Journal of the Senate

FIRST REGULAR SESSION


SEVENTY-FIRST DAY--THURSDAY, MAY 15, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, the Apostle Paul wrote, "Every man shall receive his own reward according to his own labor." Lord, we pray that You will be with us that our labor not be in vain. Help us to accomplish something worthwhile. We seek Your wisdom, understanding, courage and power. Grant to us what is needed to do the very best job that can be done. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal of the previous day was read and approved.

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

Present--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Absent with leave--Senators--None

     

RESOLUTIONS

     Senator House offered Senate Resolution No. 865, regarding Jeff Pauls, which was adopted.

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has dissolved the conference on SS for SCS for HS for HCS for HB 335 as amended and has adopted the SS for SCS for HS for HCS for HB 335 as amended and has again taken up and passed SS for SCS for HS for HCS for HB 335 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HS for HCS for HB 361 and has again taken up and passed SCS for HS for HCS for HB 361.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS for SCS for HS for HB 850 and has again taken up and passed SS for SCS for HS for HB 850.

     Emergency clause adopted.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SB 315, as amended, and has taken up and passed CCS for SB 315.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for SB 387 and has taken up and passed CCS for SB 387.

     Emergency clause adopted.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for SS for SB 11, as amended, and has taken up and passed CCS for SB 11.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for HCS for HB 557.

     With House Perfecting Amendments Nos. 1 and 2.

HOUSE PERFECTING AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 557, Page 10, Section 30.810, Line 3, by deleting the number "30.769" and inserting in lieu thereof the number "30.767"; and

     Further amend said bill, Page 11, Section 348.015, Line 1, by deleting the number "348.005" and inserting in lieu thereof the following: "[348.005] 348.015"; and

     Further amend said bill, Page 14, Section 348.400, Line 22, by inserting immediately before the word "as" the word "Lender"; and

     Further amend said bill, Page 17, Section 348.410, Line 5, by deleting the number "7" and inserting in lieu thereof the number "5".

HOUSE PERFECTING AMENDMENT NO. 2

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 557, Page 19, Section 348.415, Line 9, by adding immediately after said line, the following:

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

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

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

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

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

     Section 2. Any rule or portion of a rule promulgated pursuant to this bill shall become effective only as provided pursuant to chapter 536, RSMo, including but not limited to section 536.028 RSMo., if applicable, 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 are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028, if applicable, 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 the bill by amending the title and enacting clause accordingly.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SS for HB 578.

     With House Perfecting Amendment No. 1.

HOUSE PERFECTING AMENDMENT NO. 1

     Amend Senate Substitute for House Bill No. 578, Page 3, Section 1, Line 96, by adding immediately after said line, the following:

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

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

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

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

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

     Section 2. Any rule or portion of a rule promulgated pursuant to this bill shall become effective only as provided pursuant to chapter 536, RSMo, including but not limited to section 536.028 RSMo., if applicable, 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 are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028, if applicable, 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 the bill by amending the title and enacting clause accordingly.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House Conference Committee on HS for HCS for HB 472 as amended was dissolved and the House request the Senate recede from Senate Amendment No. 1.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SS for HS for HB 811, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SA 1 to SCA 1; SCA 1, as amended; SSA 1 for SCA 2; SSA 1 for SCA 3; SCA 4; SA 1; SA 2; SA 3; SA 4; SA 1 to SA 5; SA 5 a.a.; SA 6; SA 7; SA 1 to SA 8; SA 8 a.a.; to HCS for HB 288 and request the Senate to recede from its position or, 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 recedes from its position on HA 2 to SB 128, and has again taken up and passed SB 128 as amended.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House recedes from its position on HA 1, as amended, to SB 67, and has again taken up and passed SB 67 as amended.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 171.

     With House Amendments Nos. 1 and 2.

HOUSE AMENDMENT NO. 1

     Amend Senate Bill No. 171, Page 1, In the Title, Line 2, by deleting the word "section" and inserting in lieu thereof the following: "sections 327.101 and"; and

     Further amend said bill, Page 1, In the Title, Line 3, by deleting the words "one new section" and inserting in lieu thereof the words "two new sections"; and

     Further amend said bill, Page 1, Section A, Lines 1 and 2, by deleting all of said lines and inserting in lieu thereof the following:

     "Section A. Sections 327.101 and 429.015, RSMo 1994, are repealed and two new sections enacted in lieu thereof, to be known as sections 327.101 and 429.015, to read"; and

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

     "327.101. No person shall practice architecture in Missouri as defined in section 327.091 unless and until there is issued to [him] the person a certificate of registration or a certificate of authority certifying that [he] the person has been duly registered as an architect or authorized to practice architecture, in Missouri, and unless such certificate has been renewed as hereinafter specified; provided, however, that nothing in this chapter shall apply to the following persons:

     (1) Any person who is an employee of a person holding a currently valid certificate of registration as an architect or who is an employee of any person holding a currently valid certificate of authority [under] pursuant to this chapter, and who performs architectural work under the direction and continuing supervision of and is checked by one holding a currently valid certificate of registration as an architect [under] pursuant to this chapter;

     (2) Any person who is a regular full-time employee who performs architectural work for [his] the person's employer if and only if all such work and service so performed is in connection with a facility owned or wholly operated by the employer and which is occupied by the employer of the employee performing such work or service, and if and only if such work and service so performed do not endanger the public health or safety;

     (3) Any holder of a currently valid certificate as a registered professional engineer who performs only such architectural work as is incidental and necessary to the completion of engineering work lawfully being performed by such registered professional engineer;

     (4) Any person who is a landscape architect, city planner or regional planner who performs work consisting only of consultations concerning and preparation of master plans for parks, land areas or communities, or the preparation of plans for and the supervision of the planting and grading or the construction of walks and paving for parks or land areas and such other minor structural features as fences, steps, walls, small decorative pools and other construction not involving structural design or stability and which is usually and customarily included within the area of work of a landscape architect or planner;

     (5) Any person who renders architectural services in connection with the construction, remodeling or repairing of any privately owned building described in paragraphs (a), (b), (c), (d), and (e) which follow, and who indicates on any drawings, specifications, estimates, reports or other documents furnished in connection with such services that [he] the person is not a registered architect:

     (a) A dwelling house; or

     (b) A multiple family dwelling house, flat or apartment containing not more than two families; or

     (c) A commercial or industrial building or structure which provides for the employment, assembly, housing, sleeping or eating of not more than nine persons; or

     (d) Any one structure containing less than twenty thousand cubic feet, except as provided in (b) and (c) above, and which is not a part or a portion of a project which contains more than one structure; or

     (e) A building or structure used exclusively for farm purposes[.];

     (6) Any person who renders architectural services in connection with the remodeling or repairing of any privately owned building described in paragraphs (a), (c), (d) and (e) of subdivision (5) of this section or for a multiple family dwelling house, flat or apartment containing not more than four families, and who indicates on any drawings, specifications, estimates, reports or other documents furnished in connection with such services that the person is not a registered architect.".

HOUSE AMENDMENT NO. 2

     Amend Senate Bill No. 171, Page 4, Section 429.015, Line 86, by inserting after said line:

     "8) The agreement is in writing".

     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 refuses to recede from its position on HS for SCS for SBs 49, 213, 130, 32, 235 and 221, 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 Speaker has appointed the following conferees to act with a like committee from the Senate on HS for SCS for SBs 49, 213, 130, 32, 235 and 221, as amended: Representatives: Crump, Leake, Koller, Marble and Lograsso.

     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 SB 358, 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 Speaker has appointed the following conferees to act with a like committee from the Senate on SB 358, as amended: Representatives: Gratz, Luetkenhaus, Dougherty, Griesheimer and Hartzler (124).

     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 SCS for SB 165, 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 Speaker has appointed the following conferees to act with a like committee from the Senate on HCS for SS for SCS for SB 165, as amended: Representatives: Rizzo, Scheve, Tate, Cooper and Pouche.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SS for SB 275.

     Bill ordered enrolled.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SB 358, as amended: Senators Curls, Howard, Jacob, Rohrbach and Sims.

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HS for SCS for SBs 49, 213, 130, 32, 235 and 221, as amended: Senators Staples, Kinder, McKenna, DePasco and Yeckel.

PRIVILEGED MOTIONS

     Senator Quick moved that the Senate refuse to recede from its position on SS for HS for HB 811, as amended, and grant the House 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 HS for HB 811, as amended: Senators Quick, Caskey, Staples, Sims and Yeckel.

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

PRIVILEGED MOTIONS

     Senator Goode moved that the Senate refuse to recede from its position on SA 1 to SCA 1; SCA 1, as amended; SSA 1 for SCA 2; SSA 1 for SCA 3; SCA 4; SA 1; SA 2; SA 3; SA 4; SA 1 to SA 5; SA 5 a.a.; SA 6; SA 7; SA 1 to SA 8; SA 8 a.a. to HCS for HB 288 and grant the House a conference thereon, which motion prevailed.

     Senator Klarich moved that the Senate recede from its position on SA 1 to HS for HCS for HB 472, as amended, 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
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--Clay--1
Absent with leave--Senators--Flotron--1

     The President Pro Tem 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.

HOUSE BILLS ON THIRD READING

     Senator Banks moved that HB 32, with SCS and SA 4 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SA 4 was again taken up.

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

     Senator Banks offered SS for SCS for HB 32, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 32

     An Act relating to certain health care providers.

     Senator Banks moved that SS for SCS for HB 32 be adopted.

     Senator Wiggins offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Bill No. 32, Page 4, Section 6, Line 4, by inserting after all of said line the following:

     "Section 7. No physician shall perform an abortion unless the physician first obtains a medical malpractice insurance policy covering personal injury or death to the physician's abortion patients arising out of the rendering of or the failure to render health care services by the physician while performing abortions. The insurance policy shall be sufficient to satisfy a damage award of five hundred thousand dollars.".

     Senator Wiggins moved that the above amendment be adopted.

     Senator Banks raised the point of order that SA 1 is out of order in that it goes beyond the subject matter of the bill.

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

     Senator Jacob raised the point of order that SA 1 is out of order in that it is incorrectly drafted.

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

     President Wilson assumed the Chair.

     President McKenna resumed the Chair.

     The President Pro Tem ruled the point of order raised by Senator Banks well taken and the point of order raised by Senator Jacob well taken.

     Senator Mueller offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 32, Page 3, Section 2, Line 22, by deleting all of said line; and

     Further amend said bill, page 4, Section 2, lines 1-13, by deleting all of said lines and place in lieu thereof:

     "(9) Meet the following quality standards in accordance with guidelines established by the Missouri Board of Healing Arts.".

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

     Senator Kenney offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 32, Page 1, In the Title, Line 2, by striking all of said line and inserting in lieu thereof the following:

"To repeal section 191.227, RSMo 1994, relating to certain health care providers, and to enact in lieu thereof seven new sections relating to the same subject."; and

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

     "Section A. Section 191.227, RSMo 1994, is repealed and seven new sections enacted in lieu thereof, to be known as sections 191.227, 1, 2, 3, 4, 5 and 6, to read as follows:

     191.227. 1. All physicians, chiropractors, hospitals, dentists, and other duly licensed practitioners in this state, herein called "providers", shall, upon written request of a patient, or guardian or legally authorized representative of a patient, furnish a copy of his record of that patient's health history and treatment rendered to the person submitting a written request, except that such right shall be limited to access consistent with the patient's condition and sound therapeutic treatment as determined by the provider. [Beginning August 28, 1994,] Such record shall be furnished within a reasonable time of the receipt of the request therefor and upon payment of a handling fee of [fifteen] twenty-five dollars plus a fee of thirty-five cents per page for copies of documents made on a standard photocopy machine.

     2. Notwithstanding provisions of this section to the contrary, providers may charge for the reasonable cost of all duplications of medical record material or information which cannot routinely be copied or duplicated on a standard commercial photocopy machine.

      3. The transfer of the patient's record done in good faith shall not render the provider liable to the patient or any other person for any consequences which resulted or may result from disclosure of the patient's record as required by this section.".

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

     Senator Jacob offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 32, at the end, by inserting after all of said line the following:

     "334.253. 1. A physician may not make a referral to an entity for the furnishing of any physical therapy services with whom the physician, physician's employer, or immediate family member of such referring physician has a financial relationship. A financial relationship exists if the referring physician, the referring physician's employer, or immediate family member:

     (1) Has a direct or indirect ownership or investment interest in the entity whether through equity, debt, or other means; or

     (2) Receives remuneration from a compensation arrangement from the entity for the referral.

     2. The following financial arrangements shall be exempt from disciplinary action under this section:

     (1) When the entity with whom the referring physician has an ownership or investment interest is the sole provider of the physical therapy service within a rural area;

     (2) When the referring physician owns registered securities issued by a publicly held corporation or publicly traded limited partnership, the shares of which are traded on a national exchange or the over-the-counter market, provided that such referring physician's interest in the publicly held corporation or publicly traded limited partnership is less than five percent and the referring physician does not receive any compensation from such publicly held corporation or publicly traded limited partnership other than as any other owner of the shares of such publicly held corporation or publicly traded limited partnership;

     (3) When the referring physician has an interest in real property resulting in a landlord-tenant relationship between the physician and the entity in which the equity interest is held, unless the rent is determined, in whole or in part, by the business volume or profitability of the tenant or is otherwise unrelated to fair market value;

     (4) When the indirect ownership in the entity is by means of a bona fide debt incurred in the purchase or acquisition of the entity for a price which does not in any manner reflect the potential source of referrals from the physician with the indirect interest in the entity and the terms of the debt are fair market value, and neither the amount or the terms of the debt in any manner, directly or indirectly, constitutes a form of compensating such physician for the source of his business;

     (5) When such physician's employer is a health maintenance organization as defined in subdivision (6) of section 376.960, RSMo, and such health maintenance organization owns or controls other organizations which furnish physical therapy services so long as the referral is to such owned or controlled organization and the physician does not also have a direct or indirect ownership or investment interest in such organization, physical therapy services or the health maintenance organization and the referring physician does not receive any remuneration as the result of the referral;

     (6) When such physician's employer is a hospital defined in section 197.020, RSMo, and such hospital owns or controls other organizations which furnish physical therapy services so long as the referral is to such owned or controlled organization and the physician does not also have a direct or indirect ownership or investment interest in such organization, physical therapy service, or the hospital and the referring physician does not receive any remuneration as the result of the referral.

     3. [The provisions of sections 334.252 and 334.253 shall become effective January 1, 1995] The provisions of this section shall not apply to physiatrists."; and

     Further amend the title and enacting clause accordingly.

     Senator Jacob moved that the above amendment be adopted.

     Seantor Caskey raised the point of order that SA 4 is out of order in that the amendment goes beyond the scope and purpose of the original bill.

     President Pro Tem McKenna ruled the point of order well taken.

     Senator Maxwell offered SA 5:

SENATE AMENDMENT NO. 5

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 32, Page 7, Section 6, Line 6, by inserting immediately after said line the following:

     "Section B. Sections 376.1399 and 536.028 from senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 335 as truly agreed to and finally passed by the first regular session of the eighty-ninth general assembly and section 14 from senate amendment no. 26 to senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 335 as truly agreed to and finally passed by the first regular session of the eighty-ninth general assembly are repealed and two new sections enacted in lieu thereof, to be known as sections 376.1399 and 14, to read as follows:

     376.1399. The director may, after notice and hearing, promulgate reasonable rules to carry out the provisions of sections 376.1350 to 376.1390. Any rule or portion of a rule promulgated shall become effective only as provided in chapter 536, RSMo.

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

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

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

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

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

     [536.028. 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.]

     Section 14. The director may, after notice and hearing, promulgate reasonable rules to carry out the provisions of sections 1 to 11. Any rule or portion of a rule promulgated shall become effective only as provided in chapter 536, RSMo.

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

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

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

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

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

     Further amend the title and enacting clause accordingly.

     Senator Maxwell moved that the above amendment be adopted.

     Senator Rohrbach raised the point of order that SA 5 is out of order in that it goes beyond the scope of the bill.

     The point of order was referred to the President Pro Tem, who ruled it not well taken.

     At the request of Senator Maxwell, SA 5 was withdrawn.

     Senator Jacob offered SA 6:

SENATE AMENDMENT NO. 6

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 32, at the end, by inserting after all of said line the following:

     "334.253. 1. A physician may not make a referral to an entity for the furnishing of any physical therapy services with whom the physician, physician's employer, or immediate family member of such referring physician has a financial relationship. A financial relationship exists if the referring physician, the referring physician's employer, or immediate family member:

     (1) Has a direct or indirect ownership or investment interest in the entity whether through equity, debt, or other means; or

     (2) Receives remuneration from a compensation arrangement from the entity for the referral.

     2. The following financial arrangements shall be exempt from disciplinary action under this section:

     (1) When the entity with whom the referring physician has an ownership or investment interest is the sole provider of the physical therapy service within a rural area;

     (2) When the referring physician owns registered securities issued by a publicly held corporation or publicly traded limited partnership, the shares of which are traded on a national exchange or the over-the-counter market, provided that such referring physician's interest in the publicly held corporation or publicly traded limited partnership is less than five percent and the referring physician does not receive any compensation from such publicly held corporation or publicly traded limited partnership other than as any other owner of the shares of such publicly held corporation or publicly traded limited partnership;

     (3) When the referring physician has an interest in real property resulting in a landlord-tenant relationship between the physician and the entity in which the equity interest is held, unless the rent is determined, in whole or in part, by the business volume or profitability of the tenant or is otherwise unrelated to fair market value;

     (4) When the indirect ownership in the entity is by means of a bona fide debt incurred in the purchase or acquisition of the entity for a price which does not in any manner reflect the potential source of referrals from the physician with the indirect interest in the entity and the terms of the debt are fair market value, and neither the amount or the terms of the debt in any manner, directly or indirectly, constitutes a form of compensating such physician for the source of his business;

     (5) When such physician's employer is a health maintenance organization as defined in subdivision (6) of section 376.960, RSMo, and such health maintenance organization owns or controls other organizations which furnish physical therapy services so long as the referral is to such owned or controlled organization and the physician does not also have a direct or indirect ownership or investment interest in such organization, physical therapy services or the health maintenance organization and the referring physician does not receive any remuneration as the result of the referral;

     (6) When such physician's employer is a hospital defined in section 197.020, RSMo, and such hospital owns or controls other organizations which furnish physical therapy services so long as the referral is to such owned or controlled organization and the physician does not also have a direct or indirect ownership or investment interest in such organization, physical therapy service, or the hospital and the referring physician does not receive any remuneration as the result of the referral.

     3. [The provisions of sections 334.252 and 334.253 shall become effective January 1, 1995] The provisions of this section shall not apply to physiatrists or to any essential community provider."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Westfall offered SA 7:

SENATE AMENDMENT NO. 7

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 32, Page 5, Section 4, Line 19, by inserting following said line:

"No healthcare insurer shall be required to offer a provider contract to an essential community provider.".

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

     President Wilson resumed the Chair.

     Senator Banks moved that SS for SCS for HB 32, as amended, be adopted, which motion prevailed.

     On motion of Senator Banks, SS for SCS for HB 32, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoEhlmannGoode
GravesHouseHowardJacob
JohnsonKenneyKlarichLybyer
MathewsonMaxwellQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators
KinderMueller--2
Absent--Senators
BentleyMcKenna--2
Absent with leave--Senators--Flotron--1

     The President declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

     Having voted on the prevailing side, Senator Maxwell moved that the vote to lay on the table the motion to reconsider the vote by which HJR 11 passed be reconsidered, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannGoode
GravesHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators
ClayHouse--2
Absent--Senators--McKenna--1
Absent with leave--Senators--Flotron--1

     Having voted on the prevailing side, Senator Maxwell moved that the vote by which the title to HJR 11 was agreed to be reconsidered, which motion prevailed by the following vote:
Yeas--Senators
BanksCaskeyChildersCurls
DePascoEhlmannGoodeGraves
HowardJacobJohnsonKenney
KinderKlarichLybyerMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--28
Nays--Senators
ClayHouse--2
Absent--Senators
BentleyMathewsonStaples--3
Absent with leave--Senators--Flotron--1

     Having voted on the prevailing side, Senator Maxwell moved that the vote by which HJR 11 was read the third time and finally passed be reconsidered, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannGoode
GravesHowardJacobJohnson
KenneyKinderLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--House--1
Absent--Senators
CurlsKlarich--2
Absent with leave--Senators--Flotron--1

     Having voted on the prevailing side, Senator Maxwell moved that the vote by which SA 1 was adopted be reconsidered, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
GoodeGravesHowardJacob
JohnsonKenneyKlarichLybyer
MathewsonMaxwellMuellerQuick
RohrbachRussellSchneiderSims
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators--House--1
Absent--Senators
KinderMcKennaScott--3
Absent with leave--Senators--Flotron--1

     SA 1 was again taken up.

     Senator Maxwell offered SSA 1 for SA 1:

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

     Amend House Joint Resolution No. 11, Page 1, In the Title, Line 3, by striking the following: "joint municipal utility commission revenue bonds" and inserting in lieu thereof the following: "the provisions of certain public services"; and

     Further amend said bill and page, the preamble, line 4, by striking the following: "the following amendment" and inserting in lieu thereof the following: "by two separate questions, the following amendments"; and

     Further amend said bill, page 2, section 27, line 22, by inserting immediately after all of said line the following:

     "Section B. Article VI, Constitution of Missouri, is amended by adding thereto one new section, to be known as section 30(c), to read as follows:

     Section 30(c). Any entity created pursuant to Article VI, Section 30(a) of this Constitution which adopts or has adopted a charter for its own government, shall have all powers which the general assembly of the state of Missouri has authority to confer upon such entity, provided such powers are consistent with the constitution of this state and are not limited or denied either by the charter so adopted or by statute."; and

     Further amend the title and enacting clause accordingly.

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

     On motion of Senator Maxwell, HJR 11, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--32
Nays--Senators--None
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.

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 411, 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 411, entitled:

     An Act to repeal sections 193.085, 193.087, 193.145, 193.215, 210.822, 210.832, 210.834, 210.839, 210.841, 210.842, 285.300, 285.302, 285.304, 288.250, 451.040, 452.305, 452.315, 452.345, 452.350, 452.370, 454.410, 454.415, 454.425, 454.440, 454.500, 454.455, 454.460, 454.465, 454.470, 454.475, 454.476, 454.485, 454.490, 454.495, 454.496, 454.505, 454.512, 454.513, 454.514, 454.515, 454.516, 454.517, 454.518, 454.519, 454.603, 454.808, 486.225 and 620.145, RSMo 1994, and sections 210.842, 452.345, 454.400, 454.850, 454.855, 454.860, 454.862, 454.867, 454.869, 454.871, 454.877, 454.880, 454.882, 454.885, 454.887, 454.890, 454.895, 454.897, 454.900, 454.902, 454.905, 454.907, 454.910, 454.912, 454.915, 454.917, 454.927, 454.930, 454.932, 454.935, 454.937, 454.940, 454.942, 454.945, 454.947, 454.950, 454.952, 454.955, 454.957, 454.960, 454.962, 454.965, 454.967, 454.970, 454.972, 454.975, 454.977, 454.979, and 454.980, RSMo Supp. 1996, and to enact in lieu thereof one hundred twenty-nine new sections for the purpose of complying with federal mandates for child support enforcement, with penalty provisions, an effective date for certain sections and an emergency clause.

     Was taken up by Senator Caskey.

     Senator Caskey offered SS for HCS for HB 411, entitled:

SENATE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 411

     An Act to repeal sections 193.085, 193.087, 193.145, 193.215, 210.822, 210.832, 210.834, 210.839, 210.841, 210.842, 285.300, 285.302, 285.304, 288.250, 301.020, 301.190, 379.116, 451.040, 452.305, 452.315, 452.345, 452.350, 452.370, 454.410, 454.415, 454.425, 454.440, 454.500, 454.455, 454.460, 454.465, 454.470, 454.475, 454.476, 454.485, 454.490, 454.495, 454.496, 454.505, 454.512, 454.513, 454.514, 454.515, 454.516, 454.517, 454.518, 454.519, 454.603, 454.808, 486.225 and 620.145, RSMo 1994, and sections 210.842, 452.340, 452.345, 454.400, 454.850, 454.855, 454.860, 454.862, 454.867, 454.869, 454.871, 454.877, 454.880, 454.882, 454.885, 454.887, 454.890, 454.895, 454.897, 454.900, 454.902, 454.905, 454.907, 454.910, 454.912, 454.915, 454.917, 454.927, 454.930, 454.932, 454.935, 454.937, 454.940, 454.942, 454.945, 454.947, 454.950, 454.952, 454.955, 454.957, 454.960, 454.962, 454.965, 454.967, 454.970, 454.972, 454.975, 454.977, 454.979, and 454.980, RSMo Supp. 1996, and to enact in lieu thereof one hundred thirty-eight new sections for the purpose of complying with federal mandates for child support enforcement, with penalty provisions, an effective date for certain sections and an emergency clause.

     Senator Caskey moved that SS for HCS for HB 411 be adopted.

     Senator Maxwell offered SA 1:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for House Committee Substitute for House Bill No. 411, Page 3, Section A, Line 4 of said page, by inserting immediately after all of said line the following:

     "30.255. Beginning July 1, 1998, the state treasurer shall, when making a new deposit of state funds, continuing an existing demand deposit of state funds, or renewing an existing time deposit of state funds beyond the expiration date of the deposit in any financial institution, review and consider the depository institutions' lending record, giving consideration to, among other factors, whether:

(1) The institution has been given by the appropriate federal regulatory agency a written evaluation of the institution's record of meeting the credit needs of its entire community, including low and moderate income neighborhoods, pursuant to the federal Community Reinvestment Act of 1977, as amended, 12 U.S.C. 2905; and

(2) The most recent evaluation of the institution includes a rating of "needs to improve record of meeting community credit needs" or "substantial noncompliance of meeting community credit needs", or categories substantially comparable if said federal law is amended.

     135.240. The provisions of subdivision (3) of section 135.225 and section 135.230 shall apply to employees determined to:

     (1) Be difficult to employ. For the purpose of this section, "a person difficult to employ" shall mean a person who was unemployed for at least three months immediately prior to being employed at the new business facility in the enterprise zone; or

     (2) Be eligible for public assistance in accordance with eligibility standards for aid to families with dependent children in effect on July 16, 1996 or be eligible for funds from the temporary assistance for needy families block grant program or general relief programs.

     167.260. 1. Any local school district offering to all pupils who are eligible by age pursuant to section 163.017, RSMo a full day of kindergarten within the school calendar as prepared pursuant to section 171.031, RSMo, shall be eligible for state aid for a program for developmentally delayed and free reduced price lunch eligible children ages three and four as defined in section 178.691, RSMo, and for children from at-risk families as defined in section 167.273. State aid shall be provided for no more than a half-day program within the district's school calendar. At a minimum such eligible child shall reach the age of three before the first day of [October] August prior to the start of the school year. Such program shall emphasize social skills, physical development and preparation for kindergarten.

     2. Any school district offering instruction to children ages three and four shall receive subject to appropriations additional state aid based on the count of children ages three and four enrolled in the district's program and eligible for free and reduced price lunch divided by two multiplied by the guaranteed tax base as defined in subsection (7) of section 163.011, RSMo, multiplied by the operation levy for school purposes as defined in subsection (9) of section 163.011, RSMo.

     [2.] 3. The state board of education shall approve such programs and distribute state aid."; and

     Further amend said bill, Page 12, Section 193.215, Line 25 of said page, by inserting immediately after all of said line the following:

     "205.770. 1. In any county of the second class in this state there may be created and established by order of the county commission of any such county a board which shall be styled "The Social Welfare Board of the County of .........".

     2. [All powers and duties connected with and incident to the betterment of social and physical causes of dependency, the relief and care of the indigent, and the care of sick dependents, with the exception of the mentally ill and those suffering with contagious, infectious and transmissible diseases shall be exclusively invested in and exercised by the board.

     3.] The board shall have power to receive and expend donations for social welfare and medical purposes and shall have [exclusive] control over the distribution and expenditure of any public funds set aside and appropriated by such counties and by any city located in any such county for the relief of the temporarily dependent. The board shall have power to promote the general welfare of the poor within the limits of such counties by [social and sanitary reforms, by industrial instruction, by the inculcation of habits of providence and self-dependence, and by the establishment and maintenance of any activities to these ends] providing medical care and emergency assistance. The board shall have power to sue and be sued, complain and defend in all courts, to assume the care of or take, by gift, grant, devise, bequest or otherwise, any money, real estate, personal property, right of property, or other valuable things, and may use, enjoy, control, sell or convey the same for charitable purposes, to have and to use a common seal and alter the same at pleasure.

     [4.] 3. The board may make bylaws for its own guidance, rules and regulations for the government of its agents, servants and employees, and for the distribution of the funds under its control.

     [5.] 4. If any second class county which has established a social welfare board pursuant to the provisions of this section, subsequently becomes a first class or a third class county, such county may retain its social welfare board and continue to function pursuant to the provisions of sections 205.770 to 205.840.

     205.780. [Said] This board shall have the [exclusive] power to make [all suitable provisions for the relief, maintenance and support of all indigent persons within said county and within any city in said county who may appropriate for the support of said board, and to make suitable provisions for the care and maintenance to the sick dependents and those who are unable to support themselves; to enforce the laws of the state, the ordinances of such cities located within said county, in regard to the indigent, and to make] such rules and regulations in the conduct of its business not inconsistent with the laws of the state of Missouri and the ordinances of such cities[; to have exclusive control, care and management of all public hospitals owned or operated by said counties or said cities, except those for the care of the insane and those suffering with contagious, infectious and transmissible diseases; to recommend to the common council of said city the passage of such ordinances as said board may deem necessary for the welfare of the indigent of said city; to]. This board will have the power to appoint competent physicians and surgeons, who shall hold their office at the pleasure of said board, at a salary to be fixed by said board, and said physicians and surgeons shall perform such duties as may be prescribed by said board, and shall render medical attendance to all those who may come within the provisions of this law; [said] this board shall have the power and it shall be the duty of [said] this board to employ and discharge all persons or officers in their judgment necessary to carry out the matters over which [said] this board is given jurisdiction or control.

     205.790. 1. [Said] This board shall be nonpartisan and nonsectarian in character, and the members and officers thereof shall receive no compensation as such.

     2. [Said] This board shall consist of the mayor of such cities and the presiding commissioner of the county commission of such counties, who shall be ex officio members thereof, and six other members, three of whom shall be appointed by the county commission of such counties, who shall hold office, one for one year, one for two years and one for three years, whose terms of office shall be designated by such county commission, three by the mayor and common council of such cities, who shall hold office, one for one year, one for two years and one for three years, whose terms of office shall be designated by the mayor.

     3. Whenever the term of office of any member so appointed expires, the appointment of his successor shall be for three years. All such appointments shall date from the first of June following their appointment.

     4. Vacancies from any causes shall be filled in like manner as original appointment. The mayor may, for misconduct or neglect of duty, remove any member appointed by him in the manner required for removal of officers of such cities. The county commission may, by a majority vote, for misconduct or neglect of duty, remove any member appointed by them.

     205.820. It shall be the duty of said board to keep a record of its proceedings and of its receipts, expenditures and operations, and shall annually render a full and complete itemized report, stating the condition of their trust, together with such other suggestions as they may deem of general interest to the mayor and [common] city council of said cities and the county commission of said counties; provided, said board shall render reports concerning receipts, expenditures, operations, etc., whenever called for by the [common] city council of said cities or the county commission of said counties.

     205.830. 1. It shall be the duty of said board, when any person by himself, herself, or another apply for relief to make immediate inquiry [into the state and circumstances of the applicant, and if it shall appear that he or she is in such indigent circumstances as to require temporary relief, the said board shall furnish, out of the funds in their hands, such relief as the circumstances of the case may require; provided, that in all cases where the applicant for aid may be found dependent and said applicant or member of said applicant's family is an able-bodied male person capable of performing manual labor, said board shall require such person to perform work to the value of the aid given, and the city engineer and the street commissioners of such cities in their respective departments are required to utilize the services of such able-bodied persons upon receiving notice from said board that such person has received or is entitled to such aid. Where the applicant or a member of the applicant's family is an able-bodied female, said board shall, whenever practicable, require that labor to the value of the aid given be performed. They shall make investigations of cases of dependence for individuals or other charitable organizations and furnish such reports upon the same as in their judgment seems advisable.

     2. Their office shall be a center of intercommunication between the various charitable agencies in the city. They shall foster harmonious cooperation between them and endeavor to eradicate the evils of overlapping relief, and for this purpose shall maintain a confidential registration bureau.

     3. When it is impossible to repress mendicancy by the above means they shall prosecute imposters. They shall carefully work out such plans for helping families to self-dependence as may seem most practicable. They shall make concentrated attack on social causes of hardship, such as unsanitary housing, child labor, extortionate charges by pawnshops, salary loan and chattel mortgage agreements] to determine if such person is eligible for such relief.

     207.010. The [division of family services is an integral part of the] department of social services [and] shall have and exercise all the powers and duties necessary to carry out fully and effectively the purposes assigned to it by law and shall be the state agency to:

     (1) Administer state plans and laws involving [aid to dependent children] the Missouri families work program and any program established subsequent to the passage of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended;

     (2) Aid or relief in case of public calamity;

     (3) Aid for direct relief;

     (4) Child welfare services;

     (5) Social services to families and adults;

     (6) Pensions and services for the blind; and

     (7) Any other duties relating to public assistance and social services which may be imposed upon the department of social services.

     208.010. 1. In determining the eligibility of a claimant for public assistance [under this law] pursuant to this chapter, it shall be the duty of the division of family services to consider and take into account all facts and circumstances surrounding the claimant, including [his] the claimant's living conditions, earning capacity, income and resources, from whatever source received, and if from all the facts and circumstances the claimant is not found to be in need, assistance shall be denied. In determining the need of a claimant, the costs of providing medical treatment which may be furnished under sections 208.151 to 208.158 and 208.162 shall be disregarded. The amount of benefits, when added to all other income, resources, support, and maintenance shall provide such persons with reasonable subsistence compatible with decency and health in accordance with the standards developed by the division of family services; provided, when a husband and wife are living together, the combined income and resources of both shall be considered in determining the eligibility of either or both. "Living together" for the purpose of this chapter is defined as including a husband and wife separated for the purpose of obtaining medical care or nursing home care, except that the income of a husband or wife separated for such purpose shall be considered in determining the eligibility of his or her spouse, only to the extent that such income exceeds the amount necessary to meet the needs (as defined by rule or regulation of the division) of such husband or wife living separately. In determining the need of a claimant in federally aided programs there shall be disregarded such amounts per month of earned income in making such determination as shall be required for federal participation by the provisions of the federal Social Security Act (42 U.S.C.A. 301 et seq.), or any amendments thereto. When federal law or regulations require the exemption of other income or resources, the division of family services may provide by rule or regulation the amount of income or resources to be disregarded. In determining the eligibility of a claimant pursuant to this section, the division of family services shall make all appropriate inquiries with the division of employment security, department of revenue and other such agencies and divisions prior to the issuance of such public assistance benefits. Should benefits be awarded on a temporary or emergency basis, such eligibility for benefits shall be terminated within thirty days unless the determining division has reverified and substantiated a continued need.

     2. Benefits shall not be payable to any claimant who:

     (1) Has or whose spouse with whom [he] the claimant is living has, prior to July 1, 1989, given away or sold a resource within the time and in the manner specified in this subdivision. In determining the resources of an individual, unless prohibited by federal statutes or regulations, there shall be included (but subject to the exclusions [under] pursuant to subdivisions (4) and (5) of this subsection, and subsection 4 of this section) any resource or interest therein owned by such individual or spouse within the twenty-four months preceding the initial investigation, or at any time during which benefits are being drawn, if such individual or spouse gave away or sold such resource or interest within such period of time at less than fair market value of such resource or interest for the purpose of establishing eligibility for benefits, including but not limited to benefits based on December, 1973, eligibility requirements, as follows:

     (a) Any transaction described in this subdivision shall be presumed to have been for the purpose of establishing eligibility for benefits or assistance [under] pursuant to this chapter unless such individual furnishes convincing evidence to establish that the transaction was exclusively for some other purpose;

     (b) The resource shall be considered in determining eligibility from the date of the transfer for the number of months the uncompensated value of the disposed of resource is divisible by the average monthly grant paid or average medicaid payment in the state at the time of the investigation to an individual or on his or her behalf [under] pursuant to the program for which benefits are claimed, provided that:

     a. When the uncompensated value is twelve thousand dollars or less, the resource shall not be used in determining eligibility for more than twenty-four months; or

     b. When the uncompensated value exceeds twelve thousand dollars, the resource shall not be used in determining eligibility for more than sixty months;

     (2) The provisions of subdivision (1) of this subsection [2 of this section] shall not apply to a transfer, other than a transfer to claimant's spouse, made prior to March 26, 1981, when the claimant furnishes convincing evidence that the uncompensated value of the disposed of resource or any part thereof is no longer possessed or owned by the person to whom the resource was transferred;

     (3) Has received, or whose spouse with whom [he] the claimant is living has received, benefits to which [he] the claimant was not entitled through misrepresentation or nondisclosure of material facts or failure to report any change in status or correct information with respect to property or income as required by section 208.210. A claimant ineligible [under] pursuant to this subsection shall be ineligible for such period of time from the date of discovery as the division of family services may deem proper; or in the case of overpayment of benefits, future benefits may be decreased, suspended or entirely withdrawn for such period of time as the division may deem proper;

     (4) Owns or possesses resources in the sum of one thousand dollars or more; provided, however, that if such person is married and living with spouse, he or she or they, individually or jointly, may own resources not to exceed two thousand dollars; and provided further, that in the case of an [aid to families with dependent children claimant] individuals receiving benefits through the work first program, the provision of this subsection shall not apply;

     (5) Prior to October 1, 1989, owns or possesses property of any kind or character, excluding amounts placed in an irrevocable prearranged funeral or burial contract pursuant to subsection 2 of section 436.035, RSMo, and subdivision (5) of subsection 1 of section 436.053, RSMo, or has an interest in property, of which [he] the claimant is the record or beneficial owner, the value of such property, as determined by the division of family services, less encumbrances of record, exceeds twenty-nine thousand dollars, or if married and actually living together with husband or wife, if the value of his or her property, or the value of his or her interest in property, together with that of such husband and wife, exceeds such amount;

     (6) In the case of [aid to families with dependent children] individuals receiving benefits through the work first program, if the parent, stepparent, and child or children in the home owns or possesses property of any kind or character, or has an interest in property for which he or she is a record or beneficial owner, the value of such property, less encumbrances of record and excluding the home occupied by the claimant, as determined by the division of family services [and as allowed by federal law or regulation, less encumbrances of record, exceeds one thousand dollars, excluding the home occupied by the claimant, amounts placed in an irrevocable prearranged funeral or burial contract pursuant to subsection 2 of section 436.035, RSMo, and subdivision (5) of subsection 1 of section 436.053, RSMo, one automobile which shall not exceed a value set forth by federal law or regulation and for a period not to exceed six months, such other real property which the family is making a good-faith effort to sell, if the family agrees in writing with the division of family services to sell such property and from the net proceeds of the sale repay the amount of assistance received during such period. If the property has not been sold within six months, or if eligibility terminates for any other reason, the entire amount of assistance paid during such period shall be a debt due the state] exceeds the maximum amount established through regulation by the department of social services, division of family services. This maximum shall not be less than one thousand dollars. Each individual participating in the work first program shall be allowed to exclude one automobile from this determination;

     (7) Is an inmate of a public institution, except as a patient in a public medical institution.

     3. In determining eligibility and the amount of benefits to be granted [under] pursuant to federally aided programs, the income and resources of a relative or other person living in the home shall be taken into account to the extent the income, resources, support and maintenance are allowed by federal law or regulation to be considered.

     4. In determining the total property owned [under] pursuant to subdivision (5) of subsection 2 of this section, or resources, of any person claiming or for whom public assistance is claimed, there shall be disregarded any life insurance policy, or prearranged funeral or burial contract, or any two or more policies or contracts, or any combination of policies and contracts, which provides for the payment of one thousand five hundred dollars or less upon the death of any of the following:

     (1) A claimant or person for whom benefits are claimed; or

     (2) The spouse of a claimant or person for whom benefits are claimed with whom [he] the claimant is living. If the value of such policies exceeds one thousand five hundred dollars, then the total value of such policies may be considered in determining resources; [except that, in the case of aid to families with dependent children, there shall be disregarded any prearranged funeral or burial contract, or any two or more contracts, which provides for the payment of one thousand five hundred dollars or less per family member] and provided further that in the case of individuals receiving work first program benefits the provision of this subsection shall not apply.

     5. Beginning September 30, 1989, when determining the eligibility of institutionalized spouses, as defined in 42 USC section 1396r-5, for medical assistance benefits as provided for in section 208.151 and 42 USC sections 1396a et seq., the division of family services shall comply with the provisions of the federal statutes and regulations. As necessary, the division shall by rule or regulation implement the federal law and regulations which shall include but not be limited to the establishment of income and resource standards and limitations. The division shall require:

     (1) That at the beginning of a period of continuous institutionalization that is expected to last for thirty days or more, the institutionalized spouse, or the community spouse, may request an assessment by the division of family services of total countable resources owned by either or both spouses;

     (2) That the assessed resources of the institutionalized spouse and the community spouse may be allocated so that each receives an equal share;

     (3) That upon an initial eligibility determination, if the community spouse's share does not equal at least twelve thousand dollars, the institutionalized spouse may transfer to the community spouse a resource allowance to increase the community spouse's share to twelve thousand dollars;

     (4) That in the determination of initial eligibility of the institutionalized spouse, no resources attributed to the community spouse shall be used in determining the eligibility of the institutionalized spouse, except to the extent that the resources attributed to the community spouse do exceed the community spouse's resource allowance as defined in 42 USC section 1396r-5;

     (5) That beginning in January, 1990, the amount specified in subdivision (3) of this subsection shall be increased by the percentage increase in the consumer price index for all urban consumers between September, 1988, and the September before the calendar year involved; and

     (6) That beginning the month after initial eligibility for the institutionalized spouse is determined, the resources of the community spouse shall not be considered available to the institutionalized spouse during that continuous period of institutionalization.

     6. Beginning July 1, 1989, institutionalized individuals shall be ineligible for the periods required and for the reasons specified in 42 USC section 1396p.

     7. The hearings required by 42 USC section 1396r-5 shall be conducted [under] pursuant to the provisions of section 208.080.

     8. Beginning October 1, 1989, when determining eligibility for assistance [under] pursuant to this chapter there shall be disregarded unless otherwise provided by federal or state statutes, the home of the applicant or recipient when the home is providing shelter to the applicant or recipient, or his or her spouse or dependent child. The division of family services shall establish by rule or regulation in conformance with applicable federal statutes and regulations a definition of the home and when the home shall be considered a resource that shall be considered in determining eligibility.

     9. Reimbursement for services provided by an enrolled medicaid provider to a recipient who is duly entitled to Title XIX Medicaid and Title XVIII Medicare Part B, Supplementary Medical Insurance (SMI) shall include payment in full of deductible and coinsurance amounts as determined due [under] pursuant to the applicable provisions of federal regulations pertaining to Title XVIII Medicare Part B, except the applicable Title XIX cost sharing.

     10. A "community spouse" is defined as being the noninstitutionalized spouse.

     208.015. 1. The division of family services shall grant general relief benefits to those persons determined to be eligible [under] pursuant to this chapter and the applicable rules of the division. The director may adopt such additional requirements for eligibility for general relief, not inconsistent with this chapter, which [he] the director deems appropriate.

     2. General relief shall not be granted to any person:

     (1) Who has been approved for federal supplemental security income and was not on the general relief rolls in December, 1973; or

     (2) Who is a recipient of:

     (a) [Aid to families with dependent children] Benefits funded through the work first program;

     (b) Aid to the blind benefits;

     (c) Blind pension benefits; or

     (d) Supplemental aid to the blind benefits.

     3. A person shall not be considered unemployable, [under] pursuant to this section, if unemployability is due to school attendance.

     4. Persons receiving general relief in December, 1973, and who qualify for supplemental security income shall continue to receive a general relief grant if necessary to prevent a reduction in the total cash income received by such person in December, 1973, which general relief grant shall not exceed the amount of general relief provided by law.

     5. In providing benefits to persons applying for or receiving general relief, benefits shall not be provided to any member of a household if the claimant is employable as defined by rule of the division of family services; or if certain specified relatives living in the household of the claimant are employed and have income sufficient to support themselves and their legal dependents and to meet the needs of the claimant as defined by rule of the division. "Specified relatives" shall be defined as the spouse, mother, father, sister, brother, son, daughter, and grandparents of the claimant, as well as the spouses of these relatives, if living in the home.

     6. General relief paid to an unemployable person shall not exceed one hundred dollars a month.

     208.044. 1. The division of family services shall provide child day care services [to any person who meets the qualifications set forth at sections 301 and 302 of the Family Support Act of 1988 (P.L. 100-485)] in accordance with Title VI of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, known as the Child Care and Development Block Grant Amendments of 1996.

     2. The division of family services shall purchase the child day care services required by this section by making payments, in accordance with the Child Care and Development Block Grant Amendments of 1996, and payments made directly to any providers of day care services licensed pursuant to chapter 210, RSMo, or to providers of day care services who are not required by chapter 210, RSMo, to be licensed [because they are providing care to relative children or no more than four children] or by reimbursement to parents for services rendered by such providers.

     [3. When a person who has been eligible and receiving day care services under this section becomes ineligible due to the end of the twelve-month period of transitional day care, as defined in section 208.400, such person may receive day care services from the division of family services if otherwise eligible for such services. Until October 1, 1992, participants eligible for income eligible day care services, as defined by the division of family services, will continue to receive such services in the same proportion as that provided in fiscal year 1989, subject to appropriation.]"; and

     Further amend said bill, Page 14, Section 208.055, Line 8 of said page, by inserting immediately after all of said line the following:

     "208.060. Application for any benefits [under] pursuant to any law of this state administered by the division of family services acting as a state agency shall be filed in the county office. Application for [aid to dependent children] benefits through the work first program shall be made by the person with whom the child will live while receiving aid. All applications shall be in writing, or reduced to writing, upon blank forms furnished by the division of family services, and shall contain such information as may be required by the division of family services or by any federal authority [under] pursuant to the social security law and amendments thereto. The term "benefits" as used herein or in this law shall be construed to mean:

     (1) [Aid to dependent children] Benefits funded through the work first program;

     (2) Aid or public relief to individuals in cases of public calamity;

     (3) Money or services available for child welfare services;

     (4) Any other grant, aid, pension or assistance administered by the division of family services.

     208.075. 1. When an application is made for [aid to dependent children] families work program or aid to the permanently and totally disabled benefits because of the physical or mental condition of a person the division of family services shall require the person to be examined by competent medical or other appropriate authority designated by the division of family services. If benefits are paid because of the physical or mental condition of a person the division of family services may, as often as it deems necessary, require such person to be reexamined by competent medical or other appropriate authority designated by the division of family services. Written reports of examinations and reexaminations shall be required and evaluated by the division of family services in determining eligibility to receive benefits or to continue to receive benefits.

     2. In any appeal hearing as provided for by section 208.080 and the question at issue involves the physical or mental incapacity of a person, regardless of whether assistance has been denied or a recipient has been removed from the assistance rolls, the written reports of the examination or reexamination made by competent medical or other appropriate authority designated by the division of family services, and any written medical reports by other physicians or clinics submitted by claimant, are hereby declared to be competent evidence and admissible as such at the appeal hearing to be considered by the director with any other evidence submitted. Any written medical report purporting to be executed and signed by the medical or other appropriate authority, its agents, or employees shall be prima facie evidence of it being properly executed and signed without further proof of identification.

     208.080. 1. Any applicant for or recipient of benefits or services provided by law by the division of family services may appeal to the director of the division of family services from a decision of a county office of the division of family services in any of the following cases:

     (1) If [his] the applicant's or recipient's right to make application for any such benefits or services is denied; or

     (2) If [his] the applicant's or recipient's application is disallowed in whole or in part, or is not acted upon within a reasonable time after it is filed; or

     (3) If it is proposed to cancel or modify benefits or services; or

     (4) If [he] the applicant or recipient is adversely affected by any determination of a county office of the division of family services in its administration of the programs administered by it; or

     (5) If a determination is made pursuant to subsection 2 of section 208.180 that payment of benefits on behalf of a dependent child shall not be made to the relative with whom [he] such child lives.

     2. If the division proposes to terminate or modify the payment of benefits or the providing of services to the recipient or the division has terminated or modified the payment of benefits or providing of services to the recipient and the recipient appeals, the decision of the director as to the eligibility of the recipient at the time such action was proposed or taken shall be based on the facts shown by the evidence presented at the hearing of the appeal to have existed at the time such action to terminate or modify was proposed or was taken.

     3. In the case of a proposed action by the county office of the division of family services to reduce, modify, or discontinue benefits or services to a recipient, the recipient of such benefits or services shall have ten days from the date of the mailing of notice of the proposed action to reduce, modify, or discontinue benefits or services within which to request an appeal to the director of the division of family services. In the notice to the recipient of such proposed action, the county office of the division of family services shall notify the recipient of all [his] the recipient's rights of appeal [under] pursuant to this section. Proper blank forms for appeal to the director of the division of family services shall be furnished by the county office to any aggrieved recipient. Every such appeal to the director of the division of family services shall be transmitted by the county office to the director of the division of family services immediately upon the same being filed with the county office. If an appeal is requested, benefits or services shall continue undiminished or unchanged until such appeal is heard and a decision has been rendered thereon, except that in [an aid to families with dependent children] a work first program case the recipient may request that benefits or services not be continued undiminished or unchanged during the appeal.

     4. When a case has been closed or modified and no appeal was requested prior to closing or modification, the recipient shall have ninety days from the date of closing or modification to request an appeal to the director of the division of family services. Each recipient who has not requested an appeal prior to the closing or modification of [his] the recipient's case shall be notified at the time of such closing or modification of [his] the right to request an appeal during this ninety-day period. Proper blank forms for requesting an appeal to the director of the division of family services shall be furnished by the county office to any aggrieved applicant. Every such request made in any manner for an appeal to the director of the division of family services shall be transmitted by the county office to the director of the division of family services immediately upon the same being filed with the county office. If an appeal is requested in the ninety-day period subsequent to the closing or modification, benefits or services shall not be continued at their prior level during the pendency of the appeal.

     5. In the case of a rejection of an application for benefits or services, the aggrieved applicant shall have ninety days from the date of the notice of the action in which to request an appeal to the director of the division of family services. In the rejection notice the applicant for benefits or services shall be notified of all of [his] the applicant's rights of appeal [under] pursuant to this section. Proper blank forms for requesting an appeal to the director of the division of family services shall be furnished by the county office to any aggrieved applicant. Any such request made in any manner for an appeal shall be transmitted by the county office to the director of the division of family services, immediately upon the same being filed with the county office.

     6. If the division has rejected an application for benefits or services and the applicant appeals, the decision of the director as to the eligibility of the applicant at the time such rejection was made shall be based upon the facts shown by the evidence presented at the hearing of the appeal to have existed at the time the rejection was made.

     7. The director of the division of family services shall give the applicant for benefits or services or the recipient of benefits or services reasonable notice of, and an opportunity for, a fair hearing [in the county of his residence at the time the adverse action was taken. The hearing shall be] conducted by the director of the division of family services or [his designee] an authorized designee to include an administrative hearing officer in the administrative hearing unit of the division of legal services. Every applicant or recipient, on appeal to the director of the division of family services, shall be entitled to [be present at the hearing, in person and by attorney or representative] a hearing either in person or by telephone. All in-person hearings shall be held in one of the administrative hearing units regional hearing offices located throughout the state, or as designated by the administrative hearing unit. A person requesting a hearing may appear with or without an attorney or other representative, and shall be entitled to introduce into the record of such hearing any and all evidence, by witnesses or otherwise, pertinent to such applicant's or recipient's eligibility between the time [he applied] application for benefits or services was made and the time the application was denied or the benefits or services were terminated or modified, and all such evidence shall be taken down, preserved, and shall become a part of the applicant's or recipient's appeal record. Upon the record so made, the director of the division of family services shall determine all questions presented by the appeal, and shall make such decision as to the granting of benefits or services as in [his] the director's opinion is justified and is in conformity with the provisions of the law. The director shall clearly state the reasons for [his] the director's decision and shall include a statement of findings of fact and conclusions of law pertinent to the questions in issue.

     8. All appeal requests may initially be made orally or in any written form, but all such requests shall be transcribed on forms furnished by the division of family services and signed by the aggrieved applicant or recipient or his or her representative prior to the commencement of the hearing.

     208.120. 1. For the protection of applicants and recipients, all officers and employees of the state of Missouri are prohibited, except as hereinafter provided, from disclosing any information obtained by them in the discharge of their official duties relative to the identity of applicants for or recipients of benefits or the contents of any records, files, papers, and communications, except in proceedings or investigations where the eligibility of an applicant to receive benefits, or the amount received or to be received by any recipient, is called into question, or for the purposes directly connected with the administration of public assistance. In any judicial proceedings, except such proceedings as are directly concerned with the administration of these programs, such information obtained in the discharge of official duties relative to the identity of applicants for or recipients of benefits, and records, files, papers, communications and their contents shall be confidential and not admissible in evidence.

     2. The division of family services shall in each county welfare office maintain monthly a report showing the name and address of all recipients certified by such county welfare office to receive public assistance benefits, together with the amount paid to each recipient during the preceding month, and each such report and information contained therein shall be open to public inspection at all times during the regular office hours of the county welfare office; provided, however, that all information regarding applicants or recipients other than names, addresses and amounts of grants shall be considered as confidential.

     3. It shall be unlawful for any person, association, firm, corporation or other agency to solicit, disclose, receive, make use of or authorize, knowingly permit, participate in or acquiesce in the use of any name or lists of names for commercial or political purposes of any nature; or for any name or list of names of recipients secured from such report in the county welfare office to be published in any manner. Anyone willfully or knowingly violating any provisions of this section shall be guilty of a misdemeanor. If the violation is by other than an individual, the penalty may be adjudged against any officer, agent, employee, servant or other person of the association, firm, corporation or other agency who committed or participated in such violation and is found guilty thereof.

     4. Notwithstanding any other provisions of this section to the contrary, the department of social services shall furnish, at least four times annually and upon request of the Immigration and Naturalization Service, the name, address and other identifying information of any individual whom the department knows to be unlawfully in the United States.

     208.150. The maximum amount of monthly public assistance money payment benefits payable to or on behalf of a needy person shall not exceed the following:

     [(1) Aid to families with a dependent child, or children, and needy eligible relatives caring for a dependent child, or children, in an amount to be computed as follows:

     (a) Beginning July 1, 1993, and at least every three years thereafter, the division of family services shall determine by regulation the average need for each such eligible person, which shall include the cost of basic needs required to maintain a child or children in the home at a reasonable and decent low-income standard of living, and shall pay, on a uniform basis, the highest percent of such need as shall be possible within the limits of funds appropriated for that purpose, less available income;

     (b) "Available income" means the total income, before taxes or other deductions, of each person residing within the same household, except, to the extent allowed by federal law, the earnings of a student under nineteen years of age enrolled in a secondary school or at the equivalent level of vocational or technical training, plus or minus such credits or deductions as may be prescribed by the division of family services by regulations for the sole purpose of complying with federal laws or regulations relating to this state's eligibility to receive federal funds for aid to families with dependent children payments, and such credits or deductions as may otherwise be prescribed by law;

     (c) The available income shall be subtracted from the total amount which otherwise would be paid;

     (d) If the determined need under this subdivision is of an amount less than ten dollars, no cash payment will be made;]

     (1) Families work program benefits payable to individuals under the work first program in accordance with requirements established by the department or benefits people qualified for pursuant to aid to families with dependent children under the requirements in effect on June 1, 1995. The department shall not establish benefits payable to be less than those in place on June 1, 1995, and within appropriations authority;

     (2) Aid or public relief to an unemployable person not to exceed one hundred dollars.

     208.151. 1. For the purpose of paying medical assistance on behalf of needy persons and to comply with Title XIX, Public Law 89-97, 1965 amendments to the federal Social Security Act (42 U.S.C. section 301 et seq.) as amended, the following needy persons shall be eligible to receive medical assistance to the extent and in the manner hereinafter provided:

     (1) All recipients of state supplemental payments for the aged, blind and disabled;

     (2) [All recipients of aid to families with dependent children benefits, including all persons under nineteen years of age who would be classified as dependent children except for the requirements of subdivision (1) of subsection 1 of section 208.040] Individuals who meet the July 16, 1996, eligibility requirements for aid to families with dependent children or requirements so established by the department and who are eligible for medical assistance in accordance with rules and regulations promulgated by the department;

     (3) All recipients of blind pension benefits;

     (4) All persons who would be determined to be eligible for old age assistance benefits, permanent and total disability benefits, or aid to the blind benefits under the eligibility standards in effect December 31, 1973, or less restrictive standards as established by rule of the division of family services, who are sixty-five years of age or over and are patients in state institutions for mental diseases or tuberculosis;

     (5) All persons under the age of twenty-one years who [would be eligible for aid to families with dependent children] meet the July 16, 1996, eligibility requirements for aid to families with dependent children or requirements as established by the department, except for the requirements of [subdivision (2) of subsection 1 of section 208.040] deprivation of parental support, and who are residing in an intermediate care facility, or receiving active treatment as inpatients in psychiatric facilities or programs, as defined in 42 U.S.C. 1396d, as amended;

     (6) All persons under the age of twenty-one years who would be eligible for aid to families with dependent children benefits [except for the requirement of deprivation of parental support as provided for in subdivision (2) of subsection 1 of section 208.040] pursuant to the July 16, 1996, eligibility requirements or requirements as established by the department except for the requirement of deprivation of parental support;

     (7) All persons eligible to receive nursing care benefits;

     (8) All recipients of family foster home or nonprofit private child-care institution care, subsidized adoption benefits and parental school care wherein state funds are used as partial or full payment for such care;

     (9) All persons who were recipients of old age assistance benefits, aid to the permanently and totally disabled, or aid to the blind benefits on December 31, 1973, and who continue to meet the eligibility requirements, except income, for these assistance categories, but who are no longer receiving such benefits because of the implementation of Title XVI of the federal Social Security Act, as amended;

     (10) Pregnant women who meet the requirements for aid to families with dependent children that were in existence as of July 16, 1996, or requirements as established by the department, except for the existence of a dependent child in the home;

     (11) Pregnant women who meet the requirements for aid to families with dependent children that were in existence as of July 16, 1996, or requirements as established by the department, except for the existence of a dependent child who is deprived of parental support [as provided for in subdivision (2) of subsection 1 of section 208.040];

     (12) Pregnant women or infants under one year of age, or both, whose family income does not exceed an income eligibility standard equal to one hundred eighty-five percent of the federal poverty level as established and amended by the federal Department of Health and Human Services, or its successor agency;

     (13) Children who have attained one year of age but have not attained six years of age who are eligible for medical assistance under 6401 of P.L. 101-239 (Omnibus Budget Reconciliation Act of 1989). The division of family services shall use an income eligibility standard equal to one hundred thirty-three percent of the federal poverty level established by the Department of Health and Human Services, or its successor agency;

     (14) Children who have attained six years of age but have not attained nineteen years of age. For children who have attained six years of age but have not attained nineteen years of age, the division of family services shall use an income assessment methodology which provides for eligibility when family income is equal to or less than equal to one hundred percent of the federal poverty level established by the Department of Health and Human Services, or its successor agency. As necessary to provide medicaid coverage [under] pursuant to this subdivision, the department of social services may revise the state medicaid plan to extend coverage [under] pursuant to 42 U.S.C. 1396a (a)(10)(A)(i)(III) to children who have attained six years of age but have not attained nineteen years of age as permitted by paragraph (2) of subsection (n) of 42 U.S.C. 1396d using a more liberal income assessment methodology as authorized by paragraph (2) of subsection (r) of 42 U.S.C. 1396a;

     (15) The following children with family income which does not exceed two hundred percent of the federal poverty guideline for the applicable family size:

     (a) Infants who have not attained one year of age with family income greater than one hundred eighty-five percent of the federal poverty guideline for the applicable family size;

     (b) Children who have attained one year of age but have not attained six years of age with family income greater than one hundred thirty-three percent of the federal poverty guideline for the applicable family size; and

     (c) Children who have attained six years of age but have not attained nineteen years of age with family income greater than one hundred percent of the federal poverty guideline for the applicable family size. Coverage [under] pursuant to this subdivision shall be subject to the receipt of notification by the director of the department of social services and the revisor of statutes of approval from the secretary of the U.S. Department of Health and Human Services of applications for waivers of federal requirements necessary to promulgate regulations to implement this subdivision. The director of the department of social services shall apply for such waivers. The regulations may provide for a basic primary and preventive health care services package, not to include all medical services covered by section 208.152, and may also establish copayment, coinsurance, deductible, or premium requirements for medical assistance [under] pursuant to this subdivision. Eligibility for medical assistance [under] pursuant to this subdivision shall be available only to those infants and children who do not have or have not been eligible for employer-subsidized health care insurance coverage for the six months prior to application for medical assistance. Children are eligible for employer-subsidized coverage through either parent, including the noncustodial parent. The division of family services may establish a resource eligibility standard in assessing eligibility for persons [under] pursuant to this subdivision. The division of medical services shall define the amount and scope of benefits which are available to individuals [under] pursuant to this subdivision in accordance with the requirement of federal law and regulations. Coverage [under] pursuant to this subdivision shall be subject to appropriation to provide services approved under the provisions of this subdivision;

     (16) The division of family services shall not establish a resource eligibility standard in assessing eligibility for persons [under] pursuant to subdivision (12), (13) or (14) of this subsection. The division of medical services shall define the amount and scope of benefits which are available to individuals eligible [under] pursuant to each of the subdivisions (12), (13), and (14) of this subsection, in accordance with the requirements of federal law and regulations promulgated thereunder except that the scope of benefits shall include case management services;

     (17) Notwithstanding any other provisions of law to the contrary, ambulatory prenatal care shall be made available to pregnant women during a period of presumptive eligibility pursuant to 42 U.S.C. section 1396r-1, as amended;

     (18) A child born to a woman eligible for and receiving medical assistance [under] pursuant to this section on the date of the child's birth shall be deemed to have applied for medical assistance and to have been found eligible for such assistance under such plan on the date of such birth and to remain eligible for such assistance for a period of time determined in accordance with applicable federal and state law and regulations so long as the child is a member of the woman's household and either the woman remains eligible for such assistance or for children born on or after January 1, 1991, the woman would remain eligible for such assistance if she were still pregnant. Upon notification of such child's birth, the division of family services shall assign a medical assistance eligibility identification number to the child so that claims may be submitted and paid under such child's identification number;

     (19) Pregnant women and children eligible for medical assistance pursuant to subdivision (12), (13) or (14) of this subsection shall not as a condition of eligibility for medical assistance benefits be required to apply for [aid to families with dependent children] benefits through the work first program. The division of family services shall utilize an application for eligibility for such persons which eliminates information requirements other than those necessary to apply for medical assistance. The division shall provide such application forms to applicants whose preliminary income information indicates that they are ineligible for [aid to families with dependent children] benefits through the work first program. Applicants for medical assistance benefits [under] pursuant to subdivision (12), (13) or (14) shall be informed of the [aid to families with dependent children program] work first program and that they are entitled to apply for such benefits. Any forms utilized by the division of family services for assessing eligibility [under] pursuant to this chapter shall be as simple as practicable;

     (20) Subject to appropriations necessary to recruit and train such staff, the division of family services shall provide one or more full-time, permanent case workers to process applications for medical assistance at the site of a health care provider, if the health care provider requests the placement of such case workers and reimburses the division for the expenses including but not limited to salaries, benefits, travel, training, telephone, supplies, and equipment, of such case workers. The division may provide a health care provider with a part-time or temporary case worker at the site of a health care provider if the health care provider requests the placement of such a case worker and reimburses the division for the expenses, including but not limited to the salary, benefits, travel, training, telephone, supplies, and equipment, of such a case worker. The division may seek to employ such case workers who are otherwise qualified for such positions and who are current or former welfare recipients. The division may consider training such current or former welfare recipients as case workers for this program;

     (21) Pregnant women who are eligible for, have applied for and have received medical assistance [under] pursuant to subdivision (2), (10), (11) or (12) of this subsection shall continue to be considered eligible for all pregnancy-related and postpartum medical assistance provided [under] pursuant to section 208.152 until the end of the sixty-day period beginning on the last day of their pregnancy;

     (22) Case management services for pregnant women and young children at risk shall be a covered service. To the greatest extent possible, and in compliance with federal law and regulations, the department of health shall provide case management services to pregnant women by contract or agreement with the department of social services through local health departments organized [under] pursuant to the provisions of chapter 192, RSMo, or chapter 205, RSMo, or a city health department operated [under] pursuant to a city charter or a combined city-county health department or other department of health designees. To the greatest extent possible the department of social services and the department of health shall mutually coordinate all services for pregnant women and children with the crippled children's program, the prevention of mental retardation program and the prenatal care program administered by the department of health. The department of social services shall by regulation establish the methodology for reimbursement for case management services provided by the department of health. For purposes of this section, the term "case management" shall mean those activities of local public health personnel to identify prospective medicaid-eligible high-risk mothers and enroll them in the state's medicaid program, refer them to local physicians or local health departments who provide prenatal care under physician protocol and who participate in the medicaid program for prenatal care and to ensure that said high-risk mothers receive support from all private and public programs for which they are eligible and shall not include involvement in any medicaid prepaid, case-managed programs;

     (23) By January 1, 1988, the department of social services and the department of health shall study all significant aspects of presumptive eligibility for pregnant women and submit a joint report on the subject, including projected costs and the time needed for implementation, to the general assembly. The department of social services, at the direction of the general assembly, may implement presumptive eligibility by regulation promulgated pursuant to chapter 207, RSMo;

     (24) All recipients who would be eligible for aid to families with dependent children benefits in accordance with the eligibility requirements that were in existence as of July 16, 1996, or requirements as established by the department except for the requirements of paragraph (d) of subdivision (1) of section 208.150 as it existed on July 16, 1996;

     (25) All persons who would be determined to be eligible for old age assistance benefits, permanent and total disability benefits, or aid to the blind benefits, under the eligibility standards in effect December 31, 1973, or those supplemental security income recipients who would be determined eligible for general relief benefits under the eligibility standards in effect December 31, 1973, except income; or less restrictive standards as established by rule of the division of family services. If federal law or regulation authorizes the division of family services to, by rule, exclude the income or resources of a parent or parents of a person under the age of eighteen and such exclusion of income or resources can be limited to such parent or parents, then notwithstanding the provisions of section 208.010:

     (a) The division may by rule exclude such income or resources in determining such person's eligibility for permanent and total disability benefits; and

     (b) Eligibility standards for permanent and total disability benefits shall not be limited by age;

     (26) Within thirty days of the effective date of an initial appropriation authorizing medical assistance on behalf of "medically needy" individuals for whom federal reimbursement is available [under] pursuant to 42 U.S.C. 1396a (a)(10)(c), the department of social services shall submit an amendment to the medicaid state plan to provide medical assistance on behalf of, at a minimum, an individual described in subclause (I) or (II) of clause 42 U.S.C. 1396a (a)(10)(C)(ii).

     2. Rules and regulations to implement this section shall be promulgated in accordance with section 431.064, RSMo, and chapter 536, RSMo. [No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.]

     3. [After December 31, 1973, and before April 1, 1990, any family eligible for assistance pursuant to 42 U.S.C. 601 et seq., as amended, in at least three of the last six months immediately preceding the month in which such family became ineligible for such assistance because of increased income from employment shall, while a member of such family is employed, remain eligible for medical assistance for four calendar months following the month in which such family would otherwise be determined to be ineligible for such assistance because of income and resource limitation. After April 1, 1990, any family receiving aid pursuant to 42 U.S.C. 601 et seq., as amended,] Any family receiving Title XIX benefits based on meeting the eligibility requirements for aid to families with dependent children that were in existence on July 16, 1996, or requirements as established by the department in at least three of the six months immediately preceding the month in which such family becomes ineligible for such aid, because of hours of employment or income from employment of the caretaker relative, shall remain eligible for medical assistance for six calendar months following the month of such ineligibility as long as such family includes a child as provided in 42 U.S.C. 1396r-6. Each family which has received such medical assistance during the entire six-month period described in this section and which meets reporting requirements and income tests established by the division and continues to include a child as provided in 42 U.S.C. 1396r-6 shall receive medical assistance without fee for an additional six months. The division of medical services may provide by rule the scope of medical assistance coverage to be granted to such families.

     4. For purposes of section 1902(1), (10) of Title XIX of the federal Social Security Act, as amended, any individual who, for the month of August, 1972, was eligible for or was receiving aid or assistance pursuant to the provisions of Titles I, X, XIV, or Part A of Title IV of such act and who, for such month, was entitled to monthly insurance benefits [under] pursuant to Title II of such act, shall be deemed to be eligible for such aid or assistance for such month thereafter prior to October, 1974, if such individual would have been eligible for such aid or assistance for such month had the increase in monthly insurance benefits [under] pursuant to Title II of such act resulting from enactment of Public Law 92-336 amendments to the federal Social Security Act (42 U.S.C. 301 et seq.), as amended, not been applicable to such individual.

     5. When any individual has been determined to be eligible for medical assistance, such medical assistance will be made available to him or her for care and services furnished in or after the third month before the month in which he or she made application for such assistance if such individual was, or upon application would have been, eligible for such assistance at the time such care and services were furnished; provided, further, that such medical expenses remain unpaid.

     208.160. The department of social services or its divisions shall prepare separate rolls of persons entitled to benefits or compensation for:

     (1) Supplemental payments;

     (2) [Aid to dependent children] Families work program;

     (3) Aid or public relief;

     (4) Administrative personnel services and expenses;

     (5) Any other grant, aid, pension, assistance or welfare services administered by the department of social services or its divisions. From the rolls, the department of social services or its divisions shall prepare warrants in the form required by section 33.160, RSMo, which shall be certified by the commissioner of administration to the state treasurer for certification as required by section 30.180, RSMo. As authorized by section 30.205, RSMo, or sections 105.273 to 105.278, RSMo, the commissioner or the state treasurer may authorize the department of social services to place their signature on the warrant to create a negotiable check or draft or may authorize the electronic transfer of funds in place of a check or draft.

     208.170. 1. The state treasurer shall be treasurer and custodian of all funds and moneys of the department and shall issue checks upon such funds or moneys in accordance with such rules and regulations as the department shall prescribe.

     2. There is hereby established as a special fund, separate and apart from the public moneys of this state, the following:

     (1) Supplemental payment fund;

     (2) Aid to families with dependent children fund;

     (3) Relief fund;

     (4) Child welfare service fund;

     (5) Administration fund;

     (6) Title XIX fund;

     (7) Child support enforcement fund;

     (8) Families work program fund;

     (9) Missouri general revenue maintenance of effort funds.

     3. The supplemental payment fund shall consist of moneys appropriated by the state, and such moneys as may be received from the federal government or other sources for the payment of supplemental payments. All checks payable to recipients of supplemental payments shall be drawn on and paid from this fund.

     4. The [aid to families with dependent children] work first program fund shall consist of moneys appropriated by the state, and such moneys as may be received from the federal government or other sources for the payment of aid to families [with dependent children] receiving benefits through the work first program. All checks payable for [aid to families with dependent children] the work first program shall be drawn on and paid from this fund. Any funds remaining in the aid to families with dependent children fund on July 1, 1997, or the date on which this section becomes effective, whichever occurs later, shall be transferred to the work first program fund.

     5. The relief fund shall consist of moneys appropriated by the state, and such moneys as may be received from the federal government or other sources for aid or relief in cases of public calamity. All expenditures for aid or relief in cases of public calamity shall be paid from this fund.

     6. The child welfare service fund shall consist of moneys appropriated by the state, and such moneys as may be received from the federal government or other sources for child welfare services, and this fund or any portion of it may be transferred to the administration fund.

     7. The administration fund shall consist of moneys appropriated by the state, and moneys received from the federal government to pay the administrative costs of the department in administering the provisions of the law. All checks payable for employees and personal services of representatives of the department shall be drawn on and paid from the administration fund.

     8. The Title XIX fund shall consist of moneys appropriated by the state and such moneys as may be received from the federal government or other sources for the payment of medical assistance rendered to eligible recipients pursuant to the Title XIX state plan, and all checks payable on behalf of recipients shall be drawn on and paid from this fund.

     9. The child support enforcement fund shall consist of moneys appropriated by the state, and such moneys as may be received from the federal government or other sources including moneys representing assigned support obligations collected on behalf of recipients of public assistance and nonrecipients of public assistance, any fees collected by the department and any incentive payments received from other states. From this fund shall be paid any moneys collected which represent assigned support obligations required by state law or federal law to be returned to the obligee on whose behalf the obligation was collected, incentive payments to political subdivisions of this state or to other states, any reimbursement to the federal government for its respective share of payments for [aid to families with dependent children] benefits through the work first program and administrative costs incurred by the department in the administration of the child support enforcement program including purchase of child support enforcement services pursuant to the terms of cooperative agreements entered into with political subdivisions of this state, appropriate courts, law enforcement officials or others. Nothing herein shall prohibit the appropriation of federal funds to defer all administrative costs incurred by the department pursuant to chapter 454, RSMo, in the event that federal financial participation is extended to include all costs.

     208.180. 1. Payment of benefits hereunder shall be made monthly in advance, at such regular intervals as shall be determined by the division of family services, directly to the recipient, or in the event of [his] the recipient's incapacity or disability, to [his] the recipient's legally appointed conservator, and except as provided in subsection 2 of this section, in the case of a dependent child to the relative with whom [he] such child lives; provided, that payments for the cost of authorized inpatient hospital or nursing home care in behalf of an individual may be made after the care is received either during [his] the individual's lifetime or after [his] the individual's death to the person, firm, corporation, association, institution, or agency furnishing such care, and shall be considered as the equivalent of payment to the individual to whom such care was rendered. All incapacity or disability proceedings of persons applying for or receiving benefits [under this law] pursuant to this chapter shall be carried out without fee or other expense when in the opinion of the probate division of the circuit court the person is unable to assume such expense. At the discretion of the court such a guardian or conservator may serve without bond.

     2. Payment of benefits with respect to a dependent child may be made, pursuant to regulations of the division of family services, to an individual, other than the relative with whom [he] such child lives, who is interested in or concerned with the welfare of the child, or who is furnishing food, living accommodations or other goods, services or items to or for the dependent child[, in the following cases:

     (1)] where the relative with whom the child lives has demonstrated an inability to manage funds to the extent that payments to [him] such relative have not been or are not being used in the best interest of the child[; or

     (2) Where the relative has refused to participate in a work or training program to which he has been referred under section 208.042].

     3. Whenever any recipient shall have died after the issuance of a benefit check to [him] such recipient, or on or after the date upon which a benefit check was due and payable to [him] such recipient, and before the same is endorsed or presented for payment by the recipient, the probate division of the circuit court of the county in which the recipient resided at the time of [his] the recipient's death shall, on the filing of an affidavit by one of the next of kin, or creditor of the deceased recipient, and upon the court being satisfied as to the correctness of such affidavit, make an order authorizing and directing such next of kin, or creditor, to endorse and collect the check, which shall be paid upon presentation with a certified copy of the order attached to the check and the proceeds of which shall be applied upon the funeral expenses and the debts of the decedent, duly approved by the probate division of the circuit court, and it shall not be necessary that an administrator be appointed for the estate of the decedent in order to collect the benefit check. No cost shall be charged in such proceedings. Such affidavit filed by one of the next of kin, or creditor, shall state the name of the deceased recipient, the date of [his] such recipient's death, the amount and number of such benefit check, the funeral expenses and debts owed by the decedent, and whether the decedent had any estate other than the unpaid benefit check and, in the event the decedent had an estate that requires administration, the provisions of this section shall not apply and the estate of the decedent shall be administered upon in the same manner as estates of other deceased persons.

     208.182. 1. The division of family services shall establish [pilot projects in St. Louis city and in any county with a population of six hundred thousand or more, which shall provide for] a system of electronic transfer of benefits to public assistance recipients specified in subsection 5 of this section. The electronic benefits transfer system shall be implemented for food stamp recipients not later than October 1, 2002. Such system shall allow recipients to obtain cash from automated teller machines or point of sale terminals. If less than the total amount of benefits is withdrawn, the recipient shall be given a receipt showing the current status of [his] the recipient's account.

     2. The disclosure of any information provided to a financial institution, business or vendor by the division of family services pursuant to this section is prohibited. Such financial institution, business or vendor may not use or sell such information and may not divulge the information without a court order. Violation of this subsection is a class A misdemeanor.

     3. Subject to appropriations and subject to receipt of waivers from the federal government to prevent the loss of any federal funds, the department of social services shall require the use of photographic identification on electronic benefit transfer cards issued to recipients in this system. Such photographic identification electronic benefit transfer card shall be in a form approved by the department of social services.

     4. The division of family services shall promulgate rules and regulations necessary to implement the provisions of this section pursuant to section 660.017, RSMo, and chapter 536, RSMo.

     5. The delivery of electronic benefits and the electronic eligibility verification, including, but not limited to, [aid to families with dependent children (AFDC)] those funded through families work program, women, infants and children (WIC), early periodic screening diagnosis and treatment (EPSDT), food stamps, supplemental security income (SSI), including medicaid, child support, and other programs, shall reside in one card that may be enabled by function from time to time in a convenient manner.

     208.325. 1. [Beginning October 1, 1994,] The department of social services shall enroll [AFDC] families work program recipients in the self-sufficiency [program] pacts established by this section. [The department may target AFDC households which meet at least one of the following criteria:

     (1) Received AFDC benefits in at least eighteen out of the last thirty-six months; or

     (2) Are parents under twenty-four years of age without a high school diploma or a high school equivalency certificate and have a limited work history; or

     (3) Whose youngest child is sixteen years of age, or older; or

     (4) Are currently eligible to receive benefits pursuant to section 208.041, an assistance program for unemployed married parents.

     2. The department shall, subject to appropriation, enroll in self-sufficiency pacts by July 1, 1996, the following AFDC households:

     (1) Not fewer than fifteen percent of AFDC households who are required to participate in the FUTURES program under sections 208.405 and 208.410, and who are currently participating in the FUTURES program;

     (2) Not fewer than five percent of AFDC households who are required to participate in the FUTURES program under sections 208.405 and 208.410, but who are currently not participating in the FUTURES program; and

     (3) By October 1, 1997, not fewer than twenty-five percent of aid to families with dependent children recipients, excluding recipients who meet the following criteria and are exempt from mandatory participation in the family self-sufficiency program:

     (a) Disabled individuals who meet the criteria for coverage under the federal Americans with Disabilities Act, P.L. 101-336, and are assessed as lacking the capacity to engage in full-time or part-time subsidized employment;

     (b) Parents who are exclusively responsible for the full-time care of disabled children; and

     (c) Other families excluded from mandatory participation in FUTURES by federal guidelines.]

     2. Self-sufficiency pacts developed and utilized by the department of social services in conjunction with the implementation of families work program shall meet the requirements of the individual responsibility plans required by The Personal Responsibility and Work Reconciliation Act of 1996, as amended.

     3. Upon enrollment in the [family self-sufficiency program] work first program, a household shall receive an initial assessment of the family's educational, child care, employment, medical and other supportive needs. There shall also be assessment of the recipient's skills, education and work experience and a review of other relevant circumstances. Each assessment shall be completed in consultation with the recipient and, if appropriate, each child whose needs are being assessed.

     4. Family assessments shall be used to complete a family self-sufficiency pact in negotiation with the family. The family self-sufficiency pact shall identify a specific point in time, no longer than twenty-four months after the family enrolls in the self-sufficiency pact, when the family's primary self-sufficiency pact shall conclude. The self-sufficiency pact is subject to reassessment and may be extended for up to an additional twenty-four months, but the maximum term of any self-sufficiency pact shall not exceed a total of [forty-eight] sixty months. Family self-sufficiency pacts should be completed and entered into within three months of the initial assessment.

     5. The division of family services shall complete family self-sufficiency pact assessments and/or may contract with other agencies for this purpose, subject to appropriation.

     6. Family self-sufficiency assessments shall be used to develop a family self-sufficiency pact after a meeting. The meeting participants shall include:

     (1) A representative of the division of family services, who may be a case manager or other specially designated, trained and qualified person authorized to negotiate the family self-sufficiency pact and follow-up with the family and responsible state agencies to ensure that the self-sufficiency pact is reviewed at least annually and, if necessary, revised as further assessments, experience, circumstances and resources require;

     (2) The recipient and, if appropriate, another family member, assessment personnel or an individual interested in the family's welfare.

     7. The family self-sufficiency pact shall:

     (1) Be in writing and establish mutual state and family member obligations as part of a plan containing goals, objectives and timelines tailored to the needs of the family and leading to self-sufficiency;

     (2) Identify available support services such as subsidized child care, medical services and transportation benefits during a transition period, to help ensure that the family will be less likely to return to public assistance.

     8. The family self-sufficiency pact shall include a parent and child development plan to develop the skills and knowledge of adults in their role as parents to their children and partners of their spouses. Such plan shall include school participation records. The department of social services shall, in cooperation with the department of health, the department of mental health, and the "Parents as Teachers" program in the department of elementary and secondary education, develop or make available existing programs to be presented to persons enrolled in a family self-sufficiency pact.

     [9. A family enrolled in a family self-sufficiency pact may own or possess property as described in subdivision (6) of subsection 2 of section 208.010 with a value of five thousand dollars instead of the one thousand dollars as set forth in subdivision (6) of subsection 2 of section 208.010.

     10. A family receiving AFDC may own one automobile, which shall not be subject to property value limitations provided in section 208.010.

     11. Subject to appropriations and necessary waivers, the department of social services may disregard from one-half to two-thirds of a recipient's gross earned income for job-related and other expenses necessary for a family to make the transition to self-sufficiency.

     12.] 9. A recipient may request a review by the director of the division of family services, or his designee, of the family self-sufficiency pact or any of its provisions that the recipient objects to because it is inappropriate. After receiving an informal review, a recipient who is still aggrieved may appeal the results of that review under the procedures in section 208.080.

     [13.] 10. The term of the family self-sufficiency pact may only be extended due to circumstances creating barriers to self-sufficiency and the family self-sufficiency pact [may] shall be updated and adjusted to identify and address the removal of these barriers to self-sufficiency.

     [14.] 11. Where the capacity of services does not meet the demand for the services, limited services may be substituted and the pact completion date extended until the necessary services become available for the participant. The pact shall be modified appropriately if the services are not delivered as a result of waiting lists or other delays.

     [15.] 12. The division of family services shall establish a training program for self-sufficiency pact case managers which shall include but not be limited to:

     (1) Ensure compliance with the programs and provisions of sections 1 to 32 of this act and ensure applicants are provided with all information regarding benefits in compliance with subsection 2 of section 1 of this act;

     [(1)] (2) Knowledge of public and private programs available to assist recipients to achieve self-sufficiency;

     [(2)] (3) Skills in facilitating recipient access to public and private programs; and

     [(3)] (4) Skills in motivating and in observing, listening and communicating.

     [16.] 13. The division of family services shall ensure that families enrolled in the family self-sufficiency program make full use of the federal earned income tax credit.

     [17. Failure to comply with any of the provisions of a self-sufficiency pact developed pursuant to this section shall result in a recalculation of the AFDC cash grant for the household without considering the needs of the caretaker recipient.

     18. If a suspension of caretaker benefits is imposed, the recipient shall have the right to a review by the director of the division of family services or his designee.

     19. After completing the family self-sufficiency program, should a recipient who has previously received thirty-six months of aid to families with dependent children benefits again become eligible for aid to families with dependent children benefits, the cash grant amount shall be calculated without considering the needs of caretaker recipients. The limitations of this subsection shall not apply to any applicant who starts a self-sufficiency pact on or before July 1, 1997, or to any applicant who has become disabled or is receiving or has received unemployment benefits since completion of a self-sufficiency program.

     20.] 14. There shall be conducted a comprehensive evaluation of the family self-sufficiency program contained in the provisions of this act [and the job opportunities and basic skills training program ("JOBS" or "FUTURES") as authorized by the provisions of sections 208.400 to 208.425]. The evaluation shall be conducted by a competitively chosen independent and impartial contractor selected by the commissioner of the office of administration. The evaluation shall be based on specific, measurable data relating to those who participate successfully and unsuccessfully in these programs and a control group, factors which contributed to such success or failures, the structure of such programs and other areas. The evaluation shall include recommendations on whether such programs should be continued and suggested improvements in such programs. The first such evaluation shall be completed and reported to the governor and the general assembly by September 1, 1997. Future evaluations shall be completed every three years thereafter. [In addition, in 1997, and every three years thereafter, the oversight division of the committee on legislative research shall complete an evaluation on general relief, child care and development block grants and social services block grants.]

     [21.] 15. The director of the department of social services may promulgate rules and regulations, pursuant to section 660.017, RSMo, and chapter 536, RSMo, governing the use of family self-sufficiency pacts in this program and in other programs, including programs for noncustodial parents of children receiving assistance.

     [22. The director of the department of social services shall apply to the United States Secretary of Health and Human Services for all waivers of requirements under federal law necessary to implement the provisions of this section with full federal participation. The provisions of this section shall be implemented, subject to appropriation, as waivers necessary to ensure continued federal participation are received.]

     208.337. 1. The division may deposit funds into an account on behalf of children whose custodial parent is a participant in the [program authorized pursuant to the provisions of sections 208.400 to 208.425,] work first program and whose noncustodial parent is participating in a state job training and adult educational program approved by the division of family services. If agreed upon by the parties, funds may also be deposited for this purpose when the noncustodial parent terminates participation in the job training or educational program, until the custodial parent completes participation in [the program authorized pursuant to the provisions of sections 208.400 to 208.425] work first program work activities. The amount deposited for each child shall not exceed the portion of current child support paid by the noncustodial parent, to which the state of Missouri is entitled according to applicable state and federal laws. Money so received shall be governed by this section notwithstanding other state laws and regulations to the contrary.

     2. Any money deposited by the division on behalf of a child, as provided in subsection 3 of this section, shall be accounted for in the name of the child. Any money in the account of a child may be expended only for care or services for the child as agreed upon by both parents. The division shall, by rule adopted pursuant to section 454.400, RSMo, and chapter 536, RSMo, establish procedures for the establishment of the accounts, use, expenditure, and accounting of the money, and the protection of the money against theft, loss or misappropriation.

     3. The division shall deposit money appropriated for the purposes of this section with the state treasurer. Any earnings attributable to the money in the account of a child shall be credited to that child's account.

     4. Each child for whose benefit funds have been received by the division, and the parents of such child, shall be furnished annually by the division of budget and finance of the department of social services with a statement listing all transactions involving the funds which have been deposited on the child's behalf, to include each receipt and disbursement, if any.

     5. (1) The director of the department of social services shall apply for all waivers of requirements under federal law to implement the provisions of this section.

     (2) This program shall not be implemented until the waiver has been obtained from the Secretary of the Department of Health and Human Services by the director of the department of social services.

     208.345. The division of family services, with the cooperation of the division of vocational rehabilitation, shall establish a protocol where persons who qualify for public assistance, including [aid to families with dependent children,] general relief and medical assistance, because of a disability may be directed to an appropriate federal agency to apply for other benefits. The division of family services shall also establish a procedure to identify applicants and recipients who may be entitled to supplement or supplant state benefits with other benefits through the Social Security Disability, Railroad Retirement, Supplemental Security Income, Veterans, Qualified Medicare Beneficiary and Specified Low Income Medicare Beneficiary and other programs.

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

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

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

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

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

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

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

     (d) Governmental body;

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

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

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

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

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

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

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

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

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

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

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

     208.710. 1. The division shall:

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

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

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

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

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

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

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

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

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

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

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

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

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

     (b) Job training;

     (c) Transportation;

     (d) Food or household necessities;

     (e) Remedial education;

     (f) Domestic skills training;

     (g) Parenting instruction;

     (h) Health benefits.

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

     (1) Perform any illegal act; or

     (2) Attend any religious worship service.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     210.221. 1. The department of health shall have the following powers and duties:

     (1) After inspection, to grant licenses to persons to operate child care facilities if satisfied as to the good character and intent of the applicant and that such applicant is qualified and equipped to render care or service conducive to the welfare of children, and to renew the same when expired. No license shall be granted for a term exceeding two years. Each license shall specify the kind of child care services the licensee is authorized to perform, the number of children that can be received or maintained, and their ages and sex;

     (2) To inspect the conditions of the homes and other places in which the applicant operates a child care facility, inspect their books and records, premises and children being served, examine their officers and agents, [and] deny, suspend [or] revoke or place on probation the license of such persons as fail to obey the provisions of sections 210.201 to 210.245 [or], the rules and regulations made by the department of health. The director also may revoke or suspend a license when the licensee has failed to renew or has surrendered the license;

     (3) To promulgate and issue rules and regulations the department deems necessary or proper in order to establish standards of service and care to be rendered by such licensees to children. No rule or regulation promulgated by the division shall in any manner restrict or interfere with any religious instruction, philosophies or ministries provided by the facility and shall not apply to facilities operated by religious organizations which are not required to be licensed; and

     (4) To determine what records shall be kept by such persons and the form thereof, and the methods to be used in keeping such records, and to require reports to be made to the department at regular intervals.

     2. Any child care facility may request a variance from a rule or regulation promulgated pursuant to this section. The request for a variance shall be made in writing to the department of health and shall include the reasons the facility is requesting the variance. The department shall approve any variance request that does not endanger the health or safety of the children served by the facility. The burden of proof at any appeal of a disapproval of a variance application shall be with the department of health. Local inspectors may grant a variance, subject to approval by the department of health.

     3. The department shall deny, suspend or revoke a license if it receives official notice that the license is prohibited by any local law related to the health and safety of children in child care as determined by local authorities.

     [3. No rule or portion of a rule promulgated under the authority of sections 210.201 to 210.245 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.]

     210.245. 1. Any person who violates any provision of sections 210.201 to 210.245, or who for himself or for any other person makes materially false statements in order to obtain a license or the renewal thereof under sections 210.201 to 210.245, shall be guilty of an infraction for the first offense and shall be assessed a fine not to exceed two hundred dollars and shall be guilty of a class A misdemeanor for subsequent offenses. In case such guilty person is a corporation, association, institution or society, the officers thereof who participate in such misdemeanor shall be subject to the penalties provided by law.

     2. If the department of health proposes to deny, suspend or revoke a license, the department of health shall serve upon the applicant or licensee written notice of the proposed action to be taken. The notice shall contain a statement of the type of action proposed; the basis for it; the date the action will go into effect; and a statement that the applicant or licensee shall have thirty days to request in writing a hearing before the administrative hearing commission. If no written request for a hearing is received by the department of health within thirty days of the applicant or licensee's receipt of the notice, the proposed discipline shall take effect thirty-one days from the date the original notice was received by the applicant or licensee. If the applicant or licensee makes a written request for a hearing, the department of health shall file a complaint with the administrative hearing commission within ninety days of receipt of the request for a hearing. The complaint shall comply with the laws and regulations for actions brought before the administrative hearing commission.

     3. The department of health may issue letters of censure or warning and may place a license on probation without formal notice or hearing.

     4. The department of health may suspend any license simultaneously with action taken in subsection 2 of section 210.245, if the department of health finds that there is a threat of imminent bodily harm to the children in care. The notice of suspension shall include the basis of the suspension and the appeal rights of the licensee. The licensee may appeal the decision to suspend the license to the department of health. The appeal must be filed within ten days from the receipt of the notice of appeal. A hearing shall be conducted by the department of health within ten days from the date the appeal is filed. The suspension shall continue in effect until the conclusion of the proceedings, including review thereof, unless sooner withdrawn by the department of health, dissolved by a court of competent jurisdiction or stayed by the administrative hearing commission.

     [2.] 5. In addition to initiating proceedings under subsection 1 of this section, or in lieu thereof, the prosecuting attorney of the county where the child care facility is located may file suit for a preliminary and permanent order overseeing or preventing the operation of a child care facility or the department may request that the attorney general seek an injunction to prevent the operation of the facility for violating any provision of sections 210.201 to 210.245. The order shall remain in force until such a time as the court determines that the child care facility is in substantial compliance. [If the prosecuting attorney refuses to act or fails to act within thirty days of receipt of notice from the department of health, the department of health may request that the attorney general seek an injunction of the operation of such child care facility.]

     [3.] 6. In cases of imminent bodily harm to children in the care of a child care facility, the department may file suit in the circuit court of the county in which the child care facility is located for injunctive relief, which may include removing the children from the facility, overseeing the operation of the facility or closing the facility.

     210.252. 1. All buildings and premises used by a child care facility to care for more than four children except those exempted from the licensing provisions of the department of health pursuant to subdivisions (1) [to]], (2), (3), (4) and (6) of section 210.211, shall be inspected annually for fire and safety by the state fire marshal, his designee or officials of a local fire district and for health and sanitation by the department of health or officials of the local health department. Evidence of compliance with the inspections required by this section shall be kept on file and available to parents of children enrolling in the child care facility.

     2. Local inspection of child care facilities may be accomplished if the standards employed by local personnel are substantially equivalent to state standards and local personnel are available for enforcement of such standards.

     3. Any child care facility may request a variance from a rule or regulation promulgated pursuant to this section. The request for a variance shall be made in writing to the department of health and shall include the reasons the facility is requesting the variance. The department shall approve any variance request that does not endanger the health or safety of the children served by the facility. The burden of proof at any appeal of a disapproval of a variance application shall be with the department of health. Local inspectors may grant a variance, subject to approval by the department.

     4. The department of health shall administer the provisions of sections 210.252 to 210.256, with the cooperation of the state fire marshal, local fire departments and local health agencies.

     5. The department of health shall promulgate rules and regulations to implement and administer the provisions of sections 210.252 to 210.256. Such rules and regulations shall provide for the protection of children in all child care facilities whether or not such facility is subject to the licensing provisions of sections 210.201 to 210.245.

     210.256. 1. Any person who violates any provision of sections 210.252 to 210.255, or who for himself or for any other person makes a materially false statement in the notice of parental responsibility required by sections 210.254 and 210.255, shall be guilty of an infraction for the first offense and shall be assessed a fine not to exceed two hundred dollars and shall be guilty of a class A misdemeanor for subsequent offenses. In case such guilty person is a corporation, association, institution, or society, the officers thereof who participate in such violation shall be subject to the same penalties.

     2. In addition to initiating proceedings under subsection 1 of this section, or in lieu thereof, the prosecuting attorney of the county where the child care facility is located may file suit for a preliminary and permanent order overseeing or preventing the operation of a child care facility [for violating any provision of section 210.252] or the department may request that the attorney general seek an injunction to prevent the operation of the child care facility for violating any provision of sections 210.252 to 210.259 or the rules promulgated by the department. The injunction shall remain in force until such a time as the court determines that the child care facility is in substantial compliance.

     3. In cases of imminent bodily harm to children in the care of a child care facility, the department of health may apply to the circuit court of the county in which the child care facility is located for injunctive relief, which may include removing the children from the facility, overseeing the operation of the facility or closing the facility."; and

     Further amend said bill, Page 196, Section 454.1027, Line 13 of said page, by inserting immediately after all of said line the following:

     "473.399. 1. As used in this section, the following terms mean:

     (1) "Assistance", funds expended by a state agency to or on behalf of a person in the form of aid, care, or services, except that for the purposes of this section, [aid to families with dependent children] work first program benefits shall not be considered assistance;

     (2) "Obligor estate", the estate against which an obligation [under] pursuant to this section arises;

     (3) "Recipient", a person to whom or on whose behalf assistance is provided;

     (4) "State agency", the department of social services, department of health and department of mental health of the state of Missouri.

     2. For the purposes of this section, the providing of assistance shall create an obligation which may be recovered by filing a claim in the probate division of the circuit court against the decedent estate of the spouse of the deceased recipient upon such spouse's death as provided by the probate code of Missouri, chapters 472, 473, 474 and 475, RSMo. The amount of the state debt shall be the full amount of assistance without interest provided to the recipient during the marriage of such recipient and spouse; provided that the liability of the obligor estate shall not exceed the value of the combined resources of the recipient and the spouse of the recipient on the date of death of the recipient.

     3. The state agency providing the assistance may initiate a claim on the debt against the obligor estate.

     4. The obligor estate may assert as a defense to the state agency's claim that more than two years prior to the providing of assistance, the recipient voluntarily abandoned the spouse.

     5. An obligor estate shall have the right of setoff against the state debt for any amounts recovered by the state agency from the estate of the deceased recipient pursuant to section 473.398.

     6. Claims shall not be filed [under] pursuant to this section when collection of the state debt would be contrary to federal statutes for assistance programs in which federal funds are received.

     536.028. 1. Notwithstanding provisions of this chapter to the contrary, 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 chapter and this delegation of legislative power to the agency to propose a final 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 final order of rulemaking has been reviewed by the general assembly in accordance with the procedures provided pursuant to this chapter. Any 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.

     3. In order for the general assembly to have an effective opportunity to be advised of rules proposed by any state agency, an agency shall propose a rule or order of rulemaking by complying with the procedures provided in this chapter, 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, order of rulemaking 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. 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 joint committee on administrative rules.

     5. 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. Grounds upon which the committee may recommend such action include, but are not limited to:

     (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; or

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

     6. Any recommendation or report issued by the committee pursuant to subsection 5 of this section shall be admissible as evidence in any judicial proceeding and entitled to judicial notice without further proof.

     7. The general assembly may adopt a concurrent resolution in accordance with the provisions of article IV, section 8 of the Missouri constitution to disapprove and annul any rule or portion thereof.

     8. Any rule or portion thereof not disapproved within thirty legislative days of a regular session pursuant to subsection 7 of this section shall be deemed approved by the general assembly and the secretary of state may publish such final order of rulemaking as soon as practicable upon the expiration of thirty legislative days of a regular session after the final order of rulemaking was filed with the secretary of state and the joint committee on administrative rules.

     9. Upon adoption of such concurrent resolution as provided in subsection 7 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 otherwise 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.

     10. Notwithstanding the provisions of section 1.140, RSMo, the provisions of this section, section 536.021, RSMo, and section 536.025, RSMo, 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 or the joint committee on administrative rules to review, to hold in abeyance the rule pending action by the general assembly, 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 shall be revoked and shall be null, void and unenforceable.

     11. Nothing in this section shall prevent the general assembly from adopting by concurrent resolution or bill within thirty legislative days of a regular session the rules or portions thereof, or as the same may be amended or annulled, as contained in a proposed order of rulemaking. In that event, the proposed order of rulemaking shall have been superseded and the order and any rule proposed therein shall be null, void and unenforceable. The secretary of state shall not publish a proposed order of rulemaking acted upon as described herein.

     12. Upon adoption of any rule now or hereafter in effect, 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 joint committee on administrative rules. The secretary of state shall publish in the Missouri Register, as soon as practicable, notice of the revocation.

     13. This section shall become effective only upon the expiration of twenty calendar days following the:

     (1) Failure of the executive to sign executive order number 97-97; or

     (2) Modification, amendment or rescission of executive order number 97-97; or

     (3) An agency's failure to hold the rule in abeyance as required by executive order number 97-97; or

     (4) Declaration by a court with jurisdiction that section 536.024, RSMo, or any portion of executive order number 97-97 is unconstitutional or invalid for any reason.

Notwithstanding the provisions of this subsection to the contrary, no modification, amendment or rescission of executive order number 97-97 or failure to hold a rule in abeyance shall make this section effective if the modification, amendment or rescission of the executive order or failure to hold the rule in abeyance is approved by the general assembly by concurrent resolution."; and

     Further amend said bill, Page 204, Section 620.145, Line 11 of said page, by inserting immediately after all of said line the following:

     "660.016. If the state's net federal reimbursement allowance for fiscal year 1994 and subsequent fiscal years exceeds one hundred thirty million dollars, the department of social services shall include in its 1995 fiscal year budget recommendation that any revenues in excess of one hundred thirty million dollars subject to appropriation be designated for the following purposes:

     (1) Loans for physicians and nurses who will serve in medically underserved areas of Missouri as designated by the director of health;

     (2) Primary and preventive care initiatives, including parenting classes, as determined by the directors of health and social services; and

     (3) Transitional medicaid expenses of [AFDC] work first program recipients who accept employment which does not provide a medical benefit. As used in this section, "net federal reimbursement allowance" shall mean that amount of the federal reimbursement allowance in excess of the amount of state matching funds necessary for the state to make payments required by subsection 1 of section 208.450, RSMo, or, if the payments exceed the amount so required, the actual payments made for the purposes specified in subsection 1 of section 208.450, RSMo. This section shall cease to be in effect if the revenues generated by sections 208.450 to 208.480, RSMo, become ineligible for federal financial participation, if payments cease to be made pursuant to section 208.471, RSMo, or if such sections expire in accordance with section 208.480, RSMo.

     660.017. The department of social services may adopt, appeal and amend rules necessary to carry out the duties assigned to it. All rules shall be promulgated pursuant to the provisions of this section and chapter 536, RSMo. [No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.] Including but not limited to sections 208.151, RSMo, 210.256, RSMo, and sections 6, 8, 10, 11, 13, 16, 23, 25 and 28 of this act any rule or portion of a rule promulgated shall become effective only as provided pursuant to chapter 536, RSMo, including, but not limited to, section 536.028, RSMo, if applicable, 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 are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028, RSMo, if applicable, 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.

     660.020. For the purposes of sections 660.020 to 660.026, the following terms mean:

     (1) "Caseload standards", the minimum and maximum number of cases that an employee can reasonably be expected to perform in a normal work month based on the number of cases handled by, or the number of different job functions performed by, the employee;

     (2) "Department", the department of social services;

     (3) "Director", the director of the department of social services;

     (4) "Professional caseload standards", caseload standards that are defined by national organizations such as the Child Welfare League, National Eligibility Workers Associations and the National Association of Social Workers, or caseload standards used in other states which have similar job titles.

     660.023. 1. The director shall develop caseload standards based on the actual duties of employees in each program area of the department. The director shall consider the recommendations of the caseload standards advisory committee, established pursuant to section 660.026 when developing these caseload standards.

     2. In establishing standards pursuant to sections 660.020 to 660.026, the director shall:

     (1) Ensure the standards are based on the actual duties of the caseworker;

     (2) Ensure the standards are consistent with existing professional caseload standards; and

     (3) Consider standards developed by other states for workers in similar positions of employment.

     3. Such standards shall be used by the director as the basis of the department's personnel budget request to the governor.

     4. If an employee has failed to satisfactorily complete assignments that are in excess of specified caseload standards, good faith efforts to complete such assignments shall be among the factors considered in the employee's performance evaluation and before any disciplinary action is imposed. If an employee's performance evaluation is lowered or discipline is imposed by a supervisor, because the employee has failed to satisfactorily complete assignments that are in excess of specified caseload standards, the employee may file a grievance based on a claim of work expectations that exceed caseload standards, and the employee shall be entitled to an accelerated hearing of that grievance by the director.

     5. Subject to appropriations, the department shall use the standards established pursuant to sections 660.020 to 660.026 to assign caseloads to individual employees.

     6. The director shall promulgate rules prescribing the standards provided for in this section.

     660.026. 1. The director shall convene, at least biannually, a caseload standards advisory committee which shall consist of seven nonsupervisory employees of the department and three division directors of the department or their designees. A representative of the employees' certified majority organization shall also serve on the committee. The caseload standards advisory committee shall include as nearly as possible employees from each program area of the department.

     2. The caseload standards advisory committee shall review professional and other caseload standards and recommendations the committee considers appropriate and recommend to the department suggestions for minimum and maximum caseloads for each category of workers employed by the department.

     [96.230. In all cities of the third class in this state there is hereby created and established, at the option of the mayor and common council of any such city, a board which shall be styled "The Social Welfare Board of the City of ...". All powers and duties connected with and incident to the relief and prevention of dependency, relief and care of the indigent, and the care of sick dependents, with the exception of the insane and those suffering with contagious, infectious and transmissible diseases, and excepting those persons who may be admitted to the county poorhouses of the counties in which such cities are located, shall be exclusively invested in and exercised by the board. The board shall have power to receive and expend donations for social welfare purposes, and shall have exclusive control of the distribution and expenditure of any public funds set aside and appropriated by such cities for relief of the temporary dependent. The board shall have power to sue and be sued, complain and defend in all courts, to assume the care of or take by gift, grant, devise, bequest or otherwise, any money, real estate, personal property, right of property or other valuable things, and may use, enjoy, control, sell or convey the same for charitable purposes, to have and to use a common seal and alter the same at pleasure. The board may make bylaws for its own guidance, rules and regulations for the government of its agents, servants and employees, and for the distribution of the funds under its control.]

     [96.240. Said board shall have power to make all suitable provisions for the relief, maintenance and support of all indigent persons within said cities, and to make suitable provisions for the care and maintenance of the sick dependents and those who are unable to support themselves; to enforce the laws of the state, the ordinances of said cities, in regard to the indigent, and to make such rules and regulations in the conduct of its business not inconsistent with the laws of the state of Missouri, and the ordinances of said cities; to recommend to the common council of said cities the passage of such ordinances as said board may deem necessary for the welfare of the indigent of said cities. The board shall have the power to employ and discharge all persons or officers in their judgment necessary to carry on the work over which said board is given jurisdiction or control. Said board shall further have power to enter into cooperative arrangement with state or county agencies, or with charitable and philanthropic associations in order better to promote the objects of its work. Said board may act as agent for the county superintendent of public welfare within the limits of the city, under such arrangements as may be made jointly by them.]

     [96.250. Said board shall be nonpartisan and nonsectarian and the members and officers thereof shall receive no compensation as such. Said board shall consist of the mayor of such cities, who shall be ex officio a member thereof, and six other members, men or women, who shall be appointed by the mayor and the common council of such cities, who shall hold office, two for one year, two for two years, and two for three years, whose term of office shall be designated by the mayor. Whenever the term of office of any member so appointed expires, the appointment of his successor shall be for three years. All such appointments shall date from the first of June following their appointment. Vacancies from any causes shall be filled in like manner as original appointment. The mayor may, for misconduct or neglect of duty, remove any members appointed by him in the manner required for removal of officers of such cities.]

     [96.260. Said members shall, immediately after their appointment, and annually thereafter, meet and organize by electing out of their number a president, vice president, treasurer and secretary. All subordinate officers and employees appointed shall give such bonds for the faithful discharge of their duties as may be required by the board.]

     [96.270. All moneys received or appropriated for the use of said board shall be deposited with the treasurer, who shall give good and sufficient bond to said board for the safekeeping and proper expenditure of all funds placed in his hands, by or for the use of said board.]

     [96.280. It shall be the duty of said board to keep a record of its proceedings and its receipts, expenditures and operations, and to annually render a full and complete itemized report, stating the condition of their trust, together with such other matters as they may deem of general interest to the mayor and common council of said cities; provided said board shall render reports concerning receipts, expenditures, operations, etc., whenever called for by the common council of said cities.]

     [96.290. It shall be the duty of said board, when any person by himself or another applies for relief, to make immediate inquiry into the state and circumstances of the applicant, and if it shall appear that he or she is in such indigent circumstances as to require temporary relief, the said board shall furnish, out of the funds in its hands, such relief as the circumstances of the case may require; provided, that in all cases where the applicant for aid may be found dependent, and said applicant or member of said applicant's family is an able-bodied person, said board shall require such person to perform work to the value of the aid given.]

     [161.193. 1. As used in this section, the word "council" means the state council on vocational education assigned to the department of elementary and secondary education by executive orders 85-3 and 85-5 in 1985.

     2. The council shall provide to the department of economic development, the education committees of the house of representatives and the senate, and the appropriations committees of the house of representatives and the senate copies of all reports which the council is required to submit or does submit to the state board of education, the governor, the state job training coordinating council, the secretary of education and the secretary of labor, or any of the above.]

     [205.590. Aged, infirm, lame, blind or sick persons, who are unable to support themselves, and when there are no other persons required by law and able to maintain them, shall be deemed poor persons.]

     [205.600. No person shall be deemed an inhabitant within the meaning of sections 205.580 to 205.760, who has not resided in the county for the space of twelve months next preceding the time of any order being made respecting such poor person, or who shall have removed from another county for the purpose of imposing the burden of keeping such poor person on the county where he or she last resided for the time aforesaid.]

     [205.610. The county commission of each county, on the knowledge of the judges of such tribunal, or any of them, or on the information of any associate circuit judge of the county in which any person entitled to the benefit of the provisions of sections 205.580 to 205.760 resides, shall from time to time, and as often and for as long a time as may be necessary, provide, at the expense of the county, for the relief, maintenance and support of such persons.]

     [205.620. The county commission shall at all times use its discretion and grant relief to all persons, without regard to residence, who may require its assistance.]

     [205.640. The several county commissions shall have power, whenever they may think it expedient, to purchase or lease, or may purchase and lease, any quantity of land in their respective counties, not exceeding three hundred and twenty acres, and receive a conveyance to their county for the same.]

     [205.650. Such county commission may cause to be erected on the land so purchased or leased a convenient poorhouse or houses, and cause other necessary labor to be done, and repairs and improvements made, and may appropriate from the revenues of their respective counties such sums as will be sufficient to pay the purchase money in one or more payments to improve the same, and to defray the necessary expenses.]

     [205.660. The county commission shall have power to make all necessary and proper orders and rules for the support and government of the poor kept at such poorhouse, and for supplying them with the necessary raw materials to be converted by their labor into articles of use, and for the disposing of the products of such labor and applying the proceeds thereof to the support of the institution.]

     [205.670. The several county commissions shall set apart from the revenues of the counties such sums for the annual support of the poor as shall seem reasonable, which sums the county treasurers shall keep separate from other funds, and pay the same out on the warrants of their county commissions.]

     [205.680. Any county which now has or may hereafter have within such county a city having a special charter and which city now has or may hereafter have a population of not less than ten thousand inhabitants and not more than thirty thousand inhabitants shall, out of the funds of such county, provide for the care of the poor in said county, including poor of such city or cities, and no such city shall hereafter be exempt from any tax for the support of the poor of such county. No money shall hereafter be refunded to any such city by any such county on account of any money expended by said county for the support of the poor of said county.]

     [205.690. Whenever such poorhouse or houses are erected, the county commission shall have power to appoint a fit and discreet person to superintend the same and the poor who may be kept thereat, and to allow such superintendent a reasonable compensation for his services.]

     [205.700. Such superintendent shall have power to cause persons kept at such poorhouse, who are able to do useful labor, to perform the same by reasonable and humane coercion.]

     [205.710. The county commission may at any time, for good cause, remove the superintendent and appoint another to fill the vacancy.]

     [205.720. It shall be the duty of the superintendent of the poor, or poor farm, as provided for in sections 205.580 to 205.760, to keep a book furnished by the county commission, and enter therein a book account of all business transactions had or done or caused to be done by him as superintendent. Said book shall show an itemized account of all farm products, stock and other articles sold by the superintendent or by his authority, and of all articles purchased for the use of the poor, or for the use or improvement of the poor farm or the buildings thereon, and of all expenses for farm labor and other work or services done by order or contract of the superintendent, and of such other items as may be ordered kept therein by the county commission.]

     [205.730. It shall be the duty of the superintendent to appear before the county commission on the first day of every regular session thereof, and at such other times as the commission may require, and present said book to said commission for their inspection. Should the superintendent fail or refuse to keep such book and present the same to the county commission, as provided in sections 205.580 to 205.760, it shall be considered sufficient cause for his removal, and it shall be the duty of the county commission to remove the same, and appoint another to fill the vacancy.]

     [205.740. All money that shall come into the hands of the superintendent from the sale of farm products, stock or other articles belonging to the county, and all other money belonging to the county that shall come into his hands from other sources, except by warrants drawn in his favor by the county commission, shall be paid into the county treasury and placed with the fund for the support of the poor, and a receipt taken for the same.]

     [205.750. Every superintendent, before entering upon his duties, shall enter into a bond to the state of Missouri in a sum not less than five hundred nor more than three thousand dollars, to be determined by the county commission, conditioned that he will faithfully account for all money belonging to the county that shall come into his hands, and that he will exercise due diligence and care over property belonging to the county, under his control. Said bond shall be approved by the county commission and filed with the clerk thereof.]

     [205.760. Sections 205.720 to 205.750 shall not apply to any county where the support and keeping of the poor is let out by contract, nor to any county where the superintendent rents or leases the poor farm and stocks the same and furnishes the necessary farm implements used thereon at his own expense, and carries on said farm at his own expense.]

     [205.765. 1. The county commission of any county of the first class may by resolution create a department of health and welfare which department shall be operated in the manner hereinafter set out.

     2. Notwithstanding the provisions of subsection 1, no department of health and welfare shall be created in any county of the first class not having a charter form of government in which a county health center has been established pursuant to the provisions of sections 205.010 to 205.150, whether or not the health center is established prior to the county's attaining first class status.]

     [205.766. 1. The commissioners of the county commission shall during their term of office serve as commissioners of health and welfare of their respective counties and shall have charge and control of all county hospitals, clinics, health centers, institutions for the insane and all county corrective, welfare and eleemosynary institutions except the county jail and the place of detention used by the juvenile court.

     2. Said commissioners shall have supervision of the rehabilitation of all state prisoners in the county jail after conviction and sentence thereto, subject to the approval of the county sheriff.

     3. They shall perform investigational case work, excepting that relating to adoption, probation and detention of juveniles, in all cases involving the distribution and expenditure of any county funds.

     4. They shall administer all laws relating to the county support of the poor and shall have charge of all boarding home care for all juveniles subject to the jurisdiction of the juvenile court and shall perform such other duties as provided by law.]

     [205.767. The commissioners of health and welfare may appoint a director of health and welfare and the commissioners shall fix his compensation. The commissioners may also employ such assistants as are necessary and shall fix their compensation. The cost of salaries and expenses of the department shall be apportioned to any appropriate county fund.]

     [205.769. 1. Any first class county not having a charter form of government and adjacent to a county of the first class having a charter form of government which does not contain a city with a population of three hundred thousand or more, and adjacent to not more than one county of the second class, may make health inspections of premises on or from which food is prepared, served, or sold to members of the general public for consumption by humans; except this act shall not apply to hospitals licensed under chapter 197, RSMo, or to nursing homes licensed under chapter 198, RSMo. Any county which makes inspections as authorized by this section shall also have the power and authority to issue licenses and to charge reasonable fees for such inspections, which fees shall not exceed the amount necessary to fund and implement an inspection program established pursuant to this section.

     2. Such inspections shall be performed at least annually according to procedures established by the Missouri department of health and shall be performed in the most cost efficient manner. Inspections shall be performed by qualified employees of the county, or by contracting such services on a fee basis, at the discretion of the county commission. Any person making such inspections must meet the Missouri department of health qualifications.

     3. No establishment described in subsection 1 of this section shall be issued a county license until it has passed inspection. Any such establishment which has been licensed and subsequently fails an inspection shall be given ten days to correct its deficiencies and if such establishment fails to correct its deficiencies, it shall be subject to license suspension and suspension of operations. If the establishment operates without the license, the owner is guilty of a class B misdemeanor. The license shall remain suspended until the deficiencies are corrected.

     4. New establishments must submit plans for their operation to the county health department before construction proceeds and licenses are sought. Establishments already doing business in the county shall not be subject to this subsection.

     5. All religious, educational, nonprofit, fraternal or civic organizations shall be exempt from the fees authorized by the provisions of subsection 1 of this section.

     6. From and after August 13, 1986, health inspections of the establishments described in subsection 1 of this section shall be performed only by the county and the state. Municipalities may provide for such health inspections only in those counties which do not provide for a health inspection throughout the county.]

     [205.840. It shall be the duty of the board of police commissioners of said cities, and the health officers of said cities and counties to render said social welfare board, its officers and agents, such aid as may be requested by them, or either of them, whenever such aid requested shall reasonably come within the duties of said police board, its agents or officers or the health officers aforesaid.]

     [205.850. The county commission in counties of the third and fourth classes may in its discretion, with an order of the juvenile court showing approval, appoint a county superintendent of public welfare, and such assistants as it may deem necessary. Whenever the county commission of any county has appointed a superintendent of public welfare such officer shall assume all the powers and duties now conferred by law upon the probation or parole officer of such county and shall assume all the powers and duties of the attendance officer in said county and all the powers and the duties of the attendance officer in any incorporated town or village having a population of more than one thousand inhabitants, and no other or different probation or parole officer or attendance officer or officers shall be appointed by the judge of the juvenile court, by the county superintendent of public schools, or by the school board or any incorporated city, town, or village school district or consolidated school district.]

     [205.860. The county commission shall fix the salary of the county superintendent of public welfare and of his assistants in its county.]

     [205.870. It shall be the duty of the county superintendent of public welfare to administer all of the funds of the county devoted to outdoor relief and allowances to needy mothers. He shall seek to discover any cases of neglect, dependent, defective or delinquent children in the county, and take all reasonable action in his power to secure for them the full benefit of the laws enacted for their benefit. Assistants to the county superintendents of public welfare shall perform such of the duties of the county superintendent of public welfare as he may assign to them.]

     [205.880. The county superintendent of public welfare may be deputized or authorized and required by the department of social services to act as its agent in relation to any work to be done by said department within the county, and when said county superintendent is so authorized as the agent of the department of social services, he shall have the same powers and authority as are given to the department of social services. The county superintendent of public welfare may at any time call on the department of social services for advice and assistance in the performance of his duties.]

     [205.890. The county superintendent of public welfare in each county shall, upon the request of the department of mental health, and in accordance with its direction, give special care and attention to the needs of any patient recently discharged from the state hospital for the insane who resides in his county, either on parole or permanent discharge, to the end that such patients may be established in such favorable circumstances as shall tend to prevent their relapse into insanity, and shall report on the progress of such former patients to the department of mental health, and under its direction, to the institution from which they have been paroled or discharged.]

     [205.900. 1. The county superintendent of public welfare shall give such oversight and supervision to prisoners who are on parole from the state penitentiary and are residing in his county, and to persons who are on parole from the Missouri Reformatory, and Missouri Training School for Boys and to girls on parole from the State Training School for Girls or from the State Training School for Negro Girls, as may be requested by the state department of corrections and human resources and shall report upon the progress of said paroled prisoners to the state department of corrections and human resources as often as it may request.

     2. The county superintendent of public welfare in each county shall give oversight and supervision to prisoners on parole or probation by any court in the state of Missouri and shall investigate applications for clemency when requested to do so by said courts, and shall report in regard to each person placed under his supervision to the court placing said persons under his supervision.

     3. The county superintendent of public welfare shall also give oversight and supervision to children placed on parole or probation by the juvenile court or the court having jurisdiction of children's cases in his county when requested to do so by said court and shall report to said court upon progress of persons thus placed on parole or probation.]

     [205.910. The county superintendent of public welfare in each county shall cooperate with the state employment bureaus and shall, upon request of the head of such bureaus, furnish data with regard to the opportunities for employment in their respective counties and shall aid and assist in any practical way in securing employment for the unemployed in his county.]

     [205.920. The county superintendent of public welfare and his assistants may be deputized by the director of the inspection section of the department of labor and industrial relations, as his agent or agents, and when they are so deputized by the director, they shall have the same powers and authority as deputy industrial inspectors.]

     [205.930. The county superintendent of public welfare shall investigate the conditions of living among the poor, sick and delinquent in the county and examine thoroughly into causes of crime and poverty in the county and shall make recommendations from time to time to the proper state department, and to proper local authorities as to any change in conditions or in legislation necessary to prevent or reduce poverty, crime or distress in the state.]

     [205.940. The records of cases handled and business transacted by the county superintendent of public welfare shall be kept in such manner and form as may be prescribed by the department of social services.]

     [205.950. The county superintendent of public welfare shall each year prepare and keep on file, a full report of his work and proceedings during the year, and shall file a copy with the county commission and with the secretary of the department of social services.]

     [207.090. 1. The division of family services of the department of social services shall, in cooperation with the division of aging, develop and establish a pilot project for the employment of persons age fifty-five or older as part-time case workers for the division. The project shall be of a three-year duration and shall be funded by federal funds and state appropriations made for that purpose, not to exceed fifty percent of the total cost of the project, and donations received from private persons, firms, or corporations. The project shall not exceed ten senior citizens at any one time, and no one senior citizen shall be assigned more than ten cases at any one time. The participants shall be compensated for their services in an amount not to exceed five thousand dollars a year each. The pilot project shall be established in each county of the first classification containing the major part of a city with a population of more than three hundred thousand. Annually, the division of family services shall report on the project to the governor and the general assembly.

     2. The section shall expire on August 28, 1997.]

     [208.040. 1. Aid to families with dependent children shall be granted on behalf of a dependent child or children and may be granted to the parents or other needy eligible relative caring for a dependent child or children who:

     (1) Is under the age of eighteen years; or is under the age of nineteen years and a full-time student in a secondary school (or at the equivalent level of vocational or technical training), if before the child attains the age of nineteen the child may reasonably be expected to complete the program of the secondary school (or vocational or technical training);

     (2) Has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and who is living with father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece, in a place of residence maintained by one or more of such relatives as the child's own home, and financial aid for such child is necessary to save the child from neglect and to secure for the child proper care in such home. Physical or mental incapacity shall be certified to by competent medical or other appropriate authority designated by the division of family services, and such certificate is hereby declared to be competent evidence in any proceedings concerning the eligibility of such claimant to receive aid to families with dependent children benefits. Benefits may be granted and continued for this reason only while it is the judgment of the division of family services that a physical or mental defect, illness or disability exists which prevents the parent from performing any gainful work;

     (3) Is not receiving supplemental aid to the blind, blind pension, supplemental payments, or aid or public relief as an unemployable person;

     (4) Is a resident of the state of Missouri.

     2. The division of family services shall require as additional conditions of eligibility for benefits that each applicant for or recipient of aid:

     (1) Shall furnish to the division the applicant or recipient's social security number or numbers, if the applicant or recipient has more than one such number;

     (2) Shall assign to the division of family services in behalf of the state any rights to support from any other person such applicant may have in the applicant's own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid. An application for benefits made under this section shall constitute an assignment of support rights which shall take effect, by operation of law, upon a determination that the applicant is eligible for assistance under this section. The assignment is effective as to both current and accrued support obligations and authorizes the division of child support enforcement of the department of social services to bring any administrative or judicial action to establish or enforce a current support obligation, to collect support arrearages accrued under an existing order for support, or to seek reimbursement of support provided by the division;

     (3) Shall cooperate with the divisions of family services and of child support enforcement unless the division of family services determines in accordance with federally prescribed standards that such cooperation is contrary to the best interests of the child on whose behalf aid is claimed or to the caretaker of such child, in establishing the paternity of a child born out of wedlock with respect to whom aid is claimed, and in obtaining support payments for such applicant and for a child with respect to whom such aid is claimed, or in obtaining any other payments or property due such applicant or such child. The divisions of family services and of child support enforcement shall impose all penalties allowed pursuant to federal participation requirements;

     (4) Shall cooperate with the department of social services in identifying and providing information to assist the state in pursuing any third party who may be liable to pay for care and services available under the state's plan for medical assistance as provided in section 208.152, unless such individual has good cause for refusing to cooperate as determined by the department of social services in accordance with federally prescribed standards; and

     (5) Shall participate in any program designed to reduce the recipient's dependence on welfare, if requested to do so by the department of social services.

     3. The division shall require as a condition of eligibility for AFDC benefits that a minor child under the age of eighteen who has never married and who has a dependent child in his or her care, or who is pregnant and otherwise eligible for AFDC benefits, shall reside in a place of residence maintained by a parent, legal guardian, or other adult relative or in some other adult-supervised supportive living arrangement, as required by section 403 of P.L. 100-485. Exceptions to the requirements of this subsection shall be allowed in accordance with requirements of the federal Family Support Act of 1988 in any of the following circumstances:

     (1) The individual has no parent or legal guardian who is living or the whereabouts of the individual's parent or legal guardian is unknown; or

     (2) The division of family services determines that the physical health or safety of the individual or the child of the individual would be jeopardized; or

     (3) The individual has lived apart from any parent or legal guardian for a period of at least one year prior to the birth of the child or applying for benefits; or

     (4) The individual claims to be or to have been the victim of abuse while residing in the home where she would be required to reside and the case has been referred to the child abuse hotline and a "reason to suspect finding" has been made. Households where the individual resides with a parent, legal guardian or other adult relative or in some other adult-supervised supportive living arrangement shall, subject to federal waiver to retain full federal financial participation and appropriation, have earned income disregarded from eligibility determinations up to one hundred percent of the federal poverty level.

      4. If the relative with whom a child is living is found to be ineligible because of refusal to cooperate as required in subdivision (3) of subsection 2 of this section, any aid for which such child is eligible will be paid in the manner provided in subsection 2 of section 208.180, without regard to subsections 1 and 2 of this section.

     5. The department of social services may implement policies designed to reduce a family's dependence on welfare. The department of social services is authorized to implement these policies by rule promulgated pursuant to section 660.017, RSMo, and chapter 536, RSMo, either statewide or as pilot projects, in certain geographic areas, subject to obtaining necessary federal waivers and appropriation authority, and in compliance with state statutes. These policies may include:

     (1) Increasing the earned income and resource disregards allowed recipients to help families achieve a gradual transition to self-sufficiency, including implementing policies to simplify employment-related eligibility standards by increasing the earned income disregard to two-thirds by July 1, 1998;

     (2) Supplementing wages for recipients for the lesser of forty-eight months or the length of the recipient's employment by diverting the aid to families with dependent children grant to employers who hire such recipients, provided that the department of social services shall develop a methodology and a process for addressing instances where a regular employee claims job loss because of replacement solely due to the employer's preference for hiring a worker whose wage is supplemented by an aid to families with dependent children grant.

     6. Upon receipt of a federal waiver which allows such, the work history requirements and definition of "unemployed" shall not apply to parents under age twenty-one in order for these parents to be eligible for assistance under section 208.041.]

     [208.041. 1. Notwithstanding the provisions of subdivision (2) of section 208.050, the provisions of section 208.040 shall also apply to a needy child who has been deprived of parental support or care by reason of the unemployment of a parent as such term "unemployment" is defined and determined by the division of family services pursuant to applicable federal law and regulations. The unemployed parent, for whose child or children benefits may be received, is eligible for payments and under this section must:

     (1) Be physically present in Missouri, living in the home with the child or children, actively seeking employment, and complying with requirements made by the division of family services pursuant to applicable state and federal requirements for registration with the United States Secretary of Labor or his representative regarding employment, training, work incentive and special work projects;

     (2) Have been unemployed for at least thirty days prior to receiving benefits under this section and must apply for and receive any unemployment benefits to which he or she is entitled, such benefits to be considered as unearned income in determining eligibility for aid to families with dependent children;

     (3) Not have refused without good cause, within such thirty-day period prior to the receipt of such aid, any bona fide offer of employment which he or she is physically able to perform and otherwise qualified to engage in;

     (4) Not have refused, without good cause, vocational rehabilitation, education, training, work incentive or special work projects offered;

     (5) (a) Have six or more quarters of work within any thirteen-calendar-quarter period ending within one year prior to the application for such aid or have received or have been qualified to receive unemployment compensation within such one-year period;

     (b) A "quarter of work" with respect to any individual shall mean a period of three consecutive calendar months ending on March thirty-first, June thirtieth, September thirtieth, or December thirty-first in which he or she received earned income of not less than fifty dollars or in which he or she participated in a community work and training program or the work incentive program;

     (c) An individual shall be deemed "qualified" for unemployment compensation under the state's unemployment compensation law if he or she would have been eligible to receive such benefits upon filing application, or he or she performed work not covered by such law which, if it has been covered, would, together with any covered work he or she performed, have made him or her eligible to receive such benefits upon filing application; and

     (6) Be the natural or adoptive parent of the child or children or legally responsible for the support of the child or children.

     2. The division of family services shall enter into a cooperative agreement with the state department of elementary and secondary education and the coordinating board for higher education for use of public vocational rehabilitation and education services and facilities in respect to the unemployed parent to the end that those capable of assimilating and utilizing the same may be trained or retrained.

     3. The division of family services shall enter into an agreement with the division of employment security for registration and reregistration of unemployed parents, and shall refer them to the United States Secretary of Labor or his representative, within thirty days of receiving assistance, for the purpose of providing employment, training, work incentive and special work projects for all eligible unemployed parents as provided in section 208.042.

     4. Payments shall be prorated within the limits of the appropriations, and shall not exceed the amount of the appropriations made therefor.

     5. This section shall not become effective until June 16, 1983.]

     [208.042. 1. In households containing recipients of aid to families with dependent children benefits, each appropriate child, relative or other eligible individual sixteen years of age or over shall be referred by the division of family services to the United States Secretary of Labor or his representative for participation in employment, training, work incentive or special work projects when established and operated by the secretary, to afford such individuals opportunities to work in the regular economy and to attain independence through gainful employment.

     2. The division of family services, pursuant to applicable federal law and regulations, shall determine the standards and procedures for the referral of individuals for employment, training, work incentive and special work projects, which shall not be refused by such individuals without good cause; but no recipient or other eligible individual in the household shall be required to participate in such work programs if the person is

     (1) Ill, incapacitated, or of advanced age;

     (2) So remote from the location of any work or training project or program that he cannot effectively participate;

     (3) A child attending school full time;

     (4) A person whose presence in the household on a substantially continuous basis is required because of illness or incapacity of another member of the household.

     3. The division of family services shall pay to the United States Secretary of Labor or his representative up to twenty percent of the total cost, in cash or in kind, of the work incentive programs operated for the benefit of the eligible persons referred by the division of family services; and the division of family services shall pay an amount to the secretary for eligible persons referred to and participating in special work projects not to exceed the maximum monthly payments authorized under sections 208.041 and 208.150 for recipients of public assistance benefits. An allowance in addition to the maximum fixed by section 208.150 may also be made by the division of family services for the reasonable expenses of any needy child or needy eligible relative which are attributable to his participating in a work training or work incentive program.

     4. If an eligible child or relative refuses without good cause to participate in any work training or work incentive program to which he has been referred, payment to or on behalf of the child or relative may be continued for not more than sixty days thereafter, but in such cases payments shall be made pursuant to subsection 2 of section 208.180. If a relative has refused to so participate, payments on behalf of the eligible children cared for by the relative shall be made pursuant to subsection 2 of section 208.180.

     5. The division of family services is authorized to expend funds to provide child day care services, when appropriate, for the care of children required by the absence of adult persons from the household due to referral and participation in employment, training, work incentive programs or special work projects.]

     [208.043. 1. Notwithstanding the provisions of section 208.040, aid to dependent children benefits shall be granted on behalf of a needy child and may be granted to a needy eligible legal guardian caring for a needy dependent child who:

     (1) Has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent;

     (2) Is living with a legal guardian;

     (3) Is under the age of eighteen; and

     (4) Is not eligible for aid to dependent children benefits under section 208.040 because the child is not living with a specified relative.

     2. The amount of the monthly public assistance benefit payable hereunder shall be determined by the standards set forth in section 208.150.]

     [208.047. 1. Notwithstanding the provisions of section 208.040, aid to dependent children benefits may be granted to a dependent child:

     (1) Who would meet the requirements of section 208.040, except for his removal from the home of a relative as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child;

     (2) For whose placement and care the division of family services is responsible;

     (3) Who has been placed in a foster family home or nonprofit private child-care institution as a result of such determination; and

     (4) Who (a) received aid to dependent children benefits in and for the month in which court proceedings leading to such determination were initiated; or (b) would have received aid in or for that month if application had been made therefor; or

     (c) in the case of a child who had been living with a relative specified in section 208.040 within six months prior to the month in which such proceedings were initiated, would have received aid in and for such month, if in such month he had been living with, and removed from the home of, such a relative and application had been made therefor.

     2. Monthly aid to dependent children benefits on behalf of a child placed in a foster family home or nonprofit private child-care institution shall not exceed one hundred dollars for each child and in the event that federal aid to states for dependent children placed in a nonprofit private child-care institution is withdrawn, benefit payments under this section shall be terminated on behalf of a dependent child in a nonprofit private child-care institution.]

     [208.048. 1. A dependent child eighteen years of age shall, in order to retain eligibility for aid to families with dependent children, be enrolled as a full-time student in a public or private secondary school, or an equivalent level of vocational or technical school in lieu of secondary school, and reasonably expected to complete the program of the secondary school, or equivalent vocational or technical training.

     2. The department of social services shall promulgate rules and regulations to carry out the provisions of this section pursuant to section 660.017, RSMo, and chapter 536, RSMo.]

     [208.050. Aid to families with dependent children benefits shall not be granted or continued:

     (1) Unless the benefits granted are used to meet the needs of the child and the needy eligible relative caring for a dependent child;

     (2) To any person when benefits are claimed by reason of his physical or mental incapacity, and such person refuses to accept vocational rehabilitation services or training or medical or other legal healing treatment necessary to improve or restore his capacity to support himself and his dependents, and it is certified by competent medical authority designated by the division of family services that such physical or mental incapacity can be removed, corrected or substantially improved; provided, however, the division of family services may in its discretion waive this requirement, taking into consideration the age of the individual, nature and extent of training and treatment, or whether he endangers the health of others in his refusal, whether the training or treatment is such that a reasonably prudent person would accept it, and all other facts and circumstances in the individual case;

     (3) To a household that receives in any month an amount of income which together with all other income for that month, not excluded or disregarded by the division, exceeds the standard of need applicable to the family:

     (a) Such amount of income shall be considered income to the individual in the month received, and the household of which such person is a member shall be ineligible for the whole number of months that equals the sum of such amount and all other income received in such month, not excluded or disregarded by the division, divided by the standard of need applicable to the family;

     (b) Any income remaining shall be treated as income received in the first month following the period of ineligibility specified in paragraph (a);

     (c) For the purposes of this subdivision, where consistent with federal law or regulation, "income" shall not include the proceeds of any life insurance policy, or prearranged funeral or burial contract, provided that such proceeds are actually used to pay for the funeral or burial expenses of the deceased family member.]

     [208.339. The office of administration, division of personnel, shall explore telecommuting employment options for aid to families with dependent children recipients.]

     [208.342. The director of the department of social services shall, in conjunction with the state treasurer's office, coordinate an earned income tax credit program for qualifying AFDC recipients.]

     [208.400. As used in sections 208.400 to 208.425 and section 452.311, RSMo, the following terms mean:

     (1) "Case manager", an employee of the division having responsibility for the assessment of the participant's educational and employment needs and for assisting the participant in the development and execution of the service plan;

     (2) "Community work experience program", as defined under section 201 of the Family Support Act of 1988 (P.L. 100-485), a program designed to enhance the employability of participants not otherwise able to obtain employment through providing training and an actual work experience;

     (3) "Department", the department of social services;

     (4) "Division", the division of family services of the department of social services;

     (5) "Educational component", that portion of the Missouri job opportunities and basic skills training (JOBS) program which is intended to provide educational opportunities for participants. This component will include:

     (a) "Adult basic education", any part-time or full-time program of instruction emphasizing reading, writing and computation skills, including day classes or night classes, which prepares a person to earn a Missouri high school equivalency certificate pursuant to section 161.093, RSMo;

     (b) "High school education", instruction in two or more grades not lower than the ninth nor higher than the twelfth grade which leads to the award of a diploma provided by any school to a person, to the extent that such instruction conforms to the requirements established pursuant to section 201 of P.L. 100-485 and federal regulations promulgated under said section;

     (c) "Postsecondary education", any part-time or full-time program of instruction in a community junior college, college or university as allowed by regulations of the department of health and human services; and

     (d) "Vocational education", any part-time or full-time program of instruction of less than baccalaureate grade, including day classes or night classes, which prepares a person for gainful employment;

     (6) "Employment component", that portion of the Missouri JOBS program which is intended to provide employment counseling, training, and referral and employment opportunities for participants;

     (7) "JOBS", the job opportunities and basic skills training program for AFDC recipients developed by the division of family services;

     (8) "Participant", any recipient who is participating in the Missouri JOBS program;

     (9) "Recipient", any person receiving aid to families with dependent children benefits under section 208.040 or 208.041;

     (10) "Service plan", as defined in section 201 of the Family Support Act of 1988 (P.L. 100-485), an employability plan designating the services to be provided by the department and the activities in which the participant will be involved; and

     (11) "Transitional child care services", child day care services provided, as defined in sections 301 and 302 of the Family Support Act of 1988 (P.L. 100-485), to participants who have become ineligible for such services due to the increased wages of or hours of employment.]

     [208.405. 1. No later than October 1, 1990, the division of family services shall establish and operate a job opportunities and basic skills training (JOBS) program for AFDC recipients.

     2. The division of family services, subject to appropriation, shall administer the job opportunities and basic skills training (JOBS) program as provided in Part F of Title IV of the Social Security Act.

     3. Pursuant to Public Law 100-485, state funds expended for education, training and employment activities, including supportive services, to assist aid to families with dependent children recipients in becoming self-sufficient shall be no less than the level expended for such purposes in fiscal year 1986.

     4. The department shall plan and coordinate all the JOBS program with the Missouri Job Training Coordinating Council, educational training and basic skills training and opportunities afforded under the provisions of this act with the department of elementary and secondary education, the department of labor and industrial relations and the department of economic development so as not to duplicate any existing program and services now offered. The existing personnel in those departments together with such added personnel as may be authorized by appropriations shall be utilized in carrying out the provisions of this act.]

     [208.410. 1. The division, in determining the priority of participation by individuals, shall give priority to volunteers as described in section 201 of P.L. 100-485.

     2. The state plan for the job opportunities and basic skills training program shall include a publicity or recruitment program the goal of which shall be to ensure that volunteers for participation in the job opportunities and basic skills training program are served first and are given preference for available education, training and support services.

     3. Any recipient who has a child under three years of age living in the home and is personally providing care for the child shall be exempt from required participation in the JOBS program.

     4. Prior to the termination of any benefits or supportive services of a participant by the division as a sanction authorized pursuant to the provisions of this section, the participant shall be afforded a pretermination hearing, on the record, with an opportunity for the participant to be heard.

      5. No person shall without good cause, as such term is defined in Public Law 100-485 and regulations defined thereunder, refuse services offered by the division pursuant to this section. The division may, by rule and regulation, provide sanctions against any person who violates the provisions of this subsection. Sanctions shall be consistent with the provisions of Title II, Section 201 of the Family Support Act of 1988.]

     [208.415. 1. The division shall adopt rules and regulations pursuant to chapter 536, RSMo, to administer such program. Such rules shall include procedures for referral of individuals for education, employment, job search, training including on-the-job training, and special work projects. Such rules may implement any optional provision of the Family Support Act of 1988.

     2. An initial assessment of the educational, child care, and other supportive services needs as well as the skills, prior work experience, and employability of each participant in the program including a review of the family circumstances shall be completed for all participants. This assessment shall be completed in consultation with the participant.

     3. On the basis of the assessment, the division, in consultation with the participant, shall develop a service plan for the participant. The service plan shall explain the services that will be provided by the state agency and the activities in which the participant will take part under the program, including child care and other supportive services, shall set forth a service goal for the participant, and shall, to the maximum extent possible and consistent with sections 208.400 to 208.425, and section 452.311, RSMo, reflect the respective preferences of such participant. The plan shall take into account the participant's supportive services needs, available program resources, and local employment opportunities. The plan shall include a description of the rights, duties, and responsibilities of the participant and the division.

     4. The division may operate a community work experience program in accordance with section 201 of P.L. 100-485. The program shall be voluntary for thirty-six months after July 27, 1989, after which time those individuals who have received AFDC benefits for thirty-six of the preceding sixty months may be required to participate in the community work experience program.]

     [208.500. 1. Sections 208.500 to 208.507 shall be known as "Transitional Benefits Demonstration Project". Subject to appropriations and receipt of a federal waiver, the division of family services shall establish a three-year demonstration project which shall provide transitional benefits to families who lose their eligibility for assistance under aid to families of dependent children because of an increase in earned income.

     2. As used in sections 208.500 to 208.507, the following terms mean:

     (1) "Child care", child care services provided by the division of family services;

     (2) "Division", division of family services of the department of social services;

     (3) "Medical services", those services provided for under section 208.152;

     (4) "Participant", any recipient who is participating in the demonstration project;

     (5) "Project", a demonstration project directed at AFDC recipients who become ineligible for benefits due to an increase in earned income, in which such recipients can receive child care and medical services for an indefinite period of time, not to exceed three years, to assist in the transition from welfare to employment;

     (6) "Recipient", any person receiving aid to families of dependent children benefits under section 208.040 or 208.041.]

     [208.503. 1. The division shall select project participants from applicants who meet the criteria and requirements set forth in subsection 3 of this section.

     2. Subject to appropriations, the division shall provide child care and medical services to no more than two hundred fifty head-of-household participants. Such child care and medical services will continue until the earned income of the participant is at least two times the minimum wage. The division shall deliver the transitional child care assistance through a vendor voucher payment or purchase of service system which requires that as the recipient's earned income increases, the recipient shall contribute to the cost of the assistance in accordance with a sliding scale fee established by rule.

     3. In order to be considered for selection as a prospective project participant pursuant to sections 208.500 to 208.507:

     (1) A person shall apply to the division to participate in the program;

     (2) An applicant shall have been a recipient of AFDC benefits for at least twelve of the last thirty-six months preceding application;

     (3) The applicant shall have become ineligible for AFDC benefits due to an increase in earned income, within the year preceding application, or is currently receiving transitional child care services as defined in section 208.400;

     (4) The applicant shall be employed at the time of application and not receiving employer paid child care or medical services;

     (5) The applicant shall meet any other criteria as determined by the division of family services.]"; and

     Further amend said bill, Page 206, Section 5, Line 6 of said page, by inserting immediately after all of said line the following:

     "Section 6. 1. By July 1, 1997, the department of social services shall establish and implement the "Families Work Program" in accordance with "The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Title IV, Section 401 et seq., as amended. All funds received by the state for this program shall be subject to appropriation by the state legislature consistent with the terms and conditions of Part A of Title IV of the Social Security Act and the Child Care and Development Block Grant Amendments of 1996, as amended, and any applicable state laws.

     2. The department of social services shall inform all applicants and recipients of assistance of any funds through the families work program that such assistance shall be used for the purpose of obtaining self-sufficiency.

     3. Unless otherwise indicated in this legislation, the department of social services shall act consistently with the provisions certified in the plan submitted to the United States Department of Health and Human Services on September 30, 1996, or subsequent certification dates for funds from the Temporary Assistance for Needy Families Block grant. As indicated in that plan, the state of Missouri shall:

     (1) Operate a child support enforcement program;

     (2) Operate a foster care and adoption assistance program; and

     (3) Establish and enforce standards and procedures to ensure against program fraud, including prevention of nepotism, conflicts of interest and kickbacks.

     4. The state of Missouri shall also continue to operate the following waivers granted under section 1115 of the Social Security Act:

     (1) The Missouri families mutual responsibility plan that began on July 1, 1995, and is scheduled to operate through June 30, 2000, statewide; and

     (2) The 21st century communities demonstration plan that began on January 31, 1993, and is scheduled to operate through January 31, 2005.

     5. The goals of the families work program are to:

     (1) Move families from welfare to work and increase their opportunities to achieve self-sufficiency;

     (2) Insure accountability on the part of persons who receive government assistance and the state agencies' administering programs that serve Missouri's low-income families;

     (3) Create a program that is tailored to meet the individual needs of the adult diverse population as a transition to work;

     (4) Provide assistance to Missouri's needy children and families while maintaining assistance on a fair and consistent basis through the state;

     (5) Encourage and facilitate meaningful contact and relationships between children and non-custodial parents whenever it is in the best interest of the children;

     (6) Build on Missouri's already successful welfare reform efforts;

     (7) Maximize Missouri's receipt of federal funds;

     (8) Simplify program rules by coordinating Missouri's programs that serve low-income families;

     (9) Insure health care coverage to the maximum extent possible for needy children and families; and

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

     6. The department of social services shall administer a fund to be known as the "Missouri Families Work Program Fund", which is hereby created in the state treasury. Moneys deposited in the fund shall equal one hundred percent of federal funds granted to the state by the United States Department of Health and Human Resources pursuant to The Personal Responsibility and Work Opportunity and Reconciliation Act of 1996, as amended, also known as the federal TANF block grant, moneys appropriated by the general assembly and any private donations or grants.

     7. The unexpended balance of funds received from the federal TANF Block Grant, and the interest earned on such funds at the end of any biennium year shall be exempt from the provisions of section 33.080, RSMo, relating to the transfer of unexpended balances to the general revenue fund.

     8. The department of social services, division of family services shall collect and record in computer readable format data describing the demographics of persons applying for and receiving or not receiving public assistance and the actions taken by the department of social services, division of family services. The data shall cover applications, determinations of eligibility, granting, changing or denying benefits, amounts of benefits, sanctions, length of time on public assistance, age, physical or mental disability, incapacity to work as provided in subsection 7 of section 8 of this act, county and zip code of residence. The data collection shall be integrated with the tracking required under The Personal Responsibility and Work Opportunity Reconciliation of 1996, as amended, to avoid duplication.

     9. The data, devoid of personal identification, shall be made available at actual cost of reproduction to universities or colleges and state agencies doing research on public assistance programs in a computer readable format.

     10. The office of administration shall contract with a university, college or other agency independent of the department which has demonstrated expertise and experience in evaluating the success of programs of public assistance or human social development. In developing the request for proposal, the office of administration shall consult with the departments of elementary and secondary education, social services, mental health, labor and industrial relations, health and economic development. The purpose of the study will be to measure the performance of the public assistance system including inequities in the system. The scope of the study shall apply the science of statistics and probability to identify the demographics of persons receiving public assistance and the response of the public assistance system to the needs of the applicants and recipients. The study shall also look for patterns and anomalies based upon residence, county, division of family services region, race, age, marital status, gender, or other demographic categories.

     11. The contractor shall do an annual analysis of the data and report on the performance of the public assistance system and any anomalies and inequities to the department of social services, the governor and the general assembly.

     12. Upon the termination of any benefits or supportive services of a participant by the division as a sanction authorized pursuant to the provisions of this section, the participant shall be afforded a post-termination hearing within thirty days, on the record, with an opportunity for the participant to be heard.

     13. No person shall without good cause, as such term is defined in Public Law 104-193 and regulations defined thereunder, refuse services offered by the department pursuant to this section. The department may provide sanctions against any person who violates the provisions of this subsection.

     14. In recognition of the reality of family violence for some individuals who may need public assistance, and to ensure that applicants and recipients who are victims of abuse as defined in section 445.010, RSMo, are not placed at risk of abuse or unfairly penalized, the department shall, in accordance with the plan identified in subsection 3 of this section:

     (1) Identify applicants and recipients who are such victims while protecting their confidentiality;

     (2) Refer these individuals for supportive domestic violence services to increase self-sufficiency;

     (3) Assess the need for a determination of good cause or hardship exemptions from families work requirements if such requirements place such applicants and recipients at risk of abuse.

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

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

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

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

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

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

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

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

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

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

     16. The department of social services is authorized to propose rules and regulations necessary to implement the programs and sanctions referenced in this section only as provided pursuant to chapter 536, RSMo and section 660.017, RSMo.

     Section 7. 1. Subject to necessary federal waivers and appropriation authority, the department of social services shall implement programs and policies designed to provide transistion to work benefits, as determined through an individualized assessment of needy families, as a part of the self-sufficiency pact. These programs shall include cash benefits, transportation assistance, child care and assistance with expenses related to job placement and employment. Child care income guidelines shall be assessed annually to determine if the availability of resources is sufficient. The eligibility criteria shall not exceed the income eligibility requirements for Medicaid for pregnant women and children. The department may implement such programs statewide or as pilot projects in specific geographical locations. These shall include programs designed to supplement the wages of recipients of benefits for twelve months or as provided by federal waivers by directing benefits provided through the work first program to employers who hire such individuals, pursuant to section 23 of this act.

     2. Nothing in this section shall preempt or supersede any provision of state law that provides greater protection for employees from job displacement.

     Section 8. 1. Missouri shall maintain its effort of spending in order to maximize the state's receipt of federal funds under The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, and to successfully implement programs that serve Missouri's low-income families and help them achieve self-sufficiency. The state of Missouri shall:

     (1) Appropriate no less than one hundred percent of its fiscal year 1994 non-federal expenditures on "qualified state expenditures" as defined in section 409(a)(7)(B) of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended; and

     (2) Maintain at least one hundred percent of the greater of its fiscal year 1994 or fiscal year 1995 non-federal expenditure on child care programs, as required by section 603(b) of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, in order to draw down the maximum amount of federal child care funds available to Missouri under The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended.

     2. The qualified state expenditures that will count toward the maintenance of effort requirement for the TANF block grant are:

     (1) State spending in the program created by the block grant on eligible families for:

     (a) Cash assistance;

     (b) Child care;

     (c) Educational activities, designed to increase self-sufficiency, job training and work, excluding any expenditure for public education except expenditures which involve the provision of services or assistance to a member of an eligible family which is not generally available to persons who are not members of an eligible family;

     (d) Administrative costs, as defined by the state, not to exceed fifteen percent of the total amount of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, Title I block grant; and

     (e) Any other use of funds allowed under the grant. Such funds shall be expended in a manner that does not jeopardize the abilities of needy children and families to obtain public assistance;

     (2) State expenditures in excess of the amount spent in fiscal year 1994 for other state or local programs on eligible families for the activities listed in subdivision (1) of this section;

     (3) State spending on families who would otherwise be eligible for assistance if not for the application of the five year lifetime limit on federal benefits; and

     (4) State expenditures that would have received federal match funds under former programs.

     3. The Department of Social Services shall administer a fund to be known as the "Missouri General Revenue Maintenance of Effort Fund", which is hereby created in the state treasury. Moneys deposited in the fund shall equal one hundred percent of state funds expended in fiscal year 1994 on the aids to families with dependent children program, aid to families with dependent children related child care programs, the job opportunities and basic skills training program and emergency assistance programs. Eighty percent of such moneys deposited in the fund shall be appropriated for the qualified state expenditures provided in subsection 2 of section 8 of this act. The remaining twenty percent shall remain in the fund subject to appropriation at the sole discretion of the general assembly.

     4. The unexpended balance existing in the fund and the interest earned on the fund at the end of any biennium year shall be exempt from the provisions of section 33.080, RSMo, relating to the transfer of unexpended balances to the general revenue fund.

     5. To reduce the number of applicants for public assistance, the department of social services may also use the Missouri general revenue maintenance of effort fund or Missouri families work program fund for temporary assistance for needy families to eliminate barriers to accepting employment and to assist individuals in remaining in the work place. Such funds may be used for, but not limited to, child support assurance payments, assisting families in making a child care payment, primary housing payment or rent or utilities payment, transportation allowance payment, work-related expense payment, medical expense payment, including personal care attendants for the disabled, that is not covered by Federal Title XIX or third party insurance payors. Such payment shall be limited to a non-recurring payment and shall be made directly to vendors or to reimburse individuals for the purchase of receipted necessary materials.

     6. The Missouri general revenue maintenance of effort fund may also be used to provide assistance by establishing criteria for a state only funded program when the adult population served is not able to meet the federal work requirements due to age or due to physical or mental disabilities.

     7. The Missouri general revenue maintenance of effort fund may also be used to provide assistance by establishing criteria for a state only funded program when the adult population served is not able to meet the federal work requirements due to incapacity of the adult to work because of the incapacity of the adult caretaker or the caretaker's dependent as determined by the department by rule. Beginning fiscal year 1999 the funding for this subsection shall be appropriated as a separate item. The provisions of this subsection shall expire on January 1, 2005.

     8. The provisions of this section shall expire on June 30, 2002.

     Section 9. As used in sections 9 to 28 of this act and any other sections administering the families work program, the following terms mean:

     (1) "Department", the department of social services and all its divisions;

     (2) "Household", families that include a minor child who resides with a custodial parent, legal guardian or other caretaker relative;

     (3) "Minor child", an individual who:

     (a) Has not attained eighteen years of age; or

     (b) Has not attained nineteen years of age and is a full-time student in a secondary school or in the equivalent level of vocational or technical training.

     Section 10. 1. The department of social services through the families work program shall establish the "Work First Program" to replace the Aid to Families with Dependent Children (AFDC), the Job Opportunities and Basic Skills (JOBS) and the Title IV-A Emergency Assistance Program. The work first program will stress self-sufficiency through employment and shall require that adults be responsible for fulfilling their individual self-sufficiency plans, as defined in section 208.325, RSMo, while requiring the state to support targeted populations trying to secure and retain employment.

     2. The work first program shall move able-bodied adults into work activities as an alternative to receiving public assistance. The department of social services shall establish the eligibility requirements for the work first program which shall be no more restrictive than those requirements in place on July 16, 1996.

     3. Any individual wishing to make application for any of the public assistance programs administered or supervised by the state shall have the opportunity to do so. Such public assistance shall be furnished with reasonable promptness to each eligible individual in accordance with statute and rules of the department. The department or a division of the department shall consider an application for public assistance to be for any category of public assistance for which the applicant or the applicant's dependents may be eligible.

     Section 11. 1. The department of social services shall determine eligibility requirements of the work first program. Such eligibility requirements shall include income and asset limits and shall also include, but not be limited to:

     (1) Requiring an applicant to participate in the work first program work activities as defined in section 21 of this act, with exclusions approved by the department;

     (2) Requiring an applicant to be a resident of the state of Missouri, and a United States citizen or a legal immigrant who resided in the United States prior to August 22, 1996; however, qualified legal aliens shall be allowed to apply for and receive public assistance funded through the federal TANF block grant program;

     (3) Requiring an applicant to provide his or her Social Security number or numbers, if the individual has more than one such number, and by requiring the applicant for or recipient of benefits to cooperate with the department to obtain a social security number;

     (4) Establishing that assistance benefits shall only be paid to families that include at least one minor child who resides with his or her father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, niece, legal guardian or other adult caretaker relative of the minor child;

     (5) Requiring an applicant for benefits to state in writing, during the application process, whether that individual or any member of his or her household has been convicted under federal or state law of a felony offense which has as an element of the offense the possession, use or distribution of a controlled substance as defined in Section 102(6) of the Controlled Substances Act, 21 USC 802(6). This subdivision shall only apply to convictions occurring after August 22, 1996, the date of the enactment of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended;

     (6) Compliance with all requirements regarding the assignment of rights to support by any recipient of or applicant for benefits; and

     (7) Participation by any recipient of or applicant for benefits in procedures to establish paternity and to identify the father of a child for whom assistance is sought, unless such individual has good cause for refusing to cooperate as determined by the department of social services in accordance with federally prescribed standards in effect as of July 16, 1996.

     2. For the purpose of determining eligibility to receive, or the amount of, any assistance or benefits through the Missouri work first program, the department of social services shall disregard funds made to or maintained in, including interest accruing on an individual development account.

     3. The department of social services is authorized to propose rules and regulations necessary to implement the programs referenced in this section only as provided pursuant to chapter 536, RSMo and section 660.017, RSMo.

     Section 12. The income levels and resource limits which qualify a family for benefits shall be determined by the department, shall be no more restrictive than those in place on July 16, 1996, for the aid to families with dependent children program, and shall be uniformly applied throughout the state.

     Section 13. 1. The department shall require, as a condition of eligibility for benefits through the work first program, that each applicant for or recipient of benefits shall assign to the department any rights to support from any other person that such applicant or recipient may have on his or her own behalf or on behalf of any other family member for whom the applicant or recipient is applying for or is receiving benefits. Such assignment of rights to support shall take effect upon a determination by the department that the applicant is eligible for assistance through the work first program. The assignment shall be effective for current and accrued support obligations and shall authorize the division of child support enforcement of the department of social services to bring an administrative or judicial action to establish or enforce a current support obligation, to collect support arrearage that have accrued under an existing order for support, or to seek reimbursement of a support obligation pursuant to The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended.

     2. The department shall not require as a condition of eligibility for benefits through the work first program that any member of a family must assign to the department any rights to support which accrue after the date the family leaves the program.

     3. The department of social services shall implement the provisions necessary to collect current and accrued support obligations unless the department determines that such implementation is contrary to the best interest of a child on whose behalf benefits are claimed or of the caretaker of such a child. Such provisions shall include establishing the paternity of a child for whom support is claimed or obtaining any other payments or property that are due to such applicant or child. The divisions of family services and child support enforcement shall impose such sanctions as are consistent with The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, and are otherwise provided for by state law and through rules and regulations promulgated by the department of social services.

     4. If the division of child support enforcement determines that an individual who is receiving benefits through the work first program fails or refuses to cooperate in establishing paternity or in establishing, modifying, or enforcing a support order with respect to a child and for whom benefits are sought or received and if the individual does not demonstrate to the satisfaction of the department good cause for such failure or refusal to cooperate or enforce a support order, the department shall impose sanctions. The department shall promulgate such regulations as are necessary to implement this statute, including setting forth time frames for ineligibility and establishing such exemptions as are deemed appropriate. The department shall promulgate rules concerning the implementation of this section.

     5. Child care support is defined as the legal obligation of an individual to provide an amount required to be paid under a judgment decree or order, whether temporary or final, issued by a court of competent jurisdiction or an administrative agency specifically for the child care expenses of a child. Any rights to receive child care support under a state program funded under Part A of the Social Security Act or under the state plan approved under Part A of the Social Security Act are assigned to the state as a pre-condition of receiving child care assistance. Assignment of child care support does not constitute an assignment of the child support amount awarded for the basic child needs of food, clothing and shelter but only for the assignment of the specific award for child care costs.

     6. The department of social services is authorized to propose rules and regulations necessary to implement the programs and sanctions referenced in this section only as provided pursuant to chapter 536, RSMo and section 660.017, RSMo.

     Section 14. 1. Work first program benefits shall be granted on behalf of a needy child and may be granted to a caretaker relative or legal guardian caring for a needy dependent child if the child:

     (1) Has been deprived of parental support or care by reason of the unemployment, death, continued absence from the home, or physical or mental incapacity of a parent;

     (2) Is living with a caretaker relative or legal guardian;

     (3) Is under the age of eighteen; and

     (4) Is not eligible for work first program benefits under section 20 of this act because the child is not living with a parent or stepparent.

     2. The amount of the monthly public assistance benefit payable hereunder shall be determined by the standards set forth in section 208.150, RSMo.

     Section 15. Federal Title IV-E eligibility may be granted to a dependent child:

     (1) Who would meet the requirements of aid to families with dependent children in effect as of June 1, 1995, except for his removal from the home of a relative as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child;

     (2) For whose placement and care the division of family services is responsible;

     (3) Who has been placed in a foster family home, or in either a for profit or nonprofit private child-care facility as a result of such determination; and

     (4) Who:

     (a) In and for the month in which court proceedings leading to such determination were initiated would have qualified for aid to families with dependent children under the requirements in effect on June 1, 1995, if application had been made therefor; or

     (b) In the case of a child who had been living with a specified relative within six months prior to the month in which such proceedings were initiated, would have qualified for such aid in and for such month, if in such month he had been living with, and removed from the home of, such a relative and application had been made therefor.

     Section 16. 1. The department is not prohibited by federal law from testing applicants or recipients of public assistance for the use of controlled substances or from sanctioning those who test positive for the use of such substances. Recipients of work first program benefits and food stamp recipients, who are required to participate in a work activity in order to retain their eligibility for such programs and who are denied employment due to failing an employer-required controlled substance screening, shall have sixty days to become employed with the screening employer or obtain other employment.

     2. (1) Denial of employment after failing a controlled substance screening and failure to become employed within sixty days of the screening shall result in a sanction of the work first program benefits and food stamp benefits for the household for a minimum of thirty days but not more than sixty days unless the department locates payment resources for drug rehabilitation.

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

     3. All records obtained in an employer-required controlled substance screening, shall remain confidential between the applicant, the employer and the department.

     4. An individual who has been convicted under federal or state law after August 22, 1996, of any felony offense which has as an element of the offense the possession, use, or distribution of a controlled substance as defined in Section 102(6) of the Controlled Substances Act, 21 USC 802(6), shall be sanctioned for a time period from receipt of benefits through any state program funded or carried out under Part A of Title IV of the Social Security Act or the Food Stamp Act of 1977.

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

     6. The director shall promulgate rules to effectuate the provisions of this section.

     Section 17. 1. A dependent child eighteen years of age shall, in order to retain eligibility for benefits through the work first program, be enrolled as a full-time student in a public or private secondary school, or an equivalent level of vocational or technical school.

     2. Any sanction imposed by the department for a recipient's failure to comply with requirements of subsection 1 of this section shall continue until the minor child is attending school. Good cause exceptions to this requirement may be made by the department if there is substantial evidence that the action of the parent or caretaker presents a probability of serious harm to the parent or caretaker.

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

     Section 18. The department shall deny benefits through the work first program to or on behalf of:

     (1) Any member of a family that includes an adult who has received benefits for sixty months or more, whether or not consecutive, through this program or any other state program that has been created and funded through the provisions of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, after the date such state program has commenced unless:

     (a) In any month during which benefits were provided to that individual he or she:

     a. Was a minor child; and

     b. Was not the head of household or married to the head of household;

     (b) Benefits were provided to the individual during a month in which he or she lived on an Indian reservation or in an Alaskan Native village as defined in The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended; or

     (c) The department elects to extend the period of eligibility for benefits for the individual and his or her family members;

     (2) An individual who has been convicted in federal or state court of having made a fraudulent statement or representation with respect to his or her place of residence in order to receive benefits simultaneously from two or more states under programs that have been created and funded through The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, Title XIX, the Food Stamp Act of 1977, the Supplemental Security Income Program under Title XVI, or any program under Title IV-D of the Social Security Act. The period of ineligibility shall begin on the date the individual was convicted of the offense and shall continue for ten years;

     (3) An individual who:

     (a) Is fleeing to avoid prosecution for custody or confinement after he or she has been convicted under any federal or state law of a crime which is a felony or, in the state of New Jersey, is a high misdemeanor; or

     (b) Is violating a condition of probation or parole imposed under any federal or state law;

     (4) An individual or on behalf of a minor child who has been or is expected by a parent or other caretaker relative to be absent from the home for such period of time as is designated by the department in Missouri's state plan filed pursuant to The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended;

     (5) The parent or other relative caretaker of a minor child who fails to notify the department of the absence of a minor child from the home by the end of the fifth day after it becomes apparent to the parent or relative caretaker that the child will be absent from the home for the period of time established by the department of social services and referred to in subdivision (4) of this section;

     (6) An individual who is a recipient of assistance through other specific state programs designated to provide supplemental aid;

     (7) Any other individual who is precluded from receiving benefits in accordance with the provisions of The Personal Responsibility and Work Opportunity Act of 1996, as amended.

     Section 19. Work first program benefits shall not be granted or continued:

     (1) Unless the benefits granted are used to meet the needs of the child and the needy eligible relative caring for a dependent child;

     (2) To any person who refuses to accept vocational rehabilitation services or training or medical or other legal healing treatment necessary to improve or restore his capacity to support himself and his dependents, and it is certified by competent medical authority designated by the division of family services that such physical or mental incapacity can be removed, corrected or substantially improved; provided, however, the division of family services may in its discretion waive this requirement, taking into consideration the age of the individual, nature and extent of training and treatment, or whether he endangers the health of others in his refusal, whether the training or treatment is such that a reasonably prudent person would accept it, and all other facts and circumstances in the individual case;

     (3) To a household that receives in any month an amount of income which together with all other income for that month, not excluded or disregarded by the division, exceeds the standard of need established by the department of social services. For the purposes of this subdivision, where consistent with federal law or regulation, "income" as established by the department of social services in conformance with The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, shall not include the proceeds of any life insurance policy, or prearranged funeral or burial contract, provided that such proceeds are actually used to pay for the funeral or burial expenses of the deceased family member, earnings of a student in school eighteen years of age or younger, child support assurance or earned income.

     Section 20. 1. Except as otherwise provided in this section, benefits through work first program shall not be provided to an unmarried individual who has not attained the age of eighteen years if the individual:

     (1) Has a minor child at least twelve weeks of age in his or her care and the individual has not successfully completed a high school education or a course of study resulting in a certificate of general equivalence unless the individual participates in:

     (a) Educational activities directed toward the attainment of a high school diploma or a certificate of general equivalence; or

     (b) An alternative educational or training program that has been approved by the department; or

     (2) Is a single custodial parent of a child not residing in a home in which his or her parent(s), guardian(s), or adult relative(s) is also residing. Exceptions to this requirement shall be allowed in circumstances in which:

     (a) The single custodial parent does not have a parent, legal guardian or other appropriate adult relative who is living or whose whereabouts are known;

     (b) The single custodial parent does not have a parent, legal guardian, or other appropriate adult relative, who would otherwise meet applicable criteria to act as their legal guardian, who allows the single custodial parent to live in their home;

     (c) The department determines that the single custodial parent or the minor child is being or has been subjected to serious physical or emotional harm, sexual abuse, or exploitation in the residence of the single custodial parent's own parent or legal guardian;

     (d) The department determines that substantial evidence exists of an act or failure to act that presents an imminent or serious harm to the single custodial parent or the minor child if the single custodial parent and the minor child lived in the same residence with the individual's parent or legal guardian; or

     (e) The department otherwise determines that it is in the best interest of the minor child to waive these requirements with respect to the single custodial parent or the minor child.

     2. In circumstances in which the department determines that an individual does not have an appropriate living arrangement in accordance with subsection 1 of this section, the division shall assist the individual in obtaining a second chance home, maternity home, or other appropriate adult-supervised supportive living arrangement. Thereafter, the division shall require the individual and any child who is in the care of the individual to reside in such home or other living arrangement as a condition of the individual's continued eligibility for benefits through the work first program.

     Section 21. 1. Work activities for the work first program shall be those activities which are set forth in The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, or those activities which are permitted under a federally approved waiver granted to the department of social services. The department shall promulgate such regulations as are necessary to implement and enforce work activities requirements, including waiver exemptions that are inconsistent with the requirements of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, or a federally approved waiver.

     2. An individual who is a single parent head of household of one or more children of any age who is himself or herself not yet twenty years of age is deemed to be engaged in work for a month if the individual:

     (1) Maintains satisfactory attendance, during the month, in a secondary school or a course of study leading to a certificate of general equivalence; or

     (2) Participates in education directly related to employment.

     3. The department shall establish a system of sanctions that shall be imposed regarding an individual's continued qualification for benefits through the work first program in circumstances in which the individual fails or refuses to cooperate in participating in work activities as set forth in this section. Such system of sanctions shall set forth the types of benefits for which a sanctioned individual will be disqualified and the period of time that such sanctioned individual will remain disqualified from receiving such benefits. The state shall reduce the amount of assistance otherwise payable to the family pro rata with respect to any period during a month in which the individual so refuses to engage in work requirements in accordance with The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, subject to good cause and other exceptions as the state might establish. Imposition of such sanctions shall be subject to good cause and such other exceptions as are established by the department. However, sanctions may not be imposed for benefits provided through the Medicaid for pregnant women program or the Medicaid for children program as set forth in section 208.151, RSMo. Notwithstanding the provisions of section 208.180, RSMo, the department may establish that an individual who has been sanctioned for any period of time for failure to cooperate with work activities requirements shall be able to receive benefits through the work first program only after he or she is in compliance on a monthly basis with work activities requirements.

     Section 22. 1. The department of social services through the families work program shall establish the "Child Support Assurance Program". The child support assurance program shall provide benefits to children who meet specific eligibility requirements.

     2. The department will aggressively collect child support and intensify its efforts consistently with the new child support requirements of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended.

     3. The state shall provide monthly child support assurance money payment benefits to needy children in all appropriate circumstances and it will also intensify its efforts to ensure that families obtain self-sufficiency.

     4. In order to participate in the child support assurance program:

     (1) The custodial parent shall be employed and have an earned, gross income that does not exceed one hundred percent of the federal poverty limit by household size;

     (2) The department ascertains that the noncustodial parent has a legal order to pay child support;

     5. The department shall design the necessary administrative procedures for the timely review of custodial parent earnings;

     6. When a custodial parent is receiving a cash grant from the department to support the family, and the custodial parent begins and receives earnings from an employer, if the household has a legal order to establish child support, child support assurance shall be initiated for the children. When the household's earning exceeds the standard of need for cash assistance, they will transition to the below poverty level child support assurance.

     7. If the funds at the disposal or which may be obtained by the department of social services for the payment of child support assurance program benefits shall at any time become insufficient to pay the full amount thereof, the amount of any payment to or on behalf of each of such persons shall be reduced pro rata in proportion to such deficiency in the total amount available or to become available for such purpose.

     Section 23. 1. Except as otherwise provided in this section, an adult receiving benefits through the work first program may fill a vacant employment position in order to engage in work activities. An adult receiving benefits through the work first program, who fills a vacant employment position in order to engage in work activities must be guaranteed a wage equivalent to that of the minimum wage.

     2. A supplemental wage assistance employment position made available pursuant to this section may not be created as the result of, or may not result in, any of the following:

     (1) Displacement or partial displacement of current employees, including but not limited to, overtime currently being worked by employees, a reduction in non-overtime work hours, wages or employment;

     (2) The filling of positions which would otherwise be promotional opportunities for current employees;

     (3) A strike, lock out or other bona fide labor dispute or violation of any existing collective bargaining agreements between employees and employers; or

     (4) The filling of a position created by termination, layoff or reduction in workforce.

     3. An individual who believes that he or she has been adversely affected by a violation of this subsection or the organization that is duly authorized to represent the employee, shall be afforded an opportunity to grieve it. The employee or his/her organization must first attempt to remedy the alleged violation through a meeting with the employer within thirty days of the request for the meeting. If the complaint is not resolved to the satisfaction of the employee, he/she may appeal to the Missouri State Department of Labor and Industrial Relations. The hearing must be conducted in accordance with rules and notification requirements adopted by Missouri department of labor and a decision must be rendered within forty-five days of the hearing. If there is an existing grievance procedure in a collective bargaining agreement, it must be followed. Remedies shall include reinstatement, retroactive pay and benefits.

     4. Nothing in this section shall preempt or supersede any provision of state law that provides greater protection for employees from job displacement.

     Section 24. 1. There is hereby established in each office of the department of social services which takes applications for work first assistance or joint office when co-located with another agency, a direct placement program. The department shall identify which case worker or case managers will participate in the program. Participation shall be voluntary. The case workers and case managers together with the office director or designee, shall identify employers or job vacancies which recipients may be referred to for interviews and possible employment.

     2. Each self sufficiency pact shall identify a time when the recipient will be referred to the direct placement program. Any recipient referred to the direct placement program who refuses to go for or does not attend an interview established by a case worker or manager, or who refuses to accept a job offered by an employer, without good cause, shall be sanctioned according to the provisions of subsection 3 of section 21.

     3. Each case worker participating in the direct placement program shall be eligible for a bonus plan, hereby established. The provisions of chapter 36, RSMo, to the contrary notwithstanding, each participating employee shall, subject to appropriations, receive a bonus of one hundred dollars for each successful recipient above the base rate. The maximum bonus paid during any fiscal year shall be two thousand dollars. The bonus shall be paid twice a year. The base rate shall be equal to twenty five percent of the persons, receiving cash assistance funded by the Missouri families work program, in the eligible employees average monthly case load over the previous twelve months but not less than ten. Successful recipients shall be those recipients of work first assistance who are employed at least thirty hours a week and have retained such employment for at least six months. The department may establish additional requirements relating to employee eligibility or measuring successful recipients, deemed necessary for successful operation of the bonus plan. The department shall request suggestions about the bonus plan from, but not limited to, employees, appropriate union associations or other associations such as the National Eligibility Association and the County Directors Association. The provisions of this subsection shall sunset sixty months following the effective date of this act.

     Section 25. 1. The department shall establish "individual development accounts" whereby individuals receiving work first benefits may accumulate assets for specific purposes as defined in The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended. Any assets accumulated in an individual development account shall not be counted in determining eligibility or benefits for the purpose of work first program or any other cash assistance program operated pursuant to this section.

     2. These accounts shall be used for the purpose of enabling individuals to accumulate funds for the following purposes:

     (1) Post-secondary educational expenses;

     (2) First home purchase; or

     (3) Business capitalization.

     3. The department of social services is authorized to propose rules and regulations necessary to implement this section only as provided pursuant to chapter 536, RSMo and section 660.017, RSMo.

     Section 26. 1. A corporate taxpayer that pays for child care services in Missouri for dependent children of an employee of the taxpayer during the employee's hours of employment may claim a credit against the corporate income tax imposed pursuant to chapter 143, RSMo, in an amount equal to thirty percent of the total expenses, net of any reimbursements, for child care services incurred and paid by the taxpayer in the taxable year. This credit shall apply for those employees that have an annual gross income of twenty-one thousand dollars or less.

     2. A corporate taxpayer that operates a child care facility in Missouri, in which at least fifty percent of the children attending the facility are the dependent children of the taxpayer's employees that have an annual gross income of twenty-one thousand dollars or less, may also claim a credit against the corporate income tax imposed pursuant to chapter 143, RSMo, in an amount equal to thirty percent of the net cost of operating a child care facility for the taxable year. If two or more taxpayers share in the cost of operating a child care facility primarily for the dependent children of the taxpayer's employees, that have an annual gross income of twenty-one thousand dollars or less, each corporate taxpayer shall be allowed a credit in relation to the taxpayer's share of the cost of operating the child care facility. Each corporate taxpayer's share of the tax credit shall be determined by dividing the number of the taxpayer's employees' children served by the total number of children served and multiplying the result by the net cost of operating the child care facility. The credit allowed pursuant to this subsection may be taken only if the child care facility is operated under the authority of a license issued by the department of health. For the purposes of this section, the term "net cost" means the cost of operating a child care facility less any amounts collected as fees for use of the facility, any federal tax credits with respect to the facility or its operation and any other payment or reimbursement from any other source other than the credit provided by this section.

     3. For the purposes of this section, "dependent children" means natural, adopted, stepchildren, or wards who are under eighteen.

     4. The credits provided for by subsections 2 and 3 of this section may only be deducted from the taxpayer's corporate income tax liability for the taxable year in which the expenditure occurred. The credit may not exceed thirty thousand dollars in any taxable year. If the credit amount exceeds the corporate income tax liability, the excess may be carried forward for three consecutive years; provided that in no event shall the annual credit amount exceed thirty thousand dollars.

     5. The director of the department of social services shall determine, at least annually, which facilities in this state may be classified as child care facilities as defined in this section. The director of the department of social services may require of a facility seeking to be classified as a child care facility whatever information is reasonably necessary to make such a determination. The director of the department of social services shall classify a facility as a child care facility if such facility meets the requirements set forth in subsections 1 and 2 of this section.

     6. The cumulative amount of tax credits which may be claimed by all the taxpayers contributing for child care facilities in any one fiscal year shall not exceed five million dollars.

     7. The department of social services shall evaluate and make recommendations regarding the necessity for the creation for other tax credits which may apply to:

     (1) Costs paid or incurred by a corporate taxpayer for contributions used to provide child care for employees' children; and

     (2) Cost paid or incurred by a corporate taxpayer for contributions used to provide after school, holiday and summer care programs for employees' children.

     Section 27. 1. The department in conjunction with community colleges and vocational schools shall develop pilot programs utilizing a coordinated approach to enable people receiving public assistance to obtain an education that leads to permanent full-time employment with benefits while ensuring that they meet the work participation requirements under The 1996 Personal Responsibility and Work Opportunity Reconciliation Act.

     2. At least one pilot program shall be established with a community college and at least one with a vocational school. The pilot programs shall include activities in which will count towards the work participation rate such as:

     (1) Work/study employment;

     (2) Cooperative work experience where students earn units of college credit for their work;

     (3) Internships where students obtain practical work experience in the occupational field in which they are training;

     (4) Community service programs where students perform community service work in their field of study while earning a stipend for future continued education; and

     (5) Work opportunity agreements where students who participate in a work opportunity program with private business are guaranteed employment in the field of their training at the successful completion of their education.

     3. Community college and vocational school staff will coordinate services for students.

     4. Subsidized child care will be provided while welfare recipients are attending college, vocational school and participating in work activities.

     5. The department shall contract for independent evaluation of the pilot programs and report to the legislature annually.

     Section 28. 1. In any action challenging any rule promulgated pursuant to the provisions of this act, the agency as defined in section 536.010, RSMo, promulgating such rule shall be required to prove by a preponderance of the evidence that the rule or threatened application of the rule is valid, is authorized by law, is not in conflict with any law and is not arbitrary and capricious.

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

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

     4. Any rulemaking authority granted pursuant to the provisions of this act is subject to any rulemaking authority contained in chapter 536, RSMo, including any subsequent amendments to chapter 536, RSMo.

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

     Further amend said bill, Page 1, In the Title, Line 20, by striking the words "federal mandates for child support enforcement" and inserting in lieu thereof the words "The Personal Responsibility and Work Opportunity Reconciliation Act of 1996"; and

     Further amend the title and enacting clause accordingly.

     Senator Maxwell moved that the above amendment be adopted.

     Senator Singleton raised the point of order that SA 1 is out of order in that it exceeds the scope and intent of the original bill.

     The point of order was referred to the President Pro Tem, who ruled it not well taken.

     The President recognized Senator Maxwell to close.

     Senator Kenney raised the point of order that Senator Maxwell should not have been recognized to close, as he was seeking recognition.

     The point of order was referred to the President Pro Tem, who ruled it not well taken.

     Senator Maxwell offered SA 1 to SA 1:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Substitute for House Committee Substitute for House Bill No. 411, Pages 70-75, Section 536.028, by striking all of said section; and

     Further amend the title and enacting clause accordingly.

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

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

     Senator Mathewson assumed the Chair.

     Senator Sims offered SA 2 to SA 1:

SENATE AMENDMENT NO. 2 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Substitute for House Committee Substitute for House Bill No. 411, Pages 129-132, Section 26, by striking all of said section; and

     Further amend the title and enacting clause accordingly.

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

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

SENATE AMENDMENT NO. 3 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Substitute for House Committee Substitute for House Bill No. 411, Page 126, Section 23, Line 19, by removing all of said section.

     Senator Klarich moved that the above amendment be adopted.

     Senator Wiggins assumed the Chair.

     At the request of Senator Caskey, HCS for HB 411, with SS, SA 1 and SA 3 to SA 1 (pending), was placed on the Informal Calendar.

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

     SA 4 was again taken up.

     At the request of Senator Goode, SA 4 was withdrawn.

     Senator Mathewson offered SA 7:

SENATE AMENDMENT NO. 7

     Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 29, Section 99.845, Line 22 of said page, by striking the word "and"; and further amend lines 24 of said page, by inserting immediately after the word "Missouri" the following: "; and

     (4) The rebate is authorized by concurrent resolution of the general assembly"; and

     Further amend said bill and section, page 30, line 12 of said page, by inserting immediately after the word "appropriations" the following: "for each project".

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

     Senator Goode offered SA 8:

SENATE AMENDMENT NO. 8

     Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 589, Page 25, Section 99.845, Line 10, by inserting immediately after the word "the" at the end of said line the following: "merchants and manufacturer's inventory replacement tax levied by article X, section 6.2 of the Missouri constitution or the"; and

     Further amend said bill, page 25, section 99.845, line 11, by inserting immediately after said line the following: "Said taxes specifically described in said subsection shall not affect prior year levies and shall only take effect upon the effective date of said act.".

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

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

REPORTS OF STANDING COMMITTEES

     Senator Johnson, Chairman of the Committee on Agriculture, Conservation, Parks and Tourism, submitted the following report:

     Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HB 379, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

     Mr. President: Your Committee on Judiciary, to which was referred HS for HCS for HB 495, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     Senator McKenna, Chairman of the Committee on Gubernatorial Appointments, submitted the following report:

     Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of William Kahn, as a member of the State Board of Education, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

     Senator Flotron moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, 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 HCS for SS for SCS for SB 165, as amended: Senators Mathewson, DePasco, Scott, Kinder and Childers.

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HCS for HB 288, as amended: Senators Goode, Caskey, Maxwell, Flotron and Ehlmann.

MESSAGES FROM THE HOUSE

     The following message was received from the House of Representatives through its Chief Clerk:

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HS for HCS for HB 738, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon and the conferees be allowed to exceed the differences.

PRIVILEGED MOTIONS

     Senator Caskey moved that the Senate refuse to recede from its position on SCS for HS for HCS for HB 738, as amended, and grant the House a conference thereon and that the conferees be allowed to exceed the differences, which motion prevailed.

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1, SA 1 to HB 831 and has again taken up and passed HB 831 as amended.

     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 SS for SB 97, 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 up and adopted the Conference Committee Report on SS for SCS for HB 207 as amended and has taken up and passed CCS for HB 207.

     Emergency clause adopted.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HB 394 and has taken up and passed CCS for HB 394.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report No. 2 on HS for HCS for SCS for SB 16, as amended, and has taken up and passed CCS No. 2 for HS for HCS for SCS for SB 16.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HS for HCS for SB 218 and has taken up and passed CCS for HS for HCS for SB 218.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HS for HCS for SCS for SB 89, as amended, and has taken up and passed CCS for HS for HCS for SCS for SB 89.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HS for HCS for SCS for SB 141, as amended, and has taken up and passed CCS for HS for HCS for SCS for SB 141.

     Bill ordered enrolled.

          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 HCS for HB 738, as amended: Senators Caskey, Jacob, Goode, Ehlmann and Singleton.

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HS for SS for SB 97, as amended: Senators Schneider, Wiggins, Goode, Ehlmann and Klarich.

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

RECESS

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

RESOLUTIONS

     Senator Flotron offered Senate Resolution No. 866, regarding Adam Phillip Sherron, St. Louis, which was adopted.

     Senator Flotron offered Senate Resolution No. 867, regarding Mr. Lawrence J. Essmann, which was adopted.

     Senator Flotron offered Senate Resolution No. 868, regarding Matthew Ryan Hanson, St. Louis, which was adopted.

     Senator Mueller offered Senate Resolution No. 869, regarding Mrs. Terri Heller and the Marketing Education Program at Parkway South High School, Manchester, which was adopted.

     Senator Mueller offered Senate Resolution No. 870, regarding Maria D'Souza, St. Louis, which was adopted.

     Senator Maxwell offered Senate Resolution No. 871, regarding Kyle Cope, which was adopted.

     Senator Klarich offered Senate Resolution No. 872, regarding Kate Parks, Washington, which was adopted.

     Senator McKenna offered Senate Resolution No. 873, regarding the Festus/Crystal City Elks Lodge #1721, which was adopted.

     Senator Flotron offered Senate Resolution No. 874, regarding Jaime Kennington, which was adopted.

     Senator Flotron offered Senate Resolution No. 875, regarding Tom Hadfield, Ballwin, which was adopted.

     Senator Caskey offered Senate Resolution No. 876, regarding Tine Sledd, Clinton, which was adopted.

     Senator Caskey offered Senate Resolution No. 877, regarding Sonya Formhals, Clinton, which was adopted.

     Senator Caskey offered Senate Resolution No. 878, regarding Liana Kidwiler, Clinton, which was adopted.

     Senator Klarich offered Senate Resolution No. 879, regarding the Rotary Club, Union, which was adopted.

     Senator Schneider offered Senate Resolution No. 880, regarding Travis Hume, which was adopted.

HOUSE BILLS ON THIRD READING

     HCS for HJR 1, entitled:

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 7 of article IX of the Constitution of Missouri, relating to education and adopting one new section in lieu thereof relating to the same subject.

     Was taken up by Senator McKenna.

     Senator Goode offered SA 1:

SENATE AMENDMENT NO. 1

     Amend House Committee Substitute for House Joint Resolution No. 1, Page 2, Section 7, Lines 15-22, by striking all of said lines and inserting in lieu thereof the following:

"2. The proceeds of all forfeitures collected for any breach of a penal law shall be remitted to the director of revenue for deposit in a fund established in the state treasury. Fifty percent of the deposited moneys in the fund shall annually be appropriated by the general assembly for training for peace officers and for distribution to state, county and municipal law enforcement agencies and prosecuting and circuit attorneys as provided by law. The remaining fifty percent of these proceeds shall be transferred to the state school moneys fund or its successor fund established by law.".

     Senator Goode moved that the above amendment be adopted.

     At the request of Senator McKenna, HCS for HJR 1, with SA 1 (pending), was placed on the Informal Calendar.

     HB 342, introduced by Representative Lumpe, entitled:

     An Act to repeal section 208.480, RSMo 1994, relating to federal reimbursement allowance, 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 Lybyer.

     On motion of Senator Lybyer, HB 342 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
ClayCurls--2
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

CONFERENCE COMMITTEE REPORTS

     Senator Klarich, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HB 394, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 394

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for House Bill No. 394, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the Senate recede from its position on Senate Committee Substitute for House Bill No. 394;

     2. That the House recede from its position on House Bill No. 394;

     3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Bill No. 394 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ David J. Klarich      /s/ Gracia Y. Backer

/s/ John E. Scott      /s/ May Scheve

/s/ Bill McKenna      /s/ John Loudon

/s/ Danny Staples      /s/ W.W. (Bill) Gratz

/s/ Franc Flotron      /s/ Bubs Hohulin

     Senator Klarich moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
KenneyKinderKlarichLybyer
MathewsonMaxwellMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
ClayCurlsJohnsonMcKenna--4
Absent with leave--Senators--None

     On motion of Senator Klarich, CCS for SCS for HB 394, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 394

     An Act to repeal sections 144.070 and 301.131, RSMo 1994, relating to motor vehicles, 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
BanksCaskeyDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
BentleyChildersClayCurls--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, on behalf of the conference committee appointed to act with a like committee from the House on SS for SCS for HB 207, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 207

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Substitute for Senate Committee Substitute for House Bill No. 207, 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 Bill No. 207;

     2. That the Senate recede from its position on Senate Substitute for Senate Committee Substitute for House Bill No. 207 as amended by Senate Amendments Nos. 1, Part II of 2, 3, 4 and 5;

     3. That the attached Conference Committee Substitute be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Danny Staples      /s/ Don Koller

/s/ Michael J. Lybyer      /s/ Sam Gaskill

/s/ Bill McKenna      /s/ Charles Nordwald

/s/ Morris Westfall      /s/ Sam Leake

/s/ Franc Flotron      /s/ Gracia Y. Backer

     Senator Staples moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRussellScottSims
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators
HowardRohrbach--2
Absent--Senators
ClayCurlsSchneider--3
Absent with leave--Senators--None

     On motion of Senator Staples, CCS for SS for SCS for HB 207, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR 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, 301.573, 303.024, 303.025, 303.026 and 303.030, RSMo 1994, and sections 301.140, 301.553, 301.560, 301.566 and 301.570, RSMo Supp. 1996, relating to the motor vehicle commission, and to enact in lieu thereof twenty-three new sections relating to the same subject, with an emergency clause and an effective date for certain sections.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGraves
HouseJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--28
Nays--Senators
HowardRohrbachRussell--3
Absent--Senators
ClayCurlsGoode--3
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators
HowardRohrbach--2
Absent--Senators
ClayCurls--2
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 McKenna moved that the Senate refuse to recede from its position on SCS for HCS for HB 141 and request the House to take up and pass the bill, which motion prevailed.

     Senator Howard moved that SB 320, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SB 320, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 320

     An Act to repeal sections 256.453, 256.468 and 256.471, RSMo 1994, relating to the registration of geologists, and to enact in lieu thereof three new sections relating to the same subject.

     Was taken up.

     Senator Howard moved that HCS for SB 320, as amended, be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksCaskeyChildersDePasco
EhlmannGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonWestfallWiggins
Yeckel--29
Nays--Senators--None
Absent--Senators
BentleyClayCurlsFlotron
Staples--5
Absent with leave--Senators--None

     On motion of Senator Howard, HCS for SB 320, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersDePasco
EhlmannGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--28
Nays--Senators--None
Absent--Senators
BanksClayCurlsFlotron
GoodeStaples--6
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     Bill ordered enrolled.

     Senator Caskey moved that SB 171, with HA 1 and HA 2, be taken up for 3rd reading and final passage, which motion prevailed.

     HA 1 was taken up.

     Senator Caskey moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksCaskeyChildersDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators--None
Absent--Senators
BentleyClayCurlsMcKenna
Mueller--5
Absent with leave--Senators--None

     HA 2 was taken up.

     Senator Caskey moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksCaskeyChildersDePasco
EhlmannGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RussellSchneiderSimsSingleton
StaplesWestfallWigginsYeckel--28
Nays--Senators--Rohrbach--1
Absent--Senators
BentleyClayCurlsFlotron
Scott--5
Absent with leave--Senators--None

     On motion of Senator Caskey, SB 171, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRussellSchneiderSims
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators--Rohrbach--1
Absent--Senators
ClayCurlsFlotronScott--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.

     Bill ordered enrolled.

     Senator Caskey moved that SS for HB 578, with HPA 1, be taken up for 3rd reading and final passage, which motion prevailed.

     HPA 1 was taken up.

     Senator Caskey moved that the above perfecting amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClayCurlsQuick--3
Absent with leave--Senators--None

     Senator Caskey moved that SS for HB 578, as amended by HPA 1, be adopted, which motion prevailed.

     On motion of Senator Caskey, SS for HB 578, as amended by HPA 1, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--Mueller--1
Absent--Senators--Clay--1
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.

HOUSE BILLS ON THIRD READING

     Senator McKenna moved that HCS for HJR 1, with 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.

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

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to House Committee Substitute for House Joint Resolution No. 1, Page 1, Line 11, by inserting immediately after said line the following:

     "3. Any funds received by state, county and municipal law enforcement agencies as a result of federal forfeiture proceedings shall be deposited in the fund established pursuant to subsection 2 of this section.".

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

     Senator Mathewson resumed the Chair.

     SA 1, as amended, was again taken up.

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

     On motion of Senator McKenna, HCS for HJR 1, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
KlarichLybyer--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.

     President Pro Tem McKenna resumed the Chair.

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 SS for SB 97, as amended: Representatives: Green, Kissell, Parker, Donovan and Murphy.

     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 HB 288, as amended: Representatives: Lumpe, Wiggins, Williams (121), Griesheimer and Crawford.

     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 HS for HB 811, as amended: Representatives: Lakin, Lumpe, Dougherty, McClelland and Donovan.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1, SCA 2, SA 1 to HS for HB 389 and has again taken up and passed HS for HB 389 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SA 1, SA 2 to HCS for HB 635 and has again taken up and passed HCS for HB 635 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HS for HCS for HB 738, as amended: Representatives: Hosmer, Smith, Williams (121), Alter, Patek.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report No. 3 on SCS for HCS for HB 276, as amended, and has taken up and passed CCS No. 3 for SCS for HCS for HB 276.

SIGNING OF BILLS

     The President Pro Tem announced that all other business would be suspended and HJR 2; HCS for HJR 9; SCS for HJR 16; and HJR 18, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bills would be signed by the President Pro Tem to the end that they may become law. No objections being made, the bills were so read by the Secretary and signed by the President Pro Tem.

     Senator Mathewson resumed the Chair.

PRIVILEGED MOTIONS

     Senator Maxwell moved that SCS for HCS for HB 557, with HPA 1 and HPA 2, be taken up for 3rd reading and final passage, which motion prevailed.

     HPA 1 was taken up.

     Senator Maxwell moved that the above perfecting amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RussellSchneiderScottSims
StaplesWestfallWigginsYeckel--32
Nays--Senators--Rohrbach--1
Absent--Senators--Singleton--1
Absent with leave--Senators--None

     HPA 2 was taken up.

     Senator Maxwell moved that the above perfecting amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators
FlotronRohrbach--2
Absent--Senators
ClayCurls--2
Absent with leave--Senators--None

     Senator Maxwell moved that SCS for HCS for HB 557, as amended by HPA 1 and HPA 2, be adopted, which motion prevailed.

     On motion of Senator Maxwell, SCS for HCS for HB 557, as amended by HPA 1 and HPA 2 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersDePasco
EhlmannGoodeGravesHouse
HowardJacobKinderKlarich
LybyerMathewsonMaxwellMcKenna
QuickRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--26
Nays--Senators
FlotronKenneyMuellerRohrbach--4
Absent--Senators
BentleyClayCurlsJohnson--4
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.

CONFERENCE COMMITTEE REPORTS

     Senator Quick, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 276, submitted the following conference committee report no. 3:

CONFERENCE COMMITTEE REPORT NO. 3 ON SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 276

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on Senate Committee Substitute for House Committee Substitute for House Bill No. 276; begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 276;

     2. That the House recede from its position on House Committee Substitute for House Bill No. 276;

     3. That the attached Conference Committee Substitute No. 3 for Senate Committee Substitute for House Committee Substitute for House Bill No. 276 be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Ed Quick      /s/ D.J. Davis

/s/ Bill McKenna       /s/ Bill Skaggs

/s/ John E. Scott       /s/ Tim Harlan

/s/ Doyle Childers       /s/ Bill Linton

/s/ Betty Sims      /s/ Bonnie Sue Cooper

     Senator Quick moved that the above conference committee report no. 3 be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksCaskeyChildersDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonWestfallWiggins
Yeckel--29
Nays--Senators--None
Absent--Senators
BentleyClayCurlsLybyer
Staples--5
Absent with leave--Senators--None

     On motion of Senator Quick, CCS No. 3 for SCS for HCS for HB 276, entitled:

CONFERENCE COMMITTEE SUBSTITUTE NO. 3

FOR SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 276

     An Act relating to safety regulations for amusement rides, with penalty provisions.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClayEhlmannSims--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 McKenna moved that motion lay on the table, which motion prevailed.

HOUSE BILLS ON THIRD READING

     Senator Caskey moved that HCS for HB 411, with SS, SA 1 and SA 3 to SA 1 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SA 3 to SA 1 was again taken up.

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

     Senator Klarich offered SA 4 to SA 1:

SENATE AMENDMENT NO. 4 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Substitute for House Committee Substitute for House Bill No. 411, Page 126, Section 23, Line 19, by deleting all of said section and insert in lieu thereof the following:

     "Section 23. 1. Except as otherwise provided in this section, an adult receiving benefits through the work first program may fill a vacant employment position in order to engage in work activities. An adult receiving benefits through the work first program, who fills a vacant employment position in order to engage in work activities must be guaranteed a wage equivalent to that of the state minimum wage.

     2. A supplemental wage assistance employment position made available pursuant to this section may not be created as the result of the following:

     (1) when any other individual is on layoff from the same or any substantially equivalent job; or

     (2) if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy so created with an adult described in paragraph 1.

     3. The Missouri State Department of Labor and Industrial Relations shall establish and maintain a grievance procedure in order to resolve only alleged violations of this section. All rulemaking authority granted pursuant to this section is subject to any rulemaking authority contained in chapter 536, RSMo.".

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

     Senator Kenney offered SA 5 to SA 1, which was read:

SENATE AMENDMENT NO. 5 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Substitute for House Committee Substitute for House Bill No. 411, Page 68, Section 210.256, Lines 9 and 10, by deleting the brackets on said lines; and further amend said amendment, same section and page, lines 10-13, by deleting all of the underlined language.

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

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

SENATE AMENDMENT NO. 6 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Substitute for House Committee Substitute for House Bill No. 411, Page 61, Section 208.732, Line 24 of said page, by deleting the words "lieutenant governor" on said line and inserting in lieu thereof the words "state treasurer".

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

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

SENATE AMENDMENT NO. 7 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Substitute for House Committee Substitute for House Bill No. 411, Pages 125 and 126, Section 22, by deleting all of said section.

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

     Senator Ehlmann offered SA 8 to SA 1:

SENATE AMENDMENT NO. 8 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Substitute for House Committee Substitute for House Bill No. 411, Pages 54-62, Sections 208.700-208.737, by striking all of said sections; and inserting in lieu thereof the following:

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

     208.701. This program shall be organized by the department of social services in two Missouri counties. Any county desiring to be eligible to participate shall be required to provide the department of social services with no less than five written statements from organizations within the county declaring their intent to act as partners in the community partnership program. The department shall establish selection criteria for participation in this program. The program shall be implemented within the first six months from the effective date of this act. There shall be a publicized competitive bid process for selecting the participating organizations. As a result of such contracts, there shall be no displacement of current state workers who distribute public assistance.

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

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

     (a) Governmental body; or

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

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

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

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

     (5) "Public assistance", the cash payment to a qualified individual;

     (6) "Qualified individuals", any individual who receives any cash assistance administered by the division of family services;

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

     208.710. 1. The division shall:

     (1) Determine and publicly disclose the aggregate amount of cash assistance to be dispersed for work first benefits, and the total costs for administering said assistance as a percentage of said aggregate amount;

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

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

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

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

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

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

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

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

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

     (1) Charge qualified individuals who choose to participate a fee for the provision of services equal to the amount of the community partnership organization's administrative costs for providing said services not to exceed ten percent of the individuals cash assistance; however, the community partnership organization shall not charge a fee in excess of the cash value of the benefits and services provided to the individual.

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

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

     (b) Job training;

     (c) Transportation;

     (d) Food or household necessities;

     (e) Remedial education;

     (f) Domestic skills training;

     (g) Parenting instruction;

     (h) Health benefits.

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

     (1) Perform any illegal act; or

     (2) Participate in any religious instruction, activity or worship service.

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

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

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

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

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

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

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

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

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

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

     Further amend the title and enacting clause accordingly.

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

     Senator Singleton offered SA 9 to SA 1, which was read:

SENATE AMENDMENT NO. 9 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Substitute for House Committee Substitute for House Bill No. 411, Page 61, Section 208.732, Line 21, by deleting all of said section.

     Senator Singleton moved that the above amendment be adopted.

     At the request of Senator Singleton, SA 9 to SA 1 was withdrawn.

     Senator Jacob offered SA 10 to SA 1, which was read:

SENATE AMENDMENT NO. 10 TO

SENATE AMENDMENT NO. 1

     Amend Senate Amendment No. 1 to Senate Substitute for House Committee Substitute for House Bill No. 411, Page 2, Section 167.260, Lines 19-26, by deleting said lines.

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

     SA 1, as amended, was again taken up.

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

     Senator McKenna offered SA 2:

SENATE AMENDMENT NO. 2

     Amend Senate Substitute for House Committee Substitute for House Bill No. 411, Page 1, In the Title, Lines 21 and 22, by striking the following: "complying with federal mandates for child support enforcement" and inserting in lieu the following: "providing certain services to families"; and

     Further amend said bill, page 40, section 451.040, line 9, by inserting immediately after said line the following:

     "452.150. The father and mother living apart are entitled to an adjudication [of] by the circuit court as to their powers, rights and duties in respect to the custody and control and the services and earnings and management of the property of their unmarried minor children without any preference as between the said father and mother, and neither the father nor the mother has any right paramount to that of the other in respect to the custody and control or the services and earnings or of the management of the property of their said unmarried minor children; pending such adjudication the father or mother who actually has the custody and control of said unmarried minor children shall have the sole right to the custody and control and to the services and earnings and to the management of the property of said unmarried minor children. The mere fact that one parent has actual custody of the minor children at the time of filing shall not create a preference for the court in its adjudication of custody and child support."; and

     Further amend said bill, pages 43 to 48, section 452.340, by striking all of said section and inserting in lieu thereof the following:

     "452.340. 1. In a proceeding for dissolution of marriage, legal separation or child support, the court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for his support, including an award retroactive to the date of filing the petition, without regard to marital misconduct, after considering all relevant factors including:

     (1) The financial needs and resources of the child;

     (2) The financial resources and needs of the parents;

     (3) The standard of living the child would have enjoyed had the marriage not been dissolved;

     (4) The physical and emotional condition of the child, and his educational needs; and

     (5) The child's physical and legal custody arrangements, including the amount of time the child spends with each parent and the reasonable expenses associated with the physical and legal or physical or legal custody arrangements;

     (6) The federal and state tax deductions, exemptions and credits associated with the child.

     2. [The obligation of the noncustodial parent to make support payments shall abate, in whole or in part, for such periods of time in excess of thirty consecutive days that the custodial parent has voluntarily relinquished physical custody of a child to the noncustodial parent, notwithstanding any periods of visitation or temporary custody pursuant to a decree of dissolution or legal separation or any modification thereof.] The child support obligation of the parent ordered to pay child support shall abate, in whole or in part as ordered by the court or administrative body, and the court or administrative body may order the other parent to pay child support, during periods of visitation or temporary physical custody ordered by the court or voluntarily relinquished by the parent granted custody which totals thirty consecutive days or more. In [an] a IV-D case, the division of child support enforcement [may] shall determine the amount of the abatement under this subsection for any child support order. In such cases, upon notification by the division, the circuit clerk shall record the amount of abatement on the child support trusteeship record established pursuant to this chapter and chapter 454, RSMo.

     3. Unless the circumstances of the child manifestly dictate otherwise and the court specifically so provides, the obligation of a parent to make child support payments shall terminate when the child:

     (1) Dies;

     (2) Marries;

     (3) Enters active duty in the military;

     (4) Becomes self-supporting, provided that the custodial parent has relinquished the child from parental control by express or implied consent; or

     (5) Reaches age eighteen, unless the provisions of subsection 4 or 5 of this section apply.

     4. If the child is physically or mentally incapacitated from supporting himself and insolvent and unmarried, the court may extend the parental support obligation past the child's eighteenth birthday.

     5. If when a child reaches age eighteen, he is enrolled in and attending a secondary school program of instruction, the parental support obligation shall continue, if the child continues to attend and satisfactorily progresses toward completion of said program, until the child completes such program or reaches age twenty-one, whichever first occurs. If the child is enrolled in an institution of vocational or higher education not later than October first following graduation from a secondary school or completion of a graduation equivalence degree and so long as the child [continues to attend] enrolls for and completes at least ten hours of classes each term at an [such] institution of vocational or higher education and achieves grades sufficient to re-enroll at such institution, the parental support obligation shall continue until the child completes his education, or until the child reaches the age of twenty-two, whichever first occurs. To remain eligible for such continued parental support, the child shall submit to each parent a transcript provided by the institution of vocational or higher education which includes the courses the child is enrolled in and has completed for each term, the grades and credits received for each such course, and the courses which the child is enrolled in for the upcoming term and the number of credits for each such course. If the circumstances of the child manifestly dictate, the court may waive the October first deadline for enrollment required by this subsection. If the child is enrolled in such an institution, the child or obligated parent may petition the court to amend the order to direct the obligated parent to make the payments directly to the child. As used in this section, an "institution of vocational education" means any postsecondary training or schooling for which the student is assessed a fee and attends classes regularly. "Higher education" means any junior college, college, or university at which the child attends classes regularly.

     6. At the parent's option, a parent may pay one-half of the college room, board, tuition, mandatory fees and book expenses of the child in lieu of child support during the months when a child attends school, if such child is enrolled as a full-time student and living away from the family residence for a majority of the school year, unless provisions for payment of college expenses are specified in the parenting plan or court order.

     7. The general assembly finds and declares that it is the public policy of this state to assure children frequent, continuing and meaningful contact with both parents except for cases where the court specifically finds to the contrary. In order to effectuate this public policy, a court with jurisdiction shall enforce visitation, custody and child support orders in the same manner. A court with jurisdiction may abate, in whole or in part, any future obligation of support [or] and may transfer the physical and legal or physical or legal custody of one or more children if it finds[:

     (1)] that a [custodial] parent has, without good cause, failed to provide visitation or [temporary] physical and legal or physical or legal custody to the [noncustodial] other parent pursuant to the terms of a [decree] judgment of dissolution, legal separation or modifications thereof[; and

     (2) That the noncustodial parent seeking relief is current in payment of all support obligations pursuant to the terms of a decree of dissolution, legal separation or modifications thereof]. The court may also award reasonable [attorney] expenses, attorney's fees and court costs incurred by [to] the prevailing party.

     [7.] 8. Not later than October 13, 1989, the Missouri supreme court shall have in effect a rule establishing guidelines by which any award of child support shall be made in any judicial or administrative proceeding. Said guidelines shall contain specific, descriptive and numeric criteria which will result in a computation of the support obligation. By July 1, 1996, the guidelines shall address how the amount of child support [should] shall be calculated when an award of joint physical custody results in the child or children spending substantially equal time with both parents. Not later than July 1, 1998, the child support guidelines shall be adjusted by the supreme court and specifically list and explain the relevant factors and assumptions that were used to calculate the child support guidelines including but not limited to how much visitation or temporary physical custody the parent ordered to pay child support is assumed to have. Any rule made pursuant to this subsection shall be reviewed by the promulgating body not less than once every [four] three years to ensure that its application results in the determination of appropriate child support award amounts.

     [8.] 9. Beginning October 13, 1989, there shall be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of the guidelines established pursuant to subsection [7] 8 of this section is the correct amount of child support to be awarded. A written finding or specific finding on the record in a judicial or administrative proceeding that the application of the guidelines would be unjust or inappropriate in a particular case, after considering all relevant factors, including the factors set out in subsection 1 of this section, is required if requested by a party and shall be sufficient to rebut the presumption in the case. The written finding or specific finding on the record shall detail the specific relevant factors that required a deviation from the application of the guidelines.

     [9.] 10. Under this or any other chapter, when a court determines the amount owed by a parent for support provided to his child by another person prior to the date of filing of a petition requesting support, or when the director of the division of child support enforcement establishes the amount of state debt due under subdivision (2) of subsection 1 of section 454.465, RSMo, the court or director shall use the guidelines established under subsection [7] 8 of this section. The amount of child support resulting from the application of the guidelines shall be applied retroactively for a period prior to the establishment of a support order and the length of the period of retroactivity shall be left to the discretion of the court or director. There shall be a rebuttable presumption that the amount resulting from application of the guidelines under subsection [7] 8 of this section constitutes the amount owed by the parent for the period prior to the date of the filing of the petition for support or the period for which state debt is being established. In applying the guidelines to determine a retroactive support amount, when information as to average monthly income is available, the court or director may use the average monthly income of the noncustodial parent, as averaged over the period of retroactivity, in determining the amount of presumed child support owed for the period of retroactivity. The court or director may enter a different amount in a particular case upon finding, after consideration of all relevant factors, including the factors set out in subsection 1 of this section, that there is sufficient cause to rebut the presumed amount."; and

     Further amend said bill, page 60, section 452.350, line 9, by inserting immediately after said line the following:

     "452.355. 1. Unless otherwise indicated, the court from time to time after considering all relevant factors including the financial resources of both parties, the merits of the case and the actions of the parties, may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under sections 452.300 to 452.415 and for attorney's fees, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or after entry of judgment, or the court may order a reasonable amount for the cost of maintaining or defending any proceeding under sections 452.300 to 452.415 and for attorney's fees to be paid out of the marital or separate assets which are the subject of the proceedings. The court may order that the amount be paid directly to the attorney, who may enforce the order in his name.

     2. In any proceeding in which the nonpayment of child support is an issue under the provisions of a temporary or permanent court order or decree, if the court finds that the obligor has failed, without good cause, to comply with such order or decree to pay the child support, the court shall order the obligor to pay a reasonable amount for the cost of the suit to the obligee, including sums for legal services. The court may order that the amount be paid directly to the attorney, who may enforce the order in his name.

     3. For purposes of this section, an "obligor" is a person owing a duty of support and an "obligee" is a person to whom a duty of support is owed.

     4. For purposes of this section, "good cause" includes any substantial reason why the defendant is unable to pay the child support as ordered. Good cause does not exist if the defendant purposely maintains his inability to pay."; and

     Further amend said bill, page 60, section 452.370, lines 10 to 28, by striking all of said lines; and

     Further amend said bill, page 61, section 452.370, lines 1 to 26, and inserting in lieu thereof the following:

     "452.370. 1. Except as otherwise provided in subsection 6 of section 452.325, the provisions of any decree respecting maintenance or support may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable. In a proceeding for modification of any child support or maintenance award, the court, in determining whether or not a substantial change in circumstances has occurred, shall consider all financial resources of both parties, including the extent to which the reasonable expenses of either party are, or should be, shared by a spouse or other person with whom he or she [cohabits] resides, and the earning capacity of a party who is not employed. If the application of the child support guidelines and criteria set forth in section 452.340 and applicable supreme court [rule 88.01] rules to the financial circumstances of the parties would result in a change of child support from the existing amount by twenty percent or more, then a prima facie showing has been made of a change of circumstances so substantial and continuing as to make the present terms unreasonable, if the existing amount was based upon the presumed amount under child support guidelines.

     2. When the party seeking modification has met the burden of proof set forth in subsection 1 of this section, then the child support shall be determined in conformity with criteria set forth in section 452.340 and applicable supreme court [rule 88.01] rules.

     3. Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future statutory maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.

     4. Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child are terminated by emancipation of the child. The custodial parent shall have the duty to notify the noncustodial parent of the child's emancipation and failing to do so the custodial parent shall be liable to the noncustodial parent for child support paid, plus interest, to the custodial parent following emancipation of a minor child.

     5. In any case wherein a parent has made an assignment of support rights to the division of family services on behalf of the state as a condition of eligibility for benefits under the aid to families with dependent children program and either party initiates a motion to modify the support obligation by reducing it, the state of Missouri shall be named as a party to the motion. The state shall be served with a copy of the motion by sending it by certified mail to the director of the division of child support enforcement."; and

     Further amend said bill and section, page 63, line 2, by inserting immediately after said line the following:

     "452.375. 1. As used in this section, unless the context clearly indicates otherwise:

     (1) "Joint legal custody" means that the parents share the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child, and, unless allocated, apportioned, or decreed, the parents shall confer with one another in the exercise of decision-making rights, responsibilities, and authority;

     (2) "Joint physical custody" means an order awarding each of the parents significant periods of time during which a child resides with or is under the care and supervision of each of the parents. Joint physical custody shall be shared by the parents in such a way as to assure the child of frequent [and], continuing and meaningful contact with both parents.

     2. The court shall determine physical and legal custody in accordance with the best interests of the child. The court shall consider all relevant factors including:

     (1) The wishes of the child's parents as to his physical and legal or physical or legal custody;

     (2) The wishes of a child as to his physical and legal or physical or legal custodian;

     (3) The interaction and interrelationship of the child with his parents, his siblings, and any other person who may significantly affect the child's best interests;

     (4) The child's adjustment to his home, school, and community;

     (5) The mental and physical health of all individuals involved, including any history of abuse of any individuals involved. If the court finds that a pattern of domestic violence has occurred, and, if the court also finds that awarding physical and legal or physical or legal custody to the abusive parent is in the best [interest] interests of the child, then the court shall enter written findings of fact and conclusions of law. Physical and legal or physical or legal custody and visitation rights shall be ordered in a manner that best protects the child and the parent or other family or household member who is the victim of domestic violence from any further harm;

     (6) The needs of the child for a continuing relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;

     (7) The intention of either parent to relocate [his] that parent's residence outside the state or more than fifty miles from the current residence of the child; and

     (8) Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent.

     3. The court shall not award physical and legal or physical or legal custody of a child to a parent if such parent has been found guilty of, or pled guilty to, a felony violation of chapter 566, RSMo, when the child was the victim, or a violation of section 568.020, RSMo, when the child was the victim.

     4. The general assembly finds and declares that it is the public policy of this state to assure children frequent, continuing and meaningful contact with both parents after the parents have separated or dissolved their marriage except for cases where the court specifically finds to the contrary, and that it is in the public interest to encourage parents to share decision-making rights and responsibilities of child rearing. In order to effectuate this policy, the court shall determine the physical and legal or physical or legal custody arrangement which will best assure that parents share such decision-making responsibility and authority and such frequent, continuing and meaningful contact between the child and each parent, as is indicated in the best interests of the child under all relevant circumstances.

     5. Prior to awarding the appropriate physical and legal custody arrangement in the best interest of the child, the court shall consider each of the following as follows:

     (1) Joint physical and joint legal custody to both parents, which shall be the preferred custodial arrangement and which shall not be denied solely for the reason that one parent opposes a joint physical and joint legal custody award. The burden of coming forward with evidence that joint physical and joint legal custody is not in the best interests of the child shall be upon the parent opposing an award of joint physical and joint legal custody. In the event the court finds that an award of joint physical and joint legal custody is not in the child's best interests, the court shall, if requested by a party, enter a written finding detailing the specific relevant factors that made an award of joint physical and joint legal custody not in the child's best interests and shall specify the custodial arrangements which the court finds are in the child's best interests;

     (2) Sole physical and legal or physical or legal custody to either parent; or

     (3) Third party physical and legal or physical or legal custody or visitation:

     (a) When the court finds that each parent is unfit, unsuitable, or unable to be a physical and legal or physical or legal custodian, or the welfare of the child requires, and it is in the best interests of the child, then physical and legal or physical or legal custody, temporary physical and legal or physical or legal custody or visitation may be awarded to any other person or persons deemed by the court to be suitable and able to provide an adequate and stable environment for the child. Before the court awards physical and legal or physical or legal custody, temporary physical and legal or physical or legal custody or visitation to a third person under this subdivision, the court shall make that person a party to the action;

     (b) Under the provisions of this subsection, any person may petition the court to intervene as a party in interest at any time as provided by supreme court rule.

     6. Unless otherwise decreed, parents are obligated to exchange information with one another concerning the health, education and welfare of the child. In a decree of sole legal custody, a court may provide that parents shall confer with one another in the exercise of decision-making rights, responsibilities and authority. Upon a finding by the court that either parent has refused to exchange information with one another, which shall include but not be limited to the health, education and welfare of the child, the court shall order the parent to comply immediately and to pay to the prevailing party a sum equal to the prevailing party's cost associated with obtaining the requested information, which shall include but not be limited to attorney's fees and court costs.

     7. As between the parents of a child, no preference may be given to either parent in the awarding of custody because of that parent's age, sex, or financial status, nor because of the age or sex of the child.

     8. Any decree providing for joint physical and joint legal custody or joint physical or joint legal custody shall include a specific written plan setting forth the terms of such custody. Such plan may be suggested by both parents acting in concert, or one parent acting individually, or if neither of the foregoing occurs, the plan shall be provided by the court. The plan may include a provision for mediation of disputes. In all cases, the joint custody plan approved and ordered by the court shall be in the court's discretion and shall be in the best interests of the child.

     9. Unless [a noncustodial] the parent without physical custody has been denied visitation rights under section 452.400, access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, shall not be denied to [a] such parent [because the parent is not the child's custodial parent]. If [a noncustodial] the parent without physical custody has been granted restricted or supervised visitation because the court has found that the [custodial] parent with physical custody or the child has been the victim of domestic violence, as defined in section 455.200, RSMo, by the [noncustodial] parent without physical custody, the court may order that the reports and records made available pursuant to this subsection not include the address of the [custodial] parent with physical custody or the child.

     10. If any individual, professional, public or private institution or organization denies access or fails to provide or disclose any and all records and information, including, but not limited to, past and present dental, medical and school records pertaining to a minor child, to either [the custodial or noncustodial] parent upon the written request of such parent, the court shall, upon its finding that the individual, professional, public or private institution or organization denied such request without good cause, order that party to comply immediately with such request and to pay to the prevailing party all costs incurred, including, but not limited to, attorney's fees and court costs associated with obtaining the requested information.

     11. An award of joint physical and joint legal custody or joint physical or joint legal custody does not preclude an award of child support pursuant to section 452.340 and applicable supreme court rules. The court shall consider the factors contained in section 452.340 and applicable supreme court rules in determining an amount reasonable or necessary for the support of the child.

     12. If the court finds that domestic violence has occurred, the court shall make specific findings of fact to show that the physical and legal or physical or legal custody or visitation arrangement ordered by the court best protects the child and the parent or other family or household member who is the victim of domestic violence from any further harm.

     13. A non-custodial parent, grandparent or great grandparent who was convicted of an illegal sex act under chapter 566, RSMo, or section 568.020, RSMo, against a victim under the age of eighteen (18) shall not be allowed visitation until the offender is discharged from incarceration, parole or mandatory supervised release and the offender successfully completes a treatment program approved by the court.

     452.377. A person entitled to the custody of a child shall not [change] relocate the residence of the child to another state, or remove the child from this state for a period of time exceeding ninety days, or relocate the residence of the child more than fifty miles from the current residence of the child except upon order of the court or with the written consent of the [parties] persons with physical and legal or physical or legal custody or visitation rights. Where [the noncustodial] a person has been given physical and legal or physical or legal custody or visitation rights by the custody decree, such court permission may be granted only after notice to the person having [visitation] such rights and after opportunity for hearing. When addressing the issue of relocation, the court shall consider all relevant factors including but not limited to:

     (1) Is the relocation in the best interest of the child in relation to each parent;

     (2) Will the relocation unreasonably interfere with any person's physical and legal or physical or legal custody or visitation rights; and

     (3) Is there an agreement and plan to continue a relationship with the other parent.

Violation of the provisions of this section or a court order under this section [may] shall be deemed a change of circumstance under section 452.410, allowing the court to modify the prior custody decree.

     452.400. 1. A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger the child's physical health or impair his emotional development. [The court shall define the noncustodial parent's visitation periods in detail at the request of either party.] The court shall enter an order specifically detailing the visitation or temporary physical custody rights of the parent without physical custody. In determining the granting of visitation rights, the court shall consider evidence of domestic violence. If the court finds that domestic violence has occurred, the court may find that granting visitation to the abusive party is in the best interests of the child. The court shall not grant visitation to the parent not granted custody if such parent has been found guilty of or pled guilty to a felony violation of chapter 566, RSMo, when the child was the victim, or a violation of section 568.020, RSMo, when the child was the victim. The court shall consider the parent's history of inflicting, or tendency to inflict, physical harm, bodily injury, assault, or the fear of physical harm, bodily injury, or assault on other persons and shall grant visitation in a manner that best protects the child and the parent or other family or household member who is the victim of domestic violence from any further harm. The court, if requested by a party, shall make specific findings of fact to show that the visitation arrangements made by the court best protects the child or the parent or other family or household member who is the victim of domestic violence from any further harm.

     2. The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child, but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger the child's physical health or impair his emotional development. When a court restricts a parent's visitation rights or when a court orders supervised visitation because of allegations of abuse or domestic violence, a showing of proof of treatment and rehabilitation shall be made to the court before unsupervised visitation may be ordered. "Supervised visitation", as used in this section, is visitation which takes place in the presence of a responsible adult appointed by the court for the protection of the child.

     3. The court shall mandate compliance with its order by both [the custodial parent] parents and the child. [In the event of noncompliance,] If a parent has been granted visitation rights or physical and legal or physical or legal custody rights or temporary physical custody rights, and such rights are denied or interfered with by the other parent, the [noncustodial] parent having visitation or physical and legal or physical or legal custody rights or temporary physical custody rights may file a motion for contempt[.] or a motion for a family access order. The motion for a family access order may be made on a simple verified pro se form which shall be supplied by the clerk of the court and which shall not require the assistance of legal counsel. The cost of filing such motion shall be the standard court cost for such a filing plus a thirty-five dollar family access fee. Upon filing the motion, the presiding judge shall immediately assign a circuit, associate circuit or family court judge or commissioner to hear the motion.

     4. The assigned court, upon good cause shown, shall immediately issue an order to show cause, unless there is a pending motion alleging that a family access order is not in the best interest of the child and will endanger the child's physical health or impair the child's emotional development, and shall set a time and place for hearing on the order to show cause which shall not be more than fourteen days after the service of the motion for a family access order and order to show cause.

     5. Upon a finding by the court pursuant to a motion for a family access order that its order for visitation or physical and legal or physical or legal custody or temporary physical custody has not been complied with, without good cause, the court shall [define the noncustodial parent's visitation in detail and shall exercise its discretion in providing] provide a remedy, which shall include, but not be limited to, a compensatory period of visitation or [temporary] physical custody at a time convenient for the [noncustodial] parent denied visitation or temporary physical custody or physical custody not less than the period of time denied, [together with] and if requested by a party a mandatory judgment in an amount not less than the reasonable expenses, attorneys fees and court costs actually incurred by the [noncustodial] parent as a result of the denial of visitation or physical and legal or physical or legal custody or temporary physical custody. Such order may include a provision that the sheriff or other law enforcement officer shall enforce the rights of either parent to custody or visitation, as the case may be, unless the court issues a subsequent order pursuant to chapters 210, 211 or 455, RSMo, to limit or deny either parent's access to the child.

     [4.] 6. The reasonable expenses, attorney's fees and court costs of a proceeding to enforce visitation or physical and legal or physical or legal custody rights shall, if requested by a party, be assessed against the parent who [unreasonably], without good cause, denies or interferes with visitation or physical and legal or physical or legal custody or temporary physical custody. In addition, the court may utilize any and all powers relating to contempt conferred on it by law or rule of the Missouri supreme court.

     7. In no case shall final disposition of a motion for a family access order filed pursuant to this section take place more than sixty days after the service of such motion. Final disposition shall not include appellate review.

     8. The intentional denial or interference with visitation or physical and legal or physical or legal custody or temporary physical custody of a child from the other parent, without good cause, shall constitute a change of circumstances which may justify a modification of custody.

     9. For purposes of supreme court rule 51, motions filed pursuant to this section shall not be deemed to be an independent civil action if the judge or commissioner designated to rule on the motion is the same judge or commissioner that entered the order which is the subject of a motion for a family access order or contempt.

     10. A violation of the terms and conditions of a family access order shall be a class A misdemeanor, unless the person has twice previously plead guilty to or been found guilty of violating a family access order within five years of the date of the subsequent violation, in which case the subsequent violation shall be a class D felony.

     452.401. 1. The family access fee of thirty-five dollars established in section 452.400 shall be charged and collected by every clerk of the court in this state. The court may waive such fee, in whole or in part, upon motion of the party and for good cause shown. Twenty-five dollars of such fee shall be forwarded monthly by each clerk of the court to the state director of revenue, and the fees so forwarded shall be deposited by the director of revenue in the state treasury into the Missouri family access fund as designated in subsection 2 of this section. Ten dollars of such fee shall remain with the court to cover court costs associated with the filing of the motion.

     2. "The Missouri Family Access Fund" is hereby established in the state treasury. At least quarterly, the state treasurer shall allocate moneys in the Missouri family access fund to the state court administrator for disbursement as directed in this section. Moneys deposited into the fund shall include the designated funds received from the pro se fee established in section 452.400, and any other amounts which may be received from grants, gifts, bequests, the state or federal government, or any other source. Moneys in the fund shall be devoted to the payment of expenditures associated with the review of child support guidelines and to costs associated with the increase in new causes of actions involving custody and visitation issues.

     3. Any unexpended balance in the fund at the end of the fiscal year shall be exempt from the provisions of section 33.080, RSMo, relating to the transfer of unexpended balances to the general revenue fund.

     452.405. 1. Except as otherwise ordered by the court or agreed by the parties in writing at the time of the custody decree, the legal custodian may determine the child's upbringing, including his education, health care, and religious training, unless the court after hearing[,] finds, upon motion by the [noncustodial] parent without legal custody, that in the absence of a specific limitation of the legal custodian's authority the child's physical health would be endangered or his emotional development impaired.

     2. The legal custodian shall not exercise legal custody in such a way as to detrimentally impact the other parent's visitation or physical and legal or physical or legal custody rights.

     [2.] 3. The court may order the county welfare office or the county juvenile officer to exercise continuing supervision over the case.

     452.411. If either parent of a child changes his residence to another state, such change of residence of the parent shall be deemed a change of circumstances under section 452.410, allowing the court to modify a prior physical and legal or physical or legal custody decree.

     452.416. 1. Notwithstanding any other provision of law to the contrary, whenever a parent in emergency military service has a change in income due to such military service, such change in income shall be considered a change in circumstances so substantial and continuing as to make the terms of any order or judgment for child support or visitation unreasonable.

     2. Upon receipt of a notarized letter from the commanding officer of a noncustodial parent in emergency military service which contains the date of the commencement of emergency military service and the compensation of the parent in emergency military service, the director of the division of child support enforcement shall take appropriate action to seek modification of the order or judgment of child support in accordance with the guidelines and criteria set forth in section 452.340 and applicable supreme court [rule 88.01] rules. Such notification to the director shall constitute an application for services under section 454.425, RSMo.

     3. Upon return from emergency military service the parent shall notify the director of the division of child support enforcement who shall take appropriate action to seek modification of the order or judgment of child support in accordance with the guidelines and criteria set forth in section 452.340 and applicable supreme court [rule 88.01] rules. Such notification to the director shall constitute an application for services under section 454.425, RSMo.

     4. As used in this section, the term "emergency military service" means that the parent is a member of a reserve unit or national guard unit which is called into active military duty for a period of more than thirty days.

     452.600. 1. The circuit courts [of the fifth, sixth, twenty-third, twenty-ninth, thirtieth, thirty-first and thirty-eighth judicial circuits], by local rule, [may] shall establish a program of educational sessions for parties to actions for dissolution of marriage or in postjudgment proceedings involving custody or support, concerning the effects of dissolution of marriage on minor children of the marriage. In lieu of establishing such a program, the circuit court may, by local rule, designate a similar program of educational sessions offered by a private or public entity.

     2. By July 1, 1998, the Missouri supreme court shall have in effect guidelines for the program of educational sessions. The reasonable expenses of the educational sessions shall be paid by the parties.

     452.605. In an action for dissolution of marriage involving minor children, or in a postjudgment proceeding wherein custody [or support] of minor children is to be determined by the court, [the court may on its own motion] the court shall, except for good cause, order the parties, including the minor children, to attend educational sessions concerning the effects of custody and the dissolution of marriage on children[, if the court finds that doing so would be in the best interests of the minor children]. As used in this section "good cause" includes, but is not limited to, situations where the parties have stipulated to the legal and physical custody of the child or where the safety of a party or child may be endangered by attending the educational sessions."; and

     Further amend said bill, page 104, section 454.496, line 25, by striking the following: "supreme court rule 88.01" and inserting in lieu thereof the following: "section 452.340 and applicable court rules"; and further amend line 28, by striking the following: "supreme court rule 88.01" and inserting in lieu thereof the following: "section 452.340 and applicable supreme court rules"; and

     Further amend said bill and section, page 105, line 8, by striking "supreme court rule 88.01" and inserting in lieu thereof the following: "section 452.340 and applicable supreme court rules"; and

     Further amend said bill and section, page 105, lines 11 & 12, by striking "supreme court rule 88.01" and inserting in lieu thereof the following: "section 452.340 and applicable supreme court rules"; and further amend lines 25 & 26, by striking "supreme court rule 88.01" and inserting in lieu thereof the following: "section 452.340 and applicable supreme court rules"; and

     Further amend said bill and section, page 106, line 4, by striking "supreme court rule 88.01" and inserting in lieu thereof the following: "section 452.340 and applicable supreme court rules"; and

     Further amend the title and enacting clause accordingly.

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

     Senator Wiggins resumed the Chair.

     Senator Clay offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute for House Committee Substitute for House Bill No. 411, Page 206, Section 5, Line 6, by inserting after all of said line:

     "Section 6. 1. As used in this section, the following terms mean:

     (1) "Americorps, VISTA", a domestic volunteer service of the United States government which includes Volunteers in Service to America;

     (2) "Community inventory", a research project in a high poverty area to determine the economic strengths, weaknesses, services, stores, resources, institutions and facilities in the area;

     (3) "Community organizer", any individual, agency or group skilled in contract, communication, leadership development and technical organizational skills with people of all classes living in high poverty areas who can catalyze voluntary activities among residents for purposes of developing local economic leadership and increased economic activity in that area;

     (4) "Community revitalization", an action by a public or private agency to help organize residents of high poverty areas or neighborhoods to provide leadership to increase business activity, availability of jobs, home ownership, microenterprise, security, safety, services or other economic need in that area defined by the residents;

     (5) "Community revitalization plan", a plan for microeconomic development of a high poverty area based upon a community inventory that includes, but is not limited to, increased home ownership, microenterprise development, savings clubs, credit unions, flea markets, recreation facilities or other economic activities to increase the viability, stability, jobs, security and liveability of a high poverty area;

     (6) "Department", the Missouri department of economic development;

     (7) "High poverty area", a neighborhood in a city, or a section of a town, or an unincorporated area of a county, where significant concentrations of low income people are living and where there is an unemployment rate of over ten percent or there is an unemployment rate of at least one hundred twenty percent of the national average unemployment rate. The boundaries of such area may change as a result of planning and leadership by local residents and institutions; and

     (8) "Microeconomic development", resident based, originated and led economic activity centered in high poverty areas that includes, but is not limited to, the concepts of home ownership, microenterprise, savings clubs, crafts, locally grown and sold farm products, child care services, restaurants, shops and catering services.

     2. The department shall initiate three pilot community revitalization projects in high poverty areas of the state, one urban or central city, one rural or small town, and one out-state small city.

     3. The department shall provide a competitive grant program available to nonprofit agencies, institutions or resident organizations to permit them to hire and office community organizers, such as VISTA or Americorps volunteers, whose duty it is to help residents of the high poverty area define the boundaries of their community, inventory its strengths and weaknesses, and define a community revitalization plan, especially in the area of microeconomic development. These projects shall be funded for at least three years if the bidders are satisfactorily fulfilling the obligations of the contract and making progress toward completing and implementing a community inventory and community revitalization plan.

     4. Upon receipt of a valid and practical community revitalization plan the department shall seek to coordinate private and public resources and contributions in the community, the state and the United States, to support the implementation of the provisions of the community revitalization plan. These resources include, but are not limited to, banks, training institutions, police, community development corporations and other entities that can help residents and resident corporations to fulfill their plan. The department may use Americorps or VISTA volunteers or both to accomplish this task.

     5. The department shall establish oversight and evaluation of contract activities in order to develop capacity and knowledge about how to successfully accomplish community revitalization.

     6. The department shall initiate these pilot projects by July 1, 1998."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Mathewson resumed the Chair.

     Senator Staples offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute for House Committee Substitute for House Bill No. 411, Page 130, Section 454.516, Line 21 of said page, by inserting before all of said line the following:

     "454.516. 1. The director or IV-D agency may cause a lien pursuant to subsection 2 of this section or the obligee may cause a lien pursuant to subsection 9 of this section for unpaid and delinquent child support to be placed upon motor vehicles, motor boats, outboard motors, manufactured homes and trailers that are registered in the name of a delinquent child support obligor, if the title to the property is held by a lienholder.

     2. The director or IV-D agency shall notify the department of revenue with the required information necessary to impose a lien [under] pursuant to this section by filing a notice of lien, and the department of revenue shall notify the lienholder of the existence of such lien.

     3. The department of revenue shall not register the lien unless:

     (1) The director of revenue or [his] the director's designee determines that the obligor has unpaid child support which exceeds one thousand dollars;

     (2) The property has a value of more than three thousand dollars as determined by current industry publications that provide such estimates to dealers in the business, and the property's year of manufacture is within seven years of the date of filing of the lien except in the case of a motor vehicle that has been designated a historic vehicle;

     (3) The property has no more than two existing liens for child support;

     (4) The property has had no more than three prior liens for child support in the same calendar year.

     4. In the event that a lien is placed and the obligors total support obligation is eliminated, the director shall notify the department of revenue that the lien shall be removed.

     5. Upon notification by the director that a lien exists pursuant to this section, the department of revenue shall send a sticker of impaired title in an envelope which says prominently "important legal document" to the lienholder. Such sticker shall contain the type and model of the property, the serial number of the property and the identification number of the obligor and shall be properly affixed to the certificate of title by the lienholder.

     6. Upon notification by the director that the lien shall be removed pursuant to subsection 4 of this section, the department of revenue shall send a void sticker to the lienholder and such void sticker shall be properly affixed to the certificate of title by the lienholder covering the impaired title sticker. Such sticker shall contain the type and model of the property, the serial number of the property and the identification number of the obligor.

     7. When a lienholder has received notice of a lien created by the division [under] or IV-D agency pursuant to this section and the obligor thereafter satisfies the debt to that lienholder, the lienholder shall mail to the division or IV-D agency the certificate of ownership on the motor vehicle, motor boat, outboard motor, manufactured home or trailer. The division or IV-D agency may hold the certificate of ownership until the child support obligation is satisfied, or levy and execute on the motor vehicle, motor boat, outboard motor, manufactured home or trailer and sell same, at public sale, in order to satisfy the debt. A lienholder shall inform dealers in the business of motor vehicles, motor boats, manufactured homes and trailers, upon request, of the existence or nonexistence of a lien imposed by the division pursuant to this section.

     8. A good faith purchaser for value without notice of the lien or a lender without notice of the lien takes free of the lien.

     9. In cases which are not IV-D cases, [as defined in section 452.345, RSMo,] to cause a lien pursuant to the provisions of this section the obligee or [his] the obligee's attorney shall file notice of the lien with the lienholder or payor. This notice shall have attached a certified copy of the court order with all modifications and a sworn statement by the obligee or a certified statement from the court attesting to or certifying the amount of arrearages.".

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

     Senator House offered SA 5, which was read:

SENATE AMENDMENT NO. 5

     Amend Senate Substitute for House Committee Substitute for House Bill No. 411, Page 28, Section 288.250, Line 8, by inserting immediately before the words "In addition" the following words: "Further, upon receipt of a written request from a claimant or his or her authorized representative, the division shall supply information previously submitted to the division by the claimant, the claimant's wage history and the claimant's benefit payment history"; and

     Further amend said bill, Page 28, Section 288.250, Line 10, by inserting immediately after the word "information" the words "previously submitted to the division by the employing unit, and information".

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

     Senator Caskey offered SA 6:

SENATE AMENDMENT NO. 6

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 411, Page 193, Section 454.1018, Line 28, by striking all of said line; and

     Further amend page 194, same section, line 1-3, by striking all of said lines and inserting in lieu thereof the following:

     "to 454.1025. Any rule or portion of a rule promulgated pursuant to this act shall become effective only as provided pursuant to chapter 536, RSMo, including, but not limited to, section 536.028, RSMo, if applicable, 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 are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028, RSMo, if applicable, 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 said bill, page 197, section 536.028, by striking all of said section; and

     Further amend said bill, page 206, section 5, line 6, by inserting immediately after all of said line the following:

     "Section 6. 1. In any action challenging any rule promulgated pursuant to the provisions of this act, the agency as defined in section 536.010, RSMo, promulgating such rule shall be required to prove by a preponderance of the evidence that the rule or threatened application of the rule is valid, is authorized by law, is not in conflict with any law and is not arbitrary and capricious.

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

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

     4. Any rulemaking authority granted pursuant to the provisions of this act is subject to any rulemaking authority contained in chapter 536, RSMo, including any subsequent amendments to chapter 536, RSMo, including any subsequent amendments to chapter 536, RSMo.

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

     Further amend the title and enacting clause accordingly.

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

     Senator Kenney offered SA 7:

SENATE AMENDMENT NO. 7

     Amend Senate Substitute for House Committee Substitute for House Bill No. 411, Page 206, Section 5, Line 6 of said page, by inserting immediately after said line the following:

     "Section 6. In any court proceeding regarding the physical and legal custody of a child, the court shall not make a custody determination based upon the choice of education chosen for such child by the child's custodial parent or parents or legal guardian. The court shall not order the custodial parent or guardian to enroll the child in any school other than the school chosen by such custodial parent or legal guardian in compliance with state law."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Caskey moved that SS for HCS for HB 411, as amended, be adopted, which motion prevailed.

     On motion of Senator Caskey, SS for HCS for HB 411, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersCurls
DePascoEhlmannGoodeGraves
HouseJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RussellScottSimsSingleton
StaplesWestfallWigginsYeckel--28
Nays--Senators
ClayHowardRohrbach--3
Absent--Senators
BanksFlotronSchneider--3
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
DePascoEhlmannGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--Rohrbach--1
Absent--Senators
BanksCurlsFlotron--3
Absent with leave--Senators--None

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

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

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

     HB 51, introduced by Representative Shear, entitled:

     An Act to repeal section 186.055, RSMo Supp. 1996, relating to the humanities trust fund, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

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

     Senator Staples offered SA 1:

SENATE AMENDMENT NO. 1

     Amend House Bill No. 51, Page 1, In the Title, Line 2 of said page, by striking the following: "humanities trust fund" and inserting in lieu thereof the following: "certain trust funds"; and

     Further amend said bill, page 2, section 186.055, line 16, by inserting immediately after all of said line the following:

     "Section 1. 1. Any person serving as a member of a board or commission may indicate that such member wishes to contribute all or any part of the per diem or expense reimbursement received for such service on the board or commission to a fund to be administered by the division of youth services for the counseling, treatment and therapy of children who have been sexually, physically or emotionally abused. The office of administration shall design vouchers for the payment of the per diem or expense reimbursement to allow the person to designate if all or part of the money the person is entitled to receive is to be deposited in the "Youth Services Treatment Fund", which is hereby created in the state treasury. All per diem and expense reimbursement amounts which are contributed shall be deposited with the state treasurer in the fund. The division of youth services advisory board created in chapter 219, RSMo, shall make recommendations to the governor and the department of social services for the expenditure of the money in the fund.

     2. Notwithstanding the provisions of section 33.080, RSMo, moneys in the fund at the end of any biennium shall not be transferred to the general revenue fund.

     3. The fund may accept any other gift, bequest or donation from any entity."; and

     Further amend said bill, page 2, section B, line 2, by inserting after "council," the following: "section 186.055 of"; and further on line 4, by inserting after "constitution, and" the following: "section 186.055 of"; and

     Further amend the title and enacting clause accordingly.

     Senator Staples moved that the above amendment be adopted.

     Senator Howard raised the point of order that SA 1 is out of order in that the amendment goes beyond the scope and purpose of the bill.

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

     On motion of Senator Staples, HB 51 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyEhlmann
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
MathewsonMcKennaMuellerQuick
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--25
Nays--Senators--Rohrbach--1
Absent--Senators
ChildersClayCurlsDePasco
FlotronKlarichLybyerMaxwell--8
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
EhlmannGoodeGravesHouse
HowardJacobJohnsonKenney
KinderMathewsonMcKennaMueller
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--25
Nays--Senators--Rohrbach--1
Absent--Senators
ClayCurlsDePascoFlotron
KlarichLybyerMaxwellQuick--8
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.

     Senator Wiggins resumed the Chair.

CONCURRENT RESOLUTIONS

     Senator Scott moved that HCR 21, with SCAs 1 and 2, be taken up for adoption, which motion prevailed.

     SCA 1 was taken up.

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

     SCA 2 was taken up.

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

     Senator Scott offered SS for HCR 21:

SENATE SUBSTITUTE FOR

HOUSE CONCURRENT RESOLUTION NO. 21

     WHEREAS, the lack of adequate office space for legislators and staff along with the lack of adequate facilities to conduct hearings, meetings and other legislative functions at our State Capitol has been an issue of major and growing concern for many years; and

     WHEREAS, in 1995, Sverdrup Facilities Corporation and its consultants published a comprehensive State Office Space Study and Master Plan after having been requested by the State of Missouri Office of Administration to develop a strategic plan for accommodating space needs for non-institutional offices statewide through Fiscal Year 2004; and

     WHEREAS, one of the primary goals of this strategic plan was to address those issues which inhibit the efficient delivery of government services to the citizens of the state; and

     WHEREAS, in this State Office Space Study and Master Plan, a specific reference to the State Capitol declared "The State Capitol Building, with the exception of the Senate and House chambers, is suffering from many ill-conceived renovations and overcrowding", and "Many spaces are poorly ventilated, lighted and appointed creating an uncomfortable and unsophisticated office environment"; and

     WHEREAS, one short-term measure that has been implemented to address the problem of inadequate facilities at the Capitol is the appropriation of significant sums of money for the renovation of existing offices that are much too small and crowded to begin with, and which can gain relatively little in the way of becoming more livable and functional after the expenditure of this money; and

     WHEREAS, legislators and their staff deserve to work in a safe, comfortable, and adequately-spaced office environment in order to provide the most efficient and effective service possible for the people of Missouri; and legislators, staff, and private citizens are entitled to conduct state business in a safe and comfortable environment when meeting in the various hearing rooms and committee rooms within our State Capitol; and

     WHEREAS, expedient measures need to be implemented to provide effective short-term solutions for the problem of overcrowding at the State Capitol; and

     WHEREAS, Section 8.460, Revised Statutes of Missouri, subsection 1, states "The board of public buildings may build an office building in the City of Jefferson to house state offices which are presently located in rented quarters within the county of Cole, and they shall remove as many offices from the State Capitol building as the general assembly deems necessary to provide adequate space for its members"; and

     WHEREAS, Section 8.015, Revised Statutes of Missouri, gives the Senate Administration Committee exclusive control over the Senate Chamber, the Senate Committee rooms, the offices of the members of the Senate at the State Capitol, and all other rooms and offices of the State Capitol designed for or assigned by the Board of Public Buildings to the use of the members and officers of the Senate, and states that "No use of any of said quarters other than by the Senate, its members or officers shall be made except with the written consent of the Senator or officer occupying the office rooms and upon the order of the accounts committee"; and

     WHEREAS, Section 8.017, Revised Statutes of Missouri, gives the House Committee on Accounts, Operation and Finance exclusive control over the House Chamber, the House Committee rooms, the offices of the members of the House at the State Capitol, and all other rooms and offices of the State Capitol designed for or assigned by the Board of Public Buildings to the use of the members and officers of the House, and states that "No use of any of said quarters other than by the House, its members or officers shall be made except with the written consent of the Representative or officer occupying the office rooms and upon the order of the accounts committee":

     NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Eighty-ninth General Assembly, the Senate concurring therein, that pursuant to the provisions of section 8.460, RSMo, the Board of Public Buildings be advised to reassign offices in the Capitol, presently occupied or under the control of the executive branch except for those offices now assigned to the Governor and his immediate staff and the Lieutenant Governor and his immediate staff, to the House Accounts, Operation and Finance Committee and Senate Administration Committee, and further assert the right to reserve any and all of these rooms and facilities for the exclusive use of legislators and legislative staff; and

     BE IT FURTHER RESOLVED that an examination of space available within the Capitol be given first priority by the House Accounts, Operations and Finance Committee, the Senate Administration Committee and the Office of Administration; and

     BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the Commissioner of Administration, each member of the Board of Public Buildings, the House Committee on Accounts, Operation and Finance, and for the Senate Administration Committee.

     Senator Scott moved that SS for HCR 21 be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
MathewsonMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonWestfallWiggins
Yeckel--29
Nays--Senators--None
Absent--Senators
ClayJacobLybyerMaxwell
Staples--5
Absent with leave--Senators--None

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCS for HCS for HB 141 and has again taken up and passed SCS for HCS for HB 141.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SS for HCS for HBs 641 and 593, as amended, and requests the Senate to Recede from its position and failing to do so, grant the House a conference thereon.

     Also.

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SS for SB 248, 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 up and passed HS for HCS for SCS for SB 140, entitled:

     An Act to repeal sections 303.024, 303.025, 303.026, 303.030, 303.042, 303.043, 303.140, 303.290, 303.370 and 379.203, RSMo 1994, relating to motor vehicles, and to enact in lieu thereof ten new sections relating to the same subject, with penalty provisions.

     With House Amendments Nos. 1, 2, 3, 4, 6, 7 and 8.

HOUSE AMENDMENT NO. 1

     Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 140, Page 9, Section 303.026, Line 5, by adding after "RSMo," the following, "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.".

HOUSE AMENDMENT NO. 2

     Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 140, Pages 21 to 24, Section 379.203, by striking all of said lines, and

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

HOUSE AMENDMENT NO. 3

     Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 140, Page 24, Section 379.203, Line 17, by inserting immediately after said line, the following:

     "Section 1. An automobile insurer shall not disqualify or otherwise discriminate against an insured or an applicant for insurance based on information contained in a credit report."; and

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

HOUSE AMENDMENT NO. 4

     Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 140, Page 1, Section A, Line 14, by inserting after said line the following:

     "302.302. 1. The director of revenue shall put into effect a point system for the suspension and revocation of licenses. Points shall be assessed only after a conviction or forfeiture of collateral. The initial point value is as follows:

     (1) Any moving violation of a state law or county or municipal traffic ordinance not listed in this section, other than a violation of vehicle equipment provisions2 points

(except any violation of municipal stop

sign ordinance where no accident is

involved . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 point)

     (2) Speeding

In violation of a state law. . . . . . . . . . . . . . . . . . . .3 points

In violation of a county or municipal

ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 points

     (3) Leaving the scene of an accident in violation of section 577.060, RSMo12 points

In violation of any county or municipal

ordinance. . . . . . . . . . . . . . . . 6 points     

     (4) Careless and imprudent driving in

violation of subsection 4 of section 304.016,

RSMo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 points

In violation of a county or municipal

ordinance. . . . . . . . . . . . . . . . 2 points     

     (5) Operating without a license after suspension or revocation and prior to restoration of operating privileges which have been suspended or revoked12 points

     (6) Obtaining a license by

misrepresentation. . . . . . . . . . . .12 points     

     (7) For the first conviction of driving while in an intoxicated condition or under the influence of controlled substances or drugs. . . . . . . . . . . . . .8 points

     (8) For the second or subsequent conviction of any of the following offenses however combined: driving while in an intoxicated condition, driving under the influence of controlled substances or drugs or driving with a blood alcohol content of ten-hundredths of one percent or more by

weight. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 points

     (9) For the first conviction for driving with blood alcohol content ten-hundredths of one percent or more by weight

In violation of state law . . . . . . . . . . . . . . . . . . . . .8 points

In violation of a county or municipal

ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 points

     (10) Any felony involving the use of a motor

vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 points

     (11) Knowingly permitting unlicensed operator to operate a motor vehicle4 points

     (12) Knowingly operating a vehicle without possession of proof of liability insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 points

     2. An additional two points shall be assessed when personal injury or property damage results from any violation listed in subsection 1 of this section and if found to be warranted and certified by the reporting court.

     3. When any of the acts listed in subdivision (2), (3), (4) or (7) of subsection 1 of this section constitutes both a violation of a state law and a violation of a county or municipal ordinance, points may be assessed for either violation but not for both. Notwithstanding that an offense arising out of the same occurrence could be construed to be a violation of subdivisions (7), (8) and (9) of subsection 1 of this section, no person shall be tried or convicted for more than one offense under subdivisions (7), (8) and (9) of subsection 1 of this section for offenses arising out of the same occurrence.

     4. The director of revenue shall put into effect a system for staying the assessment of points against an operator. The system shall provide that the satisfactory completion of a driver improvement program or, in the case of violations committed while operating a motorcycle, a motorcycle rider training course approved by the director of the department of public safety, by an operator, when so ordered and verified by any court having jurisdiction over any law of this state or county or municipal ordinance, regulating motor vehicles, other than a violation committed in a commercial motor vehicle as defined in section 302.700, shall be accepted by the director in lieu of the assessment of points for a violation under subdivision (1), (2), or (4) of subsection 1 of this section or under subsection 2 of this section. For the purposes of this subsection, the driver improvement program shall meet or exceed the standards of the National Safety Council's eight-hour "Defensive Driving Course" or, in the case of a violation which occurred during the operation of a motorcycle, the program shall meet the standards established by the director of the department of public safety under sections 302.133 to 302.138. The completion of a driver improvement program or a motorcycle rider training course shall not be accepted in lieu of points more than one time in any thirty-six-month period and must be completed within sixty days of the date of conviction in order to be accepted in lieu of the assessment of points. Every court having jurisdiction under the provisions of this subsection shall, within fifteen days after completion of the driver improvement program or motorcycle rider training course by an operator, forward a record of the completion to the director, all other provisions of the law to the contrary notwithstanding. The director shall establish procedures for record keeping and the administration of this subsection.".

HOUSE AMENDMENT NO. 6

     Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 140, In the Title, Line 6, by deleting the word "ten" and inserting in lieu thereof the word "eleven"; and

     Further amend said bill, Page 1, Section A, Line 12, by deleting the word "ten" and inserting in lieu thereof the word "eleven"; and

     Further amend said bill, Page 1, Section A, Line 14, by deleting the word and number "and 379.203" and inserting in lieu thereof the following: ", 379.203 and 1"; and

     Further amend said bill, Page 24, Section 379.203, Line 17, by adding after all of said line the following:

     "Section 1. 1. The provisions of this section shall only apply to any county of the first classification with a charter form of government with a population of at least two hundred thousand inhabitants that adjoins a county of the first classification with a charter form of government with a population of at least nine hundred thousand inhabitants.

     2. For financial responsibility when dealing with motor vehicles of others, whenever a towing company bids on a contract with a political subdivision for towing services, the towing company or its subsidiary or affiliate shall present proof to the political subdivision that:

     (1) The company has a surety bond of not less than one hundred thousand dollars per occurrence;

     (2) The towing company owns at least ninety percent of the towing vehicles which are to be used in connection with the towing contract.

     3. The provisions of this section shall not apply to towing companies, with their subsidiaries and affiliates combined, that have less than five towing vehicles.".

HOUSE AMENDMENT NO. 7

     Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 140, Page 6, Section 303.025, Line 11, by deleting "thirty" on said line and inserting in lieu thereof "ten".

HOUSE AMENDMENT NO. 8

     Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 140, Page 8, Section 303.026, Line 19, by removing the words "must demonstrate to" and replace with "demonstrates to".

     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 refuses to concur in SSA 1 for SA 1 to HJR 11 and request the Senate to recede from its position or, failing to do so, grant the House a conference.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for SCS for SB 316 and has taken up and passed CCS for HCS for SCS for SB 316.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SS for SCS for HB 32, as amended, and requests the Senate to Recede from its position and failing to do so, grant the House a conference thereon.

CONFERENCE COMMITTEE REPORTS

     Senator Schneider, on behalf of the conference committee appointed to act with a like committee from the House on HS for SS for SB 97, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 97

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Substitute for Senate Substitute for Senate Bill No. 97, with House Amendments Nos. 1, 2, 3 and 4; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Amendment No. 2;

     2. That the Senate recede from its position on House Substitute for Senate Substitute for Senate Bill No. 97, with House Amendments Nos. 1, 3 and 4;

     3. That the attached Conference Committee Amendment No. 1 be adopted;

     4. That House Substitute for Senate Substitute for Senate Bill No. 97, with House Amendments Nos. 1, 3 and 4 and Conference Committee Amendment No. 1, be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ John Schneider      /s/ Timothy Green

/s/ Harry Wiggins      /s/ Kelly Parker

/s/ Wayne Goode      /s/ Don Kissell

/s/ Steve Ehlmann      /s/ Laurie Donovan

/s/ David Klarich      /s/ Jim Murphy

CONFERENCE COMMITTEE AMENDMENT NO. 1

     Amend House Substitute for Senate Substitute for Senate Bill No. 97, Page 1, Section A, Line 12, by inserting immediately after said line the following:

     "610.105. If the person arrested is charged but the case is subsequently nolle prossed, dismissed, or the accused is found not guilty or imposition of sentence is suspended in the court in which the action is prosecuted, official records pertaining to the case shall thereafter be closed records when such case is finally terminated except that the disposition portion of the record may be accessed for purposes of exculpation and except as provided in section 610.120. If the accused is found not guilty due to mental disease or defect pursuant to section 552.030, RSMo, official records pertaining to the case shall thereafter be closed records upon such findings, except that the disposition may be accessed only by law enforcement agencies, child care agencies, facilities as defined in section 198.006, RSMo, in-home services provider agencies as defined in section 660.250, RSMo, in the manner established by section 610.120."; and

     Further amend the title and enacting clause accordingly.

     Senator Schneider moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyCurls
DePascoFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichMathewson
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators--None
Absent--Senators
ChildersClayEhlmannLybyer
Maxwell--5
Absent with leave--Senators--None

     On motion of Senator Schneider, HS for SS for SB 97, as amended by the conference committee report, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyDePascoFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichMathewsonMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WigginsYeckel--26
Nays--Senators--None
Absent--Senators
BentleyChildersClayCurls
EhlmannLybyerMaxwellWestfall--8
Absent with leave--Senators--None

     The President declared the bill passed.

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

     Senator Schneider 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 House moved that HCS for HBs 87 and 264, with SA 4 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SA 4 was again taken up.

     Senator Westfall offered SSA 1 for SA 4:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 4

     Amend House Committee Substitute for House Bills Nos. 87 and 264, Page 2, Section 64.205, Line 2, by inserting after said line the following:

     "Section 1. The provisions of 67.400 shall apply to any city, town, village or counties of the first and second classification and only those counties of the third classification that have adopted building codes. The provisions of Sections 67.400 and any code adopted under 64.175 shall not apply to agricultural property and structures on such property in any county of the third classification."; and

     Further amend the title and enacting clause accordingly.

     Senator Westfall moved that the above substitute amendment be adopted.

     Senator Graves offered SA 1 to SSA 1 for SA 4, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 4

     Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 4 to House Committee Substitute for House Bills Nos. 87 and 264, Page 1, Line 8, by adding after the word "agricultural" the words "and commercial".

     Senator Graves moved that the above amendment be adopted.

     Senator Johnson resumed the Chair.

     Senator Scott assumed the Chair.

     At the request of Senator House, HCS for HBs 87 and 264, with SA 4, SSA 1 for SA 4 and SA 1 to SSA 1 for SA 4 (pending) was placed on the Informal Calendar.

PRIVILEGED MOTIONS

     Senator Bentley moved that the Senate refuse to recede from its position on SS for HCS for HBs 641 and 593, as amended, and grant the House 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 HCS for HBs 641 and 593, as amended: Senators McKenna, House, Caskey, Mueller and Bentley.

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HCS for SS for SB 248, as amended: Senators Schneider, Wiggins, Maxwell, Ehlmann and Klarich.

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HCS for SS for SB 248, as amended: Representatives: May (108), O'Toole, DeMarce, Ridgeway and Naeger.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS for HCS for HB 509, as amended, and has again taken up and passed SS for HCS for HB 509, as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SS for SB 361, entitled:

     An Act to repeal sections 193.085, 193.087, 193.145, 193.215, 210.822, 210.832, 210.834, 210.839, 210.841, 210.842, 285.300, 285.302, 285.304, 288.250, 301.020, 301.190, 379.116, 451.040, 452.305, 452.315, 452.345, 452.350, 452.370, 454.410, 454.415, 454.425, 454.440, 454.500, 454.455, 454.460, 454.465, 454.470, 454.475, 454.476, 454.485, 454.490, 454.495, 454.496, 454.505, 454.512, 454.513, 454.514, 454.515, 454.516, 454.517, 454.518, 454.519, 454.603, 454.808, 486.225 and 620.145, RSMo 1994, and sections 210.842, 452.340, 452.345, 454.400, 454.850, 454.855, 454.860, 454.862, 454.867, 454.869, 454.871, 454.877, 454.880, 454.882, 454.885, 454.887, 454.890, 454.895, 454.897, 454.900, 454.902, 454.905, 454.907, 454.910, 454.912, 454.915, 454.917, 454.927, 454.930, 454.932, 454.935, 454.937, 454.940, 454.942, 454.945, 454.947, 454.950, 454.952, 454.955, 454.957, 454.960, 454.962, 454.965, 454.967, 454.970, 454.972, 454.975, 454.977, 454.979, and 454.980, RSMo Supp. 1996, and to enact in lieu thereof one hundred thirty-seven new sections for the purpose of complying with federal mandates for child support enforcement, with penalty provisions, an effective date for certain sections and an emergency clause.

     With House Amendments Nos. 1, 2, 3; House Amendment No. 1 to House Amendment No. 5; House Amendment No. 2 to House Amendment No. 5; House Amendment No. 3 to House Amendment No. 5; House Amendment No. 4 to House Amendment No. 5; House Amendment No. 5 to House Amendment No. 5; House Amendment No. 6 to House Amendment No. 5; Part 1 of House Amendment No. 7 to House Amendment No. 5; House Amendment No. 8 to House Amendment No. 5; House Amendment No. 5, as amended; and House Amendment No. 6.

HOUSE AMENDMENT NO. 1

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 361, Page 100, Section 454.1003.1(1), Line 5, by inserting immediately after the word "obligor" the words "is not making child support payments in accordance with a court order and"; and

     Further amend said bill, Page 101, Section 454.1005.2, line 5 by inserting immediately after the word "respond" the commas and words ", without good cause,".

HOUSE AMENDMENT NO. 2

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 361, Page 21, Section 379.116, Lines 1-10, by deleting all of said section; and

     Further amend the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 3

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 361, Page 16, Section 288.250, Line 10, by inserting immediately before the words "In addition" the following words: "Further, upon receipt of a written request from a claimant or his or her authorized representative, the division shall supply information previously submitted to the division by the claimant, the claimant's wage history and the claimant's benefit payment history."; and

     Further amend said bill, Page 16, Section 288.250, Line 11 by inserting immediately after the word "information" the words "previously submitted to the division by the employing unit, and information".

HOUSE AMENDMENT NO. 5

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 361, Page 23, Section 452.340, Lines 1 to 94, by deleting all of said section and inserting in lieu thereof the following:

     "452.340. 1. In a proceeding for dissolution of marriage, legal separation or child support, the court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for his support, including an award retroactive to the date of filing the petition, without regard to marital misconduct, after considering all relevant factors including:

     (1) The financial needs and resources of the child;

     (2) The financial resources and needs of the parents;

     (3) The standard of living the child would have enjoyed had the marriage not been dissolved;

     (4) The physical and emotional condition of the child, and his educational needs; and

     (5) The child's physical and legal custody arrangements, including the amount of time the child spends with each parent and the reasonable expenses associated with the physical and legal or physical or legal custody arrangements.

     2. The obligation of the [noncustodial] parent ordered to make support payments shall abate, in whole or in part[,]:

     (1) For such periods of time in excess of thirty consecutive days that the [custodial] other parent has voluntarily relinquished physical custody of a child to the [noncustodial] parent ordered to pay child support, notwithstanding any periods of visitation or temporary physical and legal or physical or legal custody pursuant to a [decree] judgment of dissolution or legal separation or any modification thereof[.];

     (2) For such periods of time twenty-eight consecutive days or longer, pursuant to a decree of dissolution or legal separation or any modification thereof, during which the parent ordered to pay child support is the primary caretaker of any child subject to such decree, notwithstanding any periods of visitation by the other parent during such periods, unless the court has already considered or provided for the visitation in establishing or determining the child support obligations.

In [an] a IV-D case, the division of child support enforcement may determine the amount of the abatement under this subsection for any child support order. In such cases, upon notification by the division, the circuit clerk shall record the amount of abatement on the child support trusteeship record established pursuant to this chapter and chapter 454, RSMo.

     3. Unless the circumstances of the child manifestly dictate otherwise and the court specifically so provides, the obligation of a parent to make child support payments shall terminate when the child:

     (1) Dies;

     (2) Marries;

     (3) Enters active duty in the military;

     (4) Becomes self-supporting, provided that the custodial parent has relinquished the child from parental control by express or implied consent; or

     (5) Reaches age eighteen, unless the provisions of subsection 4 or 5 of this section apply.

     4. If the child is physically or mentally incapacitated from supporting himself and insolvent and unmarried, the court may extend the parental support obligation past the child's eighteenth birthday.

     5. If when a child reaches age eighteen, he is enrolled in and attending a secondary school program of instruction, the parental support obligation shall continue, if the child continues to attend and satisfactorily progresses toward completion of said program, until the child completes such program or reaches age twenty-one, whichever first occurs. If the child is enrolled in an institution of vocational or higher education not later than October first following graduation from a secondary school or completion of a graduation equivalence degree and so long as the child [continues to attend] enrolls for and completes at least twelve hours of classes each term at an [such] institution of vocational or higher education and achieves grades sufficient to re-enroll at such institution, the parental support obligation shall continue until the child completes his education, or until the child reaches the age of twenty-two, whichever first occurs. To remain eligible for such continued parental support, the child shall submit to each parent a transcript provided by the institution of vocational or higher education which includes the courses the child is enrolled in and has completed for each term, the grades and credits received for each such course, and the courses which the child is enrolled in for the upcoming term and the number of credits for each such course. If the circumstances of the child manifestly dictate, the court may waive the October first deadline for enrollment required by this subsection. If the child is enrolled in such an institution, the child or obligated parent may petition the court to amend the order to direct the obligated parent to make the payments directly to the child. As used in this section, an "institution of vocational education" means any postsecondary training or schooling for which the student is assessed a fee and attends classes regularly. "Higher education" means any junior college, college, or university at which the child attends classes regularly.

     6. At the parent's option, a parent may pay one-half of the college room, board, tuition, mandatory fees and book expenses of the child in lieu of child support during the months when a child attends school, if such child is enrolled as a full-time student and living away form the family residence for a majority of the school year, unless provisions for payment of college expenses are specified in the parenting plan or court order.

     7. The general assembly finds and declares that it is the public policy of this state to assure children frequent, continuing and meaningful contact with both parents except for cases where the court specifically finds to the contrary. In order to effectuate this public policy, a court with jurisdiction shall enforce visitation, custody and child support orders in the same manner. A court with jurisdiction may abate, in whole or in part, any future obligation of support [or] and may transfer the physical and legal or physical or legal custody of one or more children if it finds[:

     (1)] That a [custodial] parent has, without good cause, failed to provide visitation or [temporary] physical and legal or physical or legal custody to the [noncustodial] other parent pursuant to the terms of a [decree] judgment of dissolution, legal separation or modifications thereof[; and

     (2) That the noncustodial parent is current in payment of all support obligations pursuant to the terms of a decree of dissolution, legal separation or modifications thereof]. The court may also award reasonable [attorney] expenses, attorney's fees [to] and court costs incurred by the prevailing party.

     [7.] 8. Not later than October 13, 1989, the Missouri supreme court shall have in effect a rule establishing guidelines by which any award of child support shall be made in any judicial or administrative proceeding. Said guidelines shall contain specific, descriptive and numeric criteria which will result in a computation of the support obligation. By July 1, 1996, the guidelines shall address how the amount of child support [should] shall be calculated when an award of joint physical custody results in the child or children spending substantially equal time with both parents. Not later than July 1, 1998, the child support guidelines shall be adjusted by the supreme court and specifically list and explain the relevant factors and assumptions that were used to calculate the child support guidelines including but not limited to how much visitation or temporary physical custody the parent ordered to pay child support is assumed to have. Any rule made pursuant to this subsection shall be reviewed by the promulgating body not less than once every [four] three years to ensure that its application results in the determination of appropriate child support award amounts.

     [8.] 9. Beginning October 13, 1989, there shall be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of the guidelines established pursuant to subsection [7] 8 of this section is the correct amount of child support to be awarded. A written finding or specific finding on the record in a judicial or administrative proceeding that the application of the guidelines would be unjust or inappropriate in a particular case, after considering all relevant factors, including the factors set out in subsection 1 of this section, is required if requested by a party and shall be sufficient to rebut the presumption in the case. The written finding or specific finding on the record shall detail the specific relevant factors that required a deviation from the application of the guidelines.

     [9.] 10. Under this or any other chapter, when a court determines the amount owed by a parent for support provided to his child by another person prior to the date of filing of a petition requesting support, or when the director of the division of child support enforcement establishes the amount of state debt due under subdivision (2) of subsection 1 of section 454.465, RSMo, the court or director shall use the guidelines established under subsection [7] 8 of this section. The amount of child support resulting from the application of the guidelines shall be applied retroactively for a period prior to the establishment of a support order and the length of the period of retroactivity shall be left to the discretion of the court or director. There shall be a rebuttable presumption that the amount resulting from application of the guidelines under subsection [7] 8 of this section constitutes the amount owed by the parent for the period prior to the date of the filing of the petition for support or the period for which state debt is being established. In applying the guidelines to determine a retroactive support amount, when information as to average monthly income is available, the court or director may use the average monthly income of the noncustodial parent, as averaged over the period of retroactivity, in determining the amount of presumed child support owed for the period of retroactivity. The court or director may enter a different amount in a particular case upon finding, after consideration of all relevant factors, including the factors set out in subsection 1 of this section, that there is sufficient cause to rebut the presumed amount."; and

     Further amend said bill, Page 33, Section 452.370, Lines 1 to 50, by deleting all of said section and inserting in lieu thereof the following:

     "452.370. 1. Except as otherwise provided in subsection 6 of section 452.325, the provisions of any decree respecting maintenance or support may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable. In a proceeding for modification of any child support or maintenance award, the court, in determining whether or not a substantial change in circumstances has occurred, shall consider all financial resources of both parties, including the extent to which the reasonable expenses of either party are, or should be, shared by a spouse or other person with whom he or she [cohabits] resides, and the earning capacity of a party who is not employed. If the application of the child support guidelines and criteria set forth in section 452.340 and applicable supreme court [rule 88.01] rules to the financial circumstances of the parties would result in a change of child support from the existing amount by twenty percent or more, then a prima facie showing has been made of a change of circumstances so substantial and continuing as to make the present terms unreasonable, if the existing amount was based upon the presumed amount under child support guidelines.

     2. When the party seeking modification has met the burden of proof set forth in subsection 1 of this section, then the child support shall be determined in conformity with criteria set forth in section 452.340 and applicable supreme court [rule 88.01] rules.

     3. Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future statutory maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.

     4. Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child are terminated by emancipation of the child. The custodial parent shall have the duty to notify the noncustodial parent of the child's emancipation and failing to do so the custodial parent shall be liable to the noncustodial parent for child support paid, plus interest, to the custodial parent following emancipation of a minor child.

     5. [In any case wherein] If a parent has made an assignment of support rights to the division of family services on behalf of the state as a condition of eligibility for benefits [under] pursuant to the aid to families with dependent children program and either party initiates a motion to modify the support obligation by reducing it, the state of Missouri shall be named as a party to the motion. The state shall be served with a copy of the motion by sending it by certified mail to the director of the division of child support enforcement.

     6. The circuit court shall have continuing personal jurisdiction over both the obligee and the obligor of a court order for child support or maintenance for the purpose of modifying such order. Both obligee and obligor shall notify, in writing, the circuit clerk of the court in which the support or maintenance order was entered of any change of mailing address. If a personal service of the motion cannot be had in this state, the motion to modify and notice of hearing shall be served outside the state as provided by supreme court rule 54.14. The order may be modified only as to support or maintenance installments which accrued subsequent to the date of personal service. For the purpose of 42 U.S.C. 666(a)(9)(C), the circuit clerk shall be considered the "appropriate agent" to receive notice of the motion to modify for the obligee or the obligor, but only in those instances in which personal service could not be had in this state.

     7. If a responsive pleading raising the issues of custody or visitation is filed in response to a motion to modify child support filed at the request of the division of child support enforcement by a prosecuting attorney or circuit attorney or an attorney under contract with the division, such responsive pleading shall be severed upon request.

     8. Notwithstanding any provision of this section which requires a showing of substantial and continuing change in circumstances, in a IV-D case filed pursuant to this section by the division of child support enforcement as provided in section 454.400, RSMo, the court shall modify a support order in accordance with the guidelines and criteria set forth in supreme court rule 88.01 and any regulations thereunder if the amount in the current order differs from the amount which would be awarded in accordance with such guidelines or regulations."; and

     Further amend said bill, Page 55, Section 454.496, Lines 1 to 66, by deleting all of said section and inserting in lieu thereof the following:

     "454.496. 1. At any time after the entry of a court order for child support in a case in which support rights have been assigned to the state [of Missouri] pursuant to section 208.040, RSMo, or a case in which support enforcement services are being provided [under] pursuant to section 454.425, the obligated parent, the obligee or the division of child support enforcement may file a motion to modify the existing child support order [under] pursuant to this section, [provided that] if a review has first been completed by the director of child support enforcement pursuant to subdivision (13) of subsection 2 of section 454.400. The motion shall be in writing in a form prescribed by the director, shall set out the reasons for modification and shall state the telephone number and address of the moving party. The motion shall be served in the same manner provided for in subsection 5 of section 454.465 upon the obligated parent, the obligee and the division, as appropriate. In addition, if the support rights are held by the division of family services on behalf of the state, the moving party shall mail a true copy of the motion by certified mail to the person having custody of the dependent child at the last known address of that person. The party against whom the motion is made shall have thirty days either to resolve the matter by stipulated agreement or to serve the moving party and the director, as appropriate, by regular mail with a written response setting forth any objections to the motion and a request for hearing. When requested, the hearing shall be conducted pursuant to section 454.475 by hearing officers designated by the department of social services. In such proceedings, the hearing officers shall have the authority granted to the director pursuant to subsection 6 of section 454.465.

     2. When no objections and request for hearing have been served within thirty days, the director, upon proof of service, shall enter an order granting the relief sought. Copies of the order shall be mailed to the parties within fourteen days of issuance.

     3. A motion to modify made pursuant to this section shall not stay the director from enforcing and collecting upon the existing order unless so ordered by the court in which the order is docketed.

     4. The only support payments which may be modified are payments accruing subsequent to the service of the motion upon all parties to the motion.

     5. The party requesting modification shall have the burden of proving that a modification is appropriate [under] pursuant to the provisions of section 452.370, RSMo.

     6. Notwithstanding the provisions of section 454.490 to the contrary, an administrative order modifying a court order is not effective until the administrative order is filed with and approved by the court that entered the court order. The court may approve the administrative order if no party affected by the decision has filed a petition for judicial review pursuant to sections 536.100 to 536.140, RSMo. After the thirty-day time period for filing a petition of judicial review pursuant to chapter 536, RSMo, has passed, the court shall render its decision within fifteen days. If a petition for judicial review is filed, the court shall review all pleadings and the administrative record, as defined in section 536.130, RSMo, pursuant to section 536.140, RSMo. After such review, the court shall determine if the administrative order complies with [the provisions of] section 452.340 and applicable supreme court [rule 88.01] rules. If it so determines, the court shall make a written finding on the record that the order complies with [the provisions of] section 452.340 and applicable supreme court [rule 88.01] rules and approve the order[. If upon review the court finds that the administrative order should not be approved, the court shall set the matter for trial de novo. If no action is taken by the court within forty-five days of the filing of the administrative order with the court, and no petition for judicial review has been filed pursuant to sections 536.100 to 536.140, RSMo, the court shall be deemed to have made a written finding that the administrative order complies with the provisions of supreme court rule 88.01 and to have approved the administrative order.] or, if after review pursuant to section 536.140, RSMo, the court finds that the administrative order does not comply with supreme court rule 88.01, the court may select any of the remedies set forth in subsection 5 of section 536.140, RSMo. The court shall notify the parties and the division of any setting pursuant to this section.

     7. Notwithstanding the venue provisions of chapter 536, RSMo, to the contrary, for the filing of petitions for judicial review of final agency decisions and contested cases, the venue for the filing of a petition for judicial review contesting an administrative order entered [under] pursuant to this section modifying a judicial order shall be in the court which entered the judicial order. In such cases in which a petition for judicial review has been filed, the court shall consider the matters raised in the petition and determine if the administrative order complies with section 452.340 and applicable supreme court [rule 88.01] rules. If the court finds that the administrative order should not be approved, the court shall set the matter for trial de novo. The court shall notify the parties and the division of the setting of such proceeding. If the court determines that the matters raised in the petition are without merit and that the administrative order complies with the provisions of section 452.340 and applicable supreme court [rule 88.01] rules, the court shall approve the order.

     8. Any administrative order or decision of the division of child support enforcement filed in the office of the circuit clerk of the court shall not be required to be signed by an attorney, as provided by supreme court rule of civil procedure 55.03(a), or required to have any further pleading other than the administrative order.".

HOUSE AMENDMENT NO. 1 TO

HOUSE AMENDMENT NO. 5

     Amend House Amendment No. 5 to House Committee Substitute for Senate Substitute for Senate Bill No. 361, Page 5, Section 352.340, Line 19, by inserting immediately after the word "order" the following:

"; except that, if such payment of college expenses is less than the court ordered child support, the parent shall pay the difference between such college expenses and the court ordered payment as provided in the court order.".

HOUSE AMENDMENT NO. 2 TO

HOUSE AMENDMENT NO. 5

     Amend House Amendment No. 5 to House Committee Substitute for Senate Substitute for Senate Bill No. 361, Page 4, Line 13, by deleting the word "classes" and inserting in lieu thereof the word "credit".

HOUSE AMENDMENT NO. 3 TO

HOUSE AMENDMENT NO. 5

     Amend House Amendment No. 5 to House Committee Substitute for Senate Substitute for Senate Bill No. 361, Page 3, Section 352.340, Line 1, by adding immediately after the word "considered" the words "specific findings"; and

     Further amend said amendment, page 4, line 6 by striking the words "and satisfactorily".

HOUSE AMENDMENT NO. 4 TO

HOUSE AMENDMENT NO. 5

     Amend House Amendment No. 5 to House Committee Substitute for Senate Substitute for Senate Bill No. 361, Page 9, Section 452.370.1, Line 23, by deleting the brackets around the word "cohabits" and by deleting the word "resides"; and

     Further amend said bill at page 17, section 454.496.8, lines 5-10, by deleting all of said lines.

HOUSE AMENDMENT NO. 5 TO

HOUSE AMENDMENT NO. 5

     Amend House Amendment No. 5 to House Committee Substitute for Senate Substitute for Senate Bill No. 361, Page 7, Section 8, Line 14, by after the word "guidelines" add "." and delete the rest of the sentence.

HOUSE AMENDMENT NO. 6 TO

HOUSE AMENDMENT NO. 5

     Amend House Amendment No. 5 to House Committee Substitute for Senate Substitute for Senate Bill No. 361, Page 2, Section 452.340, Line 5, by deleting lines 5-7 and inserting the following "(6) The reasonable work-related child care expenses of each parent."; and

     Further amend the bill by deleting lines 18-23 and further delete lines 1 and 2 on page 3; and

     Further amend page 2, line 9, by removing the brackets and deleting the colon, and further amend line 10, page 2 by deleting the "(1)" and the word "For" and replacing it with the word "for"; and

     Further amend line 3 by deleting the word "his" and replacing it with the words "the child's".

PART 1 OF HOUSE AMENDMENT NO. 7 TO

HOUSE AMENDMENT NO. 5

     Amend House Amendment No. 5 to House Committee Substitute for Senate Substitute for Senate Bill No. 361, Page 7, Section 452.340.8, Line 5, by deleting "adjusted" and inserting "published".

HOUSE AMENDMENT NO. 8 TO

HOUSE AMENDMENT NO. 5

     Amend House Amendment No. 5 to House Committee Substitute for Senate Substitute for Senate Bill No. 361, Page 5, Section 352.340, Line 15, by deleting the words "in lieu" and and inserting in lieu thereof the words "as a credit reduction in the amount"; and

     Further amend said bill and section, page 5, line 21 by deleting the word "children" and inserting in lieu thereof the words "that the best interest of the child is"; and

     Further amend said bill and section, page 5, line 23 by deleting the words "to the contrary" and inserting in lieu thereof the words "that such contact is not in the best interest of the child"; and

     Further amend said bill, section 454.496.8, page 17 by deleting all of said subsection.

HOUSE AMENDMENT NO. 6

     Amend House Committee Substitute for Senate Substitute for Senate Bill No. 361, Page 4, Section 193.087, Line 30, by inserting after all of said line the following:

     "5. Any affiant who intentionally misidentifies another person as a parent may be prosecuted for perjury, pursuant to section 575.040.

     6. Due to lack of cooperation by public assistance recipients, the division shall either suspend the entire public assistance cash grant, or remove the needs of the adult recipient of public assistance from the cash grant, subject to good cause exceptions pursuant to federal law or regulations.".

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Senator Schneider assumed the Chair.

     Senator Jacob assumed the Chair.

PRIVILEGED MOTIONS

     Senator Mathewson moved that the conferees on HCS for SS for SCS for SB 165, as amended, be allowed to exceed the differences in section 99.845, subsection 5, to add income tax withholding as a TIF funding source and subsection 7, to add the requirement of a concurrent resolution for project approval and in section 2, to add details to the disapproval process for certified investment companies.

     Senator Goode offered a substitute motion that the conferees on HCS for SS for SCS for SB 165, as amended, be allowed to exceed the differences in section 99.845, subsection 7, to add the requirement of a concurrent resolution for project approval and in section 2 to add details to the disapproval process for certified investment companies.

     Senator Mathewson requested a roll call vote be taken on both motions and was joined in his request by Senators Howard, Mueller, Sims and Singleton.

     The substitute motion made by Senator Goode failed by the following vote:
Yeas--Senators
EhlmannFlotronGoodeHoward
JacobKenneyKinderKlarich
MuellerRussellSchneiderSims
Singleton--13
Nays--Senators
BentleyCaskeyChildersClay
CurlsDePascoGravesHouse
JohnsonLybyerMathewsonMaxwell
McKennaRohrbachScottStaples
WestfallWigginsYeckel--19
Absent--Senators
BanksQuick--2
Absent with leave--Senators--None

     The motion made by Senator Mathewson was adopted by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoFlotronGraves
HouseHowardJohnsonKinder
KlarichLybyerMathewsonMaxwell
McKennaQuickRohrbachRussell
SchneiderScottSimsStaples
WestfallWigginsYeckel--27
Nays--Senators
EhlmannGoodeJacobKenney
MuellerSingleton--6
Absent--Senators--Banks--1
Absent with leave--Senators--None

PRIVILEGED MOTIONS

     Senator Maxwell moved that the Senate recede from its position on SSA 1 for SA 1 to HJR 11, which motion prevailed.

     On motion of Senator Maxwell, HJR 11 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeHouseHowardJacob
JohnsonKenneyKlarichMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonWestfallWiggins
Yeckel--29
Nays--Senators
GravesKinder--2
Absent--Senators
BanksLybyerStaples--3
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.

CONFERENCE COMMITTEE REPORTS

     Senator Schneider, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SS for SB 248, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 248

     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. 248, with House Amendment Nos. 1, 2, 3, 4, 5, 6, House Amendment No. 1 to House Amendment No. 7, House Amendment No. 7, House Substitute Amendment No. 1 for House Amendment No. 8, House Amendment Nos. 9, 10 and 11; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Committee Substitute for Senate Substitute for Senate Bill No. 248, as amended;

     2. That the Senate recede from its position on Senate Substitute for Senate Bill No. 248;

     3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 248 be truly agreed to and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ John Schneider      /s/ Brian May

/s/ Harold Caskey      /s/ Jim O'Toole

/s/ Joe Maxwell      /s/ Karl DeMarce

/s/ Steve Ehlmann      /s/ Luann Ridgeway

/s/ David J. Klarich      /s/ Patrick Naeger

     Senator Schneider moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BentleyCaskeyChildersDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonWestfallWiggins
Yeckel--29
Nays--Senators--Curls--1
Absent--Senators
BanksClayKinderStaples--4
Absent with leave--Senators--None

     On motion of Senator Schneider, CCS for HCS for SS for SB 248, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 248

     An Act to repeal sections 115.575, 217.730, 302.225, 374.715, 429.470, 429.490, 476.010, 476.050, 476.055, 509.030, 511.500, 513.045, 543.335, 545.040, 545.050, 545.060, 545.070, 545.240, 545.270 and 559.615, RSMo 1994, sections 217.305, 476.083, 476.385, 477.600, 478.466, 488.015, 488.020, 512.050, 559.027, 559.029 and 577.051, RSMo Supp. 1996, sections 56.765, 57.290, 67.133, 429.090, 429.120, 452.345, 476.053, 479.260, 511.510 and 590.140, as versions of such sections appear in RSMo 1994 and in RSMo Supp. 1996, and section 595.045, RSMo Supp. 1996, contained in house committee substitute for senate bill no. 769, truly agreed to and finally passed by the second regular session of the eighty-eighth general assembly, relating to courts, and to enact in lieu thereof fifty new sections relating to the same subject, with an emergency clause and an expiration date for a certain section.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersDePasco
EhlmannGoodeGravesHouse
HowardJacobJohnsonKenney
KlarichLybyerMathewsonMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
WestfallWigginsYeckel--27
Nays--Senators--Curls--1
Absent--Senators
BanksClayFlotronKinder
MaxwellStaples--6
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BentleyCaskeyChildersEhlmann
FlotronGoodeGravesHouse
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
WigginsYeckel--26
Nays--Senators
HowardWestfall--2
Absent--Senators
BanksClayCurlsDePasco
MaxwellStaples--6
Absent with leave--Senators--None

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

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

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

MESSAGES FROM THE HOUSE

     The following message was received from the House of Representatives through its Chief Clerk:

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SS for HCS for HB 411, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon and the conferees be allowed to exceed the differences.

PRIVILEGED MOTIONS

     Senator Caskey moved that the Senate refuse to recede from its position on SS for HCS for HB 411, as amended, and grant the House a conference thereon and that the conferees be allowed to exceed the differences on SA 1, 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 HCS for HB 411, as amended: Senators Caskey, Curls, Maxwell, Ehlmann and Bentley.

REPORTS OF STANDING COMMITTEES

     Senator House, Chairman of the Committee on Education, submitted the following report:

     Mr. President: Your Committee on Education, to which was referred HS for HB 373, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

RESOLUTIONS

     Senator Kenney offered Senate Resolution No. 881, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Raymond Haller, Blue Springs, which was adopted.

     Senator Kenney offered Senate Resolution No. 882, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bill Roberts, Blue Springs, which was adopted.

     Senator Kenney offered Senate Resolution No. 883, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Jack Morton, Blue Springs, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 884, regarding Nicole Conant, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 885, regarding Natalie Conant, which was adopted.

     Senator Mathewson offered Senate Resolution No. 886, regarding Matthew Cover, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Johnson introduced to the Senate, one hundred fifteen fourth grade students from English Landing School, Kansas City; and Timila Echols, Daniel Fagan, Zachary Schelp and Whitney Pruettinc were made honorary pages.

     Senator Sims introduced to the Senate, eighty-five fourth grade students from Wyland School, St. Louis; and Brad Boner, Tommy Hunter, Samantha Martinez and Tyler Tiepelman were made honorary pages.

     Senator Sims introduced to the Senate, sixty-one students from Willow Brook Elementary School, Creve Coeur; and Clinton E. Kozemski, Terrell L. Reynolds, Dedrick A. Archer and Laurie M. Baker were made honorary pages.

     On motion of Senator Quick, the Senate adjourned until 9:30 a.m., Friday, May 16, 1997.