Journal of the Senate

FIRST REGULAR SESSION


SIXTY-EIGHTH DAY--MONDAY, MAY 12, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, Jesus said, "Whatsoever you would that men should do unto you do you even so unto them." We call this a golden rule and yet often behave as though it had no value. Help us to not only preach it, but to practice it. Help us to apply it to our day by day duties. In Jesus Name we pray. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal for Friday, May 9, 1997, was read and approved.

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

Present--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Absent with leave--Senators--None
The Lieutenant Governor was present.

RESOLUTIONS

     Senator Clay offered Senate Resolution No. 820, regarding the Missouri Chapter of the African American Lutheran Association of the Evangelical Lutheran Church in America, which was adopted.

     Senator Clay offered Senate Resolution No. 821, regarding Mr. Earl Wilson, Jr., St. Louis, which was adopted.

HOUSE BILLS ON THIRD READING

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

     SS for SCS for HCS for HB 589, as amended, was again taken up.

     Senator House offered SA 5:

SENATE AMENDMENT NO. 5

     Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 38, Section 536.028, Line 28, by inserting immediately after all of said line, the following:

     "Section 1. The Director of the Department of Economic Development shall notify all businesses affected by Section 172.273, RSMo, in any county of the first classification with a population of at least two hundred thousand inhabitants that adjoins a county of the first classification with a population of at least nine hundred thousand inhabitants that the provisions of subsections 3 and 8 of section 172.273, RSMo, shall expire January 1, 1999 and said subsections shall expire on January 1, 1999."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Wiggins assumed the Chair.

     Senator Jacob offered SA 6, which was read:

SENATE AMENDMENT NO. 6

     Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 17, Section 99.820, Line 2, by inserting immediately after said line the following:

     "4. For purposes of this section, section 99.460 and Section 353.130, RSMo, no authority, city, county or urban redevelopment corporation shall have the right to acquire any real property by exercise of its power of eminent domain or use general revenue or other funds acquired by said authority to acquire real property, for the purpose of creating an excursion gambling boat project that is licensed or will be licensed pursuant to the provisions of sections 313.800 to 313.850, RSMo, by the Missouri gaming commission.".

     Senator Jacob moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Mathewson, Singleton, Kenney and Westfall.

     Senator Rohrbach offered SA 1 to SA 6, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 6

     Amend Senate Amendment No. 6 to Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 1, Section 99.820, Line 9, by deleting all of said line and inserting in lieu thereof the following: "pursuant to a license applied for after the effective date of this act under the provisions".

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

     Senator Johnson assumed the Chair.

     SA 6 was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMcKennaMuellerSchneider
SimsSingletonWestfall--23
Nays--Senators
CurlsFlotronMathewsonMaxwell
QuickRohrbachScottStaples
WigginsYeckel--10
Absent--Senators--Russell--1
Absent with leave--Senators--None

PRIVILEGED MOTIONS

     Having voted on the prevailing side, Senator Klarich moved that the vote by which SA 4 to SS for SCS for HCS for HB 589 was adopted, be reconsidered, which motion prevailed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoHouseJohnson
KenneyKlarichMathewsonMaxwell
McKennaQuickScottStaples
WigginsYeckel--18
Nays--Senators
BentleyEhlmannFlotronGoode
GravesHowardJacobKinder
LybyerMuellerRohrbachSchneider
SimsSingletonWestfall--15
Absent--Senators--Russell--1
Absent with leave--Senators--None

     SA 4 was again taken up.

     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.

     HB 207, with SCS, introduced by Representative Koller, entitled:

     An Act to repeal section 301.560, RSMo Supp. 1996, relating to the motor vehicle commission, and to enact in lieu thereof one new section relating to the same subject.

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

     SCS for HB 207, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 207

     An Act to repeal sections 301.280, 301.550, 301.555, 301.557, 301.559, 301.562, 301.563, 301.564, 301.565, 301.568, 301.572 and 301.573, RSMo 1994, and sections 301.553, 301.560, 301.566 and 301.570, RSMo Supp. 1996, relating to the motor vehicle commission, and to enact in lieu thereof sixteen new sections relating to the same subject, with an emergency clause.

     Was taken up.

     Senator Staples moved that SCS for HB 207 be adopted.

     Senator Staples offered SS for SCS for HB 207, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 207

     An Act to repeal sections 301.280, 301.550, 301.555, 301.557, 301.559, 301.562, 301.563, 301.564, 301.565, 301.572 and 301.573, RSMo 1994, and sections 301.553, 301.560, 301.566 and 301.570, RSMo Supp. 1996, relating to the motor vehicle commission, and to enact in lieu thereof fifteen new sections relating to the same subject, with an emergency clause.

     Senator Staples moved that SS for SCS for HB 207 be adopted.

     At the request of Senator Staples, HB 207, with SCS and SS for SCS (pending), was placed on the Informal Calendar.

     Senator Quick moved that HCS for HB 620, with SS (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SS for HCS for HB 620 was again taken up.

     Senator Mathewson assumed the Chair.

     Senator Mueller offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for House Committee Substitute for House Bill No. 620, Page 4, Section 392.410, Line 7, by deleting all of said line.

     Senator Mueller moved that the above amendment be adopted.

     At the request of Senator Quick, HCS for HB 620, with SS and SA 1 (pending), was placed on the Informal Calendar.

PRIVILEGED MOTIONS

     Senator Caskey moved that the Senate refuse to concur in HCS for SS for SB 11, 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.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SS for SCS for HS for HCS for HB 335, as amended: Senators Maxwell, Wiggins, Howard, Sims and Westfall.

     On motion of Senator Quick, the Senate adjourned until 2:00 p.m.

RECESS

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

RESOLUTIONS

     Senator Singleton offered Senate Resolution No. 822, regarding Mr. Gene Doughty, Fairview, which was adopted.

REPORTS OF STANDING COMMITTEES

     Senator Scott, Chairman of the Committee on State Budget Control, submitted the following report:

     Mr. President: Your Committee on State Budget Control, to which was referred HS for HCS for HB 472, with SCA 1, begs leave to report that it has considered the same and recommends that the bill do pass.

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 SS for HB 791 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 and adopted the Conference Committee Report on HCS for SB 132, as amended, and has taken up and passed HCS for SB 132, as amended by the Conference Committee Report.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken and adopted the Conference Committee Report on HS for HCS for SB 142 and has taken up and passed CCS for SB 142.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken and adopted the Conference Committee Report on HCS for SB 347, as amended, and has taken up and passed CCS for SB 347.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House grants the Senate further conference on HCS for HBs 600 and 388 and the conferees be allowed to exceed the differences.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has re-appointed the following conferees to act with a like committee from the Senate on HCS for HBs 600 and 388: Representatives: Carter, Harlan, Luetkenhaus, Sallee and Wooten.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HS for HCS for SCS for SB 89, as amended, and grants the Senate a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HS for HCS for SS for SB 121, as amended, and grants the Senate a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken and adopted the Conference Committee Report on SCS for HB 816 and has taken up and passed SCS for HB 816, as amended by the Conference Committee Report.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SS for SB 11, as amended, and grants the Senate a conference thereon.

PRIVILEGED MOTIONS

     Senator Howard moved that the Senate conferees on HCS for HBs 600 and 388, as amended, be allowed to exceed the differences, 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 HS for HCS for SCS for SB 89, as amended: Senators Mathewson, Scott, Caskey, Westfall and Russell.

     Also,

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HCS for SS for SB 11, as amended: Senators Caskey, Mathewson, Scott, Graves and Westfall.

     Also,

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HS for HCS for SS for SB 121, as amended: Senators Caskey, Curls, Wiggins, Graves and Sims.

     Also,

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HCS for HBs 600 and 388, as amended: Senators Howard, Banks, Clay, Klarich and Sims.

CONFERENCE COMMITTEE REPORTS

     Senator Mathewson, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HB 816, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 816

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for House Bill No. 816, 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 House recede from its position on Senate Committee Substitute for House Bill No. 816;

     2. That the attached Conference Committee Amendment No. 1 to Senate Committee Substitute for House Bill No. 816 be adopted;

     3. That the Senate Committee Substitute for House Bill No. 816 with Conference Committee Amendment No. 1 be passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Jim Mathewson      /s/ Marilyn Williams

/s/ Mike Lybyer      /s/ Larry Thomason

/s/ Doyle Childers      /s/ Doug Gaston

/s/ Marvin Singleton      /s/ Sam Leake

/s/ Jerry Howard      /s/ Ken Legan

CONFERENCE COMMITTEE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Bill No. 816, Page 4, Section 650.325, Line 2, by inserting immediately before the word "Committee" the following: "Advisory"; and

     Further amend said bill, Page 6, Section 650.330, Line 63, by inserting immediately before the word "mediation" the word "requested"; and

     Further amend said bill, Page 6, Section 650.330, Line 64, by inserting immediately after the word "services" the following: ", however, said committee shall not supersede decision making authority of local political subdivisions in regard to 911 services".

     Senator Mathewson moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoFlotronGoodeHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
ClayCurlsEhlmannGraves--4
Absent with leave--Senators--None

     On motion of Senator Mathewson, SCS for HB 816, as amended by the conference committee report, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayStaples--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

HOUSE BILLS ON THIRD READING

     Senator Quick moved that HCS for HB 620, with SS and SA 1 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SA 1 was again taken up.

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

     Senator Bentley offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for House Committee Substitute for House Bill No. 620, Section 392.410, Page 4, Line 7, by adding after the word "service" the following: "or internet type services".

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

     Senator Klarich offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute for House Committee Substitute for House Bill No. 620, Page 5, Section 392.410.7(4), by adding the following:

     "(5) The political subdivision shall be liable in the same manner as if the services were provided by a non-governmental person for injury caused to any person by reason of negligence.".

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

     Senator Goode moved that SS for HCS for HB 620, as amended, be adopted, which motion failed on a standing division vote.

     HCS for HB 620 was again taken up.

     Senator Jacob offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend House Committee Substitute for House Bill No. 620, Page 3, Section 392.410, Line 57, by inserting immediately after all of said line the following:

     "Section 1. No state or local statute or regulation, or any other state or local legal requirement may prohibit or have the effect of prohibiting the ability of any entity to provide any intrastate telecommunications service."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Wiggins resumed the Chair.

     Senator Jacob offered SA 2:

SENATE AMENDMENT NO. 2

     Amend House Committee Substitute for House Bill No. 620, Page 3, Section 392.410, Line 57, by adding after said line the following:

     "8. If after one year from the effective date of this Act there is still only one provider of local exchange telecommunication services a political subdivision may provide the additional telecommunication services to:

     (1) An area designated by the political subdivision as an industrial park;

     (2) A municipal airport; and

     (3) Any governmental facility.

     9. If after three years from the effective date of this Act there is only one local exchange telecommunications provider a political subdivsion may lease any telecommunications service to a telecommunication provider or facility.".

     Senator Jacob moved that the above amendment be adopted.

     Senator Ehlmann offered SSA 1 for SA 2, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 2

     Amend House Committee Substitute for House Bill No. 620, Page 3, Section 392.410, Line 57, by adding the following: "The provisions of this subsection shall expire on August 28, 2002.".

     Senator Ehlmann moved that the above substitute amendment be adopted.

     Senator Bentley offered SA 1 to SSA 1 for SA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 2

     Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 2 to House Committee Substitute for House Bill No. 620, by inserting the word "2000" and deleting the word "2002".

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

     SSA 1 for SA 2 was again taken up.

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

     Senator Bentley offered SA 3:

SENATE AMENDMENT NO. 3

     Amend House Committee Substitute for House Bill No. 620, Page 3, Section 392.410, Line 56, by striking the word "or" and further amend line 57, by inserting after the word "institution" the following: "; or

     (5) Internet type services".

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

     On motion of Senator Quick, HCS for HB 620, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoEhlmannGraves
HouseHowardJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMuellerQuickRohrbach
ScottSimsSingletonStaples
WestfallWigginsYeckel--27
Nays--Senators
GoodeJacob--2
Absent--Senators
BanksFlotronMcKennaRussell
Schneider--5
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 Staples moved that motion lay on the table, which motion prevailed.

     Senator Staples moved that HB 207, with SCS and SS for SCS (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SS for SCS for HB 207 was again taken up.

     Senator Mathewson assumed the Chair.

     Senator Staples offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 207, Page 30, Section 301.566, Line 14, by inserting after the word "location." the following: "Nothing contained in this section shall be construed as applying to the sale of motor vehicle or trailer through either a wholesale motor vehicle auction or public motor vehicle auction.".

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

     Senator Goode offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 207, Page 1, In the Title, Line 6, by striking the following: "the motor vehicle commission" and inserting in lieu thereof the following: "motor vehicles"; and further amend line 8, by striking the following: "emergency clause" and inserting in lieu thereof the following: "effective date for certain sections and an emergency clause for certain sections"; and

     Further amend said bill, page 34, section 301.573, line 26, by inserting immediately after all of said line the following:

     "303.024. 1. Each insurer issuing motor vehicle liability policies in this state, or an agent of the insurer, shall furnish an insurance identification card to the named insured for each motor vehicle insured by a motor vehicle liability policy that complies with the requirements of sections 303.010 to 303.050, 303.060, 303.140, 303.220, 303.290, 303.330 and 303.370.

     2. The insurance identification card shall include all of the following information:

     (1) The name and address of the insurer;

     (2) The name of the named insured;

     (3) The policy number;

     (4) The effective dates of the policy, including month, day and year;

     (5) A description of the insured motor vehicle, including year and make or at least five digits of the vehicle identification number or the word "Fleet" if the insurance policy covers five or more motor vehicles; and

     (6) The statement "THIS CARD MUST BE CARRIED IN THE INSURED MOTOR VEHICLE FOR PRODUCTION UPON DEMAND" prominently displayed on the card.

     3. A new insurance identification card shall be issued when the insured motor vehicle is changed, when an additional motor vehicle is insured, and when a new policy number is assigned. A replacement insurance identification card shall be issued at the request of the insured in the event of loss of the original insurance identification card.

     4. The director shall furnish each self-insurer, as provided for in section 303.220, an insurance identification card for each motor vehicle so insured. The insurance identification card shall include all of the following information:

     (1) Name of the self-insurer;

     (2) The word "self-insured"; and

     (3) The statement "THIS CARD MUST BE CARRIED IN THE SELF-INSURED MOTOR VEHICLE FOR PRODUCTION UPON DEMAND" prominently displayed on the card.

     5. An insurance identification card shall be carried in the insured motor vehicle at all times. The operator of an insured motor vehicle shall exhibit the insurance identification card on the demand of any peace officer who lawfully stops such operator or investigates an accident while that officer is engaged in the performance of the officer's duties [of his office]. If the operator fails to exhibit an insurance identification card, the officer shall notify the director of revenue, in the manner determined by the director, and the officer may issue a citation to the operator pursuant to subsection 6 of this section. A motor vehicle liability insurance policy, a motor vehicle liability insurance binder, or receipt which contains the policy information required in subsection 2 of this section, shall be satisfactory evidence of insurance in lieu of an insurance identification card.

     6. Any person failing to exhibit an insurance identification card or other satisfactory evidence of insurance in lieu of such card upon the demand of any peace officer pursuant to this section is guilty of a class C misdemeanor. However, no person shall be found guilty of violating this section if the operator demonstrates to the court that he or she met the financial responsibility requirements of section 303.025 at the time the peace officer wrote the citation.

     303.025. 1. No owner of a motor vehicle registered in this state, or required to be registered in this state, shall operate the vehicle, or authorize any other person to operate the vehicle, unless the owner maintains the financial responsibility as required in this section. Furthermore, no person shall operate a motor vehicle owned by another with the knowledge that the owner has not maintained financial responsibility unless such person has financial responsibility which covers [his] the person's operation of the other's vehicle. Any person who violates this section is guilty of a class C misdemeanor.

     2. A motor vehicle owner shall maintain [his] the owner's financial responsibility in a manner provided for in section 303.160, or with a motor vehicle liability policy which conforms to the requirements of the laws of this state.

     3. Nothing in sections 303.010 to 303.050, 303.060, 303.140, 303.220, 303.290, 303.330 and 303.370 shall be construed as prohibiting the department of insurance from approving or authorizing those exclusions and limitations which are contained in automobile liability insurance policies and the uninsured motorist provisions of automobile liability insurance policies.

     303.026. 1. The director shall inform each owner who registers a motor vehicle of the following:

     (1) The existence of the requirement that every motor vehicle owner in the state must maintain his financial responsibility;

     (2) The requirement that every motor vehicle owner show an insurance identification card, or a copy thereof, or other proof of financial responsibility at the time of vehicle registration; this notice shall be given at least thirty days prior to the month for renewal and shall be shown in bold, colored print;

     [(2)] (3) The penalties which apply to violations of the requirement to maintain financial responsibility;

     [(3)] (4) The benefits of maintaining coverages in excess of those which are required;

     [(4)] (5) The director's authority to conduct samples of Missouri motor vehicle owners to insure compliance.

     2. No motor vehicle owner shall be issued registration for a vehicle unless the owner, or his authorized agent, signs a [statement] affidavit provided by the director of revenue at the time of registration of the vehicle certifying that such owner has and will maintain, during the period of registration, financial responsibility with respect to each motor vehicle that is owned, licensed or operated on the streets or highways. The affidavit need not be notarized, but it shall be acknowledged by the person processing the form. The affidavit shall state clearly and in bold print the following: "Any false affidavit is a crime under section 575.050 of Missouri law." In addition, every motor vehicle owner shall show proof of such financial responsibility by presenting his or her insurance identification card, as described in section 303.024, or a copy thereof, or some other proof of financial responsibility in the form prescribed by the director of revenue at the time of registration unless such owner registers his vehicle in conjunction with a reciprocity agreement entered into by the Missouri highway reciprocity commission pursuant to sections 301.271 to 301.279, RSMo, or unless the owner insures the vehicle according to the requirements of the division of motor carrier and railroad safety pursuant to section 390.126, RSMo.

     3. The director shall annually select for financial responsibility verification, a sample of the motor vehicle registrations or licenses which is statistically significant to determine the number of insured motorists in the state of Missouri, or to insure compliance. The director may utilize a variety of sampling techniques including but not limited to the processing of uniform traffic tickets, point system warning letters, and random surveys of motor vehicle registrations. The director of revenue may verify the financial responsibility of any person reported under section 303.040.

     4. Upon determination that the information provided by the owner or authorized agent is inaccurate, the director shall notify the owner of the need to provide, within thirty days, information establishing the existence of the required financial responsibility as of the date of such notice. Failure to provide such information shall result in the suspension of all registrations of the owner's motor vehicles failing to meet such requirements, as is provided in section 303.041.

     303.030. 1. If within twenty days after the receipt of a report of a motor vehicle accident within this state which has resulted in bodily injury or death, or damage to the property of any one person in excess of five hundred dollars, the director does not have on file evidence satisfactory to him that the person who would otherwise be required to file security under subsection 2 of this section has been released from liability, or has been finally adjudicated not to be liable, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the director shall determine the amount of security which shall be sufficient in his judgment to satisfy any judgment for damages resulting from such accident as may be recovered against each operator or owner. Any person challenging the director's determination shall have the burden of proving he or she was not at fault.

     2. The director shall, within ninety days after the receipt of such report of a motor vehicle accident, suspend the license of each operator, and all registrations of each owner of a motor vehicle, in any manner involved in such accident, and if such operator is a nonresident the privilege of operating a motor vehicle within this state, and if such owner is a nonresident the privilege of the use within this state of any motor vehicle owned by him, unless such operator or owner or both shall deposit security in the sum so determined by the director; provided notice of such suspension shall be sent by the director to such operator and owner not less than ten days prior to the effective date of such suspension and shall state the amount required as security; provided, however, that the period of suspension provided for in this section shall be in addition to any period of suspension imposed under sections 303.041 and 303.042.

     3. Where erroneous information is given the director with respect to the matters set forth in subdivision (1), (2) or (3) of subsection 4 of this section, he shall take appropriate action as hereinbefore provided, within forty-five days after receipt by him of correct information with respect to said matters.

     4. This section shall not apply under the conditions stated in section 303.070, nor:

     (1) To such operator or owner if such owner had in effect at the time of such accident an automobile liability policy with respect to the motor vehicle involved in such accident;

     (2) To such operator, if not the owner of such motor vehicle, if there was in effect at the time of such accident an automobile liability policy or bond with respect to his operation of motor vehicles not owned by him;

     (3) To such operator or owner if the liability of such operator or owner for damages resulting from such accident is, in the judgment of the director, covered by any other form of liability insurance policy or bond; nor

     (4) To any person qualifying as a self-insurer under section 303.220, nor to any person operating a motor vehicle for such self-insurer.

     5. No such policy or bond shall be effective under this section unless issued by an insurance company or surety company authorized to do business in this state, except that if such motor vehicle was not registered in this state, or was a motor vehicle which was registered elsewhere than in this state at the effective date of the policy or bond, or the most recent renewal thereof, such policy or bond shall not be effective under this section unless the insurance company or surety company, if not authorized to do business in this state, shall execute a power of attorney authorizing the director to accept service on its behalf of notice or process in any action upon such policy or bond arising out of such accident; provided, however, every such policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than twenty-five thousand dollars because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, to a limit of not less than fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and, if the accident has resulted in injury to or destruction of property, to a limit of not less than ten thousand dollars because of injury to or destruction of property of others in any one accident.

     303.043. Whenever a suspension is imposed under section 303.041, [the following] a reinstatement [fees] fee of twenty dollars shall be paid before the license may be reinstated. [prior to the end of the period of suspension provided in subsection 2 of section 303.042, and in the event such reinstatement fees are not paid the period of suspension shall be extended until such fees have been paid:

(1) If the person's driving record shows no prior failure to maintain the required financial responsibility as provided for in section 303.025, the reinstatement fee shall be two hundred dollars;

(2) If the person's driving record shows one prior suspension for failure to maintain the required financial responsibility as provided for in section 303.025, the reinstatement fee shall be four hundred dollars;

(3) If the person's driving record shows two or more prior suspensions for failure to maintain the required financial responsibility as provided for in section 303.025, the reinstatement fee shall be eight hundred dollars.]

     Section B. The repeal and reenactment of sections 303.024, 303.025, 303.026, 303.030 and 303.043 of this act shall become effective on January 1, 1998."; and

     Further amend said bill, page 34, section B, line 27, by striking the following: "B" and inserting in lieu thereof the following: "C"; and further amend 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, 301.568, 301.570 and 301.573 of this act are"; and further amend line 31, by striking the word "is" and inserting in lieu thereof the word "are"; and further on page 27, line 32, by inserting immediately before "this act" 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, 301.568, 301.570 and 301.573 of"; and

     Further amend the title and enacting clause accordingly.

     Senator Goode moved that the above amendment be adopted.

     Senator Staples raised the point of order that SA 2 is out of order in that the amendment goes beyond the subject matter of the bill.

     The point of order was referred to the President Pro Tem.

     At the request of Senator Staples, HB 207, with SCS, SS for SCS, SA 2 and the point of order (pending), was placed on the Informal Calendar.

     HS for HCS for HB 472, with SCA 1, entitled:

     An Act to repeal section 288.038, RSMo 1994, and sections 288.036, 288.040, and 288.050, RSMo Supp. 1996, relating to unemployment compen-sation, and to enact in lieu thereof four new sections relating to the same subject.

     Was taken up by Senator Klarich.

     SCA 1 was taken up.

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

     Senator Mathewson offered SA 1:

SENATE AMENDMENT NO. 1

     Amend House Substitute for House Committee Substitute for House Bill No. 472, Page 1, In the Title, Line 3, by striking the words "unemployment compensation" and inserting in lieu thereof the following: "the department of labor and industrial relations programs"; and

     Further amend said bill, Page 1, In the Title, Line 4, by inserting immediately after the word "subject" the following: ", with an effective date"; and

     Further amend said bill, Page 1, Section A, Line 3, by inserting immediately after all of said line the following:

     "287.020. 1. The word "employee" as used in this chapter shall be construed to mean every person in the service of any employer, as defined in this chapter, under any contract of hire, express or implied, oral or written, or under any appointment or election, including executive officers of corporations. Any reference to any employee who has been injured shall, when the employee is dead, also include his dependents, and other persons to whom compensation may be payable. The word "employee" shall also include all minors who work for an employer, whether or not such minors are employed in violation of law, and all such minors are hereby made of full age for all purposes under, in connection with, or arising out of this chapter. [The word "employee" shall not include an individual who is the owner and operator of a motor vehicle which is leased or contracted with a driver to a for-hire common or contract motor vehicle carrier operating within a commercial zone as defined in section 390.020 or 390.041, RSMo, or operating under a certificate issued by the transportation division of the department of economic development or by the interstate commerce commission.]

     2. The word "accident" as used in this chapter shall, unless a different meaning is clearly indicated by the context, be construed to mean an unexpected or unforeseen identifiable event or series of events happening suddenly and violently, with or without human fault, and producing at the time objective symptoms of an injury. An injury is compensable if it is clearly work related. An injury is clearly work related if work was a substantial factor in the cause of the resulting medical condition or disability. An injury is not compensable merely because work was a triggering or precipitating factor.

     3. (1) In this chapter the term "injury" is hereby defined to be an injury which has arisen out of and in the course of employment. The injury must be incidental to and not independent of the relation of employer and employee. Ordinary, gradual deterioration or progressive degeneration of the body caused by aging shall not be compensable, except where the deterioration or degeneration follows as an incident of employment.

     (2) An injury shall be deemed to arise out of and in the course of the employment only if:

     (a) It is reasonably apparent, upon consideration of all the circumstances, that the employment is a substantial factor in causing the injury; and

     (b) It can be seen to have followed as a natural incident of the work; and

     (c) It can be fairly traced to the employment as a proximate cause; and

     (d) It does not come from a hazard or risk unrelated to the employment to which workers would have been equally exposed outside of and unrelated to the employment in normal nonemployment life;

     (3) The terms "injury" and "personal injuries" shall mean violence to the physical structure of the body and to the personal property which is used to make up the physical structure of the body, such as artificial dentures, artificial limbs, glass eyes, eyeglasses, and other prostheses which are placed in or on the body to replace the physical structure and such disease or infection as naturally results therefrom. These terms shall in no case except as specifically provided in this chapter be construed to include occupational disease in any form, nor shall they be construed to include any contagious or infectious disease contracted during the course of the employment, nor shall they include death due to natural causes occurring while the worker is at work.

     4. "Death" when mentioned as a basis for the right to compensation means only death resulting from such violence and its resultant effects occurring within three hundred weeks after the accident; except that in cases of occupational disease, the limitation of three hundred weeks shall not be applicable.

     5. Without otherwise affecting either the meaning or interpretation of the abridged clause, "personal injuries arising out of and in the course of such employment", it is hereby declared not to cover workers except while engaged in or about the premises where their duties are being performed, or where their services require their presence as a part of such service.

     6. A person who is employed by the same employer for more than five and one-half consecutive work days shall for the purpose of this chapter be considered an "employee".

     7. The term "total disability" as used in this chapter shall mean inability to return to any employment and not merely mean inability to return to the employment in which the employee was engaged at the time of the accident.

     8. As used in this chapter and all acts amendatory thereof, the term "commission" shall hereafter be construed as meaning and referring exclusively to the labor and industrial relations commission of Missouri, and the term "director" shall hereafter be construed as meaning the director of the department of insurance of the state of Missouri or such agency of government as shall exercise the powers and duties now conferred and imposed upon the department of insurance of the state of Missouri.

     9. The term "division" as used in this chapter means the division of workers' compensation of the department of labor and industrial relations of the state of Missouri.

     10. For the purposes of this chapter, the term "minor" means a person who has not attained the age of eighteen years; except that, for the purpose of computing the compensation provided for in this chapter, the provisions of section 287.250 shall control.

     287.030. 1. The word "employer" as used in this chapter shall be construed to mean:

     (1) Every person, or sole proprietor, limited liability partners, partners or copartners comprising a partnership, association, corporation, trustee, receiver, the legal representatives of a deceased employer, and every other person, including any person or corporation operating a railroad and any public service corporation, using the service of another for pay;

     (2) The state, county, municipal corporation, township, school or road, drainage, swamp and levee districts, or school boards, board of education, regents, curators, managers or control commission, board or any other political subdivision, corporation, or quasi-corporation, or cities under special charter, or under the commission form of government;

     (3) Any of the above defined employers must have five or more employees to be deemed an employer for the purposes of this chapter unless election is made to become subject to the provisions of this chapter as provided in subsection 2 of section 287.090, except that construction industry employers who erect, demolish, alter or repair improvements shall be deemed an employer for the purposes of this chapter if they have one or more employees.

     2. Any reference to the employer shall also include his insurer.

     [287.037. Notwithstanding any other provision of law to the contrary, beginning January 1, 1997, those insurance companies providing coverage pursuant to chapter 287, to a limited liability company, as defined in section 347.015, RSMo, shall provide coverage for the employees of the limited liability company who are not members of the limited liability company. Members of the limited liability company, as defined in section 347.015, RSMo, shall also be provided coverage pursuant to chapter 287, but such members may individually elect to reject such coverage by providing a written notice of such rejection on a form developed by the department of insurance to the limited liability company and its insurer. Failure to provide notice to the limited liability company shall not be grounds for any member to claim that the rejection of such coverage is not legally effective. A member who elects to reject such coverage shall not thereafter be entitled to workers' compensation benefits under the policy, even if serving or working in the capacity of an employee of the limited liability company, at least until such time as said member provides the limited liability company and its insurer with a written notice which rescinds the prior rejection of such coverage. The written notice which rescinds the prior rejection of such coverage shall be on a form developed by the department of insurance. Any rescission shall be prospective in nature and shall entitle the member only to such benefits which accrue on or after the date the notice of rescission form is received by the insurance company.]

     287.061. 1. Any city or county which issues an occupational or business license for a contractor in the construction industry shall require a certificate of insurance for workers' compensation coverage [if the applicant for the license is required to cover his liability under this chapter.] or an affidavit, the form of which shall be provided by the division of worker's compensation, signed by the applicant attesting that he or she is exempt.

     2. Any [applicant] contractor who fails to comply with the provisions of subsection 1 of this section shall be denied such a license until [he] such person furnishes a certificate of insurance.

     3. It is unlawful, pursuant to section 287.128, for any [applicant] contractor to provide fraudulent information pursuant to this section.

     4. Nothing in this section shall be construed to create or constitute a liability to or a cause of action against a city or county in regard to the issuance of any license pursuant to this section.

     [287.090. 1. This chapter shall not apply to:

     (1) Employment of farm labor, domestic servants in a private home, including family chauffeurs, or occasional labor performed for and related to a private household;

     (2) Any worker who is a member of the employer's family within the third degree of affinity or consanguinity but such shall be included in the total number of employees of such employer for purposes of subdivision (3) of subsection 1 of section 287.030;

     (3) Qualified real estate agents and direct sellers as those terms are defined in section 3508 of title 26 United States Code;

     (4) Employment where the person employed is an inmate confined in a state prison, penitentiary or county or municipal jail, or a patient or resident in a state mental health facility, and the labor or services of such inmate, patient, or resident are exclusively on behalf of the state, county or municipality having custody of said inmate, patient, or resident. Nothing in this subdivision is intended to exempt employment where the inmate, patient or resident was hired by a state, county or municipal government agency after direct competition with persons who are not inmates, patients or residents and the compensation for the position of employment is not contingent upon or affected by the worker's status as an inmate, patient or resident;

     (5) Volunteers of a tax-exempt organization which operates under the standards of section 501(c)(3) of the federal Internal Revenue Code, where such volunteers are not paid wages, but provide services purely on a charitable and voluntary basis;

     (6) Persons providing services as adjudicators, sports officials, or contest workers for interscholastic activities programs or similar amateur youth programs who are not otherwise employed by the sponsoring school, association of schools or nonprofit tax-exempt organization sponsoring the amateur youth programs.

     2. Any employer in this section exempted under subsection 1 of this section may bring himself within the provisions of this chapter by filing with the division notice of his election to accept the provisions, or by the purchasing and accepting by the employer of a valid compensation insurance policy, and the election by the purchase and acceptance of the insurance policy shall include the exempted employments described in subsection 1 of this section if such intent is shown by the terms of the policy. The election shall take effect and continue from the date of filing with the division by the employer of his election to accept liability under this chapter, or from the effective date of the insurance policy. Any employer electing to become liable under this chapter may withdraw his election by filing with the division a notice that he desires to withdraw his election, which withdrawal shall take effect thirty days after the date of the filing, or at such later date as may be specified in the notice of withdrawal.

     3. Any insurance company authorized to write insurance under the provisions of this chapter in this state shall file with the division a memorandum on a form prescribed by the division of any workers' compensation policy issued to any employer and of any renewal or cancellation thereof.

     4. The mandatory coverage sections of this chapter shall not apply to the employment of any member of a family owning a family farm corporation as defined in section 350.010, RSMo, or to the employment of any salaried officer of a family farm corporation organized pursuant to the laws of this state, but such family members and officers of such family farm corporations may be covered under a policy of workers' compensation insurance if approved by a resolution of the board of directors. Nothing in this subsection shall be construed to apply to any other type of corporation other than a family farm corporation.

     5. A corporation may be exempt from the provisions of this chapter, when there are no more than two owners of the corporation who are also the only employees of the corporation, by filing with the division notice of election to be exempt. The election shall take effect and continue from the date of filing with the division by the corporation of the notice of exemption from liability under this chapter. Any corporation making such an election may withdraw its election by filing with the division a notice to withdraw the election, which shall take effect thirty days after the date of the filing, or at such later date as may be specified in the notice of withdrawal.]

     287.090. 1. This chapter shall not apply to:

     (1) Employment of farm labor, domestic servants in a private home, including family chauffeurs, or occasional labor performed for and related to a private household;

     (2) Employment where the person employed is an inmate confined in a state prison, penitentiary or county or municipal jail, or a patient or resident in a state mental health facility, and the labor or services of such inmate, patient, or resident are exclusively on behalf of the state, county or municipality having custody of said inmate, patient or resident. Nothing in this subdivision is intended to exempt employment where the inmate, patient or resident was hired by a state, county or municipal government agency after direct competition with persons who are not inmates, patients or residents and the compensation for the position of employment is not contingent upon or affected by the worker's status as an inmate, patient or resident;

     (3) The employment of any member of a family owning a family farm corporation as defined in section 350.010, RSMo, or to the employment of any salaried officer of a family farm corporation organized pursuant to the laws of this state;

     (4) Qualified real estate agents and direct sellers as those terms are defined in Section 3508 of Title 26 United States Code;

     (5) An individual who is the owner or operator of a motor vehicle which is leased or contracted with a driver to a for-hire common or contract motor vehicle carrier operating within a commercial zone as defined in section 390.020 or 390.041, RSMo, or operating under a certificate issued by the division of motor carrier and railroad safety of the department of economic development or by the interstate commerce commission.

     2. Any exempted employer in this section may bring himself within the provisions of this chapter by filing with the division notice of his election to accept the provisions, or by purchasing and accepting a valid compensation insurance policy, which lists such election in a manner and such form as determined by the department of insurance, and shall include the exempted employments described in subsection 1 of this section. The election shall take effect and continue from the date of filing with the division by the employer of his election to accept liability, under this chapter, or from the effective date of the insurance policy to the expiration date of the insurance policy. Any employer electing to become liable under this chapter by filing with the division notice of election may withdraw his election by filing with the division a notice that he desires to withdraw his election, which withdrawal shall take effect thirty days after the date of the filing, or at such later date as may be specified in the notice of withdrawal, or by non-renewing a valid compensation insurance policy.

     287.091. 1. The following employers and classes of employees may be exempted from coverage if the employer so elects:

     (1) Volunteers of a tax-exempt organization which operates under the standards of section 501(c)(3) of the federal Internal Revenue Code, where such volunteers are not paid wages, but provide services purely on a charitable and voluntary basis;

     (2) Any worker who is a member of the employer's family within the third degree of affinity or consanguinity, except this provision applies only to employers who are sole proprietors;

     (3) Persons providing services as adjudicators, sports officials or contest workers for interscholastic activities programs or similar amateur youth programs who are not otherwise employed by the sponsoring school, association of schools or nonprofit tax exempt organization sponsoring the amateur youth programs;

     (4) A corporation where there are no more than two owners of the corporation who are also the only employees of the corporation.

     2. Any employer in subsection 1 of this section who wishes to exempt himself or his employees from the provisions of this chapter may do so by filing with the division notice of such elections on a form determined by the division, or by the purchase and acceptance of a valid compensation insurance policy which lists such exemptions in a manner and such form as determined by the department of insurance, and shall include the exempted employments described in subsection 1 of this section. The exemption shall take effect and continue from the date of filing with the division by the employer of his exemption from liability pursuant to this chapter, or from the effective date of the insurance policy to the expiration date of the insurance policy. Any employer electing to become exempted pursuant to this chapter may withdraw his exemption by filing with the division a notice that he desires to withdraw his exemption, which withdrawal shall take effect thirty days after the date of the filing, or at such later date as may be specific in the notice of withdrawal, or by nonrenewing the valid compensation insurance policy.

     3. Notwithstanding any other provision of law to the contrary, beginning on the effective date of this section, those insurance companies providing coverage pursuant to chapter 287, to a limited liability company, as defined in section 347.015, RSMo, shall provide coverage for the employees of the limited liability company who are not members of the limited liability company. Members of the limited liability company, as defined in section 347.015, RSMo, shall also be provided coverage pursuant to chapter 287, but such members may individually elect to reject such coverage by providing a written notice of such rejection on a form developed by the department of insurance to the limited liability company and its insurer. Failure to provide notice to the limited liability company shall not be grounds for any member to claim that the rejection of such coverage is not legally effective. A member who elects to reject such coverage shall not thereafter be entitled to workers' compensation benefits under the policy, even if serving or working in the capacity of an employee of the limited liability company, at least until such time as said member provides the limited liability company and its insurer with a written notice which rescinds the prior rejection of such coverage. The written notice which rescinds the prior rejection of such coverage shall be on a form developed by the department of insurance. Any rescission shall be prospective in nature and shall entitle the member only to such benefits which accrue on or after the date the notice of rescission form is received by the insurance company.

     287.220. 1. All cases of permanent disability where there has been previous disability shall be compensated as herein provided. Compensation shall be computed on the basis of the average earnings at the time of the last injury. If any employee who has a preexisting permanent partial disability whether from compensable injury or otherwise, of such seriousness as to constitute a hindrance or obstacle to employment or to obtaining reemployment if the employee becomes unemployed, and the preexisting permanent partial disability, if a body as a whole injury, equals a minimum of fifty weeks of compensation or, if a major extremity injury only, equals a minimum of fifteen percent permanent partial disability, according to the medical standards that are used in determining such compensation, receives a subsequent compensable injury resulting in additional permanent partial disability so that the degree or percentage of disability, in an amount equal to a minimum of fifty weeks compensation, if a body as a whole injury or, if a major extremity injury only, equals a minimum of fifteen percent permanent partial disability, caused by the combined disabilities is substantially greater than that which would have resulted from the last injury, considered alone and of itself, and if the employee is entitled to receive compensation on the basis of the combined disabilities, the employer at the time of the last injury shall be liable only for the degree or percentage of disability which would have resulted from the last injury had there been no preexisting disability. After the compensation liability of the employer for the last injury, considered alone, has been determined by an administrative law judge or the commission, the degree or percentage of employee's disability that is attributable to all injuries or conditions existing at the time the last injury was sustained shall then be determined by that administrative law judge or by the commission and the degree or percentage of disability which existed prior to the last injury plus the disability resulting from the last injury, if any, considered alone, shall be deducted from the combined disability, and compensation for the balance, if any, shall be paid out of a special fund known as the second injury fund, hereinafter provided for. If the previous disability or disabilities, whether from compensable injury or otherwise, and the last injury together result in total and permanent disability, the minimum standards under this subsection for a body as a whole injury or a major extremity injury shall not apply and the employer at the time of the last injury shall be liable only for the disability resulting from the last injury considered alone and of itself; except that if the compensation for which the employer at the time of the last injury is liable is less than the compensation provided in this chapter for permanent total disability, then in addition to the compensation for which the employer is liable and after the completion of payment of the compensation by the employer, the employee shall be paid the remainder of the compensation that would be due for permanent total disability under section 287.200 out of a special fund known as the "Second Injury Fund" hereby created exclusively for the purposes as in this section provided and for special weekly benefits in rehabilitation cases as provided in section 287.141. Maintenance of the second injury fund shall be as provided by section 287.710. The state treasurer shall be the custodian of the second injury fund which shall be deposited the same as are state funds and any interest accruing thereon shall be added thereto. The fund shall be subject to audit the same as state funds and accounts and shall be protected by the general bond given by the state treasurer. Upon the requisition of the director of the division of workers' compensation, warrants on the state treasurer for the payment of all amounts payable for compensation and benefits out of the second injury fund shall be issued.

     2. In all cases in which a recovery against the second injury fund is sought for permanent partial disability, permanent total disability, or death, the state treasurer as custodian thereof shall be named as a party, and shall be entitled to defend against the claim. The state treasurer, with the advice and consent of the attorney general of Missouri, may enter into compromise settlements as contemplated by section 287.390, or agreed statements of fact that would affect the second injury fund. All awards for permanent partial disability, permanent total disability, or death affecting the second injury fund shall be subject to the provisions of this chapter governing review and appeal. For all claims filed against the second injury fund on or after July 1, 1994, the attorney general shall use assistant attorneys general except in circumstances where an actual or potential conflict of interest exists, to provide legal services as may be required in all claims made for recovery against the fund. Any legal expenses incurred by the attorney general's office in the handling of such claims, including, but not limited to, medical examination fees, expert witness fees, court reporter expenses, travel costs, and related legal expenses shall be paid by the fund. Effective July 1, 1993, the payment of such legal expenses shall be contingent upon annual appropriations made by the general assembly, from the fund, to the attorney general's office for this specific purpose.

     3. If more than one injury in the same employment causes concurrent temporary disabilities, compensation shall be payable only for the longest and largest paying disability.

     4. If more than one injury in the same employment causes concurrent and consecutive permanent partial disability, compensation payments for each subsequent disability shall not begin until the end of the compensation period of the prior disability.

     5. If an employer fails to insure or self-insure as required in section 287.280, funds from the second injury fund may be withdrawn to cover the fair, reasonable, and necessary expenses to cure and relieve the effects of the injury or disability of an injured employee in the employ of an uninsured employer, or in the case of death of an employee in the employ of an uninsured employer, funds from the second injury fund may be withdrawn to cover fair, reasonable, and necessary expenses in the manner required in sections 287.240 and 287.241. In defense of claims arising under this subsection, the treasurer of the state of Missouri, as custodian of the second injury fund, shall have the same defenses to such claims as would the uninsured employer. Any funds received by the employee or the employee's dependents, through civil or other action, must go towards reimbursement of the second injury fund, for all payments made to the employee, the employee's dependents, or paid on the employee's behalf, from the second injury fund pursuant to this subsection. The office of the attorney general of the state of Missouri shall bring suit in the circuit court of the county in which the accident occurred against any employer not covered by this chapter as required in section 287.280.

     6. Every three years the second injury fund shall have an actuarial study made to determine the solvency of the fund, appropriate funding level of the fund, and forecasted expenditures from the fund. The first actuarial study shall be completed prior to July 1, 1988. The expenses of such actuarial studies shall be paid out of the fund for the support of the division of workers' compensation.

     7. The director of the division of workers' compensation shall maintain the financial data and records concerning the fund for the support of the division of workers' compensation and the second injury fund. The division shall also compile and report data on claims made pursuant to subsection 9 of this section. The attorney general shall provide all necessary information to the division for this purpose.

     8. All claims for fees and expenses filed against the second injury fund and all records pertaining thereto shall be open to the public.

     [9. Any employee who at the time a compensable work-related injury is sustained is employed by more than one employer, the employer for whom the employee was working when the injury was sustained shall be responsible for wage loss benefits applicable only to the earnings in that employer's employment and the injured employee shall be entitled to file a claim against the second injury fund for any additional wage loss benefits attributed to loss of earnings from the employment or employments where the injury did not occur, up to the maximum weekly benefit less those benefits paid by the employer in whose employment the employee sustained the injury. The employee shall be entitled to a total benefit based on the total average weekly wage of such employee computed according to subsection 8 of section 287.250. The employee shall not be entitled to a greater rate of compensation than allowed by law on the date of the injury. The employer for whom the employee was working where the injury was sustained shall be responsible for all medical costs incurred in regard to that injury. The provisions of this subsection shall expire on August 28, 1996.]

     9. Any employee who at the time a compensable work-related injury is sustained is employed by more than one employer, the employer for whom the employee was working when the injury was sustained shall be responsible for wage loss benefits applicable only to the earnings in that employer's employment and the injured employee shall be entitled to file a claim against the second injury fund for any additional wage loss benefits attributed to loss of earnings from the employment or employments where the injury did not occur, up to the maximum weekly benefit less those benefits paid by the employer in whose employment the employee sustained the injury. The employee shall be entitled to a total benefit based on the total average weekly wage of such employee computed according to subsection 8 of section 287.250. The employee shall not be entitled to a greater rate of compensation than allowed by law on the date of the injury. The employer for whom the employee was working where the injury was sustained shall be responsible for all medical costs incurred in regard to that injury.

     [287.337. Rates and rating systems used by any insurer with regard to employers within the construction group of code classifications for work performed within this state shall, where applicable, be based upon the principles that an employer with a credible Missouri intrastate modification rate shall be required to apply only that intrastate modification rate on Missouri payroll exposure. Such employers without a credible Missouri intrastate modification rate shall be subjected to the higher of one point zero or their credible interstate modification rate on Missouri payroll exposure.]

     287.380. 1. [Except as provided in subsection 2 of this section,] Every employer or his insurer in this state, whether he has accepted or rejected the provisions of this chapter, shall within ten days after knowledge of an accident resulting in personal injury to any employee notify the division thereof, and shall, within one month from the date of filing of the original notification of injury, file with the division under such rules and regulations and in such form and detail as the division may require, a full and complete report of every injury or death to any employee for which the employer would be liable to furnish medical aid, other than immediate first aid which does not result in further medical treatment or lost time from work, or compensation hereunder had he accepted this chapter, and every employer or insurer shall also furnish the division with such supplemental reports in regard thereto as the division shall require. All reports submitted under this subsection shall include the name, address, date of birth and wages of the deceased or injured employee, the time and cause of the accident, the nature and extent of the injury, the name and address of the employee's and the employer's or insurer's attorney of record, if any, the medical cost incurred in treating the injured employee, the amount of lost work time of the employee as a result of the injury and such other information as the director may reasonably require in order to maintain in the division, accurate and complete data on the impact of work-related injuries on the workers' compensation system. The division shall collect and maintain such data in such a form as to be readily retrieved and available for analysis by the division. Employers shall report all injuries to their insurance carrier, or third-party administrators, if applicable, within five days of the date of the injury or within five days of the date on which the injury was reported to the employer by the employee, whichever is later. Where an employer reports injuries covered pursuant to this chapter to his insurer or third-party administrator, the insurer or third-party administrator shall be responsible for filing the report prescribed in this section.

     2. [The division shall provide by rule that for accidents involving less than five hundred dollars in total medical costs and no lost time from the employment, upon receipt of the notice required by section 287.420, the employer shall deliver a notice to the employee, on a form provided by the division, of the employee's rights under this chapter, giving the date and location of the accident, and the employer shall retain a copy of such notice signed by the employee. The employer shall forward a signed copy to the division accompanied by the report of injury.

     3.] Every employer and his insurer, and every injured employee, his dependents and every person entitled to any rights hereunder, and every other person receiving from the division or the commission any blank reports with direction to fill out the same shall cause the same to be promptly returned to the division or the commission properly filled out and signed so as to answer fully and correctly to the best of his knowledge each question propounded therein, and a good and sufficient reason shall be given for failure to answer any question.

     [4.] 3. No information obtained under the provisions of this section shall be disclosed to persons other than the parties to compensation proceedings and their attorneys, except by order of the division or the commission, or at a hearing of compensation proceeding, but such information may be used by the division or the commission for statistical purposes.

     [5.] 4. Any person, including any employer, insurer or any employee, who violates any of the provisions of this section, including any employer or insurer who knowingly fails to report any accident under the provisions of subsection 1 of this section, or anyone who knowingly makes a false report or statement in writing to the division or the commission, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for not less than one week nor more than one year, or by both the fine and imprisonment."; and

     Further amend said bill, Page 12, Section 288.050, Line 78, by inserting immediately after all of said line the following:

     "Section B. The repeal and reenactment of sections 287.020, 287.030, 287.037 and 287.090 and the enactment of section 287.091 shall be effective on January 1, 1998, and shall apply to policies renewed or issued on and after that date."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Quick offered SA 2:

SENATE AMENDMENT NO. 2

     Amend House Substitute for House Committee Subtitute for House Bill No. 472, Page 1, Section A, Line 3, by inserting immediately after said line the following:

     "288.034. 1. "Employment" means service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied, and notwithstanding any other provisions of this section, service with respect to which a tax is required to be paid under any federal unemployment tax law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund or which, as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required to be covered under this law.

     2. The term "employment" shall include an individual's entire service, performed within or both within and without this state if:

     (1) The service is localized in this state; or

     (2) The service is not localized in any state but some of the service is performed in this state and the base of operations, or, if there is no base of operations, then the place from which such service is directed or controlled, is in this state; or the base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed but the individual's residence is in this state.

     3. Service performed by an individual for wages shall be deemed to be employment subject to this law:

     (1) If covered by an election filed and approved pursuant to subdivision (2) of subsection 3 of section 288.080;

     (2) If covered by an arrangement pursuant to section 288.340 between the division and the agency charged with the administration of any other state or federal unemployment insurance law, pursuant to which all services performed by an individual for an employing unit are deemed to be performed entirely within this state.

     4. Service shall be deemed to be localized within a state if the service is performed entirely within such state; or the service is performed both within and without such state, but the service performed without such state is incidental to the individual's service within the state; for example, is temporary or transitory in nature or consists of isolated transactions.

     5. Service performed by an individual for remuneration shall be deemed to be employment subject to this law unless it is shown to the satisfaction of the division that such services were performed by an independent contractor. In determining the existence of the independent contractor relationship, the common law of agency right to control shall be applied. The common law of agency right to control test shall include but not be limited to: If the alleged employer retains the right to control the manner and means by which the results are to be accomplished, the individual who performs the service is an employee. If only the results are controlled, the individual performing the service is an independent contractor.

     6. The term "employment" shall include service performed for wages as an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages (other than milk), or laundry or dry-cleaning services, for his principal; or as a traveling or city salesman, other than as an agent-driver or commission-driver, engaged upon a full-time basis in the solicitation on behalf of, and the transmission to, his principal (except for sideline sales activities on behalf of some other person) of orders from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments for merchandise for resale or supplies for use in their business operations, provided:

     (1) The contract of service contemplates that substantially all of the services are to be performed personally by such individual; and

     (2) The individual does not have a substantial investment in facilities used in connection with the performance of the services (other than in facilities for transportation); and

     (3) The services are not in the nature of a single transaction that is not part of a continuing relationship with the person for whom the services are performed.

     7. Service performed by an individual in the employ of this state or any political subdivision thereof or any instrumentality of any one or more of the foregoing which is wholly owned by this state and one or more other states or political subdivisions, or any service performed in the employ of any instrumentality of this state or of any political subdivision thereof, and one or more other states or political subdivisions, provided that such service is excluded from "employment" as defined in the Federal Unemployment Tax Act by section 3306(c)(7) of that act and is not excluded from "employment" under subsection 9 of this section, shall be "employment" subject to this law.

     8. Service performed by an individual in the employ of a corporation or any community chest, fund, or foundation organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, or other organization described in section 501(c)(3) of the Internal Revenue Code which is exempt from income tax under section 501(a) of that code if the organization had four or more individuals in employment for some portion of a day in each of twenty different weeks whether or not such weeks were consecutive within a calendar year regardless of whether they were employed at the same moment of time shall be "employment" subject to this law.

     9. For the purposes of subsections 7 and 8 of this section, the term "employment" does not apply to service performed:

     (1) In the employ of a church or convention or association of churches, or an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches; or

     (2) By a duly ordained, commissioned, or licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by such order; or

     (3) In the employ of a governmental entity referred to in subdivision (3) of subsection 1 of section 288.032 if such service is performed by an individual in the exercise of duties:

     (a) As an elected official;

     (b) As a member of a legislative body, or a member of the judiciary, of a state or political subdivision;

     (c) As a member of the state national guard or air national guard;

     (d) As an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood or similar emergency;

     (e) In a position which, under or pursuant to the laws of this state, is designated as (i) a major nontenured policymaking or advisory position, or (ii) a policymaking or advisory position the performance of the duties of which ordinarily does not require more than eight hours per week; or

     (4) In a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market, by an individual receiving such rehabilitation or remunerative work; or

     (5) As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof, by an individual receiving such work relief or work training; or

     (6) By an inmate of a custodial or penal institution; or

     (7) In the employ of a school, college, or university, if such service is performed (i) by a student who is enrolled and is regularly attending classes at such school, college, or university, or (ii) by the spouse of such a student, if such spouse is advised, at the time such spouse commences to perform such service, that (I) the employment of such spouse to perform such service is provided under a program to provide financial assistance to such student by such school, college, or university, and (II) such employment will not be covered by any program of unemployment insurance.

     10. The term "employment" shall include the service of an individual who is a citizen of the United States, performed outside the United States (except in Canada), if:

     (1) The employer's principal place of business in the United States is located in this state; or

     (2) The employer has no place of business in the United States, but:

     (a) The employer is an individual who is a resident of this state; or

     (b) The employer is a corporation which is organized under the laws of this state; or

     (c) The employer is a partnership or a trust and the number of the partners or trustees who are residents of this state is greater than the number who are residents of any one other state; or

     (3) None of the criteria of subdivisions (1) and (2) of this subsection is met but the employer has elected coverage in this state or, the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on such service, under the law of this state;

     (4) As used in this subsection and in subsection 11 of this section, the term "United States" includes the states, the District of Columbia and the Commonwealth of Puerto Rico.

     11. An "American employer", for the purposes of subsection 10 of this section, means a person who is:

     (1) An individual who is a resident of the United States; or

     (2) A partnership, if two-thirds or more of the partners are residents of the United States; or

     (3) A trust, if all of the trustees are residents of the United States; or

     (4) A corporation organized under the laws of the United States or of any state.

     12. The term "employment" shall not include:

     (1) Service performed by an individual in agricultural labor;

     (a) For the purposes of this subdivision, the term "agricultural labor" means remunerated service performed:

     a. On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and furbearing animals and wildlife;

     b. In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm;

     c. In connection with the production or harvesting of any commodity defined as an agricultural commodity in section 15(g) of the Federal Agricultural Marketing Act, as amended (46 Stat. 1550, Sec. 3; 12 USC 1441j), or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes;

     d. i. In the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity; but only if such operator produced more than one-half of the commodity with respect to which such service is performed;

     ii. In the employ of a group of operators of farms (or a cooperative organization of which such operators are members) in the performance of services described in item i of this subparagraph, but only if such operators produced more than one-half of the commodity with respect to which such service is performed;

     iii. The provisions of items i and ii of this subparagraph shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption; or

     e. On a farm operated for profit if such service is not in the course of the employer's trade or business. As used in this paragraph, the term "farm" includes stock, dairy, poultry, fruit, furbearing animals, and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures, used primarily for the raising of agricultural or horticultural commodities, and orchards;

     (b) The term "employment" shall include service performed after December 31, 1977, by an individual in agricultural labor as defined in paragraph (a) of this subdivision when such service is performed for a person who, during any calendar quarter, paid remuneration in cash of twenty thousand dollars or more to individuals employed in agricultural labor or for some portion of a day in a calendar year in each of twenty different calendar weeks, whether or not such weeks were consecutive, employed in agricultural labor ten or more individuals, regardless of whether they were employed at the same moment of time;

     (c) For the purposes of this subsection any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person shall be considered as employed by such crew leader:

     a. If such crew leader holds a valid certificate of registration under the Farm Labor Contractor Registration Act of 1963; or substantially all the members of such crew operate or maintain tractors, mechanized harvesting or cropdusting equipment, or any other mechanized equipment, which is provided by such crew leader; and

     b. If such individual is not in employment by such other person;

     c. If any individual is furnished by a crew leader to perform service in agricultural labor for any other person and that individual is not in the employment of the crew leader:

     i. Such other person and not the crew leader shall be treated as the employer of such individual; and

     ii. Such other person shall be treated as having paid cash remuneration to such individual in an amount equal to the amount of cash remuneration paid to such individual by the crew leader (either on his own behalf or on behalf of such other person) for the service in agricultural labor performed for such other person;

     d. For the purposes of this subsection, the term "crew leader" means an individual who:

     i. Furnishes individuals to perform service in agricultural labor for any other person;

     ii. Pays (either on his own behalf or on behalf of such other person) the individuals so furnished by him for the service in agricultural labor performed by them; and

     iii. Has not entered into a written agreement with such other person under which such individual is designated as in employment by such other person;

     (2) Domestic service in a private home except as provided in subsection 13 of this section;

     (3) Service performed by an individual [under the age of eighteen years] in the delivery or distribution of newspapers or shopping news, [not] including delivery or distribution to any point for subsequent delivery or distribution;

     (4) Service performed by an individual in the employ of his son, daughter, or spouse, and service performed by a child under the age of twenty-one in the employ of his father or mother;

     (5) Except as otherwise provided in this law, service performed in the employ of a corporation, community chest, fund or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual;

     (6) Services with respect to which unemployment insurance is payable under an unemployment insurance system established by an act of Congress;

     (7) Service performed in the employ of a foreign government;

     (8) Service performed in the employ of an instrumentality wholly owned by a foreign government:

     (a) If the service is of a character similar to that performed in foreign countries by employees of the United States government or of an instrumentality thereof; and

     (b) If the division finds that the foreign government, with respect to whose instrumentality exemption is claimed, grants an equivalent exemption with respect to similar service performed in the foreign country by employees of the United States government and of instrumentalities thereof. The certification of the United States Secretary of State to the United States Secretary of Treasury shall constitute prima facie evidence of such equivalent exemption;

     (9) Service covered by an arrangement between the division and the agency charged with the administration of any other state or federal unemployment insurance law pursuant to which all services performed by an individual for an employing unit during the period covered by the employing unit's approved election are deemed to be performed entirely within the jurisdiction of such other state or federal agency;

     (10) Service performed in any calendar quarter in the employ of a school, college or university not otherwise excluded, if such service is performed by a student who is enrolled and regularly attending classes at such school, college, or university, and the remuneration for such service does not exceed fifty dollars (exclusive of board, room, and tuition);

     (11) Service performed by an individual for a person as a licensed insurance agent, a licensed insurance broker, or an insurance solicitor, if all such service performed by such individual for such person is performed for remuneration solely by way of commissions;

     (12) Domestic service performed in the employ of a local college club or of a local chapter of a college fraternity or sorority, except as provided in subsection 13 of this section;

     (13) Services performed after March 31, 1982, in programs authorized and funded by the Comprehensive Employment and Training Act by participants of such programs, except those programs with respect to which unemployment insurance coverage is required by the Comprehensive Employment and Training Act or regulations issued pursuant thereto;

     (14) Service performed by an individual who is enrolled at a nonprofit or public educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on, as a student in a full-time program, taken for credit at such institution, which combines academic instruction with work experience, if such service is an integral part of such program, and such institution has so certified to the employer; except, that this subdivision shall not apply to service performed in a program established for or on behalf of an employer or group of employers;

     (15) Services performed by a licensed real estate salesperson or licensed real estate broker if at least eighty percent of the remuneration, whether or not paid in cash, for the services performed rather than to the number of hours worked is directly related to sales performed pursuant to a written contract between such individual and the person for whom the services are performed and such contract provides that the individual will not be treated as an employee with respect to such services for federal tax purposes;

     (16) Services performed as a direct seller who is engaged in the trade or business of the delivering or distribution of newspapers or shopping news, including any services directly related to such trade or business, or services performed as a direct seller who is engaged in the trade or business of selling, or soliciting the sale of, consumer products in the home or otherwise than in, or affiliated with, a permanent, fixed retail establishment, if eighty percent or more of the remuneration, whether or not paid in cash, for the services performed rather than the number of hours worked is directly related to sales performed pursuant to a written contract between such direct seller and the person for whom the services are performed, and such contract provides that the individual will not be treated as an employee with respect to such services for federal tax purposes;

     (17) Services performed as a volunteer research subject who is paid on a per study basis for scientific, medical or drug related testing for any organization other than one described in section 501(c)(3) of the Internal Revenue Code or any governmental entity.

     13. The term "employment" shall include domestic service as defined in subdivisions (2) and (12) of subsection 12 of this section performed after December 31, 1977, if the employing unit for which such service is performed paid cash wages of one thousand dollars or more for such services in any calendar quarter after December 31, 1977.

     14. The term "employment" shall include or exclude the entire service of an individual for an employing unit during a pay period in which his services are not all excluded under the foregoing provisions, on the following basis: If the services performed during one-half or more of any pay period constitute employment as otherwise defined in this law, all the services performed during such period shall be deemed to be employment; but if the services performed during more than one-half of any such pay period do not constitute employment as otherwise defined in this law, then none of the services for such period shall be deemed to be employment. (As used in this subsection, the term "pay period" means a period of not more than thirty-one consecutive days for which a payment of remuneration is ordinarily made to the individual by the employing unit employing him.) This subsection shall not be applicable with respect to service performed in a pay period where any such service is excluded under subdivision (7) of subsection 12 of this section.

     15. The term "employment" shall not include the services of a full-time student who performed such services in the employ of an organized summer camp for less than thirteen calendar weeks in such calendar year.

     16. For the purpose of subsection 15 of this section, an individual shall be treated as a full-time student for any period:

     (1) During which the individual is enrolled as a full-time student at an educational institution; or

     (2) Which is between academic years or terms if:

     (a) The individual was enrolled as a full-time student at an educational institution for the immediately preceding academic year or term; and

     (b) There is a reasonable assurance that the individual will be so enrolled for the immediately succeeding academic year or term after the period described in paragraph (a) of this subdivision.

     17. For the purpose of subsection 15 of this section, an organized summer camp shall mean a summer camp which:

     (1) Did not operate for more than seven months in the calendar year and did not operate for more than seven months in the preceding calendar year; or

     (2) Had average gross receipts for any six months in the preceding calendar year which were not more than thirty-three and one-third percent of its average gross receipts for the other six months in the preceding calendar year.

     18. The term "employment" shall not mean service performed by a remodeling salesperson acting as an independent contractor; however, if the federal Internal Revenue Service determines that a contractual relationship between a direct provider and an individual acting as an independent contractor under the provisions of this subsection is in fact an employer-employee relationship for the purposes of federal law, then that relationship shall be considered as an employer-employee relationship for the purposes of this chapter."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Klarich offered SA 3:

SENATE AMENDMENT NO. 3

     Amend House Substitute for House Committee Substitute for House Bill No. 472, Page 1, Section A, Line 3, by inserting immediately after said section the following:

     "285.230. 1. As used in this section, "transient employer" means an employer as defined in sections 143.191, RSMo, 287.030, RSMo, and 288.032, RSMo, making payment of wages taxable under chapters 143, RSMo, 287, RSMo, and 288, RSMo, who is not domiciled in this state and who temporarily transacts any business within the state, but shall not include any employer who is not subject to Missouri income tax because of the provisions of 15 U.S.C. 381. The transaction of business shall be considered temporary at any time it cannot be reasonably expected to continue for a period of twenty-four consecutive months. Professional athletic teams and professional entertainers domiciled in a state other than Missouri shall be deemed a "transient employer" for the purposes of this section.

     2. Employers meeting the following criteria shall not be required to file a financial assurance instrument as required by this section:

     (1) The principal place of business of the employer must be in a county of another state which is contiguous to the state of Missouri; and

     (2) The employer must have been under contract to perform work in Missouri for at least sixty days cumulatively out of twelve months during each of the two calendar years immediately preceding the employer's initial application for exemption from the provisions of this section; and

     (3) The employer must have in his possession a tax clearance from the department of revenue and the division of employment security stating that the employer has faithfully complied with the tax laws of this state during the period set out in subdivision (2) of this subsection. Within ninety days of August 13, 1988, such employers must obtain initial tax clearances in accordance with subdivision (3) of this subsection. Any tax clearance issued under the provisions of this section by the division of employment security shall be submitted to the department of revenue. On or before January thirty-first of each year, except January thirty-first following the year during which the employer first meets these criteria, the employer shall submit application to the department of revenue and division of employment security for a renewed tax clearance. Failure to submit such renewal applications or failure to comply with applicable Missouri taxing and employment security laws during the period between annual renewal dates or removal of the employer's principal place of business from a county in another state which is contiguous to Missouri to a state other than Missouri shall immediately subject the employer to all provisions of this section. An employer meeting the requirements of this subsection shall still be subject to the provisions of subsection 5 of this section.

     3. Every transient employer shall file with the director of revenue a financial assurance instrument including, but not limited to, a cash bond, a surety bond, or an irrevocable letter of credit as defined in section 400.5-103, RSMo, issued by any state or federal financial institution. The financial assurance instrument shall be in an amount not less than the average estimated quarterly withholding tax liability of the applicant, but in no case less than five thousand dollars nor more than twenty-five thousand dollars. Any corporate surety shall be licensed to do such business in this state and approved by the director of revenue to act as a surety. The transient employer shall be the principal obligor and the state of Missouri shall be the obligee. The financial assurance instrument shall be conditioned upon the prompt filing of true reports and the payment by such employer to the director of revenue of any and all withholding taxes which are now or which hereafter may be levied or imposed by the state of Missouri, upon the employer, together with any and all penalties and interest thereon, and generally upon the faithful compliance with the provisions of chapters 143, RSMo, 287, RSMo, and 288, RSMo.

     4. Any transient employer who is already otherwise required to file a financial assurance instrument as a condition of any contract, provided said financial assurance instrument guarantees payment of all applicable state taxes and all withholding taxes levied or imposed by the state and provided that such financial assurance instrument is delivered by certified mail to the department of revenue by the applicable awarding entity at least fourteen days before the execution of the contract for the performance of work, may use the same financial assurance instrument to comply with the provisions of this section. Before such financial assurance instrument is approved by the awarding entity, the director of revenue shall be satisfied that such financial assurance instrument is sufficient to cover all taxes imposed by this state and the director shall so notify the awarding entity of the decision within the fourteen days prior to the execution of the contract. Failure to do so by the director shall waive any right to disapprove such financial assurance instrument. Before a financial assurance instrument is released by the entity awarding the contract, a tax clearance shall be obtained from the director of revenue that such transient employer has faithfully complied with all the tax laws of this state.

     5. Every transient employer shall certify to the director of revenue that such employer has sufficient workers' compensation insurance either through a [self-insured plan or through a private company (carrier). Such insurance shall be approved by the division of workers' compensation of the department of labor and industrial relations of the state. A financial assurance instrument including, but not limited to, a cash bond, a surety bond, or an irrevocable letter of credit as defined in section 400.5-103, RSMo, shall be required of every transient employer who in the opinion of the division of workers' compensation does not have sufficient workers' compensation coverage. Such financial assurance instrument shall be in an amount not less than one hundred thousand dollars nor more than five hundred thousand dollars.] self-insurance program or a policy of workers' compensation insurance issued by an approved workers' compensation carrier. The self-insurance program shall be approved by the division of workers' compensation pursuant to section 287.280, RSMo. The insurance policy shall be in a contract form approved by the department of insurance.

      6. In the event that liability upon the financial assurance instrument thus filed by the transient employer shall be discharged or reduced, whether by judgment rendered, payment made or otherwise, or if in the opinion of the director of revenue any surety on a bond theretofore given or financial institution shall have become unsatisfactory or unacceptable, then the director of revenue may require the employer to file a new financial assurance instrument in the same form and amount. If such new financial assurance instrument shall be furnished by such employer as above provided, the director of revenue shall upon satisfaction of any liability that has accrued, release the surety on the old bond or financial institution issuing the irrevocable letter of credit.

     7. Any surety on any bond or financial institution issuing an irrevocable letter of credit furnished by any transient employer as provided in this section shall be released and discharged from any and all liability to the state of Missouri accruing on such bond or irrevocable letter of credit after the expiration of sixty days from the date upon which such surety or financial institution shall have lodged with the director of revenue a written request to be released and discharged; but the request shall not operate to relieve, release or discharge such surety or financial institution from any liability already accrued or which shall accrue during and before the expiration of said sixty-day period. The director of revenue shall promptly on receipt of notice of such request notify the employer who furnished such bond or irrevocable letter of credit and such employer shall on or before the expiration of such sixty-day period file with the director of revenue a new financial assurance instrument satisfactory to the director of revenue in the amount and form provided in this section.

     8. Notwithstanding the limitation as to the amount of any financial assurance instrument fixed by this section, if a transient employer becomes delinquent in the payment of any tax or tenders a check in payment of tax which check is returned unpaid because of insufficient funds, the director may demand an additional instrument of such employer in an amount necessary, in the judgment of the director, to protect the revenue of the state. The penal sum of the additional instrument and the instrument furnished under the provisions of the law requiring such instrument may not exceed two quarters estimated tax liability.

     9. For any period when a transient employer fails to meet the requirements of this section, there shall be added to any deficiency assessed against a transient employer, in addition to any other addition, interest, and penalties, an amount equal to twenty-five percent of the deficiency.

     10. A taxpayer commits the crime of failure to file a financial assurance instrument if he knowingly fails to comply with the provisions of this section.

     11. Failure to file a financial assurance instrument is a class A misdemeanor. Pursuant to section 560.021, RSMo, a corporation found guilty of failing to file a financial assurance instrument may be fined up to five thousand dollars or any higher amount not exceeding twice the amount the employer profited from the commission of the offense.

     12. Failing to register with the department of revenue and execute the financial assurance instrument herein provided, prior to beginning the performance of any contract, shall prohibit the employer from performing on such contract until he complies with such requirements.

     13. Each employer shall keep full and accurate records clearly indicating the names, occupations, and crafts, if applicable, of every person employed by him together with an accurate record of the number of hours worked by each employee and the actual wages paid. The payroll records required to be so kept shall be open to inspection by any authorized representative of the department of revenue at any reasonable time and as often as may be necessary and such records shall not be destroyed or removed from the state for a period of one year following the completion of the contract in connection with which the records are made.

     14. The entering into of any contract for the performance of work in the state of Missouri by any such employer shall be deemed to constitute an appointment of the secretary of state as registered agent of such employer for purposes of accepting service of any process, or of any notice or demand required or permitted by law. The service of any such process, notice or demand, when served on the secretary of state shall have the same legal force and validity as if served upon the employer personally within the state.

     15. In addition, any employer who fails to file a financial assurance instrument as required by this section shall be prohibited from contracting for or performing labor on any public works project in this state for a period of one year.

     16. Whenever a transient employer ceases to engage in activity within the state it shall be the duty of such transient employer to notify the director of revenue in writing at least ten days prior to the time the discontinuance takes effect.

     285.232. 1. Subject to the provisions of section 285.230, any county, city, town, village or any other political subdivision which requires a building permit for a person to perform certain construction projects shall require a transient employer to show proof that the employer has been issued a tax clearance and has filed a financial assurance instrument as required by section 285.230 before such entity issues a building permit to the transient employer. If any transient employer obtains a building permit without providing such proof, provides a fraudulently obtained tax clearance or a fraudulent financial assurance instrument or through any misrepresentation or any other fraudulent act or in any way violates the provisions of sections 285.230 to 285.234, the Missouri department of revenue shall request a temporary restraining order or seek injunctive relief to immediately prohibit further performance of work by the transient employer on such contract or project. The court may direct that any payments due such transient employer be equitably distributed in satisfaction of the transient employer's obligations pursuant to sections 285.230 to 285.234. Upon issuance of such order by a court of competent jurisdiction, the person for whom the work is being performed may engage another contractor as provided by law or any provision of contract and the person shall not be deemed to be in violation of the contract with such transient employer removed by the court. Nothing in this section shall be construed to create or constitute a liability to or a cause of action against a city or county in regard to the issuance of any license pursuant to this section.

     2. Any contractor for private or public construction work in this state which contracts with or otherwise engages a subcontractor, which is deemed a transient employer as defined in section 285.230, to perform any portion of such work, shall require such subcontractor to show proof of having filed a financial assurance instrument with the director of revenue as required by section 285.230 and to show proof that the subcontractor holds a current valid certificate of insurance for workers' compensation coverage in this state, prior to the subcontractor performing any work on the project. If the subcontractor is self-insured for purposes of workers' compensation, the contractor shall require proof that such self-insurance by the subcontractor has been approved by the division of workers' compensation. The contractor shall not allow the subcontractor to perform on such contract until proof of compliance as required by this section has been provided to the contractor. If a subcontractor which is deemed to be a transient employer has previously submitted proof of compliance as required by this section to a state agency or political subdivision for which the contract is being performed as a condition of being qualified to perform work for such agency or political subdivision, the general contractor shall not be required to obtain the proofs required by this section. If at any time prior to final payment to a subcontractor for work performed on a project, a contractor is notified in writing by the director of revenue or the director of the division of workers' compensation that a subcontractor is in violation of sections 285.230 to 285.234, the contractor shall withhold all or part of any payment to the subcontractor under the contract for payment in satisfaction of the subcontractor's obligations as a transient employer if so directed by the director of revenue or the director of the division of workers' compensation. Any contractor withholding payment and paying such funds in satisfaction of the subcontractor's obligations as a transient employer if so directed by the director of revenue or the director of the division of workers' compensation. Any contractor withholding payment and paying such funds in satisfaction of the subcontractor's obligations as a transient employer shall be deemed in compliance with the contract with the subcontractor to the extent of the amount paid to fulfill such obligation and with the laws of this state regarding timely payment under construction contracts and shall not be subject to any civil or criminal penalty for withholding such payment.

     3. Notwithstanding the provision of section 32.057, RSMo, the Missouri department of revenue shall at least quarterly submit for publication in the Missouri Register a list of construction contractors performing work on construction projects in Missouri who are known by the department to be deemed transient employers pursuant to section 285.230. The department shall also update such list monthly and make such list available upon request without cost to any person.

     285.234. 1. Every transient employer, as defined in section 285.230 shall post in a prominent and easily accessible place at the worksite a clearly legible copy of the following:

     (1) The notice of registration for employer withholding issued to such transient employer by the director of revenue;

     (2) [The notice of registration for workers' compensation issued to such transient employer] Proof of coverage for workers' compensation insurance or self-insurance signed by the transient employer and verified by the department of revenue through the records of by the division of workers' compensation; and

     (3) The notice of registration for unemployment insurance issued to such transient employer by the division of employment security.

     2. Any transient employer failing to comply with the provisions of this section shall be liable for a penalty of five hundred dollars per day until the notices required by this section are posted as provided by this section."; and

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

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

     On motion of Senator Klarich, HS for HCS for HB 472, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
BanksClayCurlsMcKenna--4
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     Senator Staples moved that HB 207, with SCS, SS for SCS, SA 2 and the point of order pending (pending), be called from the Informal Calendar, and again taken up for 3rd reading and final passage, which motion prevailed.

     At the request of Senator Staples, the point of order was withdrawn.

     At the request of Senator Goode, SA 2 was divided; Part 1 to deal with Section 303.043 on pages 8 and 9 and Part 2 to be the remainder of the amendment.

     President Wilson assumed the Chair.

     Senator Johnson resumed the Chair.

     Part 1 of SA 2 was taken up.

     Senator Goode moved that Part 1 of SA 2 be adopted, which motion failed.

     Part 2 of SA 2 was taken up.

     Senator Goode moved that Part 2 of SA 2 be adopted, which motion prevailed.

     Senator Russell offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 207, Page 34, Section 301.573, Line 26, by inserting after all of said line the following:

     "Section 1. As used in subdivision (5) of section 407.815, RSMo, the term "motor driven vehicle" shall not include "trailer" as such term is defined in subdivision (56) of section 301.010, RSMo."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Maxwell offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 207, Page 1, In the Title, Line 6, by striking the following: "vehicle commission" and inserting in lieu thereof the following: "vehicles"; and

     Further amend said bill, page 1, section A, line 8, by inserting immediately after all of said line the following:

     "301.140. 1. Upon the transfer of ownership of any motor vehicle or trailer, the certificate of registration and the right to use the number plates shall expire and the number plates shall be removed by the owner at the time of the transfer of possession, and it shall be unlawful for any person other than the person to whom such number plates were originally issued to have the same in his or her possession whether in use or not; except that the buyer of a motor vehicle or trailer who trades in a motor vehicle or trailer may attach the license plates from the traded-in motor vehicle or trailer to the newly purchased motor vehicle or trailer. The operation of a motor vehicle with such transferred plates shall be lawful for no more than thirty days. As used in this subsection, the term "trade-in motor vehicle or trailer" shall include any single motor vehicle or trailer sold by the buyer of the newly purchased vehicle or trailer, as long as the license plates for the trade-in motor vehicle or trailer are still valid.

     2. In the case of a transfer of ownership the original owner may register another motor vehicle under the same number, upon the payment of a fee of two dollars, if the motor vehicle is of horsepower, gross weight or (in the case of a passenger-carrying commercial motor vehicle) seating capacity, not in excess of that originally registered. When such motor vehicle is of greater horsepower, gross weight or (in the case of a passenger-carrying commercial motor vehicle) seating capacity, for which a greater fee is prescribed, applicant shall pay a transfer fee of two dollars and a pro rata portion for the difference in fees. When such vehicle is of less horsepower, gross weight or (in case of a passenger-carrying commercial motor vehicle) seating capacity, for which a lesser fee is prescribed, applicant shall not be entitled to a refund.

     3. License plates may be transferred from a motor vehicle which will no longer be operated to a newly purchased motor vehicle by the owner of such vehicles. The owner shall pay a transfer fee of two dollars if the newly purchased vehicle is of horsepower, gross weight or (in the case of a passenger-carrying commercial motor vehicle) seating capacity, not in excess of that of the vehicle which will no longer be operated. When the newly purchased motor vehicle is of greater horsepower, gross weight or (in the case of a passenger-carrying commercial motor vehicle) seating capacity, for which a greater fee is prescribed, the applicant shall pay a transfer fee of two dollars and a pro rata portion of the difference in fees. When the newly purchased vehicle is of less horsepower, gross weight or (in the case of a passenger-carrying commercial motor vehicle) seating capacity, for which a lesser fee is prescribed, the applicant shall not be entitled to a refund.

     [3.] 4. Upon the sale of a motor vehicle or trailer by a dealer, a buyer who has made application for registration, by mail or otherwise, may operate the same for a period of fifteen days after taking possession thereof, if during such period the motor vehicle or trailer shall have attached thereto, in the manner required by section 301.130, number plates issued to the dealer. Upon application and presentation of satisfactory evidence that the buyer has applied for registration, a dealer may furnish such number plates to the buyer for such temporary use. In such event, the dealer shall require the buyer to deposit the sum of ten dollars and fifty cents to be returned to the buyer upon return of the number plates as a guarantee that said buyer will return to the dealer such number plates within fifteen days. The director shall issue a temporary permit or paper plate authorizing the operation of a motor vehicle or trailer by a buyer for not more than twenty days of the date of purchase.

     [4.] 5. The temporary permit or paper plate shall be made available by the director of revenue and may be purchased from the department of revenue upon proof of purchase of a motor vehicle or trailer for which the buyer has no registration plate available for transfer, or from a dealer upon purchase of a motor vehicle or trailer for which the buyer has no registration plate available for transfer. The director shall make temporary plates or permits available to registered dealers in this state in sets of ten plates or permits. The fee for the temporary permit or plate shall be seven dollars and fifty cents for each permit or plate issued. No dealer shall charge more than seven dollars and fifty cents for each permit issued. The permit or plate shall be valid for a period of twenty days from the date of issuance by the director of revenue to the purchaser of a motor vehicle or trailer, or from the date of sale of the motor vehicle or trailer by a dealer for which the purchaser obtains a permit or plate as set out above.

     [5.] 6. The permit or plate shall be issued on a form prescribed by the director and issued only for the applicant's use in the operation of the motor vehicle or trailer purchased to enable him to legally operate the vehicle while proper title and registration plate are being obtained, and shall be displayed on no other vehicle. Permits or paper plates issued under this section shall not be transferable or renewable and shall not be valid upon issuance of proper registration plates for the motor vehicle or trailer. The director shall determine the size and numbering configuration, construction, and color of the permit and plate.

     [6.] 7. The dealer or authorized agent shall insert the date of issuance and expiration date, year, make, and manufacturer's number of vehicle on the paper plate or permit when issued to the buyer. The dealer shall also insert his dealer's number on the paper plate. Every dealer that issues a temporary permit or paper plate shall keep, for inspection of proper officers, a correct record of each permit or plate issued by him by recording the permit or plate number, buyer's name and address, year, make, manufacturer's number of vehicle on which the permit or plate is to be used, and the date of issuance.

     301.210. 1. In the event of a sale or transfer of ownership of a motor vehicle or trailer for which a certificate of ownership has been issued, the holder of such certificate shall endorse on the same an assignment thereof, with warranty of title in form printed thereon, and prescribed by the director of revenue, with a statement of all liens or encumbrances on such motor vehicle or trailer, and deliver the same to the buyer at the time of the delivery to him of such motor vehicle or trailer.

     2. The buyer shall then present such certificate, assigned as aforesaid, to the director of revenue, at the time of making application for the registration of such motor vehicle or trailer, whereupon a new certificate of ownership shall be issued to the buyer, the fee therefor being that prescribed in subsection 5 of section 301.190.

     3. If such motor vehicle or trailer is sold to a resident of another state or country, or if such motor vehicle or trailer is destroyed or dismantled, the owner thereof shall immediately notify the director of revenue. Certificates when so signed and returned to the director of revenue shall be retained by the director of revenue and all certificates shall be appropriately indexed so that at all times it will be possible for him to expeditiously trace the ownership of the motor vehicle or trailer designated therein.

     4. Except as provided in subsection 5 of this section, it shall be unlawful for any person to buy or sell in this state any motor vehicle or trailer registered under the laws of this state, unless, at the time of the delivery thereof, there shall pass between the parties such certificates of ownership with an assignment thereof, as provided in this section, and the sale of any motor vehicle or trailer registered under the laws of this state, without the assignment of such certificate of ownership, shall be fraudulent and void.

     5. A sale of a motor vehicle or trailer which has been completed without a transfer of the certificate of ownership at the time of the sale shall not be fraudulent or void if the seller has applied for a duplicate certificate of ownership and, upon receiving the duplicate, assigns the certificate of title within ten days. Any purchaser of a motor vehicle or trailer may obtain a temporary permit to operate such vehicle or trailer if the seller provides a signed and dated, notarized bill of sale as evidence of the transfer."; and

     Further amend the title and enacting clause accordingly.

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

     Senators Flotron and Schneider offered SA 5:

SENATE AMENDMENT NO. 5

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 207, Page 9, Section 301.553, Line 10, 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 34, section 301.573, line 26, 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 Flotron moved that the above amendment be adopted, which motion prevailed.

     Senator Staples moved that SS for SCS for HB 207, as amended, be adopted, which motion prevailed.

     On motion of Senator Staples, SS for SCS for HB 207, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickScottSimsSingleton
StaplesWestfallWigginsYeckel--28
Nays--Senators
CaskeyHowardRohrbachRussell
Schneider--5
Absent--Senators--Curls--1
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyChildersClay
DePascoEhlmannFlotronGoode
GravesJacobJohnsonKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickScott
SingletonStaplesWestfallWiggins
Yeckel--25
Nays--Senators
CaskeyHouseHowardKenney
RohrbachRussellSchneiderSims--8
Absent--Senators--Curls--1
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.

PRIVILEGED MOTIONS

     Senator Bentley moved that SCS for SB 373, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

     HCA 1 was taken up.

     Senator Bentley moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
CurlsSchneider--2
Absent with leave--Senators--None

     On motion of Senator Bentley, SCS for SB 373, as amended, 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 Bentley, title to the bill was agreed to.

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

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

     Bill ordered enrolled.

     HB 259, with SCS, introduced by Representative Liese, entitled:

     An Act to amend chapter 376, RSMo, by adding thereto twelve new sections relating to settlement of life insurance policies, with penalty provisions.

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

     SCS for HB 259, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 259

     An Act to amend Chapter 376, RSMo, by adding thereto twenty-three new sections relating to settlement of life insurance policies, with penalty provisions.

     Was taken up.

     Senator Flotron moved that SCS for HB 259 be adopted.

     Senator Flotron offered SS for SCS for HB 259, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 259

     An Act to repeal section 409.402, RSMo Supp. 1996, and section 409.401 as enacted by house committee substitute for senate bill no. 375 of the first regular session of the eighty-ninth general assembly, relating to settlement of life insurance policies, and to enact in lieu thereof thirty-seven new sections relating to the same subject, with penalty provisions.

     Senator Flotron moved that SS for SCS for HB 259 be adopted, which motion prevailed.

     Senator Mathewson resumed the Chair.

     On motion of Senator Flotron, SS for SCS for HB 259 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 declared the bill passed.

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

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

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

     Senator McKenna moved that HB 301, with SA 2 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SA 2 was again taken up.

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

     Senator Staples assumed the Chair.

     Senator Rohrbach offered SA 3, which was read:

SENATE AMENDMENT NO. 3

     Amend House Bill No. 301, Page 2, Section 143.183, Line 29, by inserting immediately before the "." on said line the following: "and, after December 31, 2007 or when the trust fund balance from public money equals one hundred million dollars, whichever comes last, no more general revenue may be appropriated to the fund.".

     Senator Rohrbach moved that the above amendment be adopted.

     Senator Ehlmann requested a roll call vote be taken and was joined in his request by Senators Childers, Howard, McKenna and Wiggins.

     SA 3 failed of adoption by the following vote:
Yeas--Senators
BentleyEhlmannGoodeGraves
HowardKenneyLybyerMueller
RohrbachRussellSchneider--11
Nays--Senators
BanksCaskeyChildersClay
DePascoFlotronHouseJacob
JohnsonKinderKlarichMathewson
MaxwellMcKennaQuickScott
SimsStaplesWigginsYeckel--20
Absent--Senators
CurlsSingletonWestfall--3
Absent with leave--Senators--None

     President Wilson resumed the Chair.

     On motion of Senator McKenna, HB 301, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--Rohrbach--1
Absent--Senators
CurlsSchneider--2
Absent with leave--Senators--None

     The President declared the bill passed.

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

     Senator McKenna 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 Quick moved that the Senate refuse to concur in HS for HCS for SCS for SB 141, 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.

     Senator Quick moved that SB 449, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

     HCA 1 was taken up.

     Senator Quick moved that HCA 1 be adopted, which motion prevailed 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

     On motion of Senator Quick, SB 449, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
MuellerQuickRohrbachRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
CurlsMcKennaSchneider--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.

     Bill ordered enrolled.

HOUSE BILLS ON THIRD READING

     HCS for HB 696, with SCS, was placed on the Informal Calendar.

     HS for HB 811, with SCA 1, was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

     Senator Scott, Chairman of the Committee on State Budget Control, submitted the following report:

     Mr. President: Your Committee on State Budget Control, to which was referred HCS for HB 697, with SCA 1, begs leave to report that it has considered the same and recommends that the bill do pass.

HOUSE BILLS ON THIRD READING

     HCS for HB 697, with SCA 1, entitled:

     An Act to repeal section 43.265, RSMo Supp. 1996, relating to the highway patrol's funds, and to enact in lieu thereof two new sections relating to the same subject.

     Was taken up by Senator McKenna.

     SCA 1 was taken up.

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

     On motion of Senator McKenna, HCS for HB 697, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRussell
SchneiderScottSimsSingleton
WestfallWigginsYeckel--31
Nays--Senators--Rohrbach--1
Absent--Senators
CurlsStaples--2
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HJR 2, introduced by Representative Kreider, entitled:

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 26(b) of article VI of the Constitution of Missouri, relating to school district indebtedness and adopting one new section in lieu thereof relating to the same subject.

     Was taken up by Senator Maxwell.

     On motion of Senator Maxwell, HJR 2 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannGoodeHouse
JacobJohnsonLybyerMathewson
MaxwellMcKennaQuickRussell
SchneiderScottSimsWestfall
WigginsYeckel--22
Nays--Senators
BanksFlotronGravesHoward
KenneyKinderKlarichMueller
RohrbachSingleton--10
Absent--Senators
CurlsStaples--2
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HJR 18, introduced by Representatives Harlan and Copeland, entitled:

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 15 of article IV of the Constitution of Missouri, relating to the state treasurer and adopting one new section in lieu thereof relating to the same subject.

     Was taken up by Senator Quick.

     On motion of Senator Quick, HJR 18 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachSchneider
ScottSimsSingletonWestfall
WigginsYeckel--30
Nays--Senators
KinderRussell--2
Absent--Senators
CurlsStaples--2
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.

CONFERENCE COMMITTEE REPORTS

     Senator Kenney, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SCS for SB 316, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 316

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Committee Substitute for Senate Committee Substitute for Senate Bill No. 316, 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 House recede from its position on House Committee Substitute for Senate Committee Substitute for Senate Bill No. 316;

     2. That the Senate recede from its position on Senate Committee Substitute for Senate Bill No. 316;

     3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 316 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Bill Kenney      /s/ Don Lograsso

/s/ Ronnie DePasco      /s/ Thomas J. Hoppe

/s/ Harry Wiggins      /s/ David R. Reynolds

/s/ Jim Mathewson      /s/ Bill Luetkenhaus

/s/ Sam Graves      /s/ Carson Ross

     Senator Kenney moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
CurlsKlarichSchneider--3
Absent with leave--Senators--None

     On motion of Senator Kenney, CCS for HCS for SCS for SB 316, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 316

     An Act to repeal section 301.210, RSMo 1994, and section 301.025, RSMo Supp. 1996, relating to personal property tax receipts used for motor vehicle registration, and to enact in lieu thereof two new sections relating to the same subject.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
MuellerQuickRohrbachRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
CurlsMcKennaSchneider--3
Absent with leave--Senators--None

     The President declared the bill passed.

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

     Senator Kenney 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 Quick moved that the Senate refuse to recede from its position on SCS for HS for HB 390, as amended, and grant the House a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE REPORTS

     Senator Staples, on behalf of the conference committee appointed to act with a like committee from the House on SB 315, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE BILL NO. 315

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on Senate Bill No. 315, with House Committee Amendment No. 1, House Substitute Amendment No. 1 for House Committee Amendment No. 2, House Amendment No. 1, House Amendment No. 2, House Substitute Amendment No. 1 for House Amendment No. 3, as amended, House Amendment No. 4, House Amendment No. 5 and House Amendment No. 6; 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. The House recede from its position on House Committee Amendment No. 1, House Substitute Amendment No. 1 for House Committee Amendment No. 2, House Amendment No. 1, House Amendment No. 2, House Substitute Amendment No. 1 for House Amendment No. 3, as amended, House Amendment No. 4, House Amendment No. 5 and House Amendment No. 6;

     2. The Senate recede from its position on Senate Bill No. 315 as perfected;

     3. The attached Conference Committee Substitute for Senate Bill No. 315 be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Danny Staples      /s/ Don Koller

/s/ Mike Lybyer      /s/ Dick Franklin

/s/ Harold Caskey      /s/ Stephen Stoll

/s/ Sam Graves      Vicky Hartzler

/s/ Anita Yeckel      Charlie Shields

     Senator Staples moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMueller
QuickRohrbachRussellSchneider
ScottStaplesWestfallWiggins
Yeckel--29
Nays--Senators
EhlmannSingleton--2
Absent--Senators
CurlsMcKennaSims--3
Absent with leave--Senators--None

     On motion of Senator Staples, CCS for SB 315, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 315

     An Act to repeal sections 304.050 and 307.375, RSMo 1994, relating to crossing control arms on school buses, and to enact in lieu thereof two new sections relating to the same subject, with an effective date.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
MuellerQuickRohrbachRussell
SchneiderScottStaplesWestfall
WigginsYeckel--30
Nays--Senators--Singleton--1
Absent--Senators
CurlsMcKennaSims--3
Absent with leave--Senators--None

     The President declared the bill passed.

     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.

PRIVILEGED MOTIONS

     Senator Schneider moved that the Senate refuse to recede from its position on SCS for HS for HCS for HBs 69 and 179 and HCS for HB 669, as amended, and grant the House a conference thereon, which motion prevailed.

CONCURRENT RESOLUTIONS

     Senator Jacob moved that HCR 29 be taken up for adoption, which motion prevailed.

     On motion of Senator Jacob, HCR 29 was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
MuellerQuickRohrbachRussell
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
CurlsMcKennaSchneiderScott--4
Absent with leave--Senators--None

     Senator Quick assumed the Chair.

CONFERENCE COMMITTEE REPORTS

     Senator Caskey, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SS for SB 11, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 11

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Substitute for Senate Bill No. 11, with House Amendment No. 1, House Amendment No. 3, House Amendment No. 4, House Amendment No. 5, House Amendment No. 7, House Amendment No. 8, House Amendment No. 9, House Amendment No. 10, House Amendment No. 11, House Amendment No. 12, House Amendment No. 13, House Amendment No. 14 and House Substitute Amendment No. 1 to House Amendment No. 15; 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 the House Committee Substitute for Senate Substitute for Senate Bill No. 11, with House Amendment No. 1, House Amendment No. 3, House Amendment No. 4, House Amendment No. 5, House Amendment No. 7, House Amendment No. 8, House Amendment No. 9, House Amendment No. 10, House Amendment No. 11, House Amendment No. 12, House Amendment No. 13, House Amendment No. 14 and House Substitute Amendment No. 1 to House Amendment No. 15;

     2. That the Senate recede from its position on the Senate Substitute for Senate Bill No. 11;

     3. That the attached Conference Committee Substitute be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Harold Caskey      /s/ Sam Leake

/s/ John E. Scott      /s/ Richard Franklin

/s/ Jim Mathewson      /s/ Gary Wiggins

/s/ Sam Graves      /s/ Mark Richardson

/s/ Morris Westfall      /s/ Beth Long

     Senator Howard assumed the Chair.

     Senator Caskey moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksCaskeyChildersCurls
DePascoFlotronGravesHouse
HowardJacobJohnsonKinder
KlarichMathewsonMaxwellMcKenna
RussellScottSimsStaples
WestfallWiggins--22
Nays--Senators
EhlmannGoodeKenneyLybyer
MuellerQuickRohrbachSchneider
SingletonYeckel--10
Absent--Senators
BentleyClay--2
Absent with leave--Senators--None

     On motion of Senator Caskey, CCS for HCS for SS for SB 11, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 11

     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, 56.830, 57.295, 57.317, 57.550, 59.220, 82.390, 82.520 and 82.599, RSMo 1994, and sections 50.333, 50.343, 52.230, 56.265, 58.095, 58.700 and 473.739, RSMo Supp. 1996, relating to certain county officers, and to enact in lieu thereof thirty new sections relating to the same subject.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersCurls
DePascoGravesJacobJohnson
KinderKlarichMathewsonMaxwell
RussellScottSimsStaples
WestfallWiggins--18
Nays--Senators
EhlmannFlotronGoodeHouse
HowardKenneyLybyerMueller
QuickRohrbachSingletonYeckel--12
Absent--Senators
BentleyClayMcKennaSchneider--4
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.

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 HS for HCS for SCS for SB 89, as amended: Representatives: Crump, Hosmer, Parker, Legan and Richardson.

     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 HCS for SS for SB 11, as amended: Representatives: Leake, Franklin, Wiggins, Richardson and Long.

     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 SS for SB 121, as amended: Representatives: Williams (121), Smith, Hosmer, Ostmann and Donovan.

     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 SS for SCS for HS for HCS for HB 335, as amended: Representatives: Harlan, Foley, Bland, Griesheimer and Pryor.

     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 SB 21, entitled:

     An Act to repeal section 67.671, RSMo 1994, and section 67.1200, RSMo Supp. 1996, relating to sales taxes for economic development and tourism, and to enact in lieu thereof forty-four new sections relating to the same subject, with an emergency clause.

     With House Amendments Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13.

HOUSE AMENDMENT NO. 1

     Amend House Substitute for House Committee Substitute for Senate Bill No. 21, Page 14, Section 67.1300, Line 18, by adding immediately after said line, the following:

     "13. For purposes of this section, the term "economic development" is limited to the following:

     (1) Operations of economic development or community development offices, including the salaries of employees;

     (2) Provision of training for job creation or retention;

     (3) Provision of infrastructure and sites for industrial development or for public infrastructure projects; and

     (4) Refurbishing of existing structures and property relating to community development.".

HOUSE AMENDMENT NO. 2

     Amend House Substitute for House Committee Substitute for Senate Bill No. 21, Page 9, Section 67.1300, Line 10 of said page, by inserting after the word "hundred" the following: "or a county of the third classification with a population greater than thirteen thousand nine hundred but less than fourteen thousand four hundred".

HOUSE AMENDMENT NO. 3

     Amend House Substitute for House Committee Substitute for Senate Bill No. 21, Page 1, In the Title, Line 3 of said page, by deleting the word "section" and inserting in lieu thereof the following: "sections 52.230 and"; and

     Further amend said bill, Page 1, In the Title, Line 6 of said page, by deleting the word "four" and inserting in lieu thereof the word "five"; and

     Further amend said bill, Page 1, Section A, Line 10 of said page, by deleting the words "and section" and inserting in lieu thereof the following: "and sections 52.230 and"; and

     Further amend said bill, Page 1, Section A, Line 11 of said page, by deleting the word "forty-four" and inserting in lieu thereof the word "forty-five"; and

     Further amend said bill, Page 1, Section A, Line 12 of said page, by inserting after the word "sections" the following: "52.230,"; and

     Further amend said bill, Page 1, Section A, Line 2, by inserting after all of 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. 4

     Amend House Substitute for House Committee Substitute for Senate Bill No. 21, Page 32, Section 184.880, Line 7, by inserting after all of said line the following:

     "321.244. 1. Any fire protection district which has revised or reduced any levy which it has been authorized to impose under the provisions of section 321.225, 321.240, 321.241, 321.243, 321.246, 321.610, or 321.620, under any provision of the constitution or laws of this state, may increase each such revised or reduced levy up to, but not in excess of, the maximum limits allowed under the section authorizing the rate of levy sought to be increased by submitting the following proposition to the voters of the district at any primary, general or special election:

     Shall the board of directors of the . . . . . . . . . . . . . . . . . . . Fire Protection District be authorized to increase the rate of levy for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .from

(Insert purpose of which tax is levied)

. . . . . cents to . . . . . cents on each one hundred dollars of assessed valuation?

     [ ] Yes          [ ] No

     2. If any of the propositions submitted under subsection 1 of this section is approved by a majority of the voters of the district voting thereon, the board of directors may increase the levy which was the subject of such proposition to the amount authorized by such proposition.

     321.246. 1. The governing body of any fire protection district which operates within both a county of the first classification with a charter form of government and with a population greater than six hundred thousand but less than nine hundred thousand and a county of the fourth classification with a population greater than thirty thousand but less than thirty-five thousand and that adjoins a county of the first classification with a charter form of government, or the governing body of any fire protection district which contains a city of the fourth classification having a population greater than two thousand four hundred when the city is located in a county of the first classification without a charter form of government having a population greater than one hundred fifty thousand and the county contains a portion of a city with a population greater than three hundred fifty thousand may impose a sales tax in an amount of up to one-half of one percent on all retail sales made in such fire protection district which are subject to taxation pursuant to the provisions of sections 144.010 to 144.525, RSMo. The tax authorized by this section shall be in addition to any and all other sales taxes allowed by law, except that no sales tax imposed pursuant to the provisions of this section shall be effective unless the governing body of the fire protection district submits to the voters of the fire protection district, at a county or state general, primary or special election, a proposal to authorize the governing body of the fire protection district to impose a tax.

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

     Shall the fire protection district of . . . . . . . . . . . . . . . (district's name) impose a district-wide sales tax of . . . . . . . . . . . for the purpose of providing revenues for the operation of the fire protection district?

     [ ] Yes     [ ] No

If a majority of the votes cast on the proposal by the qualified voters voting thereon are in favor of the proposal, then the sales tax authorized in this section shall be in effect. If a majority of the votes cast by the qualified voters voting are opposed to the proposal, then the governing body of the fire protection district shall not impose the sales tax authorized in this section unless and until the governing body of the fire protection district resubmits a proposal to authorize the governing body of the fire protection district to impose the sales tax authorized by this section and such proposal is approved by a majority of the qualified voters voting thereon.

     3. All revenue received by a fire protection district from the tax authorized pursuant to the provisions of this section shall be deposited in a special trust fund and shall be used solely for the operation of the fire protection district.

     4. All sales taxes collected by the director of revenue pursuant to this section on behalf of any fire protection district, less one percent for cost of collection which shall be deposited in the state's general revenue fund after payment of premiums for surety bonds as provided in section 32.087, RSMo, shall be deposited in the fire protection district sales tax trust fund established pursuant to section 321.242. The moneys in the fire protection district sales tax trust fund shall not be deemed to be state funds and shall not be commingled with any funds of the state. The director of revenue shall keep accurate records of the amount of money in the trust and which was collected in each fire protection district imposing a sales tax pursuant to this section, and the records shall be open to the inspection of officers of the fire protection district and the public. Not later than the tenth day of each month, the director of revenue shall distribute all moneys deposited in the trust fund during the preceding month to the fire protection district which levied the tax. Such funds shall be deposited with the treasurer of each such fire protection district, and all expenditures of funds arising from the fire protection district sales tax trust fund shall be for the operation of the fire protection district and for no other purpose.

     5. The director of revenue may authorize the state treasurer to make refunds from the amounts in the trust fund and credited to any fire protection district for erroneous payments and overpayments made and may redeem dishonored checks and drafts deposited to the credit of such fire protection districts. If any fire protection district abolishes the tax, the fire protection district shall notify the director of revenue of the action at least ninety days prior to the effective date of the repeal and the director of revenue may order retention in the trust fund, for a period of one year, of two percent of the amount collected after receipt of such notice to cover possible refunds or overpayment of the tax and to redeem dishonored checks and drafts deposited to the credit of such accounts. After one year has elapsed after the effective date of abolition of the tax in such fire protection district, the director of revenue shall remit the balance in the account to the fire protection district and close the account of that fire protection district. The director of revenue shall notify each fire protection district of each instance of any amount refunded or any check redeemed from receipts due the fire protection district. In the event a tax within a fire protection district is approved under this section, and such fire protection district is dissolved, the tax shall lapse on the date that the fire protection district is dissolved and the proceeds from the last collection of such tax shall be distributed to the governing bodies of the counties formerly containing the fire protection district and the proceeds of the tax shall be used for fire protection services within such counties.

     6. Except as modified in this section, all provisions of sections 32.085 and 32.087, RSMo, shall apply to the tax imposed pursuant to this section."; and

     Further amend title and enacting clause accordingly.

HOUSE AMENDMENT NO. 5

     Amend House Substitute for House Committee Substitute for Senate Bill No. 21, Page 39, Section 2, Line 2 of said page, by inserting after all of said line the following:

     "3. The provisions of sections 2 to 19 of this act shall only apply to a city located in more than three counties with a population greater than four hundred thousand, Any county of the first classification with a charter form of government with a population of nine hundred thousand or more inhabitants, or any city not within a county.".

HOUSE AMENDMENT NO. 6

     Amend House Substitute for House Committee Substitute for Senate Bill No. 21, Pages 80 and 81, Section 20, Chapter 184.880, Line 19, by deleting all of said Section 20; and further amend said bill, by amending the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 7

     Amend House Substitute for House Committee Substitute for Senate Bill No. 21, Page 9, Section 67.1300, Line 10 of said page, by inserting after the word "hundred" the following: "or a county of the third classification with a population greater than sixteen thousand eight hundred but less than seventeen thousand or a county of the third classification with a population greater than forty-four thousand but less than forty-five thousand".

HOUSE AMENDMENT NO. 8

     Amend House Substitute for House Committee Substitute for Senate Bill No. 21, Page 1, In the Title, Line 3, by deleting the word "two" and inserting in lieu thereof the word "three"; and

     Further amend said bill, Page 87, Section B, Line 19, by inserting after all of said line the following:

     "Section C. One new section is enacted, to be known as section 2, to read as follows:

     Section 2. As referred to in sections 92.110 and 92.210, RSMo, the terms salaries, wages, commissions and other compensation shall not include any contributions to any deferred compensation plan, including, but not limited to, any salary reduction plan, cafeteria plan or any other similar plan deferring the receipt of compensation by a resident or nonresident if such contribution is not subject to Missouri state income tax at the time such contribution is made.".

HOUSE AMENDMENT NO. 9

     Amend House Substitute for House Committee Substitute for Senate Bill No. 21, Page 81, Section 21, Line 17, by adding immediately after the word "county" the following words "or a portion thereof"; and further amend said bill page 83, Section 23, Line 18 by adding immediately after the word "county" the following words "or a portion thereof".

HOUSE AMENDMENT NO. 10

     Amend House Substitute for House Committee Substitute for Senate Bill No. 21, Page 87, Section 27, Line 11, by inserting after all of said line the following:

     "Section 28. 1. The governing body of any city in which is located the seat of state government is hereby authorized to impose, by ordinance or order, a sales tax on all retail sales which are subject to taxation under the provisions of sections 144.010 to 144.525, RSMo, for the purpose of funding economic development. For the purposes of this section, the term "economic development" shall mean the promotion of the economy of the city, the development of the city, trade, business, conventions, tourism, and other activities and programs impaction on the economy of the city, including the funding of the construction and operation of civic and convention centers, as determined by the city imposing the tax. The tax authorized by this section shall be in addition to any and all other sales taxes allowed by law. The ordinance or order shall become effective after the governing body of the city shall submit to the voters of that city a proposal to authorize the tax.

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

     Shall the city of . . . . . . . . . (name of city) impose a sales tax of . . . . . . . (inset amount) for the purpose of funding economic development?

     [ ] YES          [ ] NO

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

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

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

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

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

     Further amend the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 11

     Amend House Substitute for House Committee Substitute for Senate Bill No. 21, Page 32, Section 1, by deleting all of said section; and

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

HOUSE AMENDMENT NO. 12

     Amend House Substitute for House Committee Substitute for Senate Bill No. 21, Page 14, Section 67.1300, Line 18, by adding immediately after said line, the following:

     "99.870. (1) Any city with a population in excess of 400,000 may file a plan with the department of economic development to develop a race track facility classified in SIC 7944, in an enterprise zone as described in Chapter 135 RSMo. If the director and the commissioner of administration approve the plan, the director may provide that some portion of the state sales tax generated by the development be rebated to the department of revenue, which shall deposit such rebate in a special fund for the purpose of paying the cost of public infrastructure necessitated by the project. Monies in such special fund shall be expanded only as approved by appropriation of the General Assembly. In determining the amount of state sales tax so generated, the director may use such reasonable multipliers as are commonly accepted by the International Association of Convention and Visitors' Bureaus. The approval of the director shall become final upon the ratification thereof by the joint committee on economic development, policy and planning, established pursuant to Section 620.602, RSMo. The provisions of this section shall not apply to state sales tax revenues from redevelopment areas designated pursuant to Section 99.845. 4, and shall not apply to 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.

     (2) There is hereby established within the state treasury a special fund to be known as the "Missouri Sales Tax Increment Financing Revolving Fund", to be administered by the department of revenue. The department shall annually credit to the Missouri sales tax increment financing fund the sales tax authorized under the provisions of sections 99.845.4 and 99.870."; and

     Further amend the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 13

     Amend House Substitute for House Committee Substitute for Senate Bill No. 21, Page 1, In the Title, Line 1, by deleting "section 67.671" and inserting in lieu thereof the following: "sections 67.671 and 321.300"; and

     Further amend said bill, Page 1, In the Title, Line 6, by deleting the word "four" and inserting in lieu thereof the word "five"; and

     Further amend said bill, Page 1, Section A, Line 10, by deleting "Section 67.671" and inserting in lieu thereof the following: "Sections 67.671 and 321.300"; and

     Further amend said bill, Page 1, Section A, Line 11, by deleting the word "forty-four" and inserting in lieu thereof the word "forty-five"; and

     Further amend said bill, Page 1, Section A, Line 15, by inserting immediately after the number "184.880," the number "321.300,"; and

     Further amend said bill, Page 32, Section 184.880, Line 7, by inserting after all of said line the following:

     "321.300. 1. The boundaries of any district organized [under] pursuant to the provisions of this chapter may be changed in the manner [herein] prescribed in this section; but any change of boundaries of the district shall not impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever; nor shall it affect or impair or discharge any contract, obligation, lien or charge for or upon which it might be liable or chargeable had any change of boundaries not been made.

     2. The boundaries may be changed as follows:

     (1) [Seventy-five percent of the owners of any territory or tract of land near or adjacent to a fire protection district who own not less than fifty percent of the real estate in such territory or tract of land and not located within only a part of any municipality or another fire protection district] Twenty-five percent of the number of voters who voted in the most recent gubernatorial election in the area to be annexed may file with the board a petition in writing praying that such real property be included within the district; provided that in the case of a municipality having less than twenty percent of its total population in one fire protection district, the entire remaining portion may be included in another district so that none of the city is outside of a fire protection district at the time. The petition shall describe the property to be included in the district and shall describe the property owned by the petitioners and shall be deemed to give assent of the petitioners to the inclusion in the district of the property described in the petition; and such petition shall be in substantially the form set forth in section 321.495 dealing with referendums and verified in like manner; provided, however, that [in cases wherein the territory to be annexed contains more than two hundred taxpaying electors, a petition signed by at least one hundred taxpaying electors shall be sufficient, and] in the event that there are more than twenty-five property owners or taxpaying electors signing the petition, it shall be deemed sufficient description of their property in the petition as required in this section to list the addresses of such property; or

     (2) All of the owners of any territory or tract of land near or adjacent to a fire protection district who own all of the real estate in such territory or tract of land may file a petition with the board praying that such real property be included in the district. The petition shall describe the property owned by the petitioners and shall be deemed to give assent of the petitioners to the inclusion in the district of the property described in the petition;

     (3) Notwithstanding any provision of law to the contrary, in any fire protection district which is partly or wholly located in a noncharter county of the first classification with a population of less than one hundred thousand which adjoins any county of the first classification with a charter form of government with a population of nine hundred thousand or more inhabitants, if such fire protection district serves any portion of a city which is located in both such counties, the boundaries of the district may be expanded so as to include the entire city within the fire protection district, but the boundaries of the district shall not be expanded beyond the city limits of such city, as the boundaries of such city existed on January 1, 1993. Such change in the boundaries of the district shall be accomplished only if [seventy-five percent of the owners of any territory or tract of land within that part of the city which is not within the fire protection district] twenty-five percent of the number of voters who voted in the most recent gubernatorial election in the area to be annexed file with the board a petition in writing praying that such real property be included within the district. The petition shall describe the property to be included in the district and shall describe the property owned by the petitioners and shall be deemed to give assent of the petitioners to the inclusion in the district of the property described in the petition; and such petition shall be in substantially the form set forth in section 321.495 dealing with referendums and verified in like manner.

     3. The secretary of the board shall cause notice of the filing of any petition filed pursuant to this section to be given and published in the county in which the property is located, which notice shall recite the filing of such petition, the number of petitioners, a general description of the boundaries of the area proposed to be included and the prayer of the petitioners; giving notice to all persons interested to appear at the office of the board at the time named in the notice and show cause in writing, if any they have, why the petition should not be granted. The board shall at the time and place mentioned, or at such time or times to which the hearing may be adjourned, proceed to hear the petition and all objections thereto presented in writing by any person showing cause why the petition should not be granted. The failure of any person interested to show cause in writing why such petition shall not be granted shall be deemed as an assent on his part to the inclusion of such lands in the district as prayed for in the petition.

     4. If the board deems it for the best interest of the district, it shall grant the petition, but if the board determines that some portion of the property mentioned in the petition cannot as a practical matter be served by the district, or if it deems it for the best interest of the district that some portion of the property in the petition not be included in the district, then the board shall grant the petition in part only. If the petition is granted, the board shall make an order to that effect and file the same with the circuit clerk; and upon the order of the court having jurisdiction over the district, the property shall be included in the district. If the petition contains the signatures of all the owners of the property pursuant to the provisions of subdivision (2) of subsection 2 of this section, the property shall be included in the district upon the order of the court. If the petition contains the signatures of [seventy-five percent of the property owners] twenty-five percent of the number of voters who voted in the most recent gubernatorial election in the area to be annexed pursuant to subdivision (1) or subdivision (3) of subsection 2 of this section, the property shall be included in the district subject to the election provided in section 321.301. The circuit court having jurisdiction over the district shall proceed to make any such order including such additional property within the district as is provided in the order of the board, unless the court shall find that such order of the board was not authorized by law or that such order of the board was not supported by competent and substantial evidence.

     5. Any person aggrieved by any decision of the board made pursuant to the provisions of this section may appeal that decision to the circuit court of the county in which the property is located within thirty days of the decision by the board.

     6. No fire protection district, or employee thereof, in which territory is annexed pursuant to this section shall be required to comply with any prescribed firefighter training program or regimen which would not otherwise apply to the district or its employees, but for the requirements applicable to the annexed territory.".

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 128.

     With House Amendment No. 1 to House Amendment No. 1; House Amendment No. 1, as amended; and House Amendments Nos. 2 and 4.

HOUSE AMENDMENT NO. 1

     Amend Senate Bill No. 128, Page 1, In the Title, Line 2, by deleting the following on said line "and 408.233" and inserting in lieu thereof the following ", 408.233 and 408.500"; and

     Further amend said title, line 4, by deleting the word "five" and inserting in lieu thereof the word "six"; and

     Further amend said bill, page 1, section A, line 1, by deleting the following on said line "and 408.233" and inserting in lieu thereof the following ", 408.233 and 408.500"; and

     Further amend said section, line 2, by deleting the word "five" and inserting in lieu thereof the word "six"; and

     Further amend said section, line 4, by deleting the following on said line "and 408.233" an inserting in lieu thereof the following ", 408.233 and 408.500"; and

     Further amend said bill, page 7, section 408.233, line 63, by inserting immediately after said line the following:

     "408.500. 1. Lenders exclusively in the business of making unsecured loans under five hundred dollars and who are not otherwise registered under chapter 408, RSMo, shall be registered with the director of the division of finance upon the payment of an annual registration fee of three hundred dollars. The license year shall commence on January first each year and the license fee may be prorated for expired months. Such lenders shall not charge, contract for or receive on such loans interest or any fee of any type or kind whatsoever which exceed the approved rate as provided in this subsection. Lenders shall file a rate schedule with the director who, upon review, shall approve rates comparable with those lawfully charged in the marketplace for similar loans. In determining marketplace interest rates, the director shall consider the appropriateness of rate requests made by lenders and rates allowed on similar loans in the states contiguous to Missouri. If the director takes no action upon a filed rate schedule within thirty days of receipt, then it shall be deemed approved as filed. The director, on January first and July first of each year, shall consider the filing of new interest rate schedules to reflect changes in the marketplace. The director may promulgate rules regrading the computation and payment of interest, contract statements, payment receipts and advertising for loans made under the provisions of this section. The provisions of this section shall not apply to pawnbroker loans and small loans as authorized under chapter 367, RSMo.

     2. Any contract evidencing any fee or charge of any kind whatsoever, except for bona fide clerical errors, in excess of the rate established under this section shall be void. Any person, firm or corporation who receives or imposes a fee or charge in excess of the rate established under this section shall be guilty of a class A misdemeanor.

     3. Notwithstanding any other law to the contrary, cost of collection expenses, which include court costs and attorneys expenses, awarded by the court in suit to recover on a bad check or breach of contract shall not be considered as a fee or charge for purposes under this section.".

HOUSE AMENDMENT NO. 1 TO

HOUSE AMENDMENT NO. 1

     Amend House Amendment No. 1 to Senate Bill No.128, Page 3, Section 408.500, Line 2, by adding after the word "and" the word "reasonable".

HOUSE AMENDMENT NO. 2

     Amend Senate Bill No. 128, Page 1, In the Title, Line 4, by deleting the word "five" and inserting in lieu thereof the word "six"; and

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

     Further amend said bill, Page 1, Section A, Line 4, by deleting the word and figure "and 408.233" and inserting in lieu thereof the following: ", 408.233 and 1"; and

     Further amend said bill, Page 7, Section 408.233, Line 63, by inserting after all of said line the following:

     "Section 1. 1. Except as otherwise provided in this section, any contract, entered into after the effective date of this section, for the sale, service or lease of manufactured goods or commodities or for the providing of services shall not contain a provision that the contract shall be automatically renewed at the end of a certain period of time unless such contract provides that the party providing the goods, commodities or services shall be required to send a written notice to all parties who are subject to the contract. The party providing the goods, commodities or services shall send such a notice to all other parties to the contract at least thirty days, but not more than sixty days, before the date of the renewal of the contract. Such notice shall state if the terms of the contract subject to renewal are the same as the previous contract period or if any terms in the contract are changed. The contract may be terminated at the end of the contract period by any party if the party sends a written notice of the termination of the contract to the other parties subject to the contract before the renewal date of the contract. The contract may provide that the contract may be automatically renewed on the terms provided in the renewal notice if no party to the contract sends a notice of termination of the contract prior to the date of renewal. The notification requirements required in contracts pursuant to this section may be specifically waived within the contract for a specified period of time by placing a waiver within the contract in a prominent place in the written contract, but such a waiver shall only be valid where the party receiving the goods or services has indicated by signature or initials on that portion of the contract that such party has waived the notification requirements of this section. In addition, the provisions of this section shall not apply to any contract with the state or any political subdivision of this state, to any contract with a public institution of education in this state or to parties of automatic rollover contracts subject to cancellation at anytime without penalty or parties to contracts which provide for prorated refunds in the event of cancellation.

2. Any automatic renewal provision in a contract that violates the provisions of subsection 1 of this section is against public policy and is void and unenforceable.".

HOUSE AMENDMENT NO. 4

     Amend Senate Bill No. 128, Page 7, Section 408.233, Line 63, by inserting immediately after said line the following:

     "Section 1. For the purpose of determining the legal loan limit in section 362.170 RSMo., the population of the community where the bank or trust company is located, shall not include inmates of a correctional institution located in that community.".

     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 358.

     With House Committee Amendments Nos. 1, 2 and 3; and House Amendments Nos. 1, 2 and 3.

HOUSE COMMITTEE AMENDMENT NO. 1

     Amend Senate Bill No. 358, Page 4, Section 210.150, Line 92, by inserting immediately after the word "person" the words "or child care facility".

HOUSE COMMITTEE AMENDMENT NO. 2

     Amend Senate Bill No. 358, Page 4, Section 210.150, Line 102, by inserting after the word "neglect" the following: ". The response shall be given within ten working days of the time it was received by the division"; and

     Further amend said bill, Page 7, Section 210.498, Line 15, by inserting after the word "revoked." the following: "The response shall be given within ten working days of the time it was received by the division.".

HOUSE COMMITTEE AMENDMENT NO. 3

     Amend Senate Bill No. 358, Page 1, In the Title, Line 2, by inserting after the number "1994," the words and number "and section 210.109, RSMo Supp. 1996,"; and

     Further amend said bill, Page 1, In the Title, Line 3, by deleting the word "two" and inserting in lieu thereof the word "three"; and

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

     "Section A. Section 210.150, RSMo 1994, and section 210.109, RSMo Supp. 1996, are repealed and three new sections enacted in lieu thereof, to be known as sections 210.109, 210.150 and 210.498, to read as follows:

     210.109. 1. [By January 1, 1995,] The division of family services shall establish a child protection system in [five] eight areas of the state selected by the division.

     2. The child protection system shall seek to promote the safety of children and the integrity and preservation of their families by conducting investigations or family assessments in response to reports of child abuse or neglect. The system shall endeavor to coordinate community resources and provide assistance or services to children and families identified to be at risk, and to prevent and remedy child abuse and neglect.

     3. In implementing the child protection system, the division shall:

     (1) Receive and maintain reports pursuant to the provisions of subsections 1 and 2 of section 210.145;

     (2) Forward the report to the appropriate division staff who shall determine, through the use of protocols developed by the division, whether an investigation or the family assessment and services approach should be used to respond to the allegation. The protocols developed by the division shall give priority to ensuring the well-being and safety of the child. The division may investigate any report, but shall conduct an investigation involving reports, which if true, would constitute a violation of section 565.050, RSMo, if the victim is a child less than eighteen years of age, a violation of section 566.030 or 566.060, RSMo, if the victim is a child less than eighteen years of age, or any other violation of chapter 566, RSMo, if the victim is a child less than eighteen years of age and the perpetrator is twenty-one years of age or older, a violation of section 567.050, RSMo, if the victim is a child less than eighteen years of age, a violation of section 568.020, 568.030, 568.045, 568.050, 568.060, 568.080, or 568.090, RSMo, a violation of section 573.025 or 573.035, RSMo, or an attempt to commit any such crimes;

     (3) Communicate reports of child abuse or neglect to the appropriate local office, pursuant to the provisions of subsection 4 of section 210.145;

     (4) Contact the appropriate law enforcement agency upon receipt of a report of a violation of section 565.020, 565.021, 565.023, 565.024 or 565.050, RSMo, if the victim is a child less than eighteen years of age, a violation of section 566.030 or 566.060, RSMo, if the victim is a child less than eighteen years of age, or any other violation of chapter 566, RSMo, if the victim is a child less than eighteen years of age and the perpetrator is twenty-one years of age or older, a violation of section 567.050, RSMo, if the victim is a child less than eighteen years of age, a violation of section 568.020, 568.030, 568.045, 568.050, 568.060, 568.080, or 568.090, RSMo, a violation of section 573.025 or 573.035, RSMo, or an attempt to commit any such crimes, and shall provide such agency with a detailed description of the report received. The appropriate law enforcement agency shall assist the division in the investigation or provide the division, within a reasonable time, an explanation in writing detailing the reasons why it is unable to assist;

     (5) Cause a thorough investigation or family assessment and services approach to be initiated within twenty-four hours of receipt of the report from the division, except in cases where the sole basis for the report is educational neglect. If the report indicates that educational neglect is the only complaint and there is no suspicion of other neglect or abuse, the investigation or family assessment and services approach shall be initiated within seventy-two hours of receipt of the report. If the report indicates the child is in danger of serious physical harm or threat to life, an investigation or family assessment and services approach shall include direct observation of the subject child within twenty-four hours of the receipt of the report;

     (6) Investigate, if it is determined that an investigation is necessary, in compliance with the provisions of section 210.145;

     (7) Assess, in cases where the family assessment and services approach is used, any service needs of the family. The assessment of risk and service needs shall be based on information gathered from the family and other sources;

     (8) Provide services, in cases in which the family assessment and services approach is used, which are voluntary and time-limited unless it is determined by the division based on the assessment of risk that there will be a high risk of abuse or neglect if the family refuses to accept the services. The division shall identify services for families where it is determined that the child is at high risk of future abuse or neglect. The division shall thoroughly document in the record its attempt to provide voluntary services and the reasons these services are important to reduce the risk of future abuse or neglect to the child. If the family continues to refuse voluntary services or the child needs to be protected, the division may commence an investigation;

     (9) Commence an immediate investigation if at any time during the family assessment and services approach the division determines that an investigation, as delineated in sections 210.109 to 210.183, is required. The division staff who have conducted the assessment may remain involved in the provision of services to the child and family;

     (10) Document at the time the case is closed, the outcome of the family assessment and services approach, any service provided and the removal of risk to the child, if it existed;

     (11) Conduct a family assessment and services approach on reports initially referred for an investigation, if it is determined that a complete investigation is not required. If law enforcement officers are involved in the investigation, they shall provide written agreement with this decision. The reason for the termination of the investigative process shall be documented in the record;

     (12) Assist the child and family in obtaining services, if at any time during the investigation it is determined that the child or any member of the family needs services;

     (13) Collaborate with the community to identify comprehensive local services and assure access to those services for children and families where there is risk of abuse or neglect;

     (14) Contact the person who made the report under section 210.115, pursuant to the provisions of section 210.145;

     (15) Forward any evidence of malice or harassment to the local prosecuting or circuit attorney as required by the provisions of section 210.145;

     (16) Provide services as required by section 210.145;

     (17) Use multidisciplinary services as required by section 210.145;

     (18) Update the information in the information system within thirty days of an oral report of abuse or neglect. The information system shall contain, at a minimum, the determination made by the division as a result of the investigation or family assessment and services approach, identifying information on the subjects of the report, those responsible for the care of the subject child and other relevant dispositional information. The division shall complete all investigations or family assessments within thirty days, unless good cause for the failure to complete the investigation or assessment is documented in the information system. If the investigation or family assessment is not completed within thirty days the information system shall be updated at regular intervals and upon the completion of the investigation. The information in the information system shall be updated to reflect any subsequent findings, including any changes to the findings based on an administrative or judicial hearing on the matter;

     (19) Maintain a record which contains the facts ascertained which support the determination as well as the facts that do not support the determination.

     4. By January 1, 1998, the division of family services shall submit documentation to the speaker of the house of representatives and the president pro tem of the senate on the success or failure of the child protection system established in this section. The general assembly may recommend statewide implementation or cancellation of the child protection system based on the success or failure of the system established in this section.

     5. The documentation required by subsection 4 of this section shall include an independent evaluation of the child protection system completed according to accepted, objective research principles.".

HOUSE AMENDMENT NO. 1

     Amend Senate Bill No. 358, Page 1, In the Title, Line 2, by inserting after the number "1994," the following: "and section 660.317, RSMo Supp. 1996,"; and

     Further amend said bill, Page 1, In the Title, Line 3, by deleting the word "two" and inserting in lieu thereof the word "three"; and

     Further amend said bill, Page 1, Section A, Line 1, by deleting the following: "is repealed and two" and inserting in lieu thereof the following: "and section 660.317, RSMo Supp. 1996, are repealed and three"; and

     Further amend said bill, Page 1, Section A, Lines 2 and 3, by deleting the word and number "and 210.498" and inserting in lieu thereof the following: ", 210.498 and 660.317"; and

     Further amend said bill, Page 7, Section 210.498, Line 15, by inserting after all of said line the following:

     "660.317. 1. For the purposes of this section, the term "provider" means any person, corporation or association who:

     (1) Is licensed as an operator pursuant to chapter 198, RSMo;

     (2) Provides in-home services under contract with the department;

     (3) Employs nurses or nursing assistants for temporary or intermittent placement in health care facilities; or

     (4) Is an entity licensed pursuant to chapter 197, RSMo;

     (5) Is a public or private facility, day program, residential facility or specialized service operated, funded or licensed by the department of mental health.

     2. For the purpose of this section "patient or resident" has the same meaning as such term is defined in section 43.540, RSMo.

     3. Beginning August 28, 1997, [within] not later than two working days of hiring any person for a full-time, part-time or temporary position [that has] to have contact with any patient or resident the provider shall, or in the case of temporary employees hired through an employment agency, the employment agency shall prior to sending a temporary employee to a provider:

     (1) Request a criminal background check as provided in section [610.120] 43.540, RSMo; and

     (2) Make an inquiry to the department of social services, whether the person is listed on the employee disqualification list as provided in section 660.315.

     4. When the provider requests a criminal background check pursuant to section 43.530, RSMo, [or section 610.120, RSMo,] the requesting entity may require that the applicant reimburse the provider for the cost of such record check.

     5. An applicant for a position [that has] to have contact with patients or residents of a provider shall:

     (1) Sign a consent form as required by section 43.540, RSMo, so the provider may request a criminal records review;

     (2) Disclose the applicant's criminal history. For the purposes of this subdivision "criminal history" includes any conviction or a plea of guilty to a misdemeanor or felony charge and shall include any suspended imposition of sentence, any suspended execution of sentence or any period of probation or parole; and

     (3) Disclose if the applicant is listed on the employee disqualification list as provided in section 660.315.

     6. A provider is guilty of a class A misdemeanor if the provider knowingly hires a person [that has] to have contact with patients or residents and the person has been convicted of, pled guilty to or nolo contendere in this state or any other state [to] or has been found guilty of any class A or B felony violation of chapter 565, 566 or 569, RSMo, or any violation of subsection 3 of section 198.070, RSMo, or section 568.020, RSMo.

     7. The highway patrol shall examine whether protocols can be developed to allow a provider to request a statewide fingerprint criminal records review check through local law enforcement agencies.

     8. A provider may use a private investigatory agency rather than the highway patrol to do a criminal history records review check, and alternatively, the applicant pays the private investigatory agency such fees as the provider and such agency shall agree.".

HOUSE AMENDMENT NO. 2

     Amend Senate Bill No. 358, Page 4, Section 210.150, Line 98, by inserting immediately after the period "." the following: "The notarized release form shall include the full name, date of birth and social security number of the person who does or may provide care or services to a child."; and

     Further amend said bill, Page 6, Section 210.498, Line 10, by inserting after the period "." the following: "The notarized release form shall include the full name, date of birth and social security number of the person who does or may provide care or services to a child.".

HOUSE AMENDMENT NO. 3

     Amend Senate Bill No. 358, Page 7, Section 210.498, Line 15, by inserting after all of said line the following:

     "566.617. 1. Except as provided in subsection 3 of this section, the statements, photographs, and fingerprints required by sections 566.600 to 566.625 shall not be subject to the provisions of chapter 610, RSMo, and are not public records as defined in section 610.010, RSMo, and shall be available [only] to courts, prosecutors and law enforcement agencies.

     2. Except as provided in subsection 3 of this section, the statements, photographs, and fingerprints required by sections 566.600 to 566.625 shall not be subject to the provisions of chapter 610, RSMo, and are not public records as defined in section 610.010, RSMo, and shall not be open to inspection by the public or any person, other than a regularly employed peace officer or law enforcement officer.

     3. Notwithstanding any provision of law to the contrary, the local law enforcement agency shall provide a complete list of the names and addresses of each offender registered within such agency's jurisdiction as well as the crime for which such offender was convicted to any person upon request."; and

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

     In which the concurrence of the Senate is respectfully requested.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SCS for HS for HB 390, as amended: Senators Quick, McKenna, Scott, Westfall and Graves.

RESOLUTIONS

     Senator Kenney offered Senate Resolution No. 823, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Thomas Jack (Tom) Drummy, Joplin, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Mathewson introduced to the Senate, Jackie Fike, Sedalia; and Linda, Matthew and Sara Kahrs, Hughesville; and Matthew was made an honorary page.

     Senator Ehlmann introduced to the Senate, thirty-eight eighth grade students from St. Patrick's School, Wentzville; and Sara Edinger, Jesse Hakenewerth, Dena Keling and Tim Moorman were made honorary pages.

     On motion of Senator Quick, the Senate adjourned until 9:30 a.m., Tuesday, May 13, 1997.