Journal of the Senate

SECOND REGULAR SESSION


FORTY-SIXTH DAY--WEDNESDAY, APRIL 1, 1998


The Senate met pursuant to adjournment.

Senator Johnson in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, in James, the Lord promises to give to us, wisdom. We pray for that wisdom today that the decisions we make will honor our God, ourselves and the people of our state. Help us to work together that Your will might be done in this body. In Jesus Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal of the previous day was read and approved.

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

Present--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--34
Absent with leave--Senators--None
The Lieutenant Governor was present.

THIRD READING OF SENATE BILLS

SB 524, with SCS, introduced by Senator Sims, entitled:

An Act to amend chapter 143, RSMo, by adding thereto one new section relating to income tax credits.

Was called from the Consent Calendar and taken up.

SCS for SB 524, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 524

An Act to amend chapter 143, RSMo, by adding thereto one new section relating to income tax credits.

Was taken up.

Senator Sims moved that SCS for SB 524 be adopted, which motion prevailed.

On motion of Senator Sims, SCS for SB 524 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Bentley Curls Jacob--3
Absent with leave--Senators--None

The President declared the bill passed.

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

Senator Sims 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 reports:

Mr. President: Your Committee on State Budget Control, to which were referred SCS for SBs 614, 696, 906, 530, 912 and 914; and SCS for SB 765, begs leave to report that it has considered the same and recommends that the bills do pass.

THIRD READING OF SENATE BILLS

SS for SB 620, introduced by Senator Goode, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 620

An Act to amend chapters 8 and 327, RSMo, by adding thereto twelve new sections relating to the procurement of services for state construction projects, with a termination date.

Was taken up.

On motion of Senator Goode, SS for SB 620 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
Curls DePasco Goode Graves
House Johnson Lybyer Mathewson
Maxwell McKenna Mueller Quick
Schneider Sims Staples Wiggins--20
NAYS--Senators
Bentley Ehlmann Flotron Howard
Kenney Kinder Klarich Rohrbach
Russell Singleton Westfall Yeckel--12
Absent--Senators
Jacob Scott--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

SCS for SBs 541 and 822, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 541 and 822

An Act to repeal sections 416.605, 643.305, 643.310, 643.315, 643.320, 643.335, 643.350 and 643.355, RSMo 1994, and sections 307.366 and 643.210, RSMo Supp. 1997, relating to motor vehicle emissions, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions.

Was taken up by Senator Goode.

Senator Jacob assumed the Chair.

Senator Mathewson assumed the Chair.

Senator Goode moved that SCS for SBs 541 and 822 be read the 3rd time and finally passed, which motion failed to receive a constitutional majority by the following vote:

YEAS--Senators
Banks Clay Curls Goode
Howard Jacob Johnson Kenney
Lybyer Mathewson McKenna Quick
Scott Singleton Wiggins--15
NAYS--Senators
Bentley Caskey Childers Ehlmann
Flotron Graves House Kinder
Klarich Mueller Rohrbach Russell
Sims Westfall Yeckel--15
Absent--Senators
DePasco Maxwell Schneider Staples--4
Absent with leave--Senators--None

SENATE BILLS FOR PERFECTION

Senator House moved that SB 781, with SCS, SS for SCS and SA 6 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 6 was again taken up.

At the request of Senator Caskey, SA 6 was withdrawn.

Senator Caskey offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 15, Section 162.1060, Line 1 of said page, by inserting immediately at the end of said line, the following: "The vote of each member of the board shall be weighted proportionately to the percentage of the total of transfer students who attend school in the member's district.".

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

Senator Caskey offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 16, Section 162.1060, Lines 12-18 of said page, by striking all of said lines and inserting in lieu thereof the following: "corporation shall also receive a payment of twenty-five million dollars."; and

Further amend said bill, Page 16, Section 162.1060, Line 24 of said page, by inserting immediately after said line the following:

"(3) Funds received by the corporation pursuant to this subsection may be used for any purpose and need not be expended in the year received.".

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

Senator Howard assumed the Chair.

Senator Russell offered SA 9, which was read:

SENATE AMENDMENT NO. 9

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 16, Section 162.1060, Line 24 of said page, by inserting immediately after the word "residence" the following: ", provided that such reimbursement shall not exceed one hundred twenty-five percent of the statewide average per pupil cost for transportation for the 1997-98 school year".

Senator Russell moved that the above amendment be adopted.

The President announced that photographers from KOMU-TV had been given permission to take pictures in the Senate Chamber today.

President Wilson assumed the Chair.

Senator Howard assumed the Chair.

Senator Caskey offered SSA 1 for SA 9:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 9

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 16, Section 162.1060, Line 24, by inserting immediately after the word "residence" the following: ", provided that such reimbursement shall not exceed one hundred fifty-five percent of the statewide average per pupil cost for transportation for the 1997-98 school year"; and

Further amend said bill, page 49, section 163.031, line 19, by inserting immediately after all of said line the following:

"163.161. 1. Any school district which makes provision for transporting pupils as provided in section 162.621, RSMo, and sections 167.231 and 167.241, RSMo, shall receive state aid for the ensuing year for such transportation on the basis of the cost of pupil transportation services provided the current year. A district shall receive, pursuant to section 163.031, an amount not greater than seventy-five percent of the allowable costs of providing pupil transportation services to and from school and to and from public accredited vocational courses, and shall not receive an amount per pupil greater than one hundred twenty-five percent of the state average approved cost per pupil transported the second preceding school year, except when the state board of education determines that sufficient circumstances exist to authorize amounts in excess of the one hundred twenty-five percent of the state average approved cost per pupil transported the second previous year.

2. The state board of education shall approve all bus routes or portions of routes and determine the total miles each district should have for effective and economical transportation of the pupils and shall determine allowable costs. Under circumstances where the state board approves only a portion of a route, the costs for the disapproved portion shall not be considered allowable costs. The local school board, in its discretion, may continue that portion of the route unless that portion of the route was discontinued by the state board of education for safety reasons. When the local school board decides to continue that portion of the route, costs incurred shall be paid from local money or by the parents of the students living on that portion of the route under consideration. State aid for any other portion of the route which shall otherwise be approved shall not be affected. No state aid shall be paid for the costs of transporting pupils living less than one mile from the school. However, if the state board of education determines that circumstances exist where no appreciable additional expenses are incurred in transporting pupils living less than one mile from school, such pupils may be transported without increasing or diminishing the district's entitlement to state aid for transportation.

3. State aid for transporting handicapped and severely handicapped students attending classes within the school district or in a nearby district under a contractual arrangement shall be paid in accordance with the provisions of section 163.031 and an amount equal to seventy-five percent of the additional cost of transporting handicapped and severely handicapped students above the average per pupil cost of transporting all students of the district shall be apportioned pursuant to section 163.031 where such special transportation is approved in advance by the department of elementary and secondary education. State aid for transportation of handicapped and severely handicapped children in a special school district shall be seventy-five percent of allowable costs as determined by the state board of education which may for sufficient reason authorize amounts in excess of one hundred twenty-five percent of the state average approved cost per pupil transported the second previous year. In no event shall state transportation aid exceed seventy-five percent of the total allowable cost of transporting all pupils eligible to be transported; provided that no district shall receive reduced reimbursement for costs of transportation of handicapped and severely handicapped children based upon inefficiency.

4. No state transportation aid received pursuant to section 163.031 shall be used to purchase any school bus manufactured prior to April 1, 1977, that does not meet the federal motor vehicle safety standards."; and

Further amend the title and enacting clause accordingly.

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

Senator Russell offered SA 10:

SENATE AMENDMENT NO. 10

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 1, Section A, Line 7 of said page, by inserting immediately after all of said line the following:

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

(1) "Approved program", a sponsorship and mentoring program established pursuant to this section and approved by the department of elementary and secondary education;

(2) "Eligible student", a resident pupil of a school district who is determined by the local school board to be eligible to participate in a sponsorship and mentoring program pursuant to this section and who participates in such program for no less than eight calendar months in the tax year for which a return is filed claiming a credit authorized in this section;

(3) "Net expenditures", only those amounts paid or incurred for the participation of an eligible student participating in an approved sponsorship and mentoring program less any amounts received by the qualified taxpayer from any source for the provision of a sponsorship and mentoring program for an eligible student;

(4) "Qualified taxpayer", an employer who makes expenditures pursuant to this section.

2. For taxable years commencing on or after January 1, 1998, a qualified taxpayer shall be allowed a credit against the tax imposed by chapter 143, RSMo, exclusive of the provisions relating to the withholding of tax as provided in sections 143.191 to 143.265, RSMo, to the extent of the lesser of two thousand dollars times the number of eligible students for which the qualified taxpayer is allowed a credit pursuant to this section or the net expenditures made directly or through a fund during a taxable year by the qualified taxpayer for the participation of an eligible student in an approved sponsorship and mentoring program established pursuant to this section. No credit shall be allowed for any amounts for which any other credit is claimed or allowed under any other provision of state law for the same net expenditures.

3. The tax credit allowed by this section shall be claimed by the qualified taxpayer at the time such taxpayer files a return and shall be applied against the income tax liability imposed by chapter 143, RSMo, after all other credits provided by law have been applied. Where the amount of the credit exceeds the tax liability, the difference between the credit and the tax liability shall not be refundable but may be carried forward to any of the taxpayer's four subsequent taxable years.

4. The department of elementary and secondary education shall establish, by rule, guidelines and criteria for approval of sponsorship and mentoring programs established by school districts and for determining the eligibility of students for participation in sponsorship and mentoring programs established pursuant to this section. Such determinations for eligibility of students shall be based upon a definition of an at-risk student as established by the department by rule.

5. A local school board may establish a sponsorship and mentoring program and apply to the department of elementary and secondary education for approval of such program. A tax credit may only be received pursuant to this section for expenditures for sponsorship and mentoring programs approved by the department. The school board of each district which has an approved program shall annually certify to the department of elementary and secondary education the number of eligible students participating in the program. The principal of any school in a district which has an approved program may recommend, to the local school board, those students who do not meet the definition of "at-risk" students established pursuant to this section, and the school board may submit the names of such students and the circumstances which justify the student's participation in an approved program to the department of elementary and secondary education for approval of such student's participation. If approved by the department, such students shall be considered eligible students for participation in an approved program.

6. The department of elementary and secondary education shall provide written notification to the department of revenue of each eligible student participating in an approved program pursuant to this section, the student's school district, the name of the qualified taxpayer approved to receive a tax credit on the basis of such eligible student's participation in an approved program pursuant to this section and the amount of such credit as determined in subsection 2 of this section."; and

Further amend the title and enacting clause accordingly.

Senator Russell moved that the above amendment be adopted.

Senator Caskey offered SA 1 to SA 10, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 10

Amend Senate Amendment No. 10 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 4, Section 135.348, Line 8, by inserting after "section." the following: "This section is subject to appropriations.".

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

SA 10, as amended, was again taken up.

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

Senator Sims offered SA 11:

SENATE AMENDMENT NO. 11

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 12, Section 162.601, Line 7 of said page, by inserting immediately after said line the following:

"8. No one may run for school board who is employed by the school district or who is related to an employee of the school district within the second degree of affinity or consanguinity.".

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

Senator Sims offered SA 12:

SENATE AMENDMENT NO. 12

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 21, Section 162.1100, Lines 16-18 of said page, by striking all of said lines and inserting in lieu thereof the following: "recognized administrative ability and management experience and shall have all other powers and"; and

Further amend said bill, Page 21, Section 162.1100, Line 19 of said page, by inserting after the word "schools" the following: ", including the appointment of staff"; and

Further amend said bill, Page 22, Section 162.1100, Lines 2-3 of said page, by striking the following: "a chief academic officer, a chief financial officer for the district and"; and further amend said section, lines 5-6 of said page, by striking the following: "of the board of trustees" and inserting in lieu thereof the following: "who serve on the board of the retirement system"; and

Further amend said bill, Page 22, Section 162.1100, Line 10 of said page, by striking the following: "Responsibility for appointing staff,".

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

Senator Howard offered SA 13:

SENATE AMENDMENT NO. 13

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 14, Section 162.626, Line 15 of said page, by inserting immediately after said line the following:

"162.935. 1. Each special district formed under provisions of sections 162.670 to 162.995 shall receive an amount for each eligible pupil equal to the sum of the amounts received by all districts comprising the special district for the current school year under provisions of section 163.031, RSMo, divided by the total number of eligible pupils in the schools of such districts. A student enrolled in classes or programs in both the special district and a component district or a pupil enrolled in a local district who needs itinerant or temporary services provided by the special district shall continue his enrollment in the local district for purposes of apportionment of state aid on average daily attendance. The special district may include the pupil in classes approved for special categorical aid. The district providing transportation may claim state transportation aid.

2. [The] Any special school district which if in a county of the first classification which has a population greater than nine hundred thousand is entitled to apportionment of state aid in the same manner as six-director school districts even though the tax rate levied by the special school district is less than that required by section 163.021, RSMo.

3. For the purposes of determining state aid pursuant to section 163.031, RSMo, the operating levy for school purposes of a school district within any special school district which is not in a county of the first classification which has a population greater than nine hundred thousand shall include the operating levy for school purposes of the special school district in which such school district is located, and the district's number of eligible pupils shall reflect the average daily attendance of all pupils resident in the district and educated by the district or by the special school district, or both. The department shall pay the funds so calculated to the school district and the special school district, respectively, in the same proportion as the school district's operating levy or special school district's operating levy, respectively, bears to the total of the operating levies of the school district and the special school district, except this distribution shall not decrease any district's allocation of formula money per eligible pupil below that which the district received for the 1992-93 school year. Such state aid shall constitute foundation formula state aid provided to such special school district pursuant section 163.031, RSMo."; and

Further amend the title and enacting clause accordingly.

Senator Howard moved that the above amendment be adopted.

Senator Klarich raised the point of order that SA 13 is out of order in that the amendment goes beyond the scope and purpose of the bill.

Senator Wiggins assumed the Chair.

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

President Pro Tem McKenna ruled the point of order not well taken.

SA 13 was again taken up.

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

Senator Flotron offered SA 14:

SENATE AMENDMENT NO. 14

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, page 5, Section 160.542, Line 11 of said page, by inserting immediately after said line the following:

"160.600. 1. A charter school is an independent, publicly supported school.

2. (1) Charter schools may be sponsored in a metropolitan school district or an urban school district containing most or all of a city with a population greater than three hundred fifty thousand inhabitants by the school board of the district or the state board of education, a four-year college or university located in Missouri with an approved teacher education program that meets regional or national standards of accreditation, a community college, or by the school board of the district in a district participating in an urban voluntary school transfer program on the effective date of this act, established pursuant to section 162.1060, RSMo.

(2) If an application is denied by a school board, the application may be submitted to the state board of education, along with the school board's written reasons for its denial, for review by the state board. If the state board finds that the proposed charter school would provide substantial educational benefit to the students of the district, the state board may grant a charter and act as the sponsor of the charter school.

3. No sponsor shall receive from an applicant for a charter school any fee of any type for the consideration of a charter, nor may a sponsor condition its consideration of a charter on the promise of future payment of any kind.

4. The charter school shall be a Missouri nonprofit corporation incorporated under chapter 355, RSMo. The charter provided for herein shall constitute a contract between the sponsor and the charter school.

5. A sponsor of a charter school, its agents and employees are not liable for any acts or omissions of a charter school that it sponsors, including acts or omissions relating to the charter submitted by the charter school, the operation of the charter school and the performance of the charter school.

160.603. 1. A person, group or organization seeking to establish a charter school shall submit the proposed charter, as provided in subsection 3 of this section, to a sponsor. The charter shall include a mission statement for the charter school, a description of the charter school's organizational structure and bylaws of the governing body, which will be responsible for the policy and operational decisions of the charter school, a financial plan for the first three years of operation of the charter school including provisions for annual audits, a description of the charter school's policy for securing personnel services, its personnel policies, and personnel qualifications, a description of the grades or ages of students being served, the school's calendar of operation, which shall include at least the equivalent of a full school term as defined in section 160.011, and an outline of criteria specified in this section designed to measure the effectiveness of the school. The charter shall also state:

(1) The educational goals and objectives to be achieved by the charter school;

(2) A description of the charter school's educational program and curriculum;

(3) The term of the charter, which shall be not less than five years, nor greater than ten years and shall be renewable;

(4) A description of the charter school's pupil performance standards, which must meet the requirements of subdivision (6) of subsection 5 of this section. The charter school program must be designed to enable each pupil to achieve such standards; and

(5) A description of the governance and operation of the charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the charter school.

2. Proposed charters shall be subject to the following requirements:

(1) A charter may be approved when the sponsor determines that the requirements of this section are met and determines that the applicant is sufficiently qualified to operate a charter school. The sponsor's decision shall be made within sixty days of the filing of the proposed charter; and

(2) If the charter is denied, the proposed sponsor shall notify the applicant in writing as to the reasons for its denial.

3. If a charter is approved by a sponsor, it shall be submitted to the state board of education which may, within forty-five days, disapprove the granting of the charter. The state board of education may disapprove a charter only on grounds that the application fails to meet the requirements of sections 160.600 to 160.611.

4. Any disapproval of a charter pursuant to subsection 3 of this section shall be subject to judicial review pursuant to chapter 536, RSMo.

5. A charter school shall, as provided in its charter:

(1) Be nonsectarian in its programs, admission policies, employment practices, and all other operations;

(2) Comply with laws and regulations of the state relating to health, safety, and minimum educational standards;

(3) Except as provided in sections 160.600 to 160.611, be exempt from all laws and rules relating to schools, governing boards and school districts;

(4) Be financially accountable, provide for an annual audit by a certified public accountant, and provide liability insurance to indemnify the school, its board, staff and teachers against tort claims. For the purposes of securing such insurance, a charter school shall be eligible for the Missouri public entity risk management fund pursuant to section 537.700, RSMo;

(5) Provide a comprehensive program of instruction for at least one grade or age group up to grade twelve including kindergarten and early childhood education, as specified in its charter;

(6) Design a method to measure pupil progress toward the pupil academic standards adopted by the state board of education pursuant to section 160.514, collect baseline data during at least the first three years for determining how the charter school is performing and to the extent applicable, participate in the essential skills tests and the nationally standardized norm-referenced achievement tests, as designated by the state board pursuant to section 160.518, complete and distribute an annual report card as prescribed in section 160.522 and report to its sponsor, the local school district, and the state board of education as to its teaching methods and any educational innovations and the results thereof;

(7) Ensure that the needs of special education children are met in compliance with all applicable federal and state laws and regulations.

6. The charter of a charter school may be amended at the request of the governing body of the charter school and on the approval of the sponsor. The sponsor and the governing board and staff of the charter school shall jointly review the school's performance, management, and operations at least once every two years.

7. (1) A sponsor may revoke a charter at any time if the charter school commits a serious breach of one or more provisions of its charter or on any of the following grounds: failure to meet academic performance standards as set forth in its charter, failure to meet generally accepted standards of fiscal management, or violation of law.

(2) The sponsor may place the charter school on probationary status to allow the implementation of a remedial plan, after which, if such plan is unsuccessful, the charter may be revoked.

(3) At least sixty days before acting to revoke a charter, the sponsor shall notify the board of directors of the charter school of the proposed action in writing. The notice shall state the grounds for the proposed action. The school's board of directors may request in writing a hearing before the sponsor within two weeks of receiving the notice.

(4) The sponsor of a charter school shall establish procedures to conduct administrative hearings upon determination by the sponsor that grounds exist to revoke a charter. Final decisions of a sponsor from hearings conducted pursuant to this subsection are subject to judicial review pursuant to chapter 536, RSMo.

(5) A termination shall be effective only at the conclusion of the school year, unless the sponsor determines that continued operation of the school presents a clear and immediate threat to health and safety of the children.

8. A school district may enter into a lease with a charter school for physical facilities. A charter school may not be located on the property of a school district unless the district governing board agrees.

9. A governing board or a school district employee who has control over personnel actions shall not take unlawful reprisal against another employee at the school district because the employee is directly or indirectly involved in an application to establish a charter school. A governing board or a school district employee shall not take unlawful reprisal against an educational program of the school or the school district because an application to establish a charter school proposes the conversion of all or a portion of the educational program to a charter school. As used in this subsection, "unlawful reprisal" means an action that is taken by a governing board or a school district employee as a direct result of a lawful application to establish a charter school and that is adverse to another employee or an educational program and:

(1) With respect to a school district employee, results in one or more of the following:

(a) Disciplinary or corrective action;

(b) Transfer or reassignment;

(c) Suspension, demotion or dismissal;

(d) An unfavorable performance evaluation;

(e) A reduction in pay, benefits or awards;

(f) Elimination of the employee's position without a reduction in force by reason of lack of money or work;

(g) Other significant changes in duties or responsibilities that are inconsistent with the employee's salary or employment classification;

(2) With respect to an educational program, results in one or more of the following:

(a) Suspension or termination of the program;

(b) Transfer or reassignment of the program to a less favorable department;

(c) Relocation of the program to a less favorable site within the school or school district;

(d) Significant reduction or termination of funding for the program.

160.606. 1. A charter school shall enroll all pupils resident in this state who submit a timely application, unless the number of applications exceeds the capacity of a program, class, grade level or building. If capacity is insufficient to enroll all pupils who submit a timely application, the charter school shall have an admissions process that assures all applicants of an equal chance of gaining admission except that:

(1) A charter school may establish a geographical area around the school whose residents will receive a preference for enrolling in the school, provided that such preferences do not result in the establishment of racially or socio-economically isolated schools and provided such preferences conform to policies and guidelines established by the state board of education; and

(2) A charter school may also give a preference for admission of children whose siblings attend the school or whose parents are employed at the school.

2. A charter school shall not limit admission or otherwise discriminate on the basis of race, ethnicity, national origin, disability, gender, income level, proficiency in the English language or athletic ability, but may limit admission to pupils within a given age group or grade level.

3. A student in a charter school may opt to participate in athletic or other extracurricular activities of the school the student would otherwise attend in the student's district of residence unless the charter school offers the same activity. The charter school shall pay the reasonable costs of participating in the activity to the student's district.

160.609. 1. For the purposes of calculation and distribution of state school aid under section 163.031, RSMo, and except in a charter school located in a district which is participating in a voluntary transfer program where such rate per pupil shall be subject to negotiation between the district and the charter school, pupils enrolled in a charter school shall be included in the pupil enrollment of the school district within which each pupil resides, except that payment of state aid for such pupil shall be made by the department of elementary and secondary education to the charter school attended as provided in subsection 2 of this section and shall not be made to the pupil's district of residence. Each charter school shall report the names, addresses, and eligibility for free or reduced price lunch or other categorical aid, of pupils resident in a school district who are enrolled in the charter school to the school district in which those pupils reside and to the state department of elementary and secondary education. Each charter school shall promptly notify the state department of elementary and secondary education and the pupil's school district when a student discontinues enrollment at a charter school.

2. For each pupil attending a charter school, the department of elementary and secondary education shall pay to the charter school an annual amount equal to the per pupil state aid pursuant to section 163.031, RSMo, which would otherwise be received by the pupil's district of residence plus all other state aid attributable to such pupil, including summer school, if applicable, and the pupil's school district of residence shall pay to the charter school the product of the equalized, adjusted operating levy for school purposes for the pupil's district of residence for the current year times the guaranteed tax base per eligible pupil, as defined in section 163.011, RSMo, less the amount paid by the department to the charter school pursuant to this subsection. The district of residence of a pupil attending a charter school shall also pay to the charter school any other federal or state aid that the district receives on account of such child. The amounts provided pursuant to this subsection shall be prorated for partial year enrollment for a pupil.

3. If a school district fails to make timely payments of any amount for which it is the disbursal agent, the state department of elementary and secondary education shall authorize payment to the charter school of the amount due pursuant to subsection 2 and shall deduct the same amount from the next state school aid apportionment to the owing school district.

4. The charter school and a local school board may agree by contract for services to be provided by the school district to the charter school. The charter school may contract with any other entity for services. Such services may include but are not limited to food service, custodial service, maintenance, management assistance, curriculum assistance, media services, extracurricular activities, and libraries and shall be subject to negotiation between the charter school and the local school board or other entity. Documented direct and indirect costs of such services shall be paid for by the charter school.

5. A charter school may enter into contracts with community partnerships and state agencies acting in collaboration with such partnerships that provide services to children and their families linked to the school.

6. A charter school shall be eligible for transportation state aid pursuant to section 163.161, RSMo, and shall be free to contract with the local district, or any other entity, for the provision of transportation to the students of the charter school.

7. (1) The proportionate share of state and federal resources generated by students with disabilities or staff serving them shall be paid in full to charter schools enrolling those students by their school district where such enrollment is through a contract for services described in this section. The proportionate share of money generated under other federal or state categorical aid programs shall be directed to charter schools serving such students eligible for that aid.

(2) A charter school shall provide the special services provided pursuant to section 162.705, RSMo, and may provide such services pursuant to a contract with a school district or other provider of such services.

(3) Notwithstanding any provision to the contrary in section 162.857, RSMo, each school district located within a special school district may enroll a student with a disability residing in the school district in a charter school. Such enrollment shall be by contract pursuant to section 162.705, RSMo, and shall only occur by joint agreement of the parent, charter school and school district of the child's residence. Agreement from the special school district is not required. Such enrollment shall only occur if the school district has filed, and obtained approval of, a compliance plan specifically addressing students with disabilities placed with the school district in a charter school, with the department of elementary and secondary education. Waiver of compliance requirements may be requested from the department of elementary and secondary education. The department of elementary and secondary education may seek waiver approval from the United States Department of Education.

8. A charter school may not charge tuition, nor may it impose fees that a school district is prohibited from imposing.

9. A charter school is authorized to incur debt in anticipation of receipt of funds. A charter school may also borrow to finance facilities and other capital items and such debt shall not be an obligation of the school district. A school district may incur bonded indebtedness or take other measures to provide for physical facilities and other capital items for charter schools that it sponsors or contracts with.

10. Charter schools shall not have the power to acquire property by eminent domain.

11. The governing body of a charter school is authorized to accept grants, gifts, or donations of any kind and to expend or use such grants, gifts, or donations in accordance with the conditions prescribed by the donor. A grant, gift, or donation may not be accepted by the governing body if it is subject to any condition contrary to law applicable to the school or contrary to the terms of the charter.

160.611. 1. If a charter school offers to retain the services of an employee of a school district, and the employee accepts a position at the charter school, the contract between the charter school and the school district may provide that an employee at the employee's option may remain an employee of the district and the charter school shall pay to the district the district's full costs of salary and benefits provided to the employee. A teacher who accepts a position at a charter school and opts to remain an employee of the district retains such teacher's permanent teacher status and seniority rights in the district.

2. A charter school may employ noncertificated instructional personnel; provided that no more than twenty percent of the full-time equivalent instructional staff positions at the school are filled by noncertificated personnel. All noncertified instructional personnel shall be supervised by certified instructional personnel. The charter school shall ensure that all instructional employees of the charter school have experience, training and skills appropriate to the instructional duties of the employee, and the charter school shall ensure that a criminal background check and child abuse registry check are conducted for each employee of the charter school prior to the hiring of the employee. Appropriate experience, training and skills of noncertificated instructional personnel shall be determined considering:

(1) Teaching certificates issued by another state or states;

(2) Certification by the National Standards Board;

(3) College degrees in the appropriate field;

(4) Evidence of technical training and competence when such is appropriate; and

(5) Level of supervision and coordination with certificated instructional staff.

3. Full-time personnel employed by the charter school may, at the charter school's option, participate in the retirement system of the school district in which the charter school is located, subject to the same terms, conditions, requirements and other provisions applicable to personnel employed by the school district."; and

Further amend the title and enacting clause accordingly.

Senator Flotron moved that the above amendment be adopted.

Senator Caskey offered SA 1 to SA 14, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 14

Amend Senate Amendment No. 14 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 1, Section 160.600, Line 6, by inserting after "district" as the word appears a second time, the following: "under a desegregation order".

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

SA 14, as amended, was again taken up.

Senator Clay offered SA 2 to SA 14, which was read:

SENATE AMENDMENT NO. 2 TO

SENATE AMENDMENT NO. 14

Amend Senate Amendment No. 14 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 1, Line 12 of said amendment, by inserting after the word "in" the following: "any county of the first classification with a charter form of government or in".

Senator Clay moved that the above amendment be adopted.

Senator Jacob assumed the Chair.

At the request of Senator Clay, SA 2 to SA 14 was withdrawn.

SA 14, as amended, was again taken up.

Senator Flotron moved that the above amendment be adopted.

Senator Klarich requested a roll call vote be taken on the adoption of SA 14, as amended, and was joined in his request by Senators Ehlmann, Flotron, Kenney and Kinder.

SA 14, as amended, was adopted by the following vote:

YEAS--Senators
Bentley Childers Clay Curls
DePasco Ehlmann Flotron Graves
House Kenney Kinder Klarich
McKenna Mueller Rohrbach Russell
Schneider Scott Sims Singleton
Wiggins Yeckel--22
NAYS--Senators
Banks Caskey Goode Howard
Jacob Johnson Lybyer Mathewson
Maxwell Quick Westfall--11
Absent--Senator Staples--1
Absent with leave--Senators--None

Senator Westfall offered SA 15, which was read:

SENATE AMENDMENT NO. 15

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 13, Section 162.626, Lines 24-25 of said page, by striking the following: "in the metropolitan school district"; and

Further amend said bill, Page 14, Section 162.626, Lines 1-4 of said page, by striking all of said lines and inserting in lieu thereof the following: "groupings. The program shall be implemented in each school district subject to a federal school desegregation court order on the effective date of this section, and the state board of education shall select four other districts which apply to participate in the program and such districts shall be selected to represent, as much as practical, districts of varying size and geographic location. The program".

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

President Pro Tem McKenna assumed the Chair.

Senator Westfall offered SA 16:

SENATE AMENDMENT NO. 16

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 40, Section 163.031, Lines 1-2 of said page, by striking the words "two dollars and seventy-five cents per one hundred dollars assessed valuation"; and further amend said page and section, line 2 of said page, by striking the opening bracket "[" on said line; and further amend said page and section, line 3 of said page, by striking the closing bracket "]" on said line; and further amend said page and section, lines 4-18 of said page, by striking all of said lines and inserting in lieu thereof the following: "proration factor or the free and reduced lunch eligible pupil count for the district, as defined in section 163.011, times the guaranteed tax base per eligible pupil times twenty-three and three-fourths percent times the following quantity: (one or, beginning in the fifth year following the effective date of this section, the quotient of the district's fiscal instructional ratio of efficiency for the prior year divided by the fiscal year 1998 statewide average fiscal instructional ratio of efficiency, if the district's prior year fiscal instructional ratio of efficiency is at least five percent below the fiscal year 1998 statewide average) times (one or, beginning in the fifth year following the effective date of this section, the quotient of the percentage of the district's students scoring at or above the proficiency level on the statewide assessment system established pursuant to section 160.518, RSMo, for the prior year divided by the percentage of students statewide scoring at or above the proficiency level for such assessment in the fifth fiscal year the district receives such funds, if the percentage of the district' students scoring at or above the proficiency level on the statewide assessment system established pursuant to section 160.518, RSMo, for the prior year is at least five percent below the percentage of students statewide scoring at or above the proficiency level for such assessment in the fifth fiscal year the district receives such funds) times the proration factor, minus court-ordered state desegregation aid received by the district for operating purposes; the career ladder"; and

Further amend said bill, Page 47, Section 163.031, Line 22 of said page, by striking the opening bracket "[" on said line; and further amend said line by striking the closing bracket "]" on said line; and further amend said line by striking the numeral "14(a)." and inserting in lieu thereof the following: "The greater of:"; and

Further amend said bill, Page 48, Section 163.031, Line 1 of said page, by striking the following: "$2.75 per $100 AV"; and further amend said line by striking the opening bracket "[" on said line; and further amend said page and section, lines 4-14 of said page, by striking all of said lines and inserting in lieu thereof the following: "in section 163.011 x proration or the free and reduced lunch eligible pupil count for the district, as defined in section 163.011, x GTB x .2375 x (1.0 or, beginning in the fifth year following the effective date of this section, the district's FIRE for the prior year/statewide average FIRE for 1998, if the district's prior year FIRE is at least five percent below the FY 1998 statewide average) x (1.0 or, beginning in the fifth year following the effective date of this section, the district's percentage of students scoring at or above the proficiency level on the statewide assessment system established pursuant to section 160.518, RSMo, for the prior year/the statewide percentage of students scoring at or above the proficiency level for such assessment in the fifth fiscal year the district receives such funds, if the district's percentage of students scoring at or above the proficiency level on the statewide assessment system established pursuant to section 160.518, RSMo, for the prior year is at least five percent below the percentage of students statewide scoring at or above the proficiency level for such assessment in the fifth fiscal year the district receives such funds) x proration, minus court-ordered state desegregation aid received by the district for operating purposes ................. $. . .".

Senator Westfall moved that the above amendment be adopted.

Senator Caskey requested a roll call vote be taken on the adoption of SA 16 and was joined in his request by Senators Childers, Howard, Maxwell and Quick.

SA 16 failed of adoption by the following vote:

YEAS--Senators
Bentley Childers Ehlmann Graves
Mueller Rohrbach Russell Singleton
Westfall--9
NAYS--Senators
Banks Caskey Clay Curls
DePasco Flotron Goode House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Quick Schneider
Scott Sims Staples Wiggins
Yeckel--25
Absent--Senators--None
Absent with leave--Senators--None

Senator Banks offered SA 17:

SENATE AMENDMENT NO. 17

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 9, Section 162.571, Line 6, by deleting the words "Except as otherwise provided in section 162.621,"; and

Further amend said bill, Page 9, Section 162.571, line 8, by deleting the brackets around the words "of twelve members"; and

Further amend said bill, Page 9, Section 162.571, line 12, by deleting the words ", except as otherwise provided in section 162.621,"; and

Further amend said bill, Page 9, Section 162.581, line 20-21, by deleting the words "to represent subdistricts as provided in section 162.601,"; and

Further amend said bill, Page 10, Section 162.581, line 9, by immediately inserting after the "." the following:

"2. Beginning with the first municipal election in an off-numbered year next following the effective date of this bill, three members of the board of education for the City of St. Louis shall be the three members of the transitional school district of the City of St. Louis as created in this act. Said three members shall be selected as provided for in section 162.1100. Said three members shall have the same powers and functions as the other nine members of the board of education in the City of St. Louis."; and

Further amend said bill, Page 10, Section 162.581, line 10, by deleting the word "2." and inserting in lieu thereof the word "3."; and

Further amend said bill, Page 10, Section 162.581, line 21, by deleting the word "3." and inserting in lieu thereof the word "4."; and

Further amend said bill, Page 10, Section 162.601, line 24, by deleting all of said section, and inserting in lieu thereof the following:

"162.601. 1. Elected members of the board in office on the effective date of this section shall hold office for the length of term for which they were elected.

2. One board member shall be elected at the first municipal election in an odd-numbered year next following the effective date of this section serve a term of six years.

3. Four board members shall be elected at the second municipal election in an odd-numbered year next following the effective date of this section, and two of such members shall be elected to five year terms and two shall be elected to four year terms.

4. Four board members shall be elected at the third municipal election in an odd-numbered year next following the effective date of this section, and three of such members shall be elected to four year terms and one shall be elected to a three year term.

5. Beginning with the fourth municipal election in an odd-numbered year next following the effective date of this section, and at each succeeding municipal election in a year during which board member terms expire, there shall be elected [at each municipal election in odd-numbered years four] three members of the board of education, who shall assume the duties of their office at the first regular meeting of the board of education after their election, and who shall hold office for [six] four years, and until their successors are elected and qualified."; and

Further amend said bill, Page 13, Section 162.621, lines 14-23, by deleting all of said lines; and

Further amend said bill, Page 20, Section 162.1100, line 12, by deleting all of said section, and inserting in lieu thereof the following:

"162.1100. 1. There is hereby established within each city not within a county a school district to be known as the "Transitional School District of (name of city)," which shall be a body corporate and politic and a subdivision of the state. The transitional school district shall be coterminous with the boundaries of the city in which the district is located.

2. The governing board of the transitional school district shall be a special administrative board, selected pursuant to section 162.081, except that each member of the special administrative board of a transitional school district shall be appointed by the governor with the advice and consent of the senate from a list of nominees provided by the state board of education. The special administrative board shall consist of two persons who are residents of the school district, who shall service without compensation, and one person who shall serve as a compensated administrator paid in whole or in part with funds from the district. The administrator shall be a person of recognized administrative ability and management experience.

3. A final judgment as to the state of Missouri and its officials in a school desegregation case which subjects a district in which a transitional district is located in this state to a federal court's jurisdiction may authorize the governing body of a transitional school district established under this section to establish the transitional district's operating levy for school purposes, as defined pursuant to section 163.011, RSMo, at a level not to exceed eighty-five cents per one hundred dollars assessed valuation in the district. However, such levy may not occur unless said levy is authorized by a simple majority vote of the citizens of said district. The transitional school district shall not be subject to the provisions of sections 162.081, 163.021 and 163.023, RSMo, with respect to any requirements to maintain a minimum value of operating levy or any consequences provided by law for failure to levy at least such minimum rate.

4. The special administrative board established in this section shall work with the district board of education to help develop, implement, monitor and evaluate a comprehensive school improvement plan, and such plan shall be subject to review and approval of the board of education. The plan shall ensure that all students meet or exceed grade level standards.

5. The special administrative board shall make recommendations to the board of education to ensure that early children education is available throughout the district.

6. The special administrative board shall make recommendations to the board of education to ensure that vocational education instruction is provided within the district.

7. Said recommendations of the special administrative board must be enacted by the board of education within six months of being reported by the special administrative board.

8. The transitional school district in any city not within a county shall be dissolved on July 1, 2008 unless the state board determines, prior to that date, that it is necessary for the transitional district to continue to accomplish the purposes for which it was created. The state board of education may cause the termination of the transitional school district at any time upon a determination that the transitional district has accomplished the purposes for which it was established and is no longer needed. The state board of education may cause the reestablishment of the transitional school district at any time upon a determination that it is necessary for the transitional district to be reestablished to accomplish the purposes established in this section. The state board of education shall provide notice to the governor and general assembly of the termination or reestablishment of the transitional district and the termination or reestablishment shall become effective thirty days following such determination. Upon dissolution of a transitional school district pursuant to this section, nothing in this section shall be construed to reduce or eliminate any power or duty of any school district or districts containing the territory of the dissolved transitional school district unless such transitional school district is reestablished by the state board of education pursuant to this section.".

Senator Banks moved that the above amendment be adopted.

Senator Caskey raised the point of order that SA 17 is out of order in that it attempts to amend previously amended material.

At the request of Senator Banks, SA 17 was withdrawn, rendering the point of order moot.

Senator Banks offered SA 18, which was read:

SENATE AMENDMENT NO. 18

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 26, Section 162.1100, Line 17, by inserting after said line, one new section as follows:

"1. The transitional school district in any city not within a county as established in section 162.1100 shall not take effect unless the school district in a city, not within a county is declared academically deficient as set forth pursuant to section 160.538, other sections of this act to the contrary notwithstanding.".

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

Senator Banks offered SA 19:

SENATE AMENDMENT NO. 19

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 55, Section 168.221, Line 18 of said page, by inserting immediately after said line the following:

"353.200. Notwithstanding any other provisions of law to the contrary, no tax abatement or exemption shall become effective pursuant to the provisions of this chapter in a city not within a county unless and until:

(1) The governing body of the city makes a determination as to the amount of total revenue for the city, including, but not limited to, tax revenue from all sources, which will be generated by the project of the urban redevelopment corporation of which the real property at issue is a part; and

(2) The city pays to the board of education of the city an amount equal to fifty percent of such total revenue amount which shall be placed, at the district's discretion, in any of the funds established pursuant to section 165.011, RSMo, provided that any such revenues placed for operating purposes shall be deducted as payments in lieu of taxes received for operating purposes pursuant to line 3 of the state school aid formula established in subsection 6 of section 163.031, RSMo."; and

Further amend the title and enacting clause accordingly.

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

Senator Ehlmann offered SA 20:

SENATE AMENDMENT NO. 20

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 23, Section 162.1100, Line 9, by adding the following: "transitional school district any other statute to the contrary notwithstanding, shall not be subject to any certificate of tax abatement issued pursuant to sections 99.700 to 99.715. The".

Senator Ehlmann moved that the above amendment be adopted.

Senator Caskey offered SA 1 to SA 20, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 20

Amend Senate Amendment No. 20 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 1, Line 7, by inserting after "99.715." the following: "Any certificate of abatement issued after the effective date of this act shall not be applicable to the transitional school district.".

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

SA 20, as amended, was again taken up.

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

Senator Westfall offered SA 21:

SENATE AMENDMENT NO. 21

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 50, Section 165.122, Line 14 of said page, by inserting immediately after all of said line the following:

"167.122. 1. Notwithstanding any provision of chapter 211, RSMo, or chapter 610, RSMo, to the contrary, the juvenile officer or an employee of the division of family services shall notify the superintendent of the school district in which the child is enrolled, or the superintendent's designee, upon request by the superintendent or designee regarding such child, when a case is active regarding the child.

2. The notification shall be made orally or in writing, in a timely manner, no later than five days following the request by the superintendent or designee. If the report is made orally, written notice shall follow in a timely manner. The notification shall include a complete description of the case involving the pupil, the conduct the child is alleged to have committed, if any, and the dates the conduct occurred but shall not include the name of any victim other than the child.

3. The superintendent or the designee of the superintendent shall report such information to teachers and other school district employees with a need to know while acting within the scope of their assigned duties. Any information received by school district officials pursuant to this section shall be received in confidence and used for the limited purposes of assuring that good order and discipline is maintained in the school, or for intervention and counseling purposes for the benefit of the child. The information shall not be part of the child's permanent record. The information shall not be used as the sole basis for not providing educational services to a pupil."; and

Further amend the title and enacting clause accordingly.

Senator Westfall moved that the above amendment be adopted.

Senator Caskey raised the point of order that SA 21 is out of order in that the amendment goes beyond the scope and purpose of the bill.

Senator Wiggins assumed the Chair.

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

Senator Clay offered SA 22, which was read:

SENATE AMENDMENT NO. 22

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 11, Section 162.601, Line 23, by striking "The subdistricts shall be"; and Further amend lines 24 and 25 of said page, by striking all of said lines; and

Further amend said bill, section 162.601, page 12, lines 1 through 4, by striking all of said lines and inserting in lieu thereof the following:

"Sub-district 1 shall be comprised of wards 1, 2, 22 and 27.

Sub-district 2 shall be comprised of wards 3, 4, 5 and 21.

Sub-district 3 shall be comprised of wards 18, 19, 20, and 26.

Sub-district 4 shall be comprised of wards 6, 7, 17, and 28.

Sub-district 5 shall be comprised of wards 9, 10, 11, and 12.

Sub-district 6 shall be comprised of wards 13, 14, 16, and 25.

Sub-district 7 shall be comprised of wards 8, 15, 23, and 24.

For the purposes of this section, the wards used to determine subdistricts shall be those wards in existence on the effective date of this section as it relates to specific geographic regions.".

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

Senator Childers offered SA 23:

SENATE AMENDMENT NO. 23

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 36, Section 163.011, Line 10, by inserting after said line the following:

"163.021. 1. A school district shall receive state aid for its education program only if it:

(1) Provides for a minimum of one hundred seventy-four days [and] or one thousand forty-four hours of actual pupil attendance in a term scheduled by the board pursuant to section 160.041, RSMo, for each pupil or group of pupils, except that the board shall provide a minimum of one hundred seventy-four days [and] or five hundred twenty-two hours of actual pupil attendance in a term for kindergarten pupils. If any school is dismissed because of inclement weather after school has been in session for three hours, that day shall count as a school day including afternoon session kindergarten students. When the aggregate hours lost in a term due to inclement weather decreases the total hours of the school term below the required minimum number of hours by more than twelve hours for all day students or six hours for one-half day kindergarten students, all such hours below the minimum must be made up in one-half day or full day additions to the term, except as provided in section 171.033, RSMo;

(2) Maintains adequate and accurate records of attendance, personnel and finances, as required by the state board of education, which shall include the preparation of a financial statement which shall be submitted to the state board of education the same as required by the provisions of section 165.111, RSMo, for districts;

(3) Levies an operating levy for school purposes of not less than one dollar and twenty-five cents after all adjustments and reductions on each one hundred dollars assessed valuation of the district;

(4) Computes average daily attendance as defined in subdivision (2) of section 163.011 as modified by section 171.031, RSMo. Whenever there has existed within the district an infectious disease, contagion, epidemic, plague or similar condition whereby the school attendance is substantially reduced for an extended period in any school year, the apportionment of school funds and all other distribution of school moneys shall be made on the basis of the school year next preceding the year in which such condition existed.

2. [No school district shall receive more state aid, as calculated in section 163.031, for its education program than it received per eligible pupil for the school year 1990-91, unless it levies an operating levy for school purposes of not less than two dollars after all adjustments and reductions beginning with the tax year which commences January 1, 1993. For the 1994-95] Beginning with the tax year which commences January 1, 1998, and for the 1998-99 school year and subsequent tax and school years, no school district shall receive more state aid, as calculated under section 163.031 for its education program, exclusive of categorical add-ons, than it received per eligible pupil for the school year 1993-94, unless it has an operating levy for [current] school purposes, as determined pursuant to section 163.011, of not less than two dollars and seventy-five cents after all adjustments and reductions [beginning with the tax year which commences January 1, 1994], with no more than six cents of this tax rate levied in the debt service and capital projects funds and eligible for entry on line 1 of the state school aid formula contained in subsection 6 of section 163.031; except that, beginning in the 1997-98 school year, any district which is required, pursuant to article X, section 22 of the Missouri Constitution, to reduce its operating levy below the minimum tax rate otherwise required under this subsection shall not be construed to be in violation of this subsection for making such tax rate reduction. Pursuant to section 10(c) of article X of the state constitution, a school district may levy the operating levy for school purposes required by this subsection less all adjustments required pursuant to article X, section 22 of the Missouri Constitution if such rate does not exceed the highest tax rate in effect subsequent to the 1980 tax year. Nothing in this section shall be construed to mean that a school district is guaranteed to receive an amount not less than the amount the school district received per eligible pupil for the school year 1990-91. The provisions of this subsection shall not apply to any school district located in a county of the second classification which has a nuclear power plant located in such district or to any school district located in a county of the third classification which has an electric power generation unit with a rated generating capacity of more than one hundred fifty megawatts which is owned or operated or both by a rural electric cooperative except that such school districts may levy for current school purposes and capital projects an operating levy not to exceed two dollars and seventy-five cents less all adjustments required pursuant to article X, section 22 of the Missouri Constitution.

3. No school district shall receive more state aid, as calculated in section 163.031, for its education program, exclusive of categorical add-ons, than it received per eligible pupil for the school year 1993-1994, if the state board of education determines that the district was not in compliance in the preceding school year with the requirements of section 163.172, until such time as the board determines that the district is again in compliance with the requirements of section 163.172.

4. The department of elementary and secondary education shall evaluate the correlation between district tax rates and district assessed valuation per pupil following each biennial property tax reassessment and shall report its findings to the governor and the general assembly by December first of the year following each reassessment. The findings shall include a calculation of the minimum required property tax rate necessary to maintain a correlation of zero or less between district property tax rate and district assessed valuation per pupil and a report of assessed valuation per pupil and district property tax rate for all districts.

5. No school district shall receive state aid, pursuant to section 163.031, if such district was not in compliance, during the preceding school year, with the requirement, established pursuant to section 160.530, RSMo, to allocate revenue to the professional development committee of the district.

6. No school district shall receive more state aid, as calculated in section 163.031, for its education program, exclusive of categorical add-ons, than it received per eligible pupil for the school year 1993-1994, if the district did not comply in the preceding school year with the requirements of subsection 7 of section 163.031.

7. No school district shall receive state aid, pursuant to section 163.031, if the district failed to make a required payment in the preceding year to the school building revolving fund pursuant to section 166.300, RSMo. "; and

Further amend the title and enacting clause accordingly.

Senator Childers moved that the above amendment be adopted.

Senator Clay raised the point of order that SA 23 is out of order in that it goes beyond the scope and intent of the bill.

Senator Mathewson assumed the Chair.

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

President Pro Tem McKenna assumed the Chair.

Senator Wiggins assumed the Chair.

Senator Childers requested a division of the question on SA 23, asking that a vote first be taken on the portion of the amendment dealing with section 163.021.1 and that a second vote be taken on the remainder of the amendment, which request was granted.

Senator Childers moved that Part 1 be adopted, which motion failed.

Senator Childers moved that Part 2 of SA 23 be adopted and requested a roll call vote be taken. He was joined in his request by Senators Kenney, Mathewson, Russell and Westfall.

Part 2 of SA 23 failed of adoption by the following vote:

YEAS--Senators
Bentley Childers Ehlmann Mueller
Rohrbach Russell Singleton Westfall--8
NAYS--Senators
Banks Caskey Clay Curls
DePasco Flotron Goode Graves
House Howard Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Quick
Schneider Scott Sims Wiggins
Yeckel--25
Absent--Senator Staples--1
Absent with leave--Senators--None

Senator Kinder offered SA 24:

SENATE AMENDMENT NO. 24

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 55, Section 168.221, Line 18 of said page, by inserting after all of said line the following:

"171.201. No changes shall be made to a pupil's schedule of classes or courses for the current school year or any future school year pursuant to any program linking education and careers, including any school-to-work program, until such changes have been approved in writing by a parent or legal guardian who has custody of the pupil."; and

Further amend the title and enacting clause accordingly.

Senator Kinder moved that the above amendment be adopted.

Senator Caskey offered SSA 1 for SA 24:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 24

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 41, Section 163.031, Line 16 of said page, by placing an opening bracket "[" before the word "Beginning" and by placing a closing bracket "]" after the word "year,"; and further amend line 18 of said page, by placing an opening bracket "[" before ", or"; and further amend line 19 of said page, by striking all of said line and inserting in lieu thereof the following: "than zero, plus] and line 14 of subsection 6 of this section [; plus the"; and

Further amend said bill and section, page 42, line 6 of said page, by inserting after the period ".", the following: "A district qualifying for an additional payment pursuant to this section shall receive an amount equal to the revenue per eligible pupil received by the district in the 1992-93 school year from the foundation formula entitlement payment amount plus the amount of line 14A of subsection 6 of this section times the quotient of the greater of zero or line 1 minus line 10 divided by the revenue per eligible pupil received by the district in the 1992-93 school year from the foundation formula entitlement payment amount.".

Senator Caskey moved that the above substitute amendment be adopted.

Senator Childers raised the point of order that SSA 1 for SA 24 is out of order in that it is not a true substitute amendment.

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

Senator Quick assumed the Chair.

Senator Johnson assumed the Chair.

SSA 1 for SA 24 was again taken up.

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

Senator Mathewson assumed the Chair.

Senator Banks offered SA 25, which was read:

SENATE AMENDMENT NO. 25

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 13, Section 162.621, Lines 14-23 of said page, by striking all of said lines and inserting in lieu thereof the following:

"2. The special administrative board of the transitional school district containing the city not within a county shall report to the board of directors of the metropolitan school district its recommendations for implementation of a comprehensive school improvement program pursuant to section 162.1100.".

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

Senator Banks offered SA 26, which was read:

SENATE AMENDMENT NO. 26

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 49, Section 163.031, Line 11, by deleting lines 11-19.

Senator Banks moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Childers, Kenney, Russell and Schneider.

SA 26 failed of adoption by the following vote:

YEAS--Senators
Banks Childers Clay Curls
Rohrbach Schneider Sims--7
NAYS--Senators
Bentley Caskey DePasco Ehlmann
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Russell Scott
Singleton Westfall Wiggins Yeckel--24
Absent--Senators
Flotron Goode Staples--3
Absent with leave--Senators--None

Senator Clay offered SA 27, which was read:

SENATE AMENDMENT NO. 27

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 49, Section 163.031, Line 16 of said page, by striking the word "five" and inserting in lieu thereof the word "fifteen".

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

President Pro Tem McKenna assumed the Chair.

Senator Childers offered SA 28:

SENATE AMENDMENT NO. 28

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 49, Section 163.031, Line 19, by inserting after said line the following:

"165.011. 1. The following funds are created for the accounting of all school moneys: teachers' fund, incidental fund, free textbook fund, capital projects fund and debt service fund. The treasurer of the school district shall open an account for each fund specified in this section, and all moneys received from the county school fund and all moneys derived from taxation for teachers' wages shall be placed to the credit of the teachers' fund. All tuition fees, state moneys received under sections 162.975, RSMo, and 163.031, RSMo, and all other moneys received from the state except as herein provided shall be placed to the credit of the teachers' and incidental funds at the discretion of the district board of education. The portion of state aid received by the district pursuant to section 163.031, RSMo, based upon the portion of the tax rate in the debt service or capital projects funds, respectively, which is included in the operating levy for school purposes pursuant to section 163.011, RSMo, shall be placed to the credit of the debt service fund or capital projects fund, respectively. Money received from other districts for transportation, and money derived from taxation for incidental expenses shall be credited to the incidental fund. Money apportioned for free textbooks shall be credited to the free textbook fund. All money derived from taxation or received from any other source for the erection of buildings or additions thereto and the remodeling or reconstruction of buildings and the furnishing thereof, for the payment of lease purchase obligations, for the purchase of real estate, or from sale of real estate, schoolhouses or other buildings of any kind, or school furniture, from insurance, from sale of bonds other than refunding bonds shall be placed to the credit of the capital projects fund. All moneys derived from the sale or lease of sites, buildings, facilities, furnishings and equipment by a school district as authorized under section 177.088, RSMo, shall be credited to the capital projects fund. Money derived from taxation for the retirement of bonds and the payment of interest thereon shall be credited to the debt service fund which shall be maintained as a separate bank account. Receipts from delinquent taxes shall be allocated to the several funds on the same basis as receipts from current taxes, except that where the previous years' obligations of the district would be affected by such distribution, the delinquent taxes shall be distributed according to the tax levies made for the years in which the obligations were incurred. All refunds received shall be placed to the credit of the fund from which the original expenditures were made. Money donated to the school districts shall be placed to the credit of the fund where it can be expended to meet the purpose for which it was donated and accepted. Money received from any other source whatsoever shall be placed to the credit of the fund or funds designated by the board.

2. The school board may expend from the incidental fund the sum that is necessary for the ordinary repairs of school property and an amount not to exceed the sum of expenditures for classroom instructional capital outlay, as defined by the department of elementary and secondary education by rule, in state-approved area vocational-technical schools and .06 dollars per one hundred dollars equalized assessed valuation multiplied by the guaranteed tax base for the second preceding year multiplied by the number of resident and nonresident eligible pupils educated in the district for the second preceding year for classroom instructional capital outlay, including but not limited to payments authorized pursuant to section 177.088, RSMo. Any and all payments authorized under section 177.088, RSMo, except as otherwise provided in this subsection, for the purchase or lease of sites, buildings, facilities, furnishings and equipment and all other expenditures for capital outlay shall be made from the capital projects fund. If a balance remains in the free textbook fund after books are furnished to pupils as provided in section 170.051, RSMo, it shall be transferred to the teachers' fund. The board may transfer the portion of the balance remaining in the incidental fund to the teachers' fund that is necessary for the total payment of all contracted obligations to teachers. If a balance remains in the debt service fund, after the total outstanding indebtedness for which the fund was levied is paid, the board may transfer the unexpended balance to the capital projects fund. If a balance remains in the bond proceeds after completion of the project for which the bonds were issued, the balance shall be transferred from the incidental or capital projects fund to the debt service fund. After making all placements of interest otherwise provided by law, a school district may transfer from the capital projects fund to the incidental fund the interest earned from undesignated balances in the capital projects fund.

3. Tuition shall be paid from either the teachers' or incidental funds.

4. Other provisions of law to the contrary notwithstanding, the school board of a school district that satisfies the criteria specified in subsection 5 of this section may transfer from the incidental fund to the capital projects fund an amount not to exceed the greater of:

(1) Zero; or

(2) The sum of .18 dollars per one hundred dollars equalized assessed valuation multiplied by the guaranteed tax base for the second preceding year multiplied by the number of resident and nonresident eligible pupils educated in the district for the second preceding year and the amount to be expended for transportation equipment that is considered an allowable cost under state board of education rules for transportation reimbursements during the current year and any amount necessary to satisfy obligations of the capital projects fund for state-approved area vocational-technical schools and an amount not to exceed .06 dollars per one hundred dollars equalized assessed valuation multiplied by the guaranteed tax base for the second preceding year multiplied by the number of resident and nonresident eligible pupils educated in the district for the second preceding year less any amount transferred pursuant to subsection 7 of this section[, provided that any amount transferred pursuant to this subsection shall only be transferred as necessary to satisfy obligations of the capital projects fund] and less any amount expended from the incidental fund for classroom instructional capital outlay pursuant to subsection 2 of this section; or

(3) If in addition to meeting requirements of subsection 5 of this section, the district has bonded indebtedness of no less than eighty percent of the district's maximum allowable bonded indebtedness pursuant to section 26(b), Article VI of the Missouri constitution and the district has had an average annual increase in average daily attendance of at least three percent over the preceding three school years and the district is in compliance with or has paid all penalties required pursuant to section 165.016, RSMo, for the three preceding school years without waiver or adjustment of the base school year certified percentage and the district maintains an ending balance in the combined teachers and incidental funds of no greater than fifteen percent of the combined expenditures from those funds for the preceding school year and maintains an adjusted operating levy of not less than the lesser of the district's tax rate ceiling or two dollars and seventy-five cents per one hundred dollars assessed valuation, an amount equal to twelve percent of the district's adjusted operating levy for school purposes multiplied by the guaranteed tax base per eligible pupil for the second preceding year multiplied by the number of resident and nonresident eligible pupils educated in the district for the second preceding year plus the amount to be expended for transportation equipment that is considered an allowable cost under state board of education rules for transportation reimbursements during the current year plus any amount necessary to satisfy obligations of the capital projects fund for state-approved area vocational-technical schools less any amount transferred pursuant to subsection 7 of this section and less any amount expended from the incidental fund for classroom instructional capital outlay pursuant to subsection 2 of this section.

For the purposes of this subsection, the guaranteed tax base and a district's count of resident and nonresident eligible pupils educated in the district shall not be less than their respective values calculated from data for the 1992-93 school year.

5. In order to transfer funds pursuant to subsection 4 of this section, a school district shall:

(1) Meet the minimum criteria for state aid and for increases in state aid for the current year established pursuant to section 163.021, RSMo;

(2) Not incur a total debt, including short-term debt and bonded indebtedness in excess of ten percent of the guaranteed tax base for the preceding payment year multiplied by the number of resident and nonresident eligible pupils educated in the district in the preceding year;

(3) Set tax rates pursuant to section 164.011, RSMo;

(4) First apply any voluntary rollbacks or reductions to the total tax rate levied to the teachers' and incidental funds;

(5) In order to be eligible to transfer funds for paying lease purchase obligations:

(a) Incur such obligations, except for obligations for lease purchase for school buses, prior to January 1, 1997;

(b) Limit the term of such obligations to no more than twenty years;

(c) Limit annual installment payments on such obligations to an amount no greater than the amount of the payment for the first full year of the obligation, including all payments of principal and interest, except that the amount of the final payment shall be limited to an amount no greater than two times the amount of such first-year payment;

(d) Limit such payments to leasing nonathletic, classroom, instructional facilities as defined by the state board of education through rule; and

(e) Not offer instruction at a higher grade level than was offered by the district on July 12, 1994.

6. A school district shall be eligible to transfer funds pursuant to subsection 7 of this section if:

(1) Prior to August 28, 1993:

(a) The school district incurred an obligation for the purpose of funding payments under a lease purchase contract authorized under section 177.088, RSMo;

(b) The school district notified the appropriate local election official to place an issue before the voters of the district for the purpose of funding payments under a lease purchase contract authorized under section 177.088, RSMo; or

(c) An issue for funding payments under a lease purchase contract authorized under section 177.088, RSMo, was approved by the voters of the district; or

(2) Prior to November 1, 1993, a school board adopted a resolution authorizing an action necessary to comply with subsection 9 of section 177.088, RSMo. Any increase in the operating levy of a district above the 1993 tax rate resulting from passage of an issue described in paragraph (b) of subdivision (1) of this subsection shall be considered as part of the 1993 tax rate for the purposes of subsection 1 of section 164.011, RSMo.

7. Prior to transferring funds pursuant to subsection 4 of this section, a school district may transfer, pursuant to this subsection, from the incidental fund to the capital projects fund an amount as necessary to satisfy an obligation of the capital projects fund that satisfies at least one of the conditions specified in subsection 6 of this section, but not to exceed its payments authorized under section 177.088, RSMo, for the purchase or lease of sites, buildings, facilities, furnishings, equipment, and all other expenditures for capital outlay, plus the amount to be expended for transportation equipment that is considered an allowable cost under state board of education rules for transportation reimbursements during the current year plus any amount necessary to satisfy obligations of the capital projects fund for state-approved area vocational-technical schools. A school district with a levy for school purposes no greater than the minimum levy specified in section 163.021, RSMo, and an obligation in the capital projects fund that satisfies at least one of the conditions specified in subsection 6 of this section, may transfer from the incidental fund to the capital projects fund the amount necessary to meet the obligation plus the transfers pursuant to subsection 4 of this section.

8. Beginning in the 1995-96 school year, the department of elementary and secondary education shall deduct from a school district's state aid calculated pursuant to section 163.031, RSMo, an amount equal to the amount of any transfer of funds from the incidental fund to the capital projects fund performed during the previous year in violation of this section.

9. On or before June 30, [1995] 1999, a school district may transfer to the capital projects fund from the balances of the teachers' and incidental funds any amount, but only to the extent that the amount transferred pursuant to this subsection after June 30, 1995, is equal to or less than the amount that the teachers' and incidental fund unrestricted balances on June 30, 1995, [are equal to or greater than] exceeded eight percent of expenditures from the teachers' and incidental funds for the year ending June 30, 1995; provided that the repeal and reenactment of this section shall not be construed to increase the total amount of transfers allowed by a district above that amount the district was authorized to make on or before June 30, 1995, pursuant to this subsection.

10. In addition to other transfers authorized under subsections 1 to 9 of this section, a district may transfer from the teachers' and incidental funds to the capital projects fund the amount necessary to repay costs of one or more guaranteed energy savings performance contracts to renovate buildings in the school district; provided that the contract is only for energy conservation measures, as defined in section 640.651, RSMo, and provided that the contract specifies that no payment or total of payments shall be required from the school district until at least an equal total amount of energy and energy-related operating savings and payments from the vendor pursuant to the contract have been realized by the school district."; and

Further amend the title and enacting clause accordingly.

Senator Childers moved that the above amendment be adopted.

Senator Childers offered SSA 1 for SA 28:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 28

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 55, Section 168.221, Line 18, by inserting after all of said line the following:

"171.031. 1. Each school board shall prepare annually a calendar for the school term, specifying the opening date and providing a minimum term of at least one hundred seventy-four days [and] or one thousand [forty-four] sixty hours of actual pupil attendance. The opening date shall not be earlier than the first day of September, except:

(1) [If the first day of September falls on Labor Day or a Saturday or Sunday, the school board in any school district may move the starting day for that term to a subsequent school day] Any school term may begin the last Monday in August, provided that such school observes the Friday immediately preceding Labor Day as a school holiday;

(2) In school districts in which schools are in session for twelve months of each calendar year[; and

(3) In school districts in which the school board determines students are needed for agricultural production purposes].

2. No school day shall be longer than [seven] eight hours [except for vocational schools which may adopt an eight-hour day in a metropolitan school district and a school district in a first class county adjacent to a city not within a county].

3. This section shall terminate on July 1, 2006."; and

Further amend the title and enacting clause accordingly.

Senator Childers moved that the above substitute amendment be adopted.

Senator Caskey raised the point of order that SSA 1 for SA 28 is out of order in that the amendment goes beyond the scope and purpose of the bill.

Senator Mathewson assumed the Chair.

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

President Pro Tem McKenna assumed the Chair.

At the request of Senator Childers, SA 28 was withdrawn.

Senator Childers offered SA 29:

SENATE AMENDMENT NO. 29

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 55, Section 168.221, Line 18, by inserting after all of said line the following:

"168.420. 1. The state board of education shall establish, on or before April first of each school year, a schedule of no less than four nor greater than six specific professional development days for the next school year.

2. The state board of education shall schedule professional development activities, workshops, conferences and other work sessions for certificated personnel only on the professional development days scheduled for that school year; except that the state board of education may also schedule additional professional development days and professional development activities, workshops, conferences and other work sessions for certificated personnel on Saturdays, Sundays and on any day of the week during the months of June, July or August.

3. This section shall apply to professional development days and professional development activities scheduled for the 1999-2000 school year and each school year thereafter, and this section shall not apply to professional development days and professional development activities scheduled for the 1998-99 school year. This section shall not be construed to limit the professional development days scheduled by any school district."; and

Further amend the title and enacting clause accordingly.

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

Senator Kenney offered SA 30:

SENATE AMENDMENT NO. 30

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 42, Section 163.031, Line 3 of said page, by inserting immediately after the word "amount" the following: "; provided that no district, other than a district participating in an urban voluntary school transfer program pursuant to section 162.1100, RSMo, shall receive less revenue per eligible pupil from the following sources: line 1 minus line 10 and line 14 of subsection 6 of this section, than the district received for the 1997-98 school year from those sources".

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

Senator Ehlmann offered SA 31:

SENATE AMENDMENT NO. 31

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 23, Section 162.1100, Line 20, by adding the following: "established by the state board of education pursuant to section 160.514, RSMo"; and

Further amend said page, line 22, by adding after the word "standards" the following: "consistent with the standards established by the state board of education pursuant to section 160.514, RSMo.,".

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

Senator Ehlmann offered SA 32:

SENATE AMENDMENT NO. 32

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 50, Section 165.122, Line 12, by adding the following: "Neither the school district nor any private entity may offer anything of pecuniary value as an inducement to attendance on a particular day for the purpose of enhancing the enrollment and average daily attendance records of any school district.".

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

Senator Ehlmann offered SA 33:

SENATE AMENDMENT NO. 33

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 17, Section 162.1060, Line 6, by adding the following after the word "functions" "except that no contractor or employee of any contractor shall have ever been a contractor or employee of the Voluntary Interdistrict Coordinating Council or any other program established by the Federal District Court; except that this restriction shall not apply to transportation contractors or their employees.".

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

Senator Ehlmann offered SA 34:

SENATE AMENDMENT NO. 34

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, Page 2, Section 160.540, Line 19, by adding after the word "rewards," the following: "and punishments"; and further amend said page, line 25, after the word "development," the following: "requirements that a teacher attain a certain score on a nationally recognized test before any increase in salary is given.".

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

Senator Caskey moved that SS for SCS for SB 781, as amended, be adopted, which motion prevailed.

Senator Westfall requested a roll call vote be taken on the perfection of SS for SCS for SB 781, as amended, and was joined in his request by Senators Caskey, Childers, Howard and Russell.

Senator House moved that SS for SCS for SB 781, as amended, be declared perfected and ordered printed, which motion prevailed by the following vote:

YEAS--Senators
Caskey Clay Curls DePasco
Ehlmann Flotron Goode House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Schneider Scott Sims Wiggins
Yeckel--25
NAYS--Senators
Banks Bentley Childers Graves
Rohrbach Russell Singleton Westfall--8
Absent--Senator Staples--1
Absent with leave--Senators--None

RESOLUTIONS

Senator Mueller offered Senate Resolution No. 1500, regarding the death of Representative William (Bill) Hand, which was adopted.

Senator Wiggins offered Senate Resolution No. 1501, regarding Captain Everett Dwight Hartung, Missouri State Highway Patrol, which was adopted.

COMMUNICATIONS

President Pro Tem McKenna submitted the following:

March 30, 1998

Senator Bill McKenna

President Pro-tem, Missouri Senate

Room 326, State Capitol Bldg.

Jefferson City, MO 65101

Dear Bill:

Please accept my resignation as a Senate Representative to the Missouri Health Facilities Review Committee effective at the conclusion of today's public hearing scheduled in the Capitol. I have enjoyed my service on this committee and am confident the members will continue their dedicated work in a difficult field in the future.

As you know, I sponsored the legislation in 1979 which created the Certificate of Need Program. At that time it was a federal mandate which was withdrawn by the United States Congress some time ago.

I was the first Senator appointed to serve on the committee in its infancy and was successful in securing the election of Rabbi Herbert J. Mandl of Kansas City as the first Chairman. The Rabbi's enlightened leadership was primarily responsible for the program's success and its emergence as one of Missouri's foremost health programs. I left the committee in 1983 and in 1995, then President Pro-tem, Jim Mathewson asked me to return which I was glad to do.

I feel I have served my time and should make room for another Senator to share this experience. It is always a pleasure and honor to accept any duty and responsibility requested by the Senate and I am confident the members and staff of the Health Facilities Review Committee will continue to fulfill their duties with excellence and efficiency.

Sincerely,

/s/ Harry

Harry Wiggins



Also,



April 1, 1998

The Honorable Danny Staples

Missouri Senate

Capitol Building, Room 418

Jefferson City, MO 65101

Dear Senator Staples:

Please be informed that I am hereby appointing you a member of the Missouri Health Facilities Review Board, Section 197.310, RSMo 1979, to fill the vacancy created by the resignation of Senator Harry Wiggins.

If you have any questions or concerns please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

Missouri Senate





INTRODUCTIONS OF GUESTS

Senator House introduced to the Senate, Michelle Aubuchon, and twenty homeschool students and parents from Hawk Point.

Senator Schneider introduced to the Senate, Denise Daust, and students from St. Williams School, St. Louis; and Steven Ward, Kevin Forney, Chris Arnold, Rebekah Steitz and Nick Luft were made honorary pages.

Senator Klarich introduced to the Senate, thirteen nine through twelfth grade students from Marquette High School, Chesterfield.

Senator Sims introduced to the Senate, her grandson, Patrick Duff, McLean, Virginia; and Patrick was made an honorary page.

Senator Lybyer introduced to the Senate, Mrs. Scott, Mrs. Horbyk, Mrs. Cavanaugh, and fourth grade students from Houston Middle School, Houston; and Robbie Sutton, Amanda Boster, Jeff Gettys, Amanda Bristow, Nathan Pounds and Beth Ann Mason were made honorary pages.

Senator Kinder introduced to the Senate, Jeff Joggerst, Daisy.

Senator Sims introduced to the Senate, Debbie Wiens and Meredith Malone, and members of the American Government Class from Clayton High School, St. Louis.

Senator Caskey introduced to the Senate, Jim Merryfield, Windsor; Stan Gunnels, Archie; and James Hern, Harrisonville.

Senator Mathewson introduced to the Senate, Joe Anson, Higginsville.

Senator Kenney introduced to the Senate, students from Glendale Elementary School, Independence.

Senator Mueller introduced to the Senate, Matthew and Doug Harms, and Ryan Mughal, St. Louis; and Matthew and Ryan were made honorary pages.

Senator Lybyer introduced to the Senate, the Physician of the Day, Dr. Rebecca Kelley, M.D., Auxvasse.

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