Journal of the Senate

SECOND REGULAR SESSION


FIFTY-SEVENTH DAY--WEDNESDAY, APRIL 22, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, we pray for wisdom to blend our responsibility to our family with the responsibility to those who elected us. Help us to be faithful to our family and our state and to do right by both. 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.


SENATE BILLS FOR PERFECTION

Senator Flotron moved that SB 813 and SB 864, with SCS, be taken up for perfection, which motion prevailed.

SCS for SBs 813 and 864, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 813 and 864

An Act to repeal section 305.230, RSMo 1994, section 144.805, RSMo Supp. 1997, and section 17 as enacted by conference committee substitute for house committee substitute for senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly, relating to aviation, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Flotron moved that SCS for SBs 813 and 864 be adopted.

Senator Flotron offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bills Nos. 813 and 864, Page 2, Section 144.805, Line 35, by inserting after all of said line the following:

"155.010. As used in this chapter, the following terms mean:

(1) "Aircraft", any contrivance now known, or hereafter invented, used or designed for navigation of, or flight in, the air;

(2) "Airline company", any person, firm, partnership, corporation, trustee, receiver or assignee, and all other persons, whether or not in a representative capacity, undertaking to engage in the carriage of persons or cargo for hire by commercial aircraft pursuant to certificates of convenience and necessity issued by the federal Civil Aeronautics Board, or successor thereof, or any noncertificated air carrier authorized to engage in irregular and infrequent air transportation by the federal Civil Aeronautics Board, or successor thereof;

(3) "Aviation fuel", any fuel specifically compounded for use in reciprocating aircraft engines;

(4) "Commercial aircraft", aircraft fully equipped for flight and of more than [ten] seven thousand pounds maximum certified gross take-off weight."; and

Further amend the title and enacting clause accordingly.

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

Senator Clay offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bills Nos. 813 and 864, Page 2, Section 144.805, Line 32, by inserting immediately after the words "shall be" the following: "allocated as follows:

(1) Seventy-five percent of the revenue collected shall be returned to the airports where it was collected, to be used for maintenance or improvements; and

(2) Twenty-five percent of the revenue shall be".

Senator Clay moved that the above amendment be adopted.

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

Senator Flotron offered SSA 1 for SA 2:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bills Nos. 813 and 864, Page 2, Section 144.805, Line 32, by inserting after the word "constitution" the following: "or under section 144.701, RSMo".

Senator Flotron moved that the above substitute amendment be adopted.

Senator Goode raised the point of order that SSA 1 for SA 2 is out of order in that it is not a true substitute amendment, as it could be offered at a later date.

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

SA 2 was again taken up.

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

Senator Flotron moved that SCS for SBs 813 and 864, as amended, be adopted, which motion prevailed.

On motion of Senator Flotron, SCS for SBs 813 and 864, as amended, was declared perfected and ordered printed.

SB 856, with SCA 1, was placed on the Informal Calendar.

Senator Mathewson moved that SB 831, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 831, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 831

An Act to repeal sections 447.700, 447.702, 447.704, 447.706 and 447.708, RSMo Supp. 1997, relating to tax credits for economic development purposes, and to enact in lieu thereof six new sections relating to the same subject.

Was taken up.

Senator Mathewson moved that SCS for SB 831 be adopted.

Senator Mathewson offered SS for SCS for SB 831, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 831

An Act to repeal section 100.010, RSMo 1994, and sections 100.710, 135.110, 447.700, 447.702, 447.704, 447.706 and 447.708, RSMo Supp. 1997, and section 620.1039 as enacted by senate bill no. 1 of the second extraordinary session, eighty-ninth general assembly, relating to tax credits for economic development purposes, and to enact in lieu thereof thirty-two new sections relating to the same subject.

Senator Mathewson moved that SS for SCS for SB 831 be adopted.

At the request of Senator Mathewson, SB 831, with SCS and SS for SCS (pending), was placed on the Informal Calendar.

Senator Sims moved that SB 522, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 522, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 522

An Act to repeal sections 302.291 and 302.292, RSMo 1994, and to enact in lieu thereof two new sections relating to the reporting and examination of impaired drivers, with penalty provisions and an emergency clause.

Was taken up.

Senator Sims moved that SCS for SB 522 be adopted.

Senator Sims offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 522, Page 2, Section 302.291, Line 31, by inserting immediately after the word "eighteen" the following: ", except that no person may report the same family member pursuant to this section more than one time during a twelve month period"; and

Further amend said bill, Page 2, Section 302.291, Line 43, by inserting immediately after the word "diagnosed" the words "or assessed"; and

Further amend said bill, Page 2, Section 302.291, Line 44, by inserting immediately after the word "diagnosis" the words "or assessment"; and

Further amend said bill, Page 3, Section 302.291, Line 59, by inserting immediately after the period "." the following: "The department of revenue shall also develop a complaint/ grievance procedure for drivers who believe they have been discriminated against on the basis of physical disability."; and

Further amend said bill, Page 3, Section 302.291, Line 74, by inserting immediately after all of said line the following:

"11. Any individual whose condition is temporary in nature as reported pursuant to the provisions of subsection 4 of this section shall have the right to petition the director of the department of revenue for total or partial reinstatement of his or her license. Such request shall be made on a form prescribed by the department of revenue and accompanied by a statement from a health care provider with the same or similar license as the health care provider who made the initial report resulting in the limitation or loss of the driver's license. Such petition shall be decided by the director of the department of revenue within thirty days of receipt of the petition. Such decision by the director is appealable pursuant to subsection 10 of this section.".

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

Senator Sims moved that SCS for SB 522, as amended, be adopted, which motion prevailed.

On motion of Senator Sims, SCS for SB 522, as amended, was declared perfected and ordered printed.

Senator Wiggins moved that SB 762, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 762, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 762

An Act to amend chapter 376, RSMo, by adding thereto one new section relating to insurance coverage for dental care for children and persons with disabilities.

Was taken up.

Senator Wiggins moved that SCS for SB 762 be adopted.

Senator Schneider offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 762, Page 1, Section 376.1225, Line 13, by inserting after the word "hospital" the words "or office"; and amend line 15, by striking the period and inserting the words "or office.".

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

Senator Flotron offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bill No. 762, Page 1, Section A, Line 2, by inserting immediately after all of said line the following:

"197.200. As used in sections 197.200 to 197.240, unless the context clearly indicates otherwise, the following terms mean:

(1) "Ambulatory surgical center", any public or private establishment operated primarily for the purpose of performing surgical procedures or primarily for the purpose of performing childbirths, and which does not provide services or other accommodations for patients to stay within the establishment more than twenty-three hours [within the establishment] for surgical procedures, forty-eight hours following vaginal deliveries or ninety-six hours following cesarean sections, provided, however, that nothing in this definition shall be construed to include the offices of dentists currently licensed pursuant to chapter 332, RSMo;

(2) "Dentist", any person currently licensed to practice dentistry pursuant to chapter 332, RSMo;

(3) "Department", the department of health;

(4) "Governmental unit", any city, county or other political subdivision of this state, or any department, division, board or other agency of any political subdivision of this state;

(5) "Person", any individual, firm, partnership, corporation, company, or association and the legal successors thereof;

(6) "Physician", any person currently licensed to practice medicine pursuant to chapter 334, RSMo;

(7) "Podiatrist", any person currently licensed to practice podiatry pursuant to chapter 330, RSMo."; and

Further amend the title and enacting clause accordingly.

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

Senator Wiggins moved that SCS for SB 762, as amended, be adopted, which motion prevailed.

On motion of Senator Wiggins, SCS for SB 762, as amended, was declared perfected and ordered printed.

Senator Goode moved that SB 613, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 613, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 613

An Act to amend chapter 66, RSMo, by adding thereto one new section relating to water service lines in certain counties, with an emergency clause.

Was taken up.

Senator Goode moved that SCS for SB 613 be adopted.

Senator Schneider offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 613, Page 2, Section 66.405, Line 45, by adding the following:

"6. Any city providing such services shall be liable for civil torts in the same manner and to same extent as a private entity providing the same or similar services, including, but not limited to the operation of motor vehicles and the maintenance of dangerous conditions of property".

Senator Schneider moved that the above amendment be adopted.

Senator Goode raised the point of order that SA 1 is out of order, as it is not germane to the subject matter of the bill.

Senator Johnson assumed the Chair.

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

At the request of Senator Schneider, SA 1 was withdrawn, rendering the point of order moot.

President Pro Tem McKenna assumed the Chair.

Senator Goode moved that SCS for SB 613 be adopted, which motion prevailed.

On motion of Senator Goode, SCS for SB 613 was declared perfected and ordered printed.

Senator Howard moved that SB 871, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 871, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 871

An Act to repeal section 660.250, RSMo 1994, relating to protection of the elderly, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Howard moved that SCS for SB 871 be adopted, which motion prevailed.

On motion of Senator Howard, SCS for SB 871 was declared perfected and ordered printed.

Senator Caskey moved that SB 910, with SCA 1, be taken up for perfection, which motion prevailed.

SCA 1 was taken up.

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

Senator Caskey offered SS for SB 910, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 910

An Act to repeal sections 104.540, 210.826, 210.830, and 454.432, RSMo 1994, and sections 193.215, 210.822, 287.820, 454.390, 454.408, 454.413, 454.440, 454.455, 454.460, 454.490, 454.505 and 476.688, RSMo Supp. 1997, relating to child support, and to enact in lieu thereof eighteen new sections relating to the same subject.

Senator Caskey moved that SS for SB 910 be adopted.

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

Senator Johnson assumed the Chair.

Senator Klarich offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Bill No. 910, Page 39, Section 476.688, Line 11 of said page, by inserting after all of said line the following:

"Section 1. No garnishment, withholding, or other financial legal proceeding shall be levied or maintained against a party whose child support obligation has been fulfilled or brought to term by such responsible party unless entered into voluntarily by such party or by court order. The burden of proving non-compliance of such party shall rest with the division of child support enforcement and shall verify such non-compliance on request."; and

Further amend the title and enacting clause accordingly.

Senator Klarich moved that the above amendment be adopted.

At the request of Senator Caskey, SB 910, with SS and SA 1 (pending), was placed on the Informal Calendar.

Senator Caskey moved that SB 910, with SS and SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SA 1 was again taken up.

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

At the request of Senator Caskey, SB 910, with SS (pending), was placed on the Informal Calendar.

President Pro Tem McKenna assumed the Chair.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and SCS for HB 1480, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

SENATE BILLS FOR PERFECTION

Senator Curls moved that SB 802, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 802, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 802

An Act to amend chapter 253, RSMo, by adding thereto one new section relating to state historic sites, with an emergency clause.

Was taken up.

Senator Curls moved that SCS for SB 802 be adopted, which motion prevailed.

On motion of Senator Curls, SCS for SB 802 was declared perfected and ordered printed.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1002 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1003, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1004, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1005 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1006, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1007, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1008 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1009 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1010, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1011, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 1012 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

PRIVILEGED MOTIONS

Senator Lybyer moved that the Senate refuse to recede from its position on SCS for HCS for HB 1002; SCS for HCS for HB 1003, as amended; SCS for HCS for HB 1004, as amended; SCS for HCS for HB 1005; SCS for HCS for HB 1006, as amended; SCS for HCS for HB 1007, as amended; SCS for HCS for HB 1008; SCS for HCS for HB 1009; SCS for HCS for HB 1010, as amended; SCS for HCS for HB 1011, as amended; and SCS for HCS for HB 1012 and grant the House a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SCS for HCS for HB 1002; SCS for HCS for HB 1003, as amended; SCS for HCS for HB 1004, as amended; SCS for HCS for HB 1005; SCS for HCS for HB 1006, as amended; SCS for HCS for HB 1007, as amended; SCS for HCS for HB 1008; SCS for HCS for HB 1009; SCS for HCS for HB 1010, as amended: Senators Lybyer, Goode, Wiggins, Russell and Singleton.

Also,

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SCS for HCS for HB 1011, as amended: Senators Lybyer, Goode, Maxwell, Russell and Singleton.

Also,

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SCS for HCS for HB 1012: Senators Lybyer, Goode, Wiggins, Russell and Singleton.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1822, entitled:

An Act to repeal sections 210.720 and 211.183, RSMo 1994, and sections 211.171, 211.447 and 453.010, RSMo Supp. 1997, and to enact in lieu thereof five new sections for the purpose of complying with the federal mandates relating to permanency for children in alternative care, with an emergency clause.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1537, entitled:

An Act relating to the welfare to work protection act.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for HBs 1051 and 1276, entitled:

An Act to repeal sections 105.711, 537.610, 537.705 and 537.756, RSMo 1994, relating to claims against the state and its political subdivisions, and to enact in lieu thereof four new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 964, entitled:

An Act relating to the reimbursement for services of advanced practice nurses and registered nurse first assistants.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 870.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 649.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 828.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 829.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 551.

Bill ordered enrolled.

MESSAGES FROM THE GOVERNOR

The following message was received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 21, 1998

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Atkins W. Warren, 722 Walnut Street, Apartment 602, Kansas City, Jackson County, Missouri 64106, as a public member of the Committee for 911 Service Oversight, for a term ending April 21, 2000, and until his successor is duly appointed and qualified; vice, RSMo. 650.330.

Respectfully submitted,

MEL CARNAHAN

Governor

President Pro Tem McKenna referred the above appointment to the Committee on Gubernatorial Appointments.

REPORTS OF STANDING COMMITTEES

Senator Lybyer, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President: Your Committee on Appropriations, to which was referred HB 1229, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

RESOLUTIONS

Senator Rohrbach offered Senate Resolution No. 1663, regarding Michelle Lee, Fulton, which was adopted.

Senator Scott offered Senate Resolution No. 1664, regarding Julius Hunter, St. Louis, which was adopted.

Senator Kenney offered Senate Resolution No. 1665, regarding Al Van Iten, Independence, which was adopted.

Senator Quick offered Senate Resolution No. 1666, regarding Wanda Titus, Platte County, which was adopted.

BILLS DELIVERED TO THE GOVERNOR

SB 961; SB 928; SB 918; SCS for SB 820; SB 764; SB 720; SCS for SB 684; SCS for SB 652; SB 537; SB 488; SB 642; SB 658; SB 597; SB 695; SB 766; SB 580; SB 917; and SB 832, after having been duly signed by the Speaker of the House of Representatives in open session, were delivered to the Governor by the Secretary of the Senate.

On motion of Senator Quick, the Senate recessed until 3:00 p.m.

RECESS

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

BILL REFERRALS

President Pro Tem McKenna referred HB 1229, with SCS, to the Committee on State Budget Control.

SENATE BILLS FOR PERFECTION

Senator Goode moved that SB 566 be taken up for perfection, which motion prevailed.

On motion of Senator Goode, SB 566 was declared perfected and ordered printed.

Senator Scott assumed the Chair.

Senator Caskey moved that SB 910, with SS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SS for SB 910 was again taken up.

Senator McKenna offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Bill No. 910, Page 5, Section 193.215, Line 19 of said page, by inserting immediately after all of said line the following:

"210.109. 1. The division of family services shall establish a child protection system [in eight areas of the state selected by the division] for the entire state.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(16) Provide services as required by section 210.145;

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

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

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

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

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

Further amend said bill, Page 13, Section 287.820, Line 12 of said page, by inserting immediately after all of said line the following:

"452.150. The father and mother living apart are entitled to an adjudication [of] by the circuit court as to their powers, rights and duties in respect to the custody and control and the services and earnings and management of the property of their unmarried minor children without any preference as between the said father and mother, and neither the father nor the mother has any right paramount to that of the other in respect to the custody and control or the services and earnings or of the management of the property of their said unmarried minor children; pending such adjudication the father or mother who actually has the custody and control of said unmarried minor children shall have the sole right to the custody and control and to the services and earnings and to the management of the property of said unmarried minor children.

452.310. 1. All proceedings under sections 452.300 to 452.415 are commenced in the manner provided by the rules of the supreme court.

2. The petition in a proceeding for dissolution of marriage or legal separation shall be verified and shall allege the marriage is irretrievably broken and shall set forth:

(1) The residence of each party and the length of residence in this state;

(2) The date of the marriage and the place at which it was registered;

(3) The date on which the parties separated;

(4) The names, ages, and addresses of any living children of the marriage and whether the wife is pregnant;

(5) Any arrangements as to the custody and support of the children and the maintenance of a spouse; and

(6) The relief sought.

3. In listing the names, ages, and addresses of any living children of the marriage, the party filing the petition shall state which party has actual custody of any minor children, and, upon the filing of the petition, all unemancipated, unmarried minor children shall come under the immediate jurisdiction of the court in which the action is filed, unless a petition alleging abuse or neglect of such minor children is pending in the juvenile court. Thereafter, until permitted to do so by order of the court, neither party shall remove such minor children from the jurisdiction of the court [nor from the care and custody of the party which has custody of the children at the time the action is filed]. The mere fact that one parent has actual custody of the minor children at the time of filing shall not create a preference for the court in its adjudication of custody, visitation and child support.

4. A party shall submit a proposed parenting plan at the time of filing of a motion to modify or a petition involving custody or visitation issues. A party shall submit a proposed parenting plan when filing the answer in such cases or within thirty days after service of a motion to modify. The proposed parenting plan shall set forth the arrangements that the party believes to be in the best interest of the minor children and shall include but not be limited to:

(1) A specific written schedule detailing the residential time for each child with each party including:

(a) Major holidays stating which holidays a party has each year;

(b) School holidays for school age children;

(c) The child's birthday, Mother's Day and Father's Day;

(d) Weekday and weekend schedules and for school age children how the winter, spring, summer and other vacations from school will be spent;

(e) The times and places for transfer of the child between the parties in connection with the residential schedule;

(f) A plan for sharing transportation duties associated with the residential schedule;

(g) Appropriate times for telephone access;

(h) Suggested procedures for notifying the other party when a party requests a temporary variation from the residential schedule;

(i) Any suggested restrictions or limitations on access to a party and the reasons such restrictions are requested;

(2) A specific written plan detailing how the decision-making rights and responsibilities will be shared between the parties including the following:

(a) Educational decisions and methods of communicating information from the school to both parties;

(b) Medical, dental and health care decisions including how health care providers will be selected and a method of communicating medical conditions of the child and how emergency care will be handled;

(c) Extracurricular activities, including a method for determining which activities the child will participate in when those activities involve time during which each party is the custodian;

(d) Child care providers, including how such providers will be selected;

(e) Communication procedures including access to telephone numbers as appropriate;

(f) A dispute resolution procedure for those matters on which the parties disagree or in interpreting the parenting plan;

(g) If a party suggests no shared decision-making, a statement of the reasons for such a request;

(3) How the expenses of the child, including child care, educational and extraordinary expenses as defined in the child support guidelines established by the supreme court, will be paid including:

(a) The suggested amount of child support to be paid by each party;

(b) The party who will maintain or provide health insurance for the child and how the medical, dental, vision, psychological and other health care expenses of the child not paid by insurance will be paid by the parties;

(c) The payment of educational expenses, if any;

(d) The payment of extraordinary expenses of the child, if any;

(e) Child care expenses, if any;

(f) Transportation expenses, if any.

5. If the proposed temporary parenting plans of the parties differ and the parties cannot resolve the differences or if any party fails to file a proposed parenting plan, upon motion of either party and an opportunity for the parties to be heard, the court shall enter a temporary order with a specific residential schedule and specific decision-making authority as well as temporary orders for child support and health insurance for the child which will remain in effect until further order of the court. The temporary order entered by the court shall not create a preference for the court in its adjudication of final custody, child support or visitation.

[4.] 6. The other party must be served in the manner provided by the rules of civil procedure and applicable court rules and may within thirty days after the date of service file a verified answer.

[5.] 7. Previously existing defenses to divorce and legal separation, including but not limited to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are abolished.

452.340. 1. In a proceeding for dissolution of marriage, legal separation or child support, the court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for [his] the support of the child, including an award retroactive to the date of filing the petition, without regard to marital misconduct, after considering all relevant factors including:

(1) The financial needs and resources of the child;

(2) The financial resources and needs of the parents;

(3) The standard of living the child would have enjoyed had the marriage not been dissolved;

(4) The physical and emotional condition of the child, and the child's educational needs, including the amount of time the child spends with each parent and the reasonable expenses associated with the custody or visitation arrangements; [and]

(5) The child's physical and legal custody arrangements; and

(6) The reasonable work-related child care expenses of each parent.

2. The obligation of the parent ordered to make support payments shall abate, in whole or in part, for such periods of time in excess of thirty consecutive days that the other parent has voluntarily relinquished physical custody of a child to the parent ordered to pay child support, notwithstanding any periods of visitation or temporary physical and legal or physical or legal custody pursuant to a judgment of dissolution or legal separation or any modification thereof. In a IV-D case, the division of child support enforcement may determine the amount of the abatement under this subsection for any child support order. In such cases, upon notification by the division, the circuit clerk shall record the amount of abatement on the child support trusteeship record established pursuant to this chapter and chapter 454, RSMo.

3. Unless the circumstances of the child manifestly dictate otherwise and the court specifically so provides, the obligation of a parent to make child support payments shall terminate when the child:

(1) Dies;

(2) Marries;

(3) Enters active duty in the military;

(4) Becomes self-supporting, provided that the custodial parent has relinquished the child from parental control by express or implied consent; or

(5) Reaches age eighteen, unless the provisions of subsection 4 or 5 of this section apply.

4. If the child is physically or mentally incapacitated from supporting himself and insolvent and unmarried, the court may extend the parental support obligation past the child's eighteenth birthday.

5. If when a child reaches age eighteen, [he] the child is enrolled in and attending a secondary school program of instruction, the parental support obligation shall continue, if the child continues to attend and progresses toward completion of said program, until the child completes such program or reaches age twenty-one, whichever first occurs. If the child is enrolled in an institution of vocational or higher education not later than October first following graduation from a secondary school or completion of a graduation equivalence degree program and so long as the child enrolls for and completes at least twelve hours of credit each [term] semester, not including the summer semester, at an institution of vocational or higher education and achieves grades sufficient to re-enroll at such institution, the parental support obligation shall continue until the child completes his or her education, or until the child reaches the age of twenty-two, whichever first occurs. To remain eligible for such continued parental support, at the beginning of each semester the child shall submit to each parent a transcript or similar official document provided by the institution of vocational or higher education which includes the courses the child is enrolled in and has completed for each term, the grades and credits received for each such course, and the courses which the child is enrolled in for the upcoming term and the number of credits for each such course. If the circumstances of the child manifestly dictate, the court may waive the October first deadline for enrollment required by this subsection. If the child is enrolled in such an institution, the child or obligated parent may petition the court to amend the order to direct the obligated parent to make the payments directly to the child. As used in this section, an "institution of vocational education" means any postsecondary training or schooling for which the student is assessed a fee and attends classes regularly. "Higher education" means any junior college, college, or university at which the child attends classes regularly. A child who has been diagnosed with a learning disability, or whose physical disability or diagnosed health problem limits the child's ability to carry the number of credit hours prescribed in this subsection, shall remain eligible for child support so long as such child is enrolled in and attending an institution of vocational or higher education, and the child continues to meet the other requirements of this subsection. A child who is employed at least fifteen hours per week during the semester may take as few as nine credit hours per semester and remain eligible for child support so long as all other requirements of this subsection are complied with.

6. [At the parent's option, a parent may pay one-half of the college room, board, tuition, mandatory fees and book expenses of the child as a credit reduction in the amount of child support during the months when a child attends school, if such child is enrolled as a full-time student and living away from the family residence for a majority of the school year, unless provisions for payment of college expenses are specified in the parenting plan or court order; except that, if such payment of college expenses is less than the court-ordered child support, the parent shall pay the difference between such college expenses and the court-ordered payment as provided in the court order.] The court shall consider ordering a parent to waive the right to claim the tax dependency exemption for a child enrolled in an institution of vocational or higher education in favor of the other parent if the application of state and federal tax laws and eligibility for financial aid will make an award of the exemption to the other parent appropriate.

7. The general assembly finds and declares that it is the public policy of this state [to assure that the best interest of the child is] that frequent, continuing and meaningful contact with both parents after the parents have separated or dissolved their marriage is in the best interest of the child except for cases where the court specifically finds that such contact is not in the best interest of the child. In order to effectuate this public policy, a court with jurisdiction shall enforce visitation, custody and child support orders in the same manner. A court with jurisdiction may abate, in whole or in part, any past or future obligation of support and may transfer the physical and legal or physical or legal custody of one or more children if it finds that a parent has, without good cause, failed to provide visitation or physical and legal or physical or legal custody to the other parent pursuant to the terms of a judgment of dissolution, legal separation or modifications thereof. The court [may] shall also award, if requested and for good cause shown, reasonable expenses, attorney's fees and court costs incurred by the prevailing party.

8. Not later than October 13, 1989, the Missouri supreme court shall have in effect a rule establishing guidelines by which any award of child support shall be made in any judicial or administrative proceeding. Said guidelines shall contain specific, descriptive and numeric criteria which will result in a computation of the support obligation. By July 1, 1996, the guidelines shall address how the amount of child support shall be calculated when an award of joint physical custody results in the child or children spending substantially equal time with both parents. Not later than July 1, 1998, the child support guidelines shall be published by the supreme court and specifically list and explain the relevant factors and assumptions that were used to calculate the child support guidelines. Any rule made pursuant to this subsection shall be reviewed by the promulgating body not less than once every three years to ensure that its application results in the determination of appropriate child support award amounts.

9. [Beginning October 13, 1989,] There shall be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of the guidelines established pursuant to subsection 8 of this section is the correct amount of child support to be awarded. A written finding or specific finding on the record in a judicial or administrative proceeding that the application of the guidelines would be unjust or inappropriate in a particular case, after considering all relevant factors, including the factors set out in subsection 1 of this section, is required if requested by a party and shall be sufficient to rebut the presumption in the case. The written finding or specific finding on the record shall detail the specific relevant factors that required a deviation from the application of the guidelines.

10. Under this or any other chapter, when a court determines the amount owed by a parent for support provided to [his] a child by another person prior to the date of filing of a petition requesting support, or when the director of the division of child support enforcement establishes the amount of state debt due under subdivision (2) of subsection 1 of section 454.465, RSMo, the court or director shall use the guidelines established under subsection 8 of this section. The amount of child support resulting from the application of the guidelines shall be applied retroactively for a period prior to the establishment of a support order and the length of the period of retroactivity shall be left to the discretion of the court or director. There shall be a rebuttable presumption that the amount resulting from application of the guidelines under subsection 8 of this section constitutes the amount owed by the parent for the period prior to the date of the filing of the petition for support or the period for which state debt is being established. In applying the guidelines to determine a retroactive support amount, when information as to average monthly income is available, the court or director may use the average monthly income of the noncustodial parent, as averaged over the period of retroactivity, in determining the amount of presumed child support owed for the period of retroactivity. The court or director may enter a different amount in a particular case upon finding, after consideration of all relevant factors, including the factors set out in subsection 1 of this section, that there is sufficient cause to rebut the presumed amount.

452.355. 1. Unless otherwise indicated, the court from time to time after considering all relevant factors including the financial resources of both parties, the merits of the case and the actions of the parties during the pendency of the action, may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under sections 452.300 to 452.415 and for attorney's fees, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or after entry of judgment. The court may order that the amount be paid directly to the attorney, who may enforce the order in his name.

2. In any proceeding in which the nonpayment of child support is an issue under the provisions of a temporary or permanent court order or decree, if the court finds that the obligor has failed[, without good cause,] to comply with such order or decree to pay the child support, the court shall order the obligor to pay a reasonable amount for the cost of the suit to the obligee, including sums for legal services. The court may order for good cause shown that the amount be paid directly to the attorney, who may enforce the order in his name.

3. For purposes of this section, an "obligor" is a person owing a duty of support and an "obligee" is a person to whom a duty of support is owed.

4. For purposes of this section, "good cause" includes any substantial reason why the defendant is unable to pay the child support as ordered. Good cause does not exist if the defendant purposely maintains his inability to pay.

452.373. 1. In cases involving custody or visitation issues, the court may, except for good cause shown or as provided in subsection 2 of this section, order the parties to the action to participate in an alternate dispute resolution program pursuant to supreme court rule to resolve any issues in dispute or may set a hearing in the matter. As used in this section, "good cause" includes, but is not limited to, noncontested custody or visitation cases, or a prior finding of domestic violence as determined by a court with jurisdiction after all parties have received notice and an opportunity to be heard, but does not mean the absence of qualified mediators.

2. Any alternate dispute resolution program ordered by the court pursuant to subsection 1 of this section shall:

(1) Be paid for by the parties in a proportion to be determined by the court, the cost of which shall be reasonable and customary for the circuit in which the program is ordered;

(2) Not be binding on the parties;

(3) Not be ordered or used for contempt proceedings, for enforcement of existing custody or visitation orders which are unambiguous or which designate specific times or specific periods, or for a motion for a family access order pursuant to section 452.400; and

(4) Not be ordered or utilized for child support issues.

3. Within sixty days after the effective date of this section, the Missouri supreme court shall publish a rule allowing, but not requiring, each circuit to establish an alternate dispute resolution program for contested custody and visitation proceedings within six months of the adoption of the supreme court rule.

452.375. 1. As used in this [section] chapter, unless the context clearly indicates otherwise:

(1) "Custody", depending on the context, means joint legal custody, legal custody, joint physical custody or physical custody or any combination thereof;

[(1)] (2) "Joint legal custody" means that the parents share the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child, and, unless allocated, apportioned, or decreed, the parents shall confer with one another in the exercise of decision-making rights, responsibilities, and authority;

[(2)] (3) "Joint physical custody" means an order awarding each of the parents significant, but not necessarily equal, periods of time during which a child resides with or is under the care and supervision of each of the parents. Joint physical custody shall be shared by the parents in such a way as to assure the child of frequent [and], continuing and meaningful contact with both parents.

2. The court shall determine custody in accordance with the best interests of the child. The court shall consider all relevant factors including:

(1) The wishes of the child's parents as to [his] custody[;

(2) The wishes of a child as to his custodian] and the proposed parenting plans submitted by both parties;

[(3)] (2) The interaction and interrelationship of the child with [his] parents, [his] siblings, and any other person who may significantly affect the child's best interests;

[(4)] (3) The child's adjustment to [his] the child's home, school, and community;

[(5)] (4) The mental and physical health of all individuals involved, including any history of abuse of any individuals involved. If the court finds that a pattern of domestic violence has occurred, and, if the court also finds that awarding custody to the abusive parent is in the best interest of the child, then the court shall enter written findings of fact and conclusions of law. Custody and visitation rights shall be ordered in a manner that best protects the child and the parent or other family or household member who is the victim of domestic violence from any further harm;

[(6)] (5) The needs of the child for a continuing relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;

[(7)] (6) The intention of either parent to relocate [his] the principal residence of the child [outside the state]; [and]

[(8)] (7) Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent; and

(8) The wishes of a child as to the child's custodian.

3. The court shall not award custody of a child to a parent if such parent has been found guilty of, or pled guilty to, a felony violation of chapter 566, RSMo, when the child was the victim, or a violation of section 568.020, RSMo, when the child was the victim.

4. The general assembly finds and declares that it is the public policy of this state [to assure children] that frequent, continuing and meaningful contact with both parents after the parents have separated or dissolved their marriage is in the best interest of the child, except for cases where the court specifically finds that such contact is not in the best interest of the child, and that it is in the public interest to encourage parents to share decision-making rights and responsibilities of child rearing. In order to effectuate this policy, the court shall determine the custody arrangement which will best assure that parents share such decision-making responsibility and authority and such frequent, continuing and meaningful contact between the child and each parent, as is indicated in the best interests of the child under all relevant circumstances.

5. Prior to awarding the appropriate custody arrangement in the best interest of the child, the court shall consider [each of the following as follows] custody awards in the order of preference listed in subdivisions (1) to (5) of this subsection, except where there are no custody issues in dispute. The burden of coming forward with evidence that a particular custodial arrangement is not in the best interest of the child shall be upon the parent opposing such an award. In the event the court finds that a preferred custodial arrangement is not in the child's best interest and upon the request of a party, the court shall enter a written finding detailing the specific relevant factors that made such an arrangement not in the child's best interest and shall specify the custodial arrangement which the court finds is in the child's best interest. The order of preference shall be:

(1) Joint physical and joint legal custody to both parents, which shall not be denied solely for the reason that one parent opposes a joint physical and joint legal custody award. The residence of one of the parents shall be designated as the mailing address of the child;

(2) Joint physical custody with one party granted sole legal custody. The residence of one of the parents shall be designated as the mailing address of the child;

(3) Joint legal custody with one party granted sole physical custody;

(4) Sole custody to either parent; or

[(3)] (5) Third party custody or visitation:

(a) When the court finds that each parent is unfit, unsuitable, or unable to be a custodian, or the welfare of the child requires, and it is in the best interests of the child, then custody, temporary custody or visitation may be awarded to any other person or persons deemed by the court to be suitable and able to provide an adequate and stable environment for the child. Before the court awards custody, temporary custody or visitation to a third person under this subdivision, the court shall make that person a party to the action;

(b) Under the provisions of this subsection, any person may petition the court to intervene as a party in interest at any time as provided by supreme court rule.

6. Unless otherwise decreed, parents are obligated to exchange information with one another concerning the health, education and welfare of the child. In a decree of sole legal custody, [a court may provide that parents] unless the court specifically declares otherwise, the legal custodian shall [confer with one another in the exercise of decision-making rights, responsibilities and authority] discuss with the other parent any significant decision affecting the health, education or welfare of the child. Upon a finding by the court that either parent has refused to exchange information with one another, which shall include but not be limited to the health, education and welfare of the child, the court shall order the parent to comply immediately and to pay the prevailing party a sum equal to the prevailing party's cost associated with obtaining the requested information, which shall include but not be limited to attorney's fees and court costs.

7. As between the parents of a child, no preference may be given to either parent in the awarding of custody because of that parent's age, sex, or financial status, nor because of the age or sex of the child.

8. Any decree providing for joint custody shall include a specific written plan setting forth the terms of such custody. Such plan may be suggested by both parents acting in concert, or one parent acting individually, or if neither of the foregoing occurs, the plan shall be provided by the court. The plan may include a provision for mediation of disputes. In all cases, the joint custody plan approved and ordered by the court shall be in the court's discretion and shall be in the best interest of the child.

9. Unless [a noncustodial] a parent has been denied custody rights under section 452.375 or visitation rights under section 452.400, any judgment or decree of dissolution or other applicable court order shall, after August 28, 1998, specifically allow both parents access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records[, shall not be denied to a parent because the parent is not the child's custodial parent]. If [a noncustodial] the parent without custody has been granted restricted or supervised visitation because the court has found that the [custodial] parent with custody or the child has been the victim of domestic violence, as defined in section 455.200, RSMo, by the [noncustodial] parent without custody, the court may order that the reports and records made available pursuant to this subsection not include the address of the [custodial] parent with custody or the child.

10. If any individual, professional, public or private institution or organization denies access or fails to provide or disclose any and all records and information, including, but not limited to, past and present dental, medical and school records pertaining to a minor child, to either [the custodial or noncustodial] parent upon the written request of such parent, the court shall, upon its finding that the individual, professional, public or private institution or organization denied such request without good cause, order that party to comply immediately with such request and to pay to the prevailing party all costs incurred, including, but not limited to, attorney's fees and court costs associated with obtaining the requested information.

11. An award of joint custody does not preclude an award of child support pursuant to section 452.340 and applicable supreme court rules. The court shall consider the factors contained in section 452.340 and applicable supreme court rules in determining an amount reasonable or necessary for the support of the child.

12. If the court finds that domestic violence has occurred, the court shall make specific findings of fact to show that the custody or visitation arrangement ordered by the court best protects the child and the parent or other family or household member who is the victim of domestic violence from any further harm.

452.377. 1. For purposes of this section and section 452.375, "relocate" or "relocation" means a change in the principal residence of a child for a period of ninety days or more, but does not include a temporary absence from the principal residence.

2. The residence of the child or any party entitled to custody or visitation of the child shall not be changed without first providing written notice by certified mail, return receipt requested, to any party with custody or visitation rights. Absent exigent circumstances as determined by a court with jurisdiction, written notice shall be provided at least sixty days in advance of the proposed relocation. The notice of the proposed relocation shall include the following information:

(1) The intended new residence, including the specific address and mailing address, if known, and if not known, the city;

(2) The home telephone number of the new residence, if known;

(3) The date of the intended move or proposed relocation;

(4) A brief statement of the specific reasons for the proposed relocation of a child, if applicable; and

(5) A proposal for a revised schedule of custody or visitation with the child, if applicable.

3. A [person] party entitled to the custody of a child shall not [change] relocate the principal residence of the child to another state, or remove the child from this state for a period of time exceeding ninety days, or relocate the principal residence of the child more than fifty miles from the current principal residence of the child except upon order of the court or with the written consent of the parties with custody or visitation rights. Where [the noncustodial person] a party has been given custody or visitation rights by the custody decree, such court permission may be granted only after notice to the [person] party having custody or visitation rights and after opportunity for hearing.

4. A party required to give notice of a proposed relocation pursuant to subsection 2 of this section has a continuing duty to provide a change in or addition to the information required by this section as soon as such information becomes known.

5. In exceptional circumstances where the court makes a finding that the health or safety of any adult or child would be unreasonably placed at risk by the disclosure of the required identifying information concerning a proposed relocation of the child, the court may order that:

(1) The specific residence address and telephone number of the child, parent or person, and other identifying information shall not be disclosed in the pleadings, notice, other documents filed in the proceeding or the final order except for an in cameral disclosure;

(2) The notice requirements provided by this section shall be waived to the extent necessary to protect the health or safety of a child or any adult; or

(3) Any other remedial action the court considers necessary to facilitate the legitimate needs of the parties and the best interest of the child.

6. The court shall consider a failure to provide notice of a proposed relocation of a child as:

(1) A factor in determining whether custody and visitation should be modified;

(2) A basis for ordering the return of the child if the relocation occurs without notice; and

(3) Sufficient cause to order the party seeking to relocate the child to pay reasonable expenses and attorneys fees incurred by the party objecting to the relocation.

7. If the parties agree to a revised schedule of custody or visitation, they may submit the terms of such agreement to the court with a written affidavit signed by the parties assenting to the terms of the agreement and the court may order the revised schedule without a hearing.

8. The party seeking to relocate shall have the burden of proving that the proposed relocation is made in good faith and is in the best interest of the child.

9. If relocation is permitted:

(1) The court shall order contact with the nonrelocating party including custody or visitation and telephone access sufficient to assure that the child has frequent, continuing and meaningful contact with the nonrelocating party unless the child's best interest warrant otherwise; and

(2) The court shall specify how the transportation costs will be allocated between the parties and adjust the child support, as appropriate, considering the costs of transportation.

10. After August 28, 1998, every court order establishing or modifying custody or visitation shall include the following language: "Absent exigent circumstances as determined by a court with jurisdiction, you, as a party to this action, are ordered to notify, in writing by certified mail, return receipt requested, and at least sixty days prior to the proposed relocation, each party to this action of any proposed relocation of the principal residence of the child, including the following information:

(1) The intended new residence, including the specific address and mailing address, if known, and if not known, the city;

(2) The home telephone number of the new residence, if known;

(3) The date of the intended move or proposed relocation;

(4) A brief statement of the specific reasons for the proposed relocation of the child; and

(5) A proposal for a revised schedule of custody or visitation with the child.

Your obligation to provide this information to each party continues as long as you or any other party by virtue of this order is entitled to custody of a child covered by this order. Your failure to obey the order of this court regarding the proposed relocation may result in further litigation to enforce such order, including contempt of court. In addition, your failure to notify a party of a relocation of the child may be considered in a proceeding to modify custody or visitation with the child. Reasonable costs and attorney fees shall be assessed against you if you fail to give the required notice."

11. Violation of the provisions of this section or a court order under this section may be deemed a change of circumstance under section 452.410, allowing the court to modify the prior custody decree. In addition, the court may utilize any and all powers relating to contempt conferred on it by law or rule of the Missouri supreme court.

12. Any party who objects in good faith to the relocation of a child's principle residence shall not be ordered to pay the costs and attorney's fees of the party seeking to relocate.

452.400. 1. A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger the child's physical health or impair his emotional development. [The court shall define the noncustodial parent's visitation periods in detail at the request of either party.] The court shall enter an order specifically detailing the visitation rights of the parent without physical custody rights. In determining the granting of visitation rights, the court shall consider evidence of domestic violence. If the court finds that domestic violence has occurred, the court may find that granting visitation to the abusive party is in the best interests of the child. The court shall not grant visitation to the parent not granted custody if such parent has been found guilty of or pled guilty to a felony violation of chapter 566, RSMo, when the child was the victim, or a violation of section 568.020, RSMo, when the child was the victim or an offense committed in another state, when the child is the victim, that would be a felony violation of chapter 566, RSMo, or section 568.020, RSMo, if committed in Missouri. The court shall consider the parent's history of inflicting, or tendency to inflict, physical harm, bodily injury, assault, or the fear of physical harm, bodily injury, or assault on other persons and shall grant visitation in a manner that best protects the child and the parent or other family or household member who is the victim of domestic violence from any further harm. The court, if requested by a party, shall make specific findings of fact to show that the visitation arrangements made by the court best protects the child or the parent or other family or household member who is the victim of domestic violence from any further harm.

2. The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child, but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger the child's physical health or impair his emotional development. When a court restricts a parent's visitation rights or when a court orders supervised visitation because of allegations of abuse or domestic violence, a showing of proof of treatment and rehabilitation shall be made to the court before unsupervised visitation may be ordered. "Supervised visitation", as used in this section, is visitation which takes place in the presence of a responsible adult appointed by the court for the protection of the child.

3. The court shall mandate compliance with its order by both [the custodial parent] parents and the child. [In the event of noncompliance,] If a parent has been granted specific or unambiguous visitation or custody rights, and such specific or unambiguous rights are denied or interfered with by the other parent, without good cause, the [noncustodial] parent having specific or unambiguous visitation or custody rights may file a motion for contempt[.] or a motion for a family access order.

4. By January 1, 1999, the state courts administrator shall develop a simplified form and instructions for use by persons filing pro se motions for family access orders pursuant to this section. The cost of filing the motion shall be the standard court costs plus a fee not to exceed twenty-five dollars. Motions for family access orders pursuant to this section shall be summarily heard, except as otherwise provided by this section, in the manner provided by sections 517.021 to 517.151, RSMo, by judges of the circuit court or by any commissioner of the circuit court authorized to hear such motions for family access orders. No continuance of a hearing relating to such a motion for a family access order shall be granted by the court except for extraordinary cause. Final disposition of the motion shall take place not more than forty-five days after service of such motion, except for good cause shown as determined by the court or by waiver of the parties. Final disposition shall not include appellate review.

5. Upon a finding by the court that its order for visitation or custody has not been complied with, without good cause, the court shall [define the noncustodial parent's visitation in detail and shall exercise its discretion in providing] provide a remedy, which shall include, but not be limited to, a compensatory period of visitation or [temporary] custody at a time convenient for the [noncustodial] parent denied visitation or custody not less than the period of time denied, [together with] and, if requested by a party and for good cause shown, a mandatory judgment in an amount not less than the reasonable expenses and court costs actually incurred by the [noncustodial] parent as a result of the denial of visitation or custody. Such order may include a provision that the sheriff or other law enforcement officer shall enforce the rights of either parent to custody or visitation, as the case may be, unless the court issues a subsequent order pursuant to chapters 210 or 211, RSMo, to limit or deny either parent's access to the child.

[4.] 6. The reasonable expenses, attorney's fees and court costs actually incurred as a result of a proceeding to enforce visitation or custody rights shall, if requested by a party and for good cause shown, be assessed against the parent who [unreasonably], without good cause, denies or interferes with visitation or custody. In addition, the court may utilize any and all powers relating to contempt conferred on it by law or rule of the Missouri supreme court.

7. The intentional denial or interference with visitation or custody of a child from the other parent, without good cause, shall constitute a change of circumstances which may justify a modification of custody.

8. For purposes of supreme court rule 51, motions filed pursuant to this section shall not be deemed to be an independent civil action if the judge or commissioner designated to rule on the motion is the same judge or commissioner that entered the order which is the subject of a motion for a family access order or contempt.

452.405. 1. Except as otherwise ordered by the court or agreed by the parties in writing at the time of the custody decree, the legal custodian may determine the child's upbringing, including his education, health care, and religious training, unless the court after hearing[,] finds, upon motion by the [noncustodial] parent without legal custody, that in the absence of a specific limitation of the legal custodian's authority the child's physical health would be endangered or his emotional development impaired.

2. The legal custodian shall not exercise legal custody in such a way as to significantly and detrimentally impact the other parent's visitation or custody rights.

[2.] 3. The court may order the county welfare office or the county juvenile officer to exercise continuing supervision over the case.

452.411. If either parent of a child changes his residence to another state, such change of residence of the parent shall be deemed a change of circumstances under section 452.410, allowing the court to modify a prior visitation or custody decree.

452.416. 1. Notwithstanding any other provision of law to the contrary, whenever a parent in emergency military service has a change in income due to such military service, such change in income shall be considered a change in circumstances so substantial and continuing as to make the terms of any order or judgment for child support or visitation unreasonable.

2. Upon receipt of a notarized letter from the commanding officer of a noncustodial parent in emergency military service which contains the date of the commencement of emergency military service and the compensation of the parent in emergency military service, the director of the division of child support enforcement shall take appropriate action to seek modification of the order or judgment of child support in accordance with the guidelines and criteria set forth in section 452.340 and applicable supreme court [rule 88.01] rules. Such notification to the director shall constitute an application for services under section 454.425, RSMo.

3. Upon return from emergency military service the parent shall notify the director of the division of child support enforcement who shall take appropriate action to seek modification of the order or judgment of child support in accordance with the guidelines and criteria set forth in section 452.340 and applicable supreme court [rule 88.01] rules. Such notification to the director shall constitute an application for services under section 454.425, RSMo.

4. As used in this section, the term "emergency military service" means that the parent is a member of a reserve unit or national guard unit which is called into active military duty for a period of more than thirty days.

452.423. 1. In all proceedings for child custody or for dissolution of marriage or legal separation where custody, visitation, or support of a child is a contested issue, the court may appoint a guardian ad litem. The court shall appoint a guardian ad litem in any proceeding in which child abuse or neglect is alleged. Disqualification of a guardian ad litem shall be ordered upon the filing of a written application by any party within ten days of appointment, or at least ten days before trial if the appointment occurs prior to the effective date of this act. Each party shall be entitled to one disqualification of a guardian ad litem in each proceeding, except a party may be entitled to more than one disqualification of a guardian ad litem for good cause shown.

2. The guardian ad litem shall:

(1) Be the legal representative of the child at the hearing, and may examine, cross-examine, subpoena witnesses and offer testimony;

(2) Prior to the hearing, conduct all necessary interviews with persons having contact with or knowledge of the child in order to ascertain the child's wishes, feelings, attachments and attitudes. If appropriate, the child should be interviewed;

(3) Request the juvenile officer to cause a petition to be filed in the juvenile division of the circuit court if the guardian ad litem believes the child alleged to be abused or neglected is in danger.

3. The appointing judge shall require the guardian ad litem to faithfully discharge such guardian ad litem's duties, and upon failure to do so shall discharge such guardian ad litem and appoint another. The judge in making appointments pursuant to this section shall give preference to persons who served as guardian ad litem for the child in the earlier proceeding, unless there is a reason on the record for not giving such preference.

4. The guardian ad litem shall be awarded a reasonable fee for such services to be set by the court. The court, in its discretion, may award such fees as a judgment to be paid by any party to the proceedings or from public funds. Such an award of guardian fees shall constitute a final judgment in favor of the guardian ad litem. Such final judgment shall be enforceable against the parties in accordance with chapter 513, RSMo.

5. The court may designate volunteer advocates, who may or may not be attorneys licensed to practice law, to assist in the performance of the guardian ad litem duties for the court. The volunteer advocate shall be provided with all reports relevant to the case made to or by any agency or person and shall have access to all records of such agencies or persons relating to the child or such child's family members. Any such designated person shall receive no compensation from public funds. This shall not preclude reimbursement for reasonable expenses.

452.490. 1. The court may order any party to the proceeding who is in this state to appear personally before the court. If the court finds the physical presence of the child in court to be in the best interests of the child, the court may order that the party who has physical custody of the child appear personally with the child.

2. If a party to the proceeding whose presence is desired by the court is outside this state, with or without the child, the court may order that the notice given under section 452.460 include a statement directing that party to appear personally with or without the child.

3. If a party to the proceeding who is outside this state is directed to appear under subsection [2] 1 of this section or desires to appear personally before the court with or without the child, the court may require another party to pay to the clerk of the court travel and other necessary expenses of the party so appearing and of the child, if this is just and proper under the circumstances.

4. If the court finds it to be in the best interest of the child that a guardian ad litem be appointed, the court may appoint a guardian ad litem for the child. The guardian ad litem so appointed shall be an attorney licensed to practice law in the state of Missouri. Disqualification of a guardian ad litem shall be ordered upon the filing of a written application by any party within ten days of appointment, or at least ten days before trial if the appointment occurs prior to the effective date of this act. Each party shall be entitled to one disqualification of a guardian ad litem in each proceeding, except a party may be entitled to more than one disqualification of a guardian ad litem for good cause shown. The guardian ad litem may, for the purpose of determining custody of the child only, participate in the proceedings as if such guardian ad litem were a party. The court shall enter judgment allowing a reasonable fee to the guardian ad litem.

452.600. The circuit courts [of the fifth, sixth, twenty-third, twenty-ninth, thirtieth, thirty-first and thirty-eighth judicial circuits], by local rule, may establish a program of educational sessions for parties to actions for dissolution of marriage or in postjudgment proceedings involving custody or support, concerning the effects of dissolution of marriage on minor children of the marriage. In lieu of establishing such a program, the circuit court may, by local rule, designate a similar program of educational sessions offered by a private or public entity.

452.605. In an action for dissolution of marriage involving minor children, or in a postjudgment proceeding wherein custody [or support] of minor children is to be determined by the court, the court may [on its own motion], except for good cause, order the parties, including the minor children, to attend educational sessions concerning the effects of custody and the dissolution of marriage on children[, if the court finds that doing so would be in the best interests of the minor children]. As used in this section "good cause" includes, but is not limited to, situations where the parties have stipulated to the custody and visitation of the child, or a finding by a court with jurisdiction after all parties have received notice and an opportunity to be heard that the safety of a party or child may be endangered by attending the educational sessions."; and

Further amend said bill, Page 39, Section 454.999, Line 2 of said page, by inserting immediately after all of said line the following:

"454.1031. All penalties that apply to an obligor in sections 454.1000 to 454.1029 shall also apply to any person who has, without good cause as determined by a court with jurisdiction, denied or interfered with any order for visitation or custody for two or more consecutive periods. Any such penalties shall be imposed by a court with jurisdiction, and may be modified or vacated by the court for good cause shown, and the division shall have no jurisdiction over such matters."; and

Further amend said bill, Page 39, Section 476.688, Line 11 of said page, by inserting immediately after all of said line the following:

"537.044. The torts of alienation of affection and conspiracy to alienate affection are hereby abolished in this state.

Section 1. The family access fee of up to twenty-five dollars established in section 452.400, RSMo, shall be charged and collected by every clerk of the court in this state. The court may waive such fee, in whole or in part, upon motion of the party and for good cause shown. Such fee shall be deposited in the "Family Access Fund" which shall be established in each county for the purpose of defraying the costs associated with family access motions filed pursuant to section 452.400, RSMo. Any circuit which does not have a family court shall establish a "Family Access Fund" within their circuit to aid in the payment of services offered by that circuit's courts pursuant to section 452.400, RSMo.

Section 2. No garnishment, withholding, or other financial legal proceeding shall be levied or maintained against a party whose child support obligation has been fulfilled or brought to term by such responsible party unless entered into voluntarily by such party or by court order. The burden of proving non-compliance of such party shall rest with the division of child support enforcement, and shall verify such non-compliance upon request."; and

Further amend the title and enacting clause accordingly.

Senator McKenna moved that the above amendment be adopted.

Senator Klarich offered SA 1 to SA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Bill No. 910, Pages 43-44, Section 2, by deleting all of said section and inserting in lieu thereof the following:

"Section 2. No garnishment, withholding, or other financial legal proceeding under chapter 454, RSMo, to enforce a support order as defined in section 454.455, RSMo, shall be levied or maintained by the division of child support enforcement against a party who alleges that no current or unpaid child support is due if after review of the allegations and evidence the division determines that no current or unpaid child support is due. The enforcement action may continue pending review by the division, and the division may only levy an enforcement action if current or unpaid support should later become due and owing. The division shall advise a party to a support obligation being enforced by the division of the amount currently due under the support order and how that amount was calculated upon request.".

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

SA 2, as amended, was again taken up.

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

Senator Caskey moved that SS for SB 910, as amended, be adopted, which motion prevailed.

On motion of Senator Caskey, SS for SB 910, as amended, was declared perfected and ordered printed.

Senator DePasco moved that SB 709 be taken up for perfection, which motion prevailed.

Senator DePasco moved that SB 709 be declared perfected and ordered printed, which motion prevailed on a standing division vote.

Senator House moved that SB 745, with SCA 1, be taken up for perfection, which motion prevailed.

SCA 1 was taken up.

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

Senator Schneider offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Bill No. 745, Page 4, Section 160.545, Line 91, by inserting immediately after all of said line the following:

"160.546. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority of this chapter, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend said bill, Page 4, Section 161.097, Line 22, by inserting immediately after all of said line the following:

"161.098. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority of this chapter, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend said bill, Page 7, Section 173.005, Line 120, by inserting immediately after all of said line the following:

"173.006. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority of this chapter, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend the title and enacting clause accordingly.

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

On motion of Senator House, SB 745, as amended, was declared perfected and ordered printed.

President Pro Tem McKenna assumed the Chair.

Senator Schneider moved that SB 471, with SCS and SS for SCS, as amended, (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SS for SCS for SB 471, as amended, was again taken up.

Senator Westfall offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 5, Section 105.510, Line 18, by striking all of lines 18, 19 and 20; and further amend said bill, line 21, by striking "(8)" and inserting in lieu thereof the following "(7)".

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

Senator Westfall offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 14, Section 2, Line 7, by inserting at the end of said line the following: "The costs of such mediation services shall be borne by appropriation of funds by the general assembly.".

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

Senator Howard offered SA 7, which was read:

SENATE AMENDMENT NO. 7

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 2, Section 105.510, Lines 23-25, by removing the brackets on said lines.

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

Senator Kinder offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 14, Section 2, Line 7, by inserting immediately after said line the following:

"Section 3. 1. No labor organization shall use any portion of dues, agency shop fees, or any other fees paid by members of the labor organization, or individuals who are not members, to make contributions or expenditures except upon the written authorization of the member, or individual who is not a member, received within the previous twelve months on a form as provided in subsection 2 of this section.

2. The authorization referred to in subsection 1 shall be provided on a form, the sole purpose of which is for the documentation of such an authorization. The form shall be prescribed by the commission and at a minimum shall contain the name of the individual granting the authorization, the labor organization to which the authorization is granted, the total annual amount of the dues, agency shop fees, or any other fees which will be used to make contributions or expenditures and the signature of the individual granting the authorization. The form's title shall read, in at least twenty-four point bold type, "Authorization for Political Use of Fees" and shall also state, in at least 14 point bold type, the following words immediately above the signature line:

"Signing this form authorizes a portion of your dues, agency shop fees, or other fees to be used for making political contributions or expenditures. You are not obligated to sign this authorization. Your signature below is completely voluntary and cannot in any way affect your employment."

3. Any labor organization that uses any portion of dues, agency shop fees or other fees to make contributions or expenditures under subsection 1 of this section shall maintain records that shall include a copy of each authorization obtained under subsection 2 of this section, the amounts and dates funds were actually withheld, the amounts and dates funds were transferred to a committee and the committee to which the funds were transferred.

4. Copies of all records maintained under subsection 3 of this section shall be sent to the ethics commission, established pursuant to the provisions of section 105.955, RSMo.

5. Individuals who do not authorize contributions or expenditures under subsection 1 of this section shall not have their dues, agency shop fees or other fees raised in lieu of the contribution of expenditure.

6. If the dues, agency shop fees or other fees referred to in subsections 1 and 3 of this section included an amount for a contribution or expenditure the dues, agency shop fees or other fees shall be reduced by that amount for any individual who does not sign an authorization as described under subsection 1 of this section.

7. The requirements of this section may not be waived by the member or individual and waiver of the requirements shall not be made a condition of employment or continued employment.

8. For the purposes of this section "agency shop" means an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization, or to pay the organization a service fee.

9. For the purposes of this section "labor organization" includes any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.

10. The provisions of this section shall be subject to the provisions of sections 130.072 and 130.081.

Section 4. 1. No employer or other person responsible for the disbursement of funds in payment of wages shall deduct any funds from an employee's wages that the employer knows or has reason to know will be used in whole or in part as a contribution or expenditure except upon the written request of the employee and received within the previous twelve months on a form as described by subsection 2 of this section.

2. The request referred to in subsection 1 of this section shall be made on a form, the sole purpose of which is for the documentation of such a request. The form shall be prescribed by the Missouri ethics commission, established pursuant to the provisions of section 105.955, RSMo, and at a minimum shall contain the name of the employee, the name of the employer, the total annual amount which is being withheld for a contribution or expenditure and the employee's signature. The form's title shall read, in at least twenty-four point bold type. "Request for Political Payroll Deductions" and shall also state, in at least fourteen point bold type, the following words immediately above the signature line:

"Signing this form authorizes your employer to make a deduction from your paycheck that is intended to be used as a political contribution or expenditure. You are not obligated to authorize this deduction. Your signature below is completely voluntary and cannot in any way affect your employment."

3. Each employer or other person who makes deductions under subsection 1 shall maintain records that shall include a copy of each employee's request, the amounts and dates funds were actually withheld, the amounts and dates funds were transferred to a committee and the committee to which the funds were transferred.

4. Copies of all records maintained under subdivision 3 shall be sent to the ethics commission, established pursuant to the provisions of section 105.955, RSMo.

5. The requirements of this section may not be waived by an employee and waiver of these requirements shall not be made a condition of employment or continued employment.

6. For the purposes of this section, "employer" has the same meaning as defined in section 288.032.

7. For the purposes of this section, "employee" means any person in the employment, as defined in section 288.034, of an employer.

8. For the purposes of this section "wages" has the same meaning as defined in section 288.036."; and

Further amend the title and enacting clause accordingly.

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

Senator Mathewson raised the point of order that SA 8 is out of order in that the amendment goes beyond the intent and scope of the bill.

Senator Quick assumed the Chair.

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

Senator Schneider raised the point of order that SA 8 is out of order as it goes beyond the subject matter of the bill.

Senator Johnson 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.

Senator Staples offered SA 9:

SENATE AMENDMENT NO. 9

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 1, Section A, Line 4 of said page, by inserting immediately after all of said line the following:

"Section 1. As used in this act, the following terms mean:

(1) "Arbitration", the procedure whereby the parties involved in an impasse or grievance dispute submit their differences to a third party for a final and binding decision or as otherwise provided in this act;

(2) "Board", the state board of mediation established pursuant to chapter 295, RSMo;

(3) "Confidential state employee", any state employee who works in the personnel offices of the state and deals with information to be used by the state in collective bargaining; or any state employee who works in a close, continuing relationship with state employee officers or representatives directly participating in collective bargaining on behalf of the state;

(4) "Collective bargaining", to "bargain collectively", or to "negotiate", to perform the mutual obligation of the state, by its representatives, and the representatives of its state employees to negotiate in good faith at reasonable times and places with respect to wages, hours, and other terms and conditions of employment and the continuation, notification, or deletion of an existing provision of a collective bargaining agreement, with the intention of reaching an agreement, or to resolve questions arising under the agreement. This includes executing a written contract incorporating the terms of any agreement reached. The obligation to bargain collectively does not mean that either party is compelled to agree to a proposal nor does it require the making of a concession;

(5) "Exclusive bargaining representative", a state employee organization certified as the exclusive bargaining representative by the board pursuant to the provisions of this act or voluntarily recognized by the state upon proof that a majority of the state employees in an appropriate bargaining unit have authorized said state employee organization to represent them for purposes of bargaining under this act;

(6) "Impasse", the failure of the state and the exclusive bargaining representative to reach agreement in the course of negotiations;

(7) "Mediation", assistance by an impartial third party to reconcile an impasse between the state and the exclusive bargaining representative regarding wages, hours, and other terms and conditions of employment through interpretation, suggestion, and advice;

(8) "Professional state employee", any state employee engaged in work predominantly intellectual and varied in character rather than routine mental, manual, mechanical, or physical work; involving the consistent exercise of discretion and judgment in its performance; of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes; or any state employee who has completed the courses of specialized intellectual instruction and study described above and is performing related work under the supervision of a professional person to qualify to become a professional state employee as defined above;

(9) "State employee", any individual employed by the state, except individuals exempted under the provisions of section 2 of this act;

(10) "State employee organization", an organization in which state employees participate and which exists for the purpose, in whole or in part, of dealing with states concerning grievances, labor disputes, wages, hours, and other terms and conditions of employment;

(11) "Strike", in concerted action with others, the state employee's refusal to report to duty, or willful absence from his or her position, or stoppage of work, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment, for the purpose of inducing, influencing, or coercing a change in the conditions, compensation, rights, privileges, or obligations of state employment;

(12) "Supervisor", a state employee who devotes a substantial amount of work time to supervisory duties, who customarily and regularly directs the work of two or more other state employees and who has the authority in the interest of the state to hire, promote or discipline other state employees or to recommend such actions effectively but does not include individuals who perform merely routine, incidental or clerical duties or who occasionally assume supervisory or directory roles or whose duties are substantially similar to those of their subordinates and does not include lead state employees, state employees who participate in peer review, state employee involvement programs or occasional state employee evaluation programs;

(13) "Temporary", foreseeable for a short period of time or for a fixed duration, rather than indefinite or indeterminate;

(14) "Appropriate unit", means a unit of state employees at any plant or installation or in a craft or in a function of the state which establishes a clear and identifiable community of interest among the state employees concerned.

Section 2. The following state employees shall be excluded from the provisions of this act:

(1) Elected officials and persons appointed to fill vacancies in elected offices, and members of any board or commission;

(2) Representatives of the state, including the administrative officer, director, or chief executive officer of the state, or major division thereof as well as his or her deputy, first assistant, and any non-bargaining unit supervisory state employees; provided, however, that nothing shall be construed to prohibit the state from bargaining with, and entering into a contract with a labor organization certified to represent a separate unit comprised solely of supervisors;

(3) Confidential state employees;

(4) Temporary state employees employed for a period of four months or less;

(5) State employees serving as commissioned and enlisted personnel of the Missouri national guard;

(6) Judges of the supreme court, judges of the court of appeals, circuit judges and associate circuit judges;

(7) Patients and inmates employed, sentenced or committed to any state or local institution;

(8) Missouri state highway patrol;

(9) State employees working directly for the general assembly of the state of Missouri;

(10) Any employees of a college or university.

Section 3. The state board of mediation shall administer the provisions of this act.

Section 4. Unless limited by the provisions of a collective bargaining agreement or by other statutory provisions, the state may:

(1) Direct the work of, hire, promote, assign, transfer, demote, suspend, discharge or terminate state employees;

(2) Determine qualifications for employment and the nature and content of personnel examinations; and

(3) Take actions as may be necessary to carry out the mission of the state in emergencies.

Section 5. State employees may:

(1) Organize, or form, join, or assist any state employee organization;

(2) Negotiate collectively through representatives of their own choosing;

(3) Engage in other concerted activities for the purposes of collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by this act or any other law of the state; and

(4) Refuse to join or participate in the activities of state employee organizations, including the payment of any dues, fees or assessments or service fees of any type except to the extent that such right may be affected by agreements between the state and a state employee organization which is the exclusive bargaining representative requiring, as a condition of employment, the payment of a service fee in lieu of, and in an amount not greater than, dues which are payable by members of the labor organization to cover the cost of negotiation, contract administration and other activities of the labor organization which are germane to its functions as exclusive bargaining representative. The exclusive representative shall, as a condition of receiving such service fees, establish a procedure which provides the following protections to nonmembers of the exclusive representative who are required to pay such fees and object to paying all or a portion thereof:

(a) Notice, in writing, of the fee which will be payable, which may be expressed in a dollar amount or a percentage of the dues payable by members, and the basis upon which the exclusive representative has determined such fee;

(b) An opportunity to challenge such determination and receive a prompt decision from an impartial arbitrator, provided, however, that the selection of such arbitrator may not represent the unrestricted choice of the exclusive representative; and

(c) Escrowing of any portion of the service fee paid by a challenging state employee which is reasonably in dispute pending the arbitrator's determination.

Such agreement may require the payment of a service fee commencing thirty days after the beginning of employment or the effective date of such agreement, whichever is later.

Section 6. The state and a state employee organization which is the exclusive bargaining representative shall meet at reasonable times, including meetings reasonably in advance of the state's budget making process, to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment. The collective bargaining agreement negotiated between the state and the exclusive bargaining representative shall contain a grievance resolution procedure which shall apply to all state employees in the bargaining unit and shall provide for final and binding arbitration of disputes concerning the arbitration or interpretation of the agreement including questions of arbitrability. The collective bargaining agreement negotiated between the state and the exclusive bargaining representative may also include a provision for the checkoff of initiation fees and dues to such labor organization or the payment of a service fee in lieu thereof as authorized by section 5 of this act. The state shall negotiate only with the exclusive bargaining representative on matters contained in this act. Such obligation to negotiate in good faith does not compel either party to agree to a proposal or make a concession.

Section 7. 1. It shall be a prohibited practice for any state or exclusive bargaining representative to refuse to negotiate in good faith with respect to the scope of negotiations as defined in section 6 of this act.

2. It shall be a prohibited practice for the state or its designated representative to:

(1) Interfere with, restrain or coerce state employees in the exercise of rights granted by this act;

(2) Dominate or interfere in the administration of any state employee organization;

(3) Encourage or discourage membership in any state employee organization, committee, or association by discrimination in hiring, tenure, or other terms or conditions of employment, except that nothing in this act shall prohibit the discharge of any state employee for failure to comply with the terms of an agreement authorized by section 5 of this act;

(4) Discharge or discriminate against any state employee because he or she has filed an affidavit, petition, or complaint or given any information or testimony under this act, or because he or she has formed, joined, or chosen to be represented by any exclusive bargaining representative;

(5) Refuse to negotiate collectively with representatives of any state employee organization which is an exclusive bargaining representative as required in this act;

(6) Deny the rights accompanying certification or exclusive recognition granted in this act;

(7) Refuse to participate in good faith in any agreed upon impasse procedures or those set forth in this act; or

(8) Refuse to reduce a collective bargaining agreement to writing and sign such agreement.

3. It shall be a prohibited practice for a state employee organization or its agents wilfully to:

(1) Interfere with, restrain, or coerce any state employee with respect to any of the rights under this act or in order to prevent or discourage his or her exercise of any such light, including, without limitation, all rights under section 5 of this act;

(2) Interfere, restrain, or coerce the state employee with respect to rights granted in this act or with respect to selecting a representative for purposes of negotiating collectively on the adjustment of grievances;

(3) Refuse to bargain collectively with the state as required in this act;

(4) Refuse to participate in good faith in any agreed upon impasse procedures or those set forth in this act; or

(5) Violate the impasse provisions of this act, which hereby are made applicable to states, state employees and exclusive representatives.

4. The expressing of any views, argument, or opinion or the dissemination thereof, whether in written, printed, graphic or visual form, shall not constitute or be evidence of any unfair labor practice under any provisions of this act if such expression contains no threat of reprisal or force or promise of benefit.

Section 8. Proceedings against a party alleging a violation of section 7 of this act shall be commenced and shall take place in accordance with procedures established pursuant to chapter 295, RSMo.

Section 9. 1. Nothing in this act shall be construed to annul or modify any collective bargaining agreement entered into between the state and exclusive representative prior to the effective date of this act.

2. The board determination of an appropriate bargaining unit shall be upon petition filed by a state employee organization or upon its own initiative.

3. Within thirty days of receipt of a petition or notice to all interested parties if on its own initiative, the board shall conduct a public hearing, receive written or oral testimony, and promptly thereafter file an order defining the appropriate bargaining unit. The board determination of an appropriate unit shall not be subject to judicial review.

4. There may be statewide bargaining by a coalition of all exclusive representatives, irrespective of state bargaining unit, concerning wages, fringe benefits and those matters which have uniform applicability to all state employees. Nothing in this act shall be construed to prohibit supplementary bargaining on behalf of state employees in a bargaining unit or part of a bargaining unit concerning matters uniquely affecting those state employees, or coordinated or consolidated bargaining between two or more bargaining units concerning matters uniquely affecting those state employees.

Section 10. 1. Board certification of a state employee organization as the exclusive bargaining representative of a bargaining unit shall be upon a petition filed with the board by the state, state employee, or a state employee organization and an election pursuant to section 11 of this act.

2. The petition of a state employee organization shall allege that the state employee organization has submitted a request to the state to bargain collectively with a designated group of state employees. The petition will be accompanied by written evidence that thirty percent of such state employees are members of the state employee organization or have authorized it to represent them for the purposes of collective bargaining.

3. For the purpose of decertification, the petition of the state employee shall allege that a state employee organization which has been certified or recognized as the exclusive bargaining representative of an appropriate unit does not represent a majority of such state employees and that the petitioners do not want to be represented by a state employee organization or seek certification of a different state employee organization. Such petition shall be accompanied by written evidence that thirty percent of such state employees do not want to be represented by a state employee organization or seek certification of a different state employee organization.

4. The petition of the state shall allege that it has received a request to bargain from a state employee organization which has not been certified as the exclusive representative of the state employees in an appropriate bargaining unit.

5. The board shall investigate the allegations of any petition and shall give reasonable notice of the receipt of such petition to all state employees, state employee organizations, and states named or described in such petitions or interested in the representation question. The board shall call an election under section 11 of this act within thirty days of receipt of a petition unless it finds that less than thirty percent of the state employees in the unit appropriate for collective bargaining support the petition for decertification or for certification, or the appropriate bargaining unit has not been determined pursuant to section 9 of this act.

6. The hearing and appeal procedures shall be the same as provided for in section 8 of this act.

Section 11. 1. Whenever a petition is filed by a state employee or state employee organization continuing the signatures of at least thirty percent of the state employees in an appropriate bargaining unit, the board shall conduct a secret ballot representation election to determine whether the state employees in the appropriate bargaining unit wish to be represented by an exclusive bargaining representative. The ballot shall contain the names of the petitioning state employee organization, any state employee organization submitting within ten days of the initial petition a petition containing signatures of at least ten percent of the state employees within the appropriate bargaining unit, and any incumbent labor organization. The ballot shall also contain a choice of no representation.

2. If none of the choices on the ballot receives the vote of a majority of the state employees voting, the board shall, within thirty days, conduct a run-off election among the two choices receiving the greatest number of votes.

3. Upon written objections filed by any party to the election within ten days after notice of the results of the election, if the board finds that misconduct or other circumstances prevented the state employees eligible to vote from freely expressing their preferences, the board may invalidate the election and hold a second or subsequent election for the state employees.

4. Upon completion of a valid election in which the majority choice of the bargaining unit state employees voting is determined, the board shall certify the results of the election, and shall give reasonable notice of the order to all state employee organizations listed on the ballot, the states, and the state employees in the appropriate bargaining unit. A state employee organization which is the majority choice of the bargaining unit state employees voting in a valid election under this section shall be certified by the board as the exclusive bargaining representative for the bargaining unit state employees.

5. A petition for decertification or certification of an exclusive bargaining representative shall not be considered by the board for a period of one year from the date of the certification or noncertification of an exclusive bargaining representative or during the duration of a collective bargaining agreement not to exceed three years. A petition for decertification will not be considered during the duration of a collective bargaining agreement unless the collective bargaining agreement has been in effect for more than three years or the petition for decertification is filed not more than two hundred ten days and not less than one hundred eighty days prior to the expiration of the collective bargaining agreement.

Section 12. 1. The state employee organization certified as the bargaining representative or voluntarily recognized by the state upon proof that a majority of the state employees in an appropriate bargaining unit have authorized such state employee organization to represent them for purposes of collective bargaining under this act shall be the exclusive representative of all state employees in the bargaining unit and shall represent all state employees fairly, except that any individual state employee or a group of state employees shall have the right at any time to present grievances to their state and to have such grievances adjusted, without the intervention of the bargaining representative, as long as the adjustment is not inconsistent with the terms of a collective bargaining contract or agreement then in effect and the exclusive bargaining representative has been given the opportunity to be present at such adjustment.

2. The state employee organization which is an exclusive bargaining representative and the state may designate any individual or individuals as its representatives to engage in collective bargaining negotiations. Upon demand of either party, collective bargaining between the state and an exclusive bargaining representative must begin within sixty days of the date of certification of the representative by the board or in the case of an existing exclusive bargaining representative, within sixty days of the receipt by a party of a demand issued by the other party.

3. Negotiating sessions, including strategy meetings of states or exclusive bargaining representatives, mediation and the deliberative process of arbitrators shall be exempt from the provisions of chapter 610, RSMo. The exclusive bargaining representative shall present his or her initial bargaining position to the state at the first bargaining session. The state shall present his or her initial bargaining position to the exclusive bargaining representative at the second bargaining session, which shall be held no later than two weeks following the first bargaining session.

Section 13. Notwithstanding any other provisions of law to the contrary, the following shall be exempt from the provisions of sections 610.010 to 610.030, RSMo:

(1) All discussions between the chief executive officers of the state, or its representative, and the general assembly of the state relative to collective bargaining;

(2) The collective bargaining negotiations between the chief executive officer, or his or her representative, and an exclusive bargaining representative; and

(3) All work products developed by the state in preparation for negotiations, and during negotiations.

Section 14. It shall be lawful for state employees to strike.

Section 15. Any state employee organization and state may sue or be sued as an entity under the provisions of this act. Service upon the state or upon the exclusive bargaining representative shall be in accordance with law or the rules of civil procedure, except that for purposes of actions and proceedings by or against exclusive bargaining representatives under this act, the circuit courts shall be deemed to have jurisdiction of an exclusive bargaining representative in the circuit in which such organization maintains its principal office, or in any circuit in which its duly authorized officers or agents are engaged in representing or acting for state employee members. Nothing in this act shall be construed to make any individual or his assets liable for any judgment against the state or an exclusive bargaining representative.

Section 16. Any notice required under the provisions of this act shall be in writing, but service thereof shall be sufficient if mailed by restricted certified mail, return receipt requested, addressed to the last known address of the parties, unless otherwise provided in this act. Refusal of restricted certified mail by any party shall be considered service. Prescribed time periods shall commence from the date of the receipt of the notice. Any party may at any time execute and deliver an acceptance of service in lieu of mailed notice.

Section 17. Every state employee organization which is certified as a representative of state employees under the provisions of this act shall file with the board two copies of the state employee organization's constitution and bylaws. Filing by a national or international state employee organization of its constitution and bylaws shall be accepted in lieu of filing of such documents by each subordinate organization. All changes or amendments to such constitutions and bylaws shall be promptly reported to the board.

Section 18. In case of any conflict between the provisions of this act and any other law, executive order or administrative regulation, the provisions of this act shall prevail and control.

Section 19. The provisions of this act are hereby declared to be severable. Should any of the provisions of this act be declared unconstitutional or in conflict with some other provisions of law, the remaining provisions of this act shall continue to be the law of the state relative to public employment relations."; and

Further amend said bill, Pages 1-12, Sections 105.500, 105.510, 105.520, 105.525 and 105.530, by striking all of said sections; and further amend by renumbering the remaining unassigned sections accordingly; and

Further amend said bill, Page 12, Section 1, Line 17 of said page, by striking the words "a public body" and inserting in lieu thereof the words "the state"; and further amend said page and section, line 20 of said page, by striking the words "public body" and inserting in lieu thereof the word "state"; and further amend said page and section, line 24 of said page, by striking the word "public" and inserting in lieu thereof the word "state"; and further amend said bill, page 13, section 1, line 5 of said page, by striking the word "public" and inserting in lieu thereof the word "state"; and further amend said page and section, line 7 of said page, by striking the word "public" and inserting in lieu thereof the word "state"; and further amend said page and section, line 10 of said page, by striking the word "public" and inserting in lieu thereof the word "state"; and further amend said page and section, line 12 of said page, by inserting immediately before the word "employment" the word "state"; and

Further amend said bill, Page 13, Section 2, Lines 14-15 of said page, by striking the following: "due process employee negotiations"; and

Further amend the title and enacting clause accordingly.

Senator Staples moved that the above amendment be adopted.

Senator Staples 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. 471, Pages 1-10, Sections 105.500, 105.510, 105.520 and 105.525, Line 4 of said page, by striking all of said sections; and further amend by renumbering the remaining unassigned sections accordingly; and

Further amend said bill, Page 12, Section 105.530, Line 14 of said page, by inserting immediately after all of said line the following:

"Section 1. As used in this act, the following terms mean:

(1) "Arbitration", the procedure whereby the parties involved in an impasse or grievance dispute submit their differences to a third party for a final and binding decision or as otherwise provided in this act;

(2) "Board", the state board of mediation established pursuant to chapter 295, RSMo;

(3) "Confidential state employee", any state employee who works in the personnel offices of the state and deals with information to be used by the state in collective bargaining; or any state employee who works in a close, continuing relationship with state employee officers or representatives directly participating in collective bargaining on behalf of the state;

(4) "Collective bargaining", to "bargain collectively", or to "negotiate", to perform the mutual obligation of the state, by its representatives, and the representatives of its state employees to negotiate in good faith at reasonable times and places with respect to wages, hours, and other terms and conditions of employment and the continuation, notification, or deletion of an existing provision of a collective bargaining agreement, with the intention of reaching an agreement, or to resolve questions arising under the agreement. This includes executing a written contract incorporating the terms of any agreement reached. The obligation to bargain collectively does not mean that either party is compelled to agree to a proposal nor does it require the making of a concession;

(5) "Exclusive bargaining representative", a state employee organization certified as the exclusive bargaining representative by the board pursuant to the provisions of this act or voluntarily recognized by the state upon proof that a majority of the state employees in an appropriate bargaining unit have authorized said state employee organization to represent them for purposes of bargaining under this act;

(6) "Impasse", the failure of the state and the exclusive bargaining representative to reach agreement in the course of negotiations;

(7) "Mediation", assistance by an impartial third party to reconcile an impasse between the state and the exclusive bargaining representative regarding wages, hours, and other terms and conditions of employment through interpretation, suggestion, and advice;

(8) "Professional state employee", any state employee engaged in work predominantly intellectual and varied in character rather than routine mental, manual, mechanical, or physical work; involving the consistent exercise of discretion and judgment in its performance; of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes; or any state employee who has completed the courses of specialized intellectual instruction and study described above and is performing related work under the supervision of a professional person to qualify to become a professional state employee as defined above;

(9) "State employee", any individual employed by the state, except individuals exempted under the provisions of section 2 of this act;

(10) "State employee organization", an organization in which state employees participate and which exists for the purpose, in whole or in part, of dealing with states concerning grievances, labor disputes, wages, hours, and other terms and conditions of employment;

(11) "Strike", in concerted action with others, the state employee's refusal to report to duty, or willful absence from his or her position, or stoppage of work, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment, for the purpose of inducing, influencing, or coercing a change in the conditions, compensation, rights, privileges, or obligations of state employment;

(12) "Supervisor", a state employee who devotes a substantial amount of work time to supervisory duties, who customarily and regularly directs the work of two or more other state employees and who has the authority in the interest of the state to hire, promote or discipline other state employees or to recommend such actions effectively but does not include individuals who perform merely routine, incidental or clerical duties or who occasionally assume supervisory or directory roles or whose duties are substantially similar to those of their subordinates and does not include lead state employees, state employees who participate in peer review, state employee involvement programs or occasional state employee evaluation programs;

(13) "Temporary", foreseeable for a short period of time or for a fixed duration, rather than indefinite or indeterminate.

(14) "Appropriate unit", means a unit of state employees at any plant or installation or in a craft or in a function of the state which establishes a clear and identifiable community of interest among the state employees concerned.

Section 2. The following state employees shall be excluded from the provisions of this act:

(1) Elected officials and persons appointed to fill vacancies in elected offices, and members of any board or commission;

(2) Representatives of the state, including the administrative officer, director, or chief executive officer of the state, or major division thereof as well as his or her deputy, first assistant, and any non-bargaining unit supervisory state employees; provided, however, that nothing shall be construed to prohibit the state from bargaining with, and entering into a contract with a labor organization certified to represent a separate unit comprised solely of supervisors;

(3) Confidential state employees;

(4) Temporary state employees employed for a period of four months or less;

(5) State employees serving as commissioned and enlisted personnel of the Missouri national guard;

(6) Judges of the supreme court, judges of the court of appeals, circuit judges and associate circuit judges;

(7) Patients and inmates employed, sentenced or committed to any state or local institution;

(8) Missouri state highway patrol;

(9) State employees working directly for the general assembly of the state of Missouri;

(10) Any employees of a college or university.

Section 3. The state board of mediation shall administer the provisions of this act.

Section 4. Unless limited by the provisions of a collective bargaining agreement or by other statutory provisions, the state may:

(1) Direct the work of, hire, promote, assign, transfer, demote, suspend, discharge or terminate state employees;

(2) Determine qualifications for employment and the nature and content of personnel examinations; and

(3) Take actions as may be necessary to carry out the mission of the state in emergencies.

Section 5. State employees may:

(1) Organize, or form, join, or assist any state employee organization;

(2) Negotiate collectively through representatives of their own choosing;

(3) Engage in other concerted activities for the purposes of collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by this act or any other law of the state; and

(4) Refuse to join or participate in the activities of state employee organizations, including the payment of any dues, fees or assessments or service fees of any type except to the extent that such right may be affected by agreements between the state and a state employee organization which is the exclusive bargaining representative requiring, as a condition of employment, the payment of a service fee in lieu of, and in an amount not greater than, dues which are payable by members of the labor organization to cover the cost of negotiation, contract administration and other activities of the labor organization which are germane to its functions as exclusive bargaining representative. The exclusive representative shall, as a condition of receiving such service fees, establish a procedure which provides the following protections to nonmembers of the exclusive representative who are required to pay such fees and object to paying all or a portion thereof:

(a) Notice, in writing, of the fee which will be payable, which may be expressed in a dollar amount or a percentage of the dues payable by members, and the basis upon which the exclusive representative has determined such fee;

(b) An opportunity to challenge such determination and receive a prompt decision from an impartial arbitrator, provided, however, that the selection of such arbitrator may not represent the unrestricted choice of the exclusive representative; and

(c) Escrowing of any portion of the service fee paid by a challenging state employee which is reasonably in dispute pending the arbitrator's determination.

Such agreement may require the payment of a service fee commencing thirty days after the beginning of employment or the effective date of such agreement, whichever is later.

Section 6. The state and a state employee organization which is the exclusive bargaining representative shall meet at reasonable times, including meetings reasonably in advance of the state's budget making process, to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment. The collective bargaining agreement negotiated between the state and the exclusive bargaining representative shall contain a grievance resolution procedure which shall apply to all state employees in the bargaining unit and shall provide for final and binding arbitration of disputes concerning the arbitration or interpretation of the agreement including questions of arbitrability. The collective bargaining agreement negotiated between the state and the exclusive bargaining representative may also include a provision for the checkoff of initiation fees and dues to such labor organization or the payment of a service fee in lieu thereof as authorized by section 5 of this act. The state shall negotiate only with the exclusive bargaining representative on matters contained in this act. Such obligation to negotiate in good faith does not compel either party to agree to a proposal or make a concession.

Section 7. 1. It shall be a prohibited practice for any state or exclusive bargaining representative to refuse to negotiate in good faith with respect to the scope of negotiations as defined in section 6 of this act.

2. It shall be a prohibited practice for the state or its designated representative to:

(1) Interfere with, restrain or coerce state employees in the exercise of rights granted by this act;

(2) Dominate or interfere in the administration of any state employee organization;

(3) Encourage or discourage membership in any state employee organization, committee, or association by discrimination in hiring, tenure, or other terms or conditions of employment, except that nothing in this act shall prohibit the discharge of any state employee for failure to comply with the terms of an agreement authorized by section 5 of this act;

(4) Discharge or discriminate against any state employee because he or she has filed an affidavit, petition, or complaint or given any information or testimony under this act, or because he or she has formed, joined, or chosen to be represented by any exclusive bargaining representative;

(5) Refuse to negotiate collectively with representatives of any state employee organization which is an exclusive bargaining representative as required in this act;

(6) Deny the rights accompanying certification or exclusive recognition granted in this act;

(7) Refuse to participate in good faith in any agreed upon impasse procedures or those set forth in this act; or

(8) Refuse to reduce a collective bargaining agreement to writing and sign such agreement.

3. It shall be a prohibited practice for a state employee organization or its agents wilfully to:

(1) Interfere with, restrain, or coerce any state employee with respect to any of the rights under this act or in order to prevent or discourage his or her exercise of any such light, including, without limitation, all rights under section 5 of this act;

(2) Interfere, restrain, or coerce the state employee with respect to rights granted in this act or with respect to selecting a representative for purposes of negotiating collectively on the adjustment of grievances;

(3) Refuse to bargain collectively with the state as required in this act;

(4) Refuse to participate in good faith in any agreed upon impasse procedures or those set forth in this act; or

(5) Violate the impasse provisions of this act, which hereby are made applicable to states, state employees and exclusive representatives.

4. The expressing of any views, argument, or opinion or the dissemination thereof, whether in written, printed, graphic or visual form, shall not constitute or be evidence of any unfair labor practice under any provisions of this act if such expression contains no threat of reprisal or force or promise of benefit.

Section 8. Proceedings against a party alleging a violation of section 7 of this act shall be commenced and shall take place in accordance with procedures established pursuant to chapter 295, RSMo.

Section 9. 1. Nothing in this act shall be construed to annul or modify any collective bargaining agreement entered into between the state and exclusive representative prior to the effective date of this act.

2. The board determination of an appropriate bargaining unit shall be upon petition filed by a state employee organization or upon its own initiative.

3. Within thirty days of receipt of a petition or notice to all interested parties if on its own initiative, the board shall conduct a public hearing, receive written or oral testimony, and promptly thereafter file an order defining the appropriate bargaining unit. The board determination of an appropriate unit shall not be subject to judicial review.

4. There may be statewide bargaining by a coalition of all exclusive representatives, irrespective of state bargaining unit, concerning wages, fringe benefits and those matters which have uniform applicability to all state employees. Nothing in this act shall be construed to prohibit supplementary bargaining on behalf of state employees in a bargaining unit or part of a bargaining unit concerning matters uniquely affecting those state employees, or coordinated or consolidated bargaining between two or more bargaining units concerning matters uniquely affecting those state employees.

Section 10. 1. Board certification of a state employee organization as the exclusive bargaining representative of a bargaining unit shall be upon a petition filed with the board by the state, state employee, or a state employee organization and an election pursuant to section 11 of this act.

2. The petition of a state employee organization shall allege that the state employee organization has submitted a request to the state to bargain collectively with a designated group of state employees. The petition will be accompanied by written evidence that thirty percent of such state employees are members of the state employee organization or have authorized it to represent them for the purposes of collective bargaining.

3. For the purpose of decertification, the petition of the state employee shall allege that a state employee organization which has been certified or recognized as the exclusive bargaining representative of an appropriate unit does not represent a majority of such state employees and that the petitioners do not want to be represented by a state employee organization or seek certification of a different state employee organization. Such petition shall be accompanied by written evidence that thirty percent of such state employees do not want to be represented by a state employee organization or seek certification of a different state employee organization.

4. The petition of the state shall allege that it has received a request to bargain from a state employee organization which has not been certified as the exclusive representative of the state employees in an appropriate bargaining unit.

5. The board shall investigate the allegations of any petition and shall give reasonable notice of the receipt of such petition to all state employees, state employee organizations, and states named or described in such petitions or interested in the representation question. The board shall call an election under section 11 of this act within thirty days of receipt of a petition unless it finds that less than thirty percent of the state employees in the unit appropriate for collective bargaining support the petition for decertification or for certification, or the appropriate bargaining unit has not been determined pursuant to section 9 of this act.

6. The hearing and appeal procedures shall be the same as provided for in section 8 of this act.

Section 11. 1. Whenever a petition is filed by a state employee or state employee organization continuing the signatures of at least thirty percent of the state employees in an appropriate bargaining unit, the board shall conduct a secret ballot representation election to determine whether the state employees in the appropriate bargaining unit wish to be represented by an exclusive bargaining representative. The ballot shall contain the names of the petitioning state employee organization, any state employee organization submitting within ten days of the initial petition a petition containing signatures of at least ten percent of the state employees within the appropriate bargaining unit, and any incumbent labor organization. The ballot shall also contain a choice of no representation.

2. If none of the choices on the ballot receives the vote of a majority of the state employees voting, the board shall, within thirty days, conduct a run-off election among the two choices receiving the greatest number of votes.

3. Upon written objections filed by any party to the election within ten days after notice of the results of the election, if the board finds that misconduct or other circumstances prevented the state employees eligible to vote from freely expressing their preferences, the board may invalidate the election and hold a second or subsequent election for the state employees.

4. Upon completion of a valid election in which the majority choice of the bargaining unit state employees voting is determined, the board shall certify the results of the election, and shall give reasonable notice of the order to all state employee organizations listed on the ballot, the states, and the state employees in the appropriate bargaining unit. A state employee organization which is the majority choice of the bargaining unit state employees voting in a valid election under this section shall be certified by the board as the exclusive bargaining representative for the bargaining unit state employees.

5. A petition for decertification or certification of an exclusive bargaining representative shall not be considered by the board for a period of one year from the date of the certification or noncertification of an exclusive bargaining representative or during the duration of a collective bargaining agreement not to exceed three years. A petition for decertification will not be considered during the duration of a collective bargaining agreement unless the collective bargaining agreement has been in effect for more than three years or the petition for decertification is filed not more than two hundred ten days and not less than one hundred eighty days prior to the expiration of the collective bargaining agreement.

Section 12. 1. The state employee organization certified as the bargaining representative or voluntarily recognized by the state upon proof that a majority of the state employees in an appropriate bargaining unit have authorized such state employee organization to represent them for purposes of collective bargaining under this act shall be the exclusive representative of all state employees in the bargaining unit and shall represent all state employees fairly, except that any individual state employee or a group of state employees shall have the right at any time to present grievances to their state and to have such grievances adjusted, without the intervention of the bargaining representative, as long as the adjustment is not inconsistent with the terms of a collective bargaining contract or agreement then in effect and the exclusive bargaining representative has been given the opportunity to be present at such adjustment.

2. The state employee organization which is an exclusive bargaining representative and the state may designate any individual or individuals as its representatives to engage in collective bargaining negotiations. Upon demand of either party, collective bargaining between the state and an exclusive bargaining representative must begin within sixty days of the date of certification of the representative by the board or in the case of an existing exclusive bargaining representative, within sixty days of the receipt by a party of a demand issued by the other party.

3. Negotiating sessions, including strategy meetings of states or exclusive bargaining representatives, mediation and the deliberative process of arbitrators shall be exempt from the provisions of chapter 610, RSMo. The exclusive bargaining representative shall present his or her initial bargaining position to the state at the first bargaining session. The state shall present his or her initial bargaining position to the exclusive bargaining representative at the second bargaining session, which shall be held no later than two weeks following the first bargaining session.

Section 13. Notwithstanding any other provisions of law to the contrary, the following shall be exempt from the provisions of sections 610.010 to 610.030, RSMo:

(1) All discussions between the chief executive officers of the state, or its representative, and the general assembly of the state relative to collective bargaining;

(2) The collective bargaining negotiations between the chief executive officer, or his or her representative, and an exclusive bargaining representative; and

(3) All work products developed by the state in preparation for negotiations, and during negotiations.

Section 14. It shall not be lawful for state employees to strike.

Section 15. Any state employee organization and state may sue or be sued as an entity under the provisions of this act. Service upon the state or upon the exclusive bargaining representative shall be in accordance with law or the rules of civil procedure, except that for purposes of actions and proceedings by or against exclusive bargaining representatives under this act, the circuit courts shall be deemed to have jurisdiction of an exclusive bargaining representative in the circuit in which such organization maintains its principal office, or in any circuit in which its duly authorized officers or agents are engaged in representing or acting for state employee members. Nothing in this act shall be construed to make any individual or his assets liable for any judgment against the state or an exclusive bargaining representative.

Section 16. Any notice required under the provisions of this act shall be in writing, but service thereof shall be sufficient if mailed by restricted certified mail, return receipt requested, addressed to the last known address of the parties, unless otherwise provided in this act. Refusal of restricted certified mail by any party shall be considered service. Prescribed time periods shall commence from the date of the receipt of the notice. Any party may at any time execute and deliver an acceptance of service in lieu of mailed notice.

Section 17. Every state employee organization which is certified as a representative of state employees under the provisions of this act shall file with the board two copies of the state employee organization's constitution and bylaws. Filing by a national or international state employee organization of its constitution and bylaws shall be accepted in lieu of filing of such documents by each subordinate organization. All changes or amendments to such constitutions and bylaws shall be promptly reported to the board.

Section 18. In case of any conflict between the provisions of this act and any other law, executive order or administrative regulation, the provisions of this act shall prevail and control.

Section 19. The provisions of this act are hereby declared to be severable. Should any of the provisions of this act be declared unconstitutional or in conflict with some other provisions of law, the remaining provisions of this act shall continue to be the law of the state relative to public employment relations."; and

Further amend said bill, Page 12, Section 1, Line 17 of said page, by striking the words "a public body" and inserting in lieu thereof the words "the state"; and further amend said page and section, line 20 of said page, by striking the words "public body" and inserting in lieu thereof the word "state"; and further amend said page and section, line 24 of said page, by striking the word "public" and inserting in lieu thereof the word "state"; and further amend said bill, page 13, section 1, line 5 of said page, by striking the word "public" and inserting in lieu thereof the word "state"; and further amend said page and section, line 7 of said page, by striking the word "public" and inserting in lieu thereof the word "state"; and further amend said page and section, line 10 of said page, by striking the word "public" and inserting in lieu thereof the word "state"; and further amend said page and section, line 12 of said page, by inserting immediately before the word "employment" the word "state"; and

Further amend said bill, Page 13, Section 2, Lines 14-15 of said page, by striking the following: "due process employee negotiations"; and

Further amend the title and enacting clause accordingly.

Senator Staples moved that the above substitute amendment be adopted.

Senator Rohrbach raised the point of order that SSA 1 for SA 9 is out of order in that it attempts to amend previously amended material.

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

SSA 1 for SA 9 was again taken up.

Senator Schneider offered SA 1 to SSA 1 for SA 9, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 9

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 9 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 6, Section 2, Line 2, by deleting line 2.

Senator Schneider moved that the above amendment be adopted.

Senator Staples raised the point of order that SA 1 to SSA 1 for SA 9 is out of order in that it is in the third degree.

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

SA 1 to SSA 1 for SA 9 was again taken up.

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

Senator Schneider offered SA 2 to SSA 1 for SA 9, which was read:

SENATE AMENDMENT NO. 2 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 9

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 9 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 2, Section 1, Line 4, by inserting after the word "employees" the words "and employees of all political subdivisions of the state except those wholly or partly within a second, third or fourth class county.".

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

SA 2 to SSA 1 for SA 9 failed of adoption by the following vote:

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

Senator Kinder offered SA 3 to SSA 1 for SA 9:

SENATE AMENDMENT NO. 3 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 9

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 9 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 18, Section 19, Line 18, by inserting immediately after said line the following:

"Section 20. 1. No public employee labor organization shall use any portion of dues, agency shop fees, or any other fees paid by members of the labor organization, or individuals who are not members, to make contributions or expenditures except upon the written authorization of the member, or individual who is not a member, received within the previous twelve months on a form as provided in subsection 2 of this section.

2. The authorization referred to in subsection 1 shall be provided on a form, the sole purpose of which is for the documentation of such an authorization. The form shall be prescribed by the commission and at a minimum shall contain the name of the individual granting the authorization, the labor organization to which the authorization is granted, the total annual amount of the dues, agency shop fees, or any other fees which will be used to make contributions or expenditures and the signature of the individual granting the authorization. The form's title shall read, in at least twenty-four point bold type, "Authorization for Political Use of Fees" and shall also state, in at least 14 point bold type, the following words immediately above the signature line:

"Signing this form authorizes a portion of your dues, agency shop fees, or other fees to be used for making political contributions or expenditures. You are not obligated to sign this authorization. Your signature below is completely voluntary and cannot in any way affect your employment."

3. Any public employee labor organization that uses any portion of dues, agency shop fees or other fees to make contributions or expenditures under subsection 1 of this section shall maintain records that shall include a copy of each authorization obtained under subsection 2 of this section, the amounts and dates funds were actually withheld, the amounts and dates funds were transferred to a committee and the committee to which the funds were transferred.

4. Copies of all records maintained under subsection 3 of this section shall be sent to the ethics commission, established pursuant to the provisions of section 105.955, RSMo.

5. Individuals who do not authorize contributions or expenditures under subsection 1 of this section shall not have their dues, agency shop fees or other fees raised in lieu of the contribution of expenditure.

6. If the dues, agency shop fees or other fees referred to in subsections 1 and 3 of this section included an amount for a contribution or expenditure the dues, agency shop fees or other fees shall be reduced by that amount for any individual who does not sign an authorization as described under subsection 1 of this section.

7. The requirements of this section may not be waived by the member or individual and waiver of the requirements shall not be made a condition of employment or continued employment.

8. For the purposes of this section "agency shop" means an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization, or to pay the organization a service fee.

9. The provisions of this section shall be subject to the provisions of sections 130.072 and 130.081.

Section 21. 1. No employer or other person responsible for the disbursement of funds in payment of wages shall deduct any funds from an employee's wages that the employer knows or has reason to know will be used in whole or in part as a contribution or expenditure except upon the written request of the employee and received within the previous twelve months on a form as described by subsection 2 of this section.

2. The request referred to in subsection 1 of this section shall be made on a form, the sole purpose of which is for the documentation of such a request. The form shall be prescribed by the Missouri ethics commission, established pursuant to the provisions of section 105.955, RSMo, and at a minimum shall contain the name of the employee, the name of the employer, the total annual amount which is being withheld for a contribution or expenditure and the employee's signature. The form's title shall read, in at least twenty-four point bold type. "Request for Political Payroll Deductions" and shall also state, in at least fourteen point bold type, the following words immediately above the signature line:

"Signing this form authorizes your employer to make a deduction from your paycheck that is intended to be used as a political contribution or expenditure. You are not obligated to authorize this deduction. Your signature below is completely voluntary and cannot in any way affect your employment."

3. Each employer or other person who makes deductions under subsection 1 shall maintain records that shall include a copy of each employee's request, the amounts and dates funds were actually withheld, the amounts and dates funds were transferred to a committee and the committee to which the funds were transferred.

4. Copies of all records maintained under subdivision 3 shall be sent to the ethics commission, established pursuant to the provisions of section 105.955, RSMo.

5. The requirements of this section may not be waived by an employee and waiver of these requirements shall not be made a condition of employment or continued employment.

6. For the purposes of this section, "employer" has the same meaning as defined in section 288.032.

7. For the purposes of this section, "employee" means any person in the employment, as defined in section 288.034, of an employer.

8. For the purposes of this section "wages" has the same meaning as defined in section 288.036."; and

Further amend the title and enacting clause accordingly.

Senator Kinder moved that the above amendment be adopted.

President Wilson assumed the Chair.

Senator Schneider raised the point of order that SA 3 to SSA 1 for SA 9 is out of order in that it goes beyond the subject matter of the bill.

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

President Pro Tem McKenna assumed the Chair.

Senator Kinder requested a roll call vote be taken on the adoption of SA 3 to SSA 1 for SA 9 and was joined in his request by Senators Mueller, Russell, Schneider and Westfall.

Senator Schneider raised the point of order that SA 3 to SSA 1 for SA 9 is out of order in that the amendment goes beyond the subject matter of the bill.

At the request of Senator Kinder, SA 3 to SSA 1 for SA 9 was withdrawn, rendering the point of order moot.

Senator Kinder offered SA 4 to SSA 1 for SA 9:

SENATE AMENDMENT NO. 4 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 9

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 9 to Senate Substitute for Senate Committee Substitute for Senate Bill No. 471, Page 18, Section 19, Line 18, by inserting immediately after said line the following:

"Section 20. 1. No public employee labor organization shall use any portion of dues, agency shop fees, or any other fees paid by members of the labor organization, or individuals who are not members, to make contributions or expenditures except upon the written authorization of the member, or individual who is not a member, received within the previous twelve months on a form as provided in subsection 2 of this section.

2. The authorization referred to in subsection 1 shall be provided on a form, the sole purpose of which is for the documentation of such an authorization. The form shall be prescribed by the commission and at a minimum shall contain the name of the individual granting the authorization, the labor organization to which the authorization is granted, the total annual amount of the dues, agency shop fees, or any other fees which will be used to make contributions or expenditures and the signature of the individual granting the authorization. The form's title shall read, in at least twenty-four point bold type, "Authorization for Political Use of Fees" and shall also state, in at least 14 point bold type, the following words immediately above the signature line:

"Signing this form authorizes a portion of your dues, agency shop fees, or other fees to be used for making political contributions or expenditures. You are not obligated to sign this authorization. Your signature below is completely voluntary and cannot in any way affect your employment."

3. Any public employee labor organization that uses any portion of dues, agency shop fees or other fees to make contributions or expenditures under subsection 1 of this section shall maintain records that shall include a copy of each authorization obtained under subsection 2 of this section, the amounts and dates funds were actually withheld, the amounts and dates funds were transferred to a committee and the committee to which the funds were transferred.

4. Copies of all records maintained under subsection 3 of this section shall be sent to the ethics commission, established pursuant to the provisions of section 105.955, RSMo.

5. Individuals who do not authorize contributions or expenditures under subsection 1 of this section shall not have their dues, agency shop fees or other fees raised in lieu of the contribution of expenditure.

6. If the dues, agency shop fees or other fees referred to in subsections 1 and 3 of this section included an amount for a contribution or expenditure the dues, agency shop fees or other fees shall be reduced by that amount for any individual who does not sign an authorization as described under subsection 1 of this section.

7. The requirements of this section may not be waived by the member or individual and waiver of the requirements shall not be made a condition of employment or continued employment.

8. For the purposes of this section "agency shop" means an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization, or to pay the organization a service fee.

9. The provisions of this section shall be subject to the provisions of sections 130.072 and 130.081.

Section 21. 1. No employer of any employee who belongs to a labor organization that represents public employees or other person responsible for the disbursement of funds in payment of wages shall deduct any funds from an employee's wages that such employer knows or has reason to know will be used in whole or in part as a contribution or expenditure except upon the written request of the employee and received within the previous twelve months on a form as described by subsection 2 of this section.

2. The request referred to in subsection 1 of this section shall be made on a form, the sole purpose of which is for the documentation of such a request. The form shall be prescribed by the Missouri ethics commission, established pursuant to the provisions of section 105.955, RSMo, and at a minimum shall contain the name of the employee, the name of the employer, the total annual amount which is being withheld for a contribution or expenditure and the employee's signature. The form's title shall read, in at least twenty-four point bold type. "Request for Political Payroll Deductions" and shall also state, in at least fourteen point bold type, the following words immediately above the signature line:

"Signing this form authorizes your employer to make a deduction from your paycheck that is intended to be used as a political contribution or expenditure. You are not obligated to authorize this deduction. Your signature below is completely voluntary and cannot in any way affect your employment."

3. Each such employer or other person who makes deductions under subsection 1 shall maintain records that shall include a copy of each employee's request, the amounts and dates funds were actually withheld, the amounts and dates funds were transferred to a committee and the committee to which the funds were transferred.

4. Copies of all records maintained under subdivision 3 shall be sent to the ethics commission, established pursuant to the provisions of section 105.955, RSMo.

5. The requirements of this section may not be waived by an employee and waiver of these requirements shall not be made a condition of employment or continued employment.

6. For the purposes of this section, "employee" means any person in the employment, as defined in section 288.034, of a public entity.

7. For the purposes of this section "wages" has the same meaning as defined in section 288.036."; and

Further amend the title and enacting clause accordingly.

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

SA 4 to SSA 1 for SA 9 failed of adoption by the following vote:

YEAS--Senators
Bentley Childers Ehlmann Flotron
Graves Kenney Kinder Klarich
Mueller Rohrbach Russell Singleton
Westfall Yeckel--14
NAYS--Senators
Banks Caskey Clay Curls
DePasco Goode House Howard
Jacob Johnson Lybyer Mathewson
Maxwell McKenna Quick Schneider
Scott Staples Wiggins--19
Absent--Senator Sims--1
Absent with leave--Senators--None

SSA 1 for SA 9, as amended, was again taken up.

Senator Schneider requested a roll call vote be taken on the adoption of SSA 1 for SA 9, as amended. He was joined in his request by Senators Mathewson, Quick, Russell and Wiggins.

SSA 1 for SA 9, as amended, failed of adoption by the following vote:

YEAS--Senators
Banks Childers Howard Staples
Westfall--5
NAYS--Senators
Bentley Caskey Clay Curls
DePasco Ehlmann Flotron Goode
Graves House Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Wiggins
Yeckel--29
Absent--Senators--None
Absent with leave--Senators--None

At the request of Senator Staples, SA 9 was withdrawn.

Senator Flotron requested a roll call vote be taken on the perfection of SS for SCS for SB 471, as amended, and was joined in his request by Senators Childers, Kenney, Sims and Westfall.

Senator Schneider moved that SS for SCS for SB 471, as amended, be adopted, which motion prevailed.

President Wilson assumed the Chair.

Senator Schneider moved that SS for SCS for SB 471, as amended, be declared perfected and ordered printed, which motion failed by the following vote:

YEAS--Senators
Banks Caskey Clay Curls
DePasco Goode House Jacob
Mathewson Maxwell McKenna Quick
Schneider Scott Wiggins--15
NAYS--Senators
Bentley Childers Ehlmann Flotron
Graves Johnson Kenney Kinder
Klarich Lybyer Mueller Rohrbach
Russell Sims Singleton Staples
Westfall Yeckel--18
Absent--Senator Howard--1
Absent with leave--Senators--None

HOUSE BILLS ON SECOND READING

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

HB 1126--Financial and Governmental Organization.

HS for HCS for HB 1317--Transportation.

HB 1381--Elections, Pensions and Veterans' Affairs.

HB 1564--Appropriations.

HCS for HB 1684--Aging, Families and Mental Health.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SCS for SB 802; SB 566; SCS for SB 871; SCS for SBs 813 and 864; SCS for SB 762; SCS for SB 613; and SCS for SB 522, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

BILL REFERRALS

President Pro Tem McKenna referred SCS for SB 613; SCS for SBs 813 and 864; SCS for SB 522 and SCS for SB 802 to the Committee on State Budget Control.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 940.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 739, entitled:

An Act to repeal section 64.241, RSMo 1994, relating to regulation of subdivisions, and to enact in lieu thereof three new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 884.

Bill ordered enrolled.

RESOLUTIONS

Senator Clay offered Senate Resolution No. 1667, regarding Reverend Dr. James D. Dixon, II, St. Louis, which was adopted.

Senator Staples offered Senate Resolution No. 1668, regarding Dr. John Fox, Poplar Bluff, which was adopted.

Senator Graves offered Senate Resolution No. 1669, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Jesse Hunter, Unionville, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Mueller introduced to the Senate, Duane and Dr. Jacquelyn B. Dilworth, and their children Lynn and Sonny, St. Louis; and Lynn and Sonny were made honorary pages.

Senator Caskey introduced to the Senate, Bill and Shelly Huntington, and their children, Casey, Hannah and Ross; and Ashton Albert and Lauren Zelazek, Warrensburg; and Casey was made an honorary page.

On behalf of Senator McKenna, the President introduced to the Senate, Dick Hutson, and a delegation representing Festus High School, St. Pius, Herculaneum and Crystal City in the American Legion Post 253 State Government Day.

Senator Jacob introduced to the Senate, Justin and Ryan Grout, Huntsville; and Justin and Ryan were made honorary pages.

Senator Graves introduced to the Senate, David Macoubrie, Gloria Colter, and sixth grade students from Chillicothe.

Senator Graves introduced to the Senate, Terry Colt, Kelly Sensenrich and Kenneth Stoll, Chillicothe.

Senator Childers introduced to the Senate, Larry Lafferty, Sharron Lewandowski, Raymon Barnes, and fifteen eighth grade students from Plainview R-8, Ava.

Senator Rohrbach introduced to the Senate, Carolyn Adams, and twenty fourth grade students from Pilot Grove Elementary School, Pilot Grove.

Senator Howard introduced to the Senate, Mayor Bruce White, Tallapoosa; Glenda Miller and Doris Green, Dudley; Catherine Odle and Alta Rader, Risco; Mayor Bill Clark, Cardwell; Peggy Brewington, Gideon; Mayor Charlie Barker, Qulin; Dale Pry, Butler County; Mayor Lindell Booker, Steele; Mayor Sondra Booker, Holland; Mayor Lonnie Miller, Wardell; Mayor Willard Adams, Bernie; Ron and Bonnie Yersak, Dexter; and Gary Storey, Freeburg.

On behalf of Senators Mueller, House and herself, Senator Sims introduced to the Senate, Pachyderms from St. Louis and St. Charles Counties.

Senator Childers introduced to the Senate, LaJena Witt, Katie Davis, Mary Arnold, Rick and Beth Crawford and Trish Thompson, Branson; Stephanie Smith, Alisha Walter and Tammy Roberts, Hollister; Mandy Morton and Chrissy Stuart, Forsyth; and Laura Brown and Alyssa Neal, Bradleyville.

Senator Lybyer introduced to the Senate, Barry Reynolds, and eighth grade students from Licking.

Senator DePasco introduced to the Senate, forty members of the VIP Class from the First Presbyterian Church Sunday School Class, Independence.

Senator Singleton introduced to the Senate, Diane Sharits, Carthage.

On behalf of Senator Johnson, the President introduced to the Senate, Diane Marty, Parkville.

Senator Graves introduced to the Senate, Denise Ray, and twenty fifth and sixth grade students from North Daviess School, Daviess County.

Senator House introduced to the Senate, Kristin Beuhler, and forty-two students, parents and teachers from Central Elementary School, St. Charles County.

Senator Maxwell introduced to the Senate, Peggy Mohan, Mary Tietsort, and thirty juniors from La Plata Junior High School, La Plata; and fourth grade students from Eugene Field School, Mexico; and Michelle Hermann, Stacy Snodgrass and Susan Swisher were made honorary pages.

Senator Graves introduced to the Senate, Daisy Workman, Kathy King, and students from Nodaway County.

Senator Graves introduced to the Senate, Bette Williams, Brennan Delaney, Sally Frede, Zeke Hughes, Diana Dakan, and students from Holt County.

On behalf of Senator McKenna, the President introduced to the Senate, H. Claire Conway and her daughter, Michelle, House Springs; and Hans Ridder, Beth Remming, Valerie Kennedy, Mike Arnhart and Lieutenant Ed Moses.

Senator Westfall introduced to the Senate, Faye Peters, Halfway.

Senator Johnson introduced to the Senate, Helen Weigman, June Kisker and Bev McConnell, Weston.

Senator Johnson introduced to the Senate, Oneida Gillispie, Savannah; Melissa Taylor, Bolckow; and Kandi Kepner, St. Joseph; and Melissa and Kandi were made honorary pages.

Senator Childers introduced to the Senate, Kristen Stephenson, and forty-one seventh grade students from Crane Middle School, Crane.

Senator Singleton introduced to the Senate, Patrick Kelly, Joe Whaley and Mary A. Strohl, Newton County.

Senator Caskey introduced to the Senate, Youth Yancey, Wayne Morrill, and representatives for Youth in Government Day sponsored by Matthews-Crawford Post No. 131, Warrensburg; and Mark Vollrath, Valerie Jennings, Brandi Anstine and Clayton Kennedy were made honorary pages.

Senator Yeckel introduced to the Senate, Laura Howard, and fifth grade students from Salem Lutheran School, St. Louis; and Becky Tenholder, Bryan Schranz and Becky Hoyer were made honorary pages.

Senator Rohrbach introduced to the Senate, his wife, Beth, and Terry Borghardt, California.

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