any rule the publication of which would be unduly cumbersome or expensive, provided that the full text of such rule or the full text of the material incorporated by reference is made available to any interested person at both the office of the secretary of state and the office of the adopting state agency, and copies thereof made available to any interested party at a cost not to exceed the actual cost of copy reproduction.

     5. The courts of this state shall take judicial notice, without proof, of the contents of the code of state regulations.

     536.046. Each agency may maintain a public rulemaking docket. The rulemaking docket may contain a listing of the precise subject matter of each rule that the agency is considering proposing. The docket may also contain the name and address of agency personnel with whom persons may communicate with respect to the matter and an indication of the present status within the agency of the rule the agency is considering proposing. The secretary of state may publish such rulemaking dockets.

     536.050. 1. The power of the courts of this state to render declaratory judgments shall extend to declaratory judgments respecting the validity of rules, or of threatened applications thereof, and such suits may be maintained against agencies whether or not the plaintiff has first requested the agency to pass upon the question presented. The venue of such suits against agencies shall, at the option of the plaintiff, be in the circuit court of Cole County, or in the county of the plaintiff's residence, or if the plaintiff is a corporation, domestic or foreign, having a registered office or business office in this state, in the county of such registered office or business office. Nothing herein contained shall be construed as a limitation on the declaratory or other relief which the courts might grant in the absence of this section.

     2. Any person bringing an action under subsection 1 of this section shall not be required to exhaust any administrative remedy if the court determines that:

     (1) The administrative agency has no authority to grant the relief sought or the administrative remedy is otherwise inadequate; or

     (2) The only issue presented for adjudication is a constitutional issue or other question of law; or

     (3) Requiring the person to exhaust any administrative remedy would result in undue prejudice because the person may suffer irreparable harm if unable to secure immediate judicial consideration of the claim. Provided, however, that the provisions of this subsection shall not apply to any matter covered by chapters 288, 302, and 303, RSMo.

     3. A party who prevails in an action brought pursuant to subsection 1 of this section shall be awarded reasonable fees and expenses, as defined in section 536.085, incurred by that party in the action.

     4. A party seeking an award of fees and other expenses shall, within thirty days of a final disposition of an action brought pursuant to subsection 1 of this section, submit to the court which rendered the final disposition or judgment an application which shows that the party is a prevailing party and is eligible to receive an award pursuant to this section, and the amount sought, including an itemized statement from any attorney or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses are computed.

     5. A prevailing party in an agency proceeding shall submit an application for fees and expenses to the court before which the party prevailed. The filing of an application shall not stay the time for appealing the merits of a case. When the state appeals the underlying merits of an adversary proceeding, no decision on the application for fees and other expenses in connection with that adversary proceeding shall be made pursuant to this section until a final and unreviewable decision is rendered by the court on the appeal or until the underlying merits of the case have been finally determined pursuant to the appeal.

     6. The court may either reduce the amount to be awarded or deny any award, to the extent that the prevailing party during the course of the proceedings engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy.

     7. The decision of a court on the application for reasonable fees and expenses shall be in writing, separate from the judgment or order of the court which determined the prevailing party, and shall include written findings and conclusions and the reason or basis therefor. The decision of a court on the application for fees and other expenses shall be final, subject respectively to appeal or judicial review.

     8. If a party or the state is dissatisfied with a determination of fees and other expenses made in an action brought pursuant to subsection 1 of this section, that party or the state may, within the time permitted by law, appeal that order or judgment to the appellate court having jurisdiction to review the merits of that order or judgment. The appellate court's determination shall be based solely on the record made before the court below. The court may modify, reverse or reverse and remand the determination of fees and other expenses if the court finds that the award or failure to make an award of fees and other expenses, or the calculation of the amount of the award, was arbitrary and capricious, was unreasonable, was unsupported by competent and substantial evidence, or was made contrary to law or in excess of the court's jurisdiction. Awards made pursuant to this section shall be payable from amounts appropriated therefor. The state agency against which the award was made shall request an appropriation to pay for the award.

     [Section 14. 1. The director may, after notice and hearing, promulgate reasonable rules to carry out the provisions of sections 1 to 11. The director shall have the authority to promulgate rules to accomplish the following purposes:

     (1) To regulate the internal affairs of the department of insurance;

     (2) To prescribe forms and procedures to be followed in proceedings before the department of insurance; and

     (3) To effectuate or aid in the interpretation of any law of this state pertaining to the subject matters of sections 1 to 11.

     2. Any rule that has the effect of creating or substantially modifying a legal right, liability, obligation or sanction shall be considered substantive. The director may only promulgate substantive rules on subject matters specifically authorized pursuant to sections 1 to 11 and any substantive rule or portion of a rule shall become effective only as provided pursuant to chapter 536, RSMo, including, but not limited to, section 536.028, after the effective date of this act. All such substantive rules and all substantive rulemaking authority granted pursuant to sections 1 to 11 shall expire on August 31, 1998. Any act by the general assembly that serves to extend or postpone the expiration of any rule or rulemaking authority shall not constitute legislative approval of the rule or authority nor be admissible in any court as evidence of legislative intent. The provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date or to disapprove and annul a rule, or portion of a rule, are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void.]

     Section D. Because immediate action is necessary to properly oversee the laws of this state, section C of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section C of this act shall be in full force and effect upon its passage and approval.".

HOUSE SUBSTITUTE AMENDMENT NO. 1

FOR HOUSE AMENDMENT NO. 8

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 248, Page 31, Section 559.029, Line 3, by inserting immediately after said line the following:

     "559.615. No judge nor any person related within the third degree of consanguinity or affinity to a judge[,] or any other elected county official with direct court supervision responsibilities, may have a material financial interest in any private entity which contracts to provide probation supervision or rehabilitation services pursuant to sections 559.600 to 559.615."; and

     Further amend said bill, by amending the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 9

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 248, Page 37, Line 13, by adding thereto the following:

     "115.575. 1. All contested elections for the office of circuit or associate circuit judge not subject to the provisions of article V, section 25 of the state constitution shall be filed in and heard and determined by an adjoining circuit court selected by the contestant.

     2. All contested elections on any office or question other than those provided for in sections 115.555, 115.563 and subsection 1 of this section shall be heard and determined by the circuit court of any circuit, selected by the contestant, in which all or any part of the election was held and in which any alleged irregularity occurred."; and

     Further amend the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 10

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 248, Page 29, Section 512.050, Lines 1-16, by deleting all of said lines and inserting in lieu thereof the following:

     "512.050. When an appeal is permitted by law from a trial court and within the time prescribed, a party or his agent may appeal from a judgment or order by filing with the clerk of the trial court a notice of appeal. No such appeal shall be effective unless the notice of appeal shall be filed not later than ten days after the judgment or order appealed from becomes final [and]. All charges due to the court reporter for preparation of the transcript of the record of the trial court [are] shall be paid within ten days of the [filing of the notice of appeal] ordering of the transcript. In the event that actual charges due for the preparation of the transcript cannot be readily determined, a deposit in the amount of the estimated charges due for preparation of the transcript shall be paid within ten days of the [filing of the notice of appeal] written notification by the court reporter of the amount of such estimated charges. The court reporter shall provide such written notification within ten days of any request for transcript. After a timely filing of such notice of appeal, failure of the appellant to take any of the further steps to secure the review of the judgment or order appealed from does not affect the validity of the appeal, but is ground for such action as the appellate court deems appropriate, which may include dismissal of the appeal. [The docket fee of ten dollars in the appellate court shall be deposited with the clerk of the trial at the time of filing the notice of appeal.]".

HOUSE AMENDMENT NO. 11

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 248, Page 2, Section A, Line 13, by inserting immediately after said line the following:

     "[56.765. 1. A fee of one dollar shall be assessed as costs in each court proceeding filed in any court in the state for violation of a criminal law of the state, including an infraction; except that no such fee shall be collected for nonmoving traffic violations, except violation of weight limit and safety laws, and no such fee shall be collected in any proceeding in any court when the proceeding or the defendant has been dismissed by the court or when costs are to be paid by the state or county on behalf of an indigent defendant.

     2. Fifty cents of every dollar collected under the provisions of subsection 1 of this section shall be at least monthly paid by the clerk of the court wherein the costs are collected to the county treasurer who shall credit the same to established. The county treasurer shall at least monthly transmit the total dollar amount in the prosecuting attorneys training fund to the state treasurer who shall deposit the amount to the credit of the "Missouri Office of Prosecution Services Fund" which is hereby created. The moneys credited to the Missouri office of prosecution services fund from each county shall be used only for the purposes set forth in sections 56.750, 56.755, and 56.760, and no other moneys from either the state's general revenue or any other source except the sources described in section 56.760 shall be used to fund the Missouri office of prosecution services. The revenues and expenditures of the Missouri office of prosecution services shall be subject to an annual audit to be performed by the Missouri state auditor. The Missouri office of prosecution services shall also be subject to any other audit authorized and directed by the state auditor.

     3. Fifty cents of every dollar collected under the provisions of subsection 1 of this section shall be paid at least monthly by the clerk of the court wherein the costs are collected to the county treasurer who shall deposit all of such funds into the county treasury in a separate fund to be used solely for the purpose of additional training for circuit and prosecuting attorneys and their staffs. If the funds collected and deposited by the county are not totally expended annually for the purposes set forth in this subsection, then the unexpended moneys shall remain in said fund and the balance shall be kept in said fund to accumulate from year to year, or at the request of the circuit or prosecuting attorney, with the approval of the county commission or the appropriate governing body of the county or the city of St. Louis, and may be used to pay for expert witness fees, travel expenses incurred by victim/witnesses in case preparation and trial, for expenses incurred for changes of venue, for expenses incurred for special prosecutors, and for other lawful expenses incurred by the circuit or prosecuting attorney in operation of that office.]

     56.765. 1. A surcharge of one dollar shall be assessed as costs in each court proceeding filed in any court in the state in all criminal cases including violations of any county ordinance or any violation of a criminal or traffic law of the state, including an infraction; except that no such surcharge shall be collected in any proceeding in any court when the proceeding or the defendant has been dismissed by the court or when costs are to be paid by the state county or municipality.

     2. One-half of the moneys collected under the provisions of subsection 1 of this section shall be payable to the state treasurer who shall deposit the amount to the credit of the "Missouri Office of the Prosecution Services Fund" which is hereby created. The moneys credited to the Missouri office of prosecution services fund from each county shall be used only for the purposes set forth in sections 56.750, 56.755, and 56.760, and no other moneys from either the state's general revenue or any other source except the sources described in section 56.760 shall be used to fund the Missouri office of prosecution services. The Missouri office of prosecution services may collect a registration fee to pay for actual expenses included in sponsoring training conferences. The revenues and expenditures of the Missouri office of prosecution services shall be subject to an annual audit to be performed by the Missouri state auditor. The Missouri office of prosecution services shall also be subject to any other audit authorized and directed by the state auditor.

     3. One-half of all the moneys collected under the provisions of subsection 1 of this section shall be payable to the county treasurer of each county from which such funds were generated. The county treasurer shall deposit all of such funds into the county treasury into a separate fund to be used solely for the purpose of additional training for circuit and prosecuting attorneys and their staffs. If the funds collected and deposited by the county are not totally expended annually for the purposes set forth in this subsection, then the unexpended moneys shall remain in said fund to accumulate from year to year, or at the request of the circuit or prosecuting attorney, with the approval of the county commission or the appropriate governing body of the county or the city of St. Louis, and may be used to pay for expert witness fees, travel expenses incurred by victim/witnesses in case preparation and trial, for expenses incurred for changes of venue, for expenses special prosecutors, and for other lawful expenses incurred by the circuit or prosecuting attorney in operation of that office.

     4. There is hereby established in the state treasury the "Missouri Office of Prosecution Services Revolving Fund". Any moneys received by or on behalf of the Missouri Office of Prosecution Services from registration fees, federal and state grants or any other source established in 56.760 in connection with the purposes set forth in sections 56.750, 56.755, and 56.760 shall be deposited into the fund.

     5. The moneys in the Missouri Office of Prosecution Services Revolving Fund shall be kept separate and apart from all other moneys in the state treasury. The state treasurer shall administer the fund and shall disburse moneys from the fund to the Missouri office of prosecution services pursuant to appropriations for the purposes set forth in sections 56.750, 56.755, and 56.760.

     6. Any unexpected balance remaining in the fund at each biennium shall be exempt from the provisions of section 33.080, RSMo, relating to the transfer of unexpended balances to the general revenue fund."; and

     Further amend said bill, by amending the title and enacting clause accordingly.

     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 concurred in SCA 1 to HB 17 and has again taken up and passed HB 17 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 19 and has again taken up and passed HB 19 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SS for SCS for HS for HCS for HB 335, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference.

PRIVILEGED MOTIONS

     Senator Maxwell moved that the Senate refuse to recede from its position on SS for SCS for HS for HCS for HB 335, as amended, and grant the House a conference thereon, which motion prevailed.

     Senator Westfall moved that the Senate refuse to concur in HS for HCS for SCS for SB 89, as amended, and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

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 concur in Conference Committee Report on SCS for HCS for HB 10 and grants the Senate further conference and the conferees be allowed to exceed the differences only in Sections 10.685 and 10.690 and not be bound.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB 10: Representatives: Lumpe, Carter, Foley, Burton and Shields.

PRIVILEGED MOTIONS

     Senator Caskey moved that the Senate refuse to concur in HS for HCS for SS for SB 121, as amended, and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

     On motion of Senator Quick, the Senate recessed for 10 minutes.

RECESS

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

HOUSE BILLS ON THIRD READING

     HCS for HB 18, with SCS, entitled:

     An Act to appropriate money for planning, expenses, lease-purchases, and for capital improvements including but not limited to major additions and renovations, new structures, and land improvements or acquisitions, and to transfer money among certain funds.

     Was taken up by Senator Lybyer.

     SCS for HCS for HB 18, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 18

     An Act to appropriate money for planning, expenses, lease-purchases, and for capital improvements including but not limited to major additions and renovations, new structures, and land improvements or acquisitions, and to transfer money among certain funds.

     Was taken up.

     Senator Lybyer moved that SCS for HCS for HB 18 be adopted, which motion prevailed.

     On motion of Senator Lybyer, HCS for SCS for HB 18 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoEhlmannGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BanksFlotronMaxwell--3
Absent with leave--Senators--None

     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.

PRIVILEGED MOTIONS

     Senator Lybyer moved that the Senate return SCS for HCS for HB 10 to the House for purposes of adopting the original conference committee report, which motion prevailed.

HOUSE BILLS ON THIRD READING

     HB 304, introduced by Representative Ransdall, et al, entitled:

     An Act to repeal sections 578.151, 578.152 and 578.153, RSMo 1994, relating to interference with lawful hunting and trapping, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

     Was taken up by Senator Russell.

     Senator Rohrbach offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend House Bill No. 304, Page 1, Section 578.151, Lines 1-4, by deleting after 578.151 all of said lines and renumbering the subsection accordingly.

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

     On motion of Senator Russell, HB 304 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Curls--1
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

MESSAGES FROM THE HOUSE

     The following message was 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 Conference Committee Report on SCS for HCS for HB 10 and requests a further conference on SCS for HCS for HB 10.

PRIVILEGED MOTIONS

     Senator Lybyer moved that the Senate refuse to grant further conference on SCS for HCS for HB 10 and request the House to recede from its position and take up and adopt the conference committee report and pass CCS for HB 10, which motion prevailed.

     Senator Howard moved that the Senate refuse to concur in the conference committee report on HCS for HBs 600 and 388, as amended, and request the House to grant further conference, which motion prevailed.

     Senator Banks, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 347, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 347

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Bill No. 347, with House Amendment No. 1 to House Amendment No. 2, House Amendment No. 2, as amended and House Amendment No. 3; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Committee Substitute for Senate Bill No. 347, with House Amendment No. 1 to House Amendment No. 2, House Amendment No. 2, as amended and House Amendment No. 3;

     2. That the Senate recede from its position on Senate Bill No. 347;

     3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Bill No. 347 be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ J.B. "Jet" Banks      /s/ Craig Hosmer

/s/ Harry Wiggins      /s/ Paula J. Carter

/s/ Danny Staples      /s/ Henry Rizzo

/s/ Betty Sims      /s/ Connie Cierpiot

/s/ Roseann Bentley      /s/ Dave Broach

     Senator Banks moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoGoodeGravesHouse
HowardJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
WestfallWigginsYeckel--27
Nays--Senators--None
Absent--Senators
ClayCurlsEhlmannFlotron
JacobMcKennaStaples--7
Absent with leave--Senators--None

     On motion of Senator Banks, CCS for HCS for SB 347, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 347

     An Act to repeal sections 191.677, 567.010 and 567.020, RSMo 1994, relating to sexual contact, and to enact in lieu thereof five new sections relating to the same subject, with penalty provisions.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoGoodeGravesHouse
HowardJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
WestfallWigginsYeckel--27
Nays--Senators--None
Absent--Senators
ClayCurlsEhlmannFlotron
JacobMcKennaStaples--7
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     Senator DePasco, on behalf of the conference committee appointed to act with a like committee from the House on HS for HCS for SB 142, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 142

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Substitute for House Committee Substitute for Senate Bill 142, with House Amendments Nos. 1, 2, 3, 4 and 5; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Substitute for House Committee Substitute for Senate Bill No. 142, as amended;

     2. That the Senate recede from its position on Senate Bill No. 142;

     3. That the attached Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Bill No. 142 be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Ronnie DePasco      /s/ Brian May

/s/ WilliamP. McKenna      /s/ Jim O'Toole

/s/ Harold Caskey      /s/ Henry Rizzo

/s/ Marvin Singleton      /s/ Phil Wannenmacher

/s/ Walt Mueller      /s/ Doug Gaston

     Senator DePasco moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayCurls--2
Absent with leave--Senators--None

     On motion of Senator DePasco, CCS for HS for HCS for SB 142, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 142

     An Act to repeal sections 367.044, 367.045, 367.047, 367.048, 367.050, RSMo 1994, relating to pawnbroker regulations, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayCurls--2
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     Senator Caskey, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HB 655, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 655

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on Senate Committee Substitute for House Bill No. 655 with Senate Perfecting Amendment No. 1, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the Senate recede from its position on Senate Committee Substitute for House Bill No. 655 with Senate Perfecting Amendment No. 1;

     2. That the House recede from its position on House Bill No. 655;

     3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Bill No. 655 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Harold Caskey      /s/ Brian May

/s/ David Klarich      /s/ Scott Lakin

/s/ Jim Mathewson      /s/ James O'Toole

/s/ John E. Scott      /s/ Chuck Wooten

/s/ Sam Graves      /s/ Chuck Pryor

     Senator Caskey moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Clay--1
Absent with leave--Senators--None

     On motion of Senator Caskey, CCS for SCS for HB 655, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 655

     An Act to repeal sections 143.411, 143.471, 347.020, 347.037, 347.039, 347.069, 347.081, 347.103, 347.109, 347.121, 347.125, 347.129, 347.133, 347.137, 347.141, 347.700, 347.705, 347.710, 355.066, 355.071, 355.197, 355.211, 355.221, 355.431, 355.471, 359.011, 359.061, 359.165, 359.201, 359.341, 359.351, 359.451, 408.035, 484.020 and 486.330, RSMo 1994, and sections 347.015, 347.187, 358.150, 358.440, and 358.510, RSMo Supp. 1996, relating to regulation of businesses, and to enact in lieu thereof forty-five new sections relating to the same subject with an emergency clause, and penalty provisions.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Clay--1
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClayLybyerMathewson--3
Absent with leave--Senators--None

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

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

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

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 Conference Committee Report on SCS for HCS for HB 10 and requests a further conference on SCS for HCS for HB 10.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HCS for HB 18 and has again taken up and passed SCS for HCS for HB 18.

PRIVILEGED MOTIONS

     Senator Lybyer moved that the Senate grant further conference on SCS for HCS for HB 10 and that the conferees be allowed to exceed the differences in Sections 10.685 and 10.690, which motion prevailed.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SCS for HCS for HB 10: Senators Lybyer, Goode, Wiggins, Singleton and Russell.

PRIVILEGED MOTIONS

     Senator Caskey, on behalf of the conference committee appointed to act with a like committee from the House on HCS for HBs 424 and 534, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 424 and 534

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Committee Substitute for House Bills Nos. 424 and 534, with Senate Committee Amendment No. 1, Senate Committee Amendment No. 2 and Senate Amendment No. 1, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the Senate recede from its position on Senate Amendment No. 1 and the emergency clause;

     2. That the House Committee Substitute for House Bills Nos. 424 and 534 with Senate Committee Amendment No. 1 and Senate Committee Amendment No. 2 be Truly Agreed and Finally Passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Harold L. Caskey      /s/ Wayne Crump

/s/ Jim Mathewson       /s/ Jerry E. McBride

/s/ Sam Graves      /s/ Bill Ransdall

/s/ David Klarich      /s/ Charles Ballard

/s/ Joe Maxwell      /s/ Beth Long

     Senator Caskey moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
MathewsonMaxwellMuellerRohrbach
SchneiderScottStaplesWestfall
WigginsYeckel--26
Nays--Senators--Ehlmann--1
Absent--Senators
ClayLybyerMcKennaQuick
RussellSimsSingleton--7
Absent with leave--Senators--None

     On motion of Senator Caskey, HCS for HBs 424 and 534, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--Ehlmann--1
Absent--Senators
ClayFlotronRussell--3
Absent with leave--Senators--None

     The President declared the bill passed.

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

     Senator Caskey 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 Schneider, Chairman of the Committee on Judiciary, submitted the following report:

     Mr. President: Your Committee on Judiciary, to which was referred HS for HB 850, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

SENATE BILLS FOR PERFECTION

     Senator Scott moved that SB 9, with SCA 1, (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SCA 1 was again taken up.

     Senator Scott moved that the above amendment be adopted.

     At the request of Senator Quick, the Senate recessed for 10 minutes.

RECESS

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

     At the request of Senator Scott, SB 9, with SCA 1 (pending), was placed on the Informal Calendar.

RESOLUTIONS

     Senator Lybyer offered Senate Resolution No. 815, regarding Elaine F. Varnadore, which was adopted.

     Senator Caskey offered Senate Resolution No. 816, regarding Onalee "Connie" Price, Harrisonville, which was adopted.

     Senator Yeckel offered Senate Resolution No. 817, regarding David Lee Nelson, St. Louis, which was adopted.

     Senator Yeckel offered Senate Resolution No. 818, regarding Dorothea M. Jones, St. Louis, which was adopted.

     Senator Yeckel offered Senate Resolution No. 819, regarding Krystal R. Mitchell, Hillsboro, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Sims introduced to the Senate, Sister Jane, and twenty eighth grade students from Little Flower School, St. Louis.

     Senator Singleton introduced to the Senate, Mike and Michelle Testman, and their children, Megan, April and Michael; and Alan and Beth Stephens, and their children, Alison and Andrea, Carl Junction; and Megan, April, Michael, Alison and Andrea were made honorary pages.

     On motion of Senator Quick, the Senate adjourned until 9:30 a.m., Monday, May 12, 1997.