Journal of the Senate

SECOND REGULAR SESSION


SIXTY-THIRD DAY--MONDAY, MAY 4, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, the Psalmist said, "The Lord is the strength of my life." In these last two weeks we need strength to finish the job. Give us strength for the good things we have been given to do. Give us wisdom to use our strength to good advantage. In Jesus Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal for Thursday, April 30, 1998, 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.


RESOLUTIONS

Senator Flotron offered Senate Resolution No. 1809, regarding JoAnn Black, which was adopted.

Senator Jacob offered Senate Resolution No. 1810, regarding the Ninetieth Birthday of Mrs. Thelma G. Calvin, Columbia, which was adopted.

Senator Rohrbach offered Senate Resolution No. 1811, regarding Stuart Klingensmith, which was adopted.

Senator Rohrbach offered Senate Resolution No. 1812, regarding the One Hundredth Birthday of Emma Luetkemeyer, St. Elizabeth, which was adopted.

Senator Scott offered Senate Resolution No. 1813, regarding Representative F. E. (Gene) Copeland, New Madrid, which was adopted.

Senators Mueller and Caskey offered Senate Resolution No. 1814, regarding the death of Leo E. Eickhoff, Jr., Des Peres, which was adopted.

Senator McKenna offered Senate Resolution No. 1815, regarding Freeman P. McCullah, Chesterfield, which was adopted.

Senator Graves offered Senate Resolution No. 1816, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Guy Schooler, Princeton, which was adopted.

Senator Graves offered Senate Resolution No. 1817, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Clifford Souders, Trenton, which was adopted.

Senator Graves offered Senate Resolution No. 1818, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Bob Pierce, Grant City, which was adopted.

Senator Graves offered Senate Resolution No. 1819, regarding Sue Dorrel, Maryville, which was adopted.

Senator Graves offered Senate Resolution No. 1820, regarding the Eighty-fifth Birthday of Mr. Harry Emrick, Fairfax, which was adopted.

Senator Graves offered Senate Resolution No. 1821, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Marion "Bob" Peterson, Clarksdale, which was adopted.

Senator Graves offered Senate Resolution No. 1822, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. B. G. Clark, King City, which was adopted.

PRIVILEGED MOTIONS

Senator Staples moved that the Senate refuse to concur in HCS for SB 883, as amended, and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

THIRD READING OF SENATE BILLS

SB 709, introduced by Senator DePasco, entitled:

An Act to repeal section 115.351, RSMo 1994, relating to the establishment of a presidential preference primary, and to enact in lieu thereof twelve new sections relating to the same subject.

Was taken up.

On motion of Senator DePasco, SB 709 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
DePasco Ehlmann Goode Graves
Jacob Johnson Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Quick Russell Scott Sims
Singleton Staples Wiggins Yeckel--24
NAYS--Senators
Flotron Howard Kenney Mueller
Rohrbach Westfall--6
Absent--Senators
Curls House Schneider--3
Absent with leave--Senator Bentley--1

The President Pro Tem declared the bill passed.

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

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

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

SS for SCS for SBs 771 and 687, introduced by Senator Sims, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 771 and 687

An Act to repeal sections 104.540, 210.720, 210.826, 210.830, 211.183, 211.464, 452.150, 452.310, 452.355, 452.377, 452.405, 452.411, 452.416, 452.600, 452.605, 453.160 and 454.432, RSMo 1994, and sections 192.016, 193.215, 210.109, 210.822, 211.444, 211.171, 211.447, 287.820, 452.340, 452.375, 452.400, 452.402, 452.423, 452.490, 453.010, 453.025, 453.030, 453.040, 453.060, 453.070, 453.075, 453.077, 453.080, 453.110, 453.170, 454.390, 454.408, 454.413, 454.440, 454.455, 454.460, 454.490, 454.505, 476.688 and 568.175, RSMo Supp. 1997, relating to child custody and child support proceedings, and to enact in lieu thereof fifty-eight new sections relating to the same subject, with an emergency clause and penalty provisions.

Was taken up.

On motion of Senator Sims, SS for SCS for SBs 771 and 687 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Curls Schneider--2
Absent with leave--Senator Bentley--1

The President Pro Tem declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Curls Schneider--2
Absent with leave--Senator Bentley--1

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

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

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

SS for SB 910, introduced by Senator Caskey, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 910

An Act to repeal sections 104.540, 210.826, 210.830, 452.150, 452.310, 452.355, 452.377, 452.405, 452.411, 452.416, 452.600, 452.605 and 454.432, RSMo 1994, and sections 193.215, 210.109, 210.822, 287.820, 452.340, 452.375, 452.400, 452.423, 452.490, 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 thirty-eight new sections relating to the same subject.

Was taken up.

On motion of Senator Caskey, SS for SB 910 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Curls Schneider--2
Absent with leave--Senator Bentley--1

The President Pro Tem declared the bill passed.

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

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

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

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which were referred HCS for HBs 1519 and 1165, with SCS and HCS for HB 1469, with SCS, begs leave to report that it has considered the same and recommends that the bills do pass.

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SB 773, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

BILL REFERRALS

President Pro Tem McKenna referred SB 773 to the Committee on State Budget Control.

HOUSE BILLS ON THIRD READING

HCS for HB 1469, with SCS, entitled:

An Act to repeal sections 168.021 and 168.071, RSMo 1994, relating to certificate of license to teach, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up by Senator Caskey.

SCS for HCS for HB 1469, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1469

An Act to repeal sections 168.021 and 168.071, RSMo 1994, relating to certificate of license to teach, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Caskey moved that SCS for HCS for HB 1469 be adopted.

Senator Caskey offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1469, Pages 1-2, Section 168.021, Lines 15-25, by striking all of said lines and inserting in lieu thereof the following:

"(3) By the state board, which shall issue the professional certificate classification in both the general and specialized areas most closely aligned with the current areas of certification approved by the state board, commensurate with the years of teaching experience of the applicant, and based upon the following criteria:

(a) Recommendation of a state-approved baccalaureate level teacher preparation program;

(b) Successful attainment of the Missouri qualifying score on the exit assessment for teachers or administrators designated by the state board of education. Applicants who have not successfully achieved a qualifying score on the designated examinations will be issued a two-year nonrenewable provisional certificate; and

(c) Upon completion of a background check and possession of a valid teaching certificate in the state from which the applicant's teacher preparation program was completed.".

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

Senator Caskey offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1469, Page 4, Section 168.071, Line 34, by inserting immediately after the word "may" as it appears the second time, the following: ", upon hearing,"; and

Further amend said bill, Page 4, Section 168.071, Line 43, by inserting immediately after the word "offenses" the following: "established pursuant to Missouri law or offenses of a similar nature established under the laws of any other state or of the United States, or any other country, whether or not the sentence is imposed".

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

Senator Ehlmann offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1469, Page 3, Section 168.021, Line 69, by adding the following: "Any school board may certify anyone who has a masters degree or equivalent to teach in their school district for one year upon unanimous approval of the Board of Education of the district.".

Senator Ehlmann moved that the above amendment be adopted.

At the request of Senator Ehlmann, SA 3 was withdrawn.

Senator Klarich offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1469, Page 1, In the Title, Lines 2-3, by striking the following: "certificate of license to teach" and inserting in lieu thereof the following: "public schools"; and

Further amend said bill and page, section A, line 3, by inserting after all of said line the following:

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

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

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

4. Other provisions of law to the contrary notwithstanding, the school board of a school district that satisfies the criteria specified in subsection 5 of this section may transfer from the incidental fund to the capital projects fund an amount not to exceed the greater of zero or the sum of .18 dollars per one hundred dollars equalized assessed valuation multiplied by the guaranteed tax base for the second preceding year multiplied by the number of resident and nonresident eligible pupils educated in the district for the second preceding year and the amount to be expended for transportation equipment that is considered an allowable cost under state board of education rules for transportation reimbursements during the current year and any amount necessary to satisfy obligations of the capital projects fund for state-approved area vocational-technical schools and an amount not to exceed .06 dollars per one hundred dollars equalized assessed valuation multiplied by the guaranteed tax base for the second preceding year multiplied by the number of resident and nonresident eligible pupils educated in the district for the second preceding year less any amount transferred pursuant to subsection 7 of this section, provided that any amount transferred pursuant to this subsection shall only be transferred as necessary to satisfy obligations of the capital projects fund less any amount expended from the incidental fund for classroom instructional capital outlay pursuant to subsection 2 of this section. For the purposes of this subsection, the guaranteed tax base and a district's count of resident and nonresident eligible pupils educated in the district shall not be less than their respective values calculated from data for the 1992-93 school year.

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

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

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

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

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

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

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

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

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

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

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

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

(1) Prior to August 28, 1993:

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

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

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

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

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

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

9. On or before June 30, [1995] 1999, a school district may transfer to the capital projects fund from the balances of the teachers' and incidental funds any amount, but only to the extent that the amount transferred is equal to or less than the amount that the teachers' and incidental fund unrestricted balances on June 30, 1995, [are equal to or greater than] exceeded eight percent of expenditures from the teachers' and incidental funds for the year ending June 30, 1995.

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

Further amend the title and enacting clause accordingly.

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

President Wilson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

At the request of Senator Caskey, HCS for HB 1469, with SCS, as amended (pending), was placed on the Informal Calendar.

HCS for HBs 1519 and 1165, with SCS, entitled:

An Act to repeal sections 41.435, 42.105 and 173.215, RSMo 1994, and sections 173.239 and 313.835, RSMo Supp. 1997, and to enact in lieu thereof eight new sections for the purpose of the distribution of moneys from the gaming commission fund, with penalty provisions.

Was taken up by Senator Maxwell.

SCS for HCS for HBs 1519 and 1165, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1519 and 1165

An Act to repeal sections 41.435, 42.105 and 173.215, RSMo 1994, and sections 173.239 and 313.835, RSMo Supp. 1997, and to enact in lieu thereof eight new sections for the purpose of the distribution of moneys from the gaming commission fund, with penalty provisions.

Was taken up.

Senator Maxwell moved that SCS for HCS for HBs 1519 and 1165 be adopted.

Senator Maxwell offered SS for SCS for HCS for HBs 1519 and 1165, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1519 & 1165

An Act to repeal sections 41.435, 42.105 and 173.215, RSMo 1994, and sections 173.239 and 313.835, RSMo Supp. 1997, and to enact in lieu thereof ten new sections for the purpose of the distribution of moneys from the gaming commission fund, with penalty provisions.

Senator Maxwell moved that SS for SCS for HCS for HBs 1519 and 1165 be adopted.

Senator Staples assumed the Chair.

Senator Maxwell offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1519 and 1165, Page 22, Section 313.835, Line 11 of said page, by inserting after the word "created" the following: "to support parent choice in education".

Senator Maxwell moved that the above amendment be adopted.

Senator Maxwell offered SSA 1 for SA 1, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1519 and 1165, Page 22, Section 313.835, Line 5 of said page, by striking the word "One" and inserting in lieu thereof the word "Three"; and further amend line 7 of said page, by inserting immediately after the word "RSMo" the following: ", and additional moneys as appropriated by the general assembly shall be appropriated to such fund"; and

Further amend said bill, Page 22, Section 313.835, Line 8 of said page, by striking the word "all" and inserting in lieu thereof the following: "one hundred percent of"; and

Further amend said bill, Page 22, Section 313.835, Line 11 of said page, by inserting immediately after the word "created" the following: "to give parents meaningful choices and assistance in choosing the child care and education arrangements that are appropriate for their family"; and

Further amend said bill, Page 28, Section 313.835, Lines 4-9 of said page, by striking all of said lines and inserting in lieu thereof the following:

"(l) When the remaining net proceeds, as such term is used pursuant to paragraph (d) of this subdivision, in the gaming commission fund exceed twenty-seven million dollars, one and one-half million dollars of such proceeds shall be transferred, subject to appropriation, to the Missouri college guarantee fund, established pursuant to the provisions of section 173.248, RSMo.".

Senator Maxwell moved that the above substitute amendment be adopted.

President Pro Tem McKenna assumed the Chair.

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

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1519 and 1165, Page 1, Line 4 of said amendment, by inserting immediately before the word "appropriated" the word "annually"; and further amend said amendment, page 2, line 2, by inserting immediately after the word "transferred" the word "annually".

Senator Maxwell moved that the above amendment be adopted.

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

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1519 and 1165, Page 1, Line 4 of said amendment, by inserting immediately before the word "appropriated" the word "annually"; and further amend said amendment, page 2, line 1, by striking the word "exceed" and inserting in lieu thereof the following: "annually exceeds"; and further amend line 2, by inserting immediately after the word "transferred" the word "annually".

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

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

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

Senator Jacob offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1519 and 1165, Page 15, Section 173.245, Lines 16-18 of said page, by striking all of said lines and inserting in lieu thereof the following: "amount of any non-loan need-based federal financial aid, all other non-loan need-based assistance received by or on behalf of the student pursuant to other provisions of this chapter and any other non-loan need-based".

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

Senator Kenney offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1519 and 1165, Page 14, Section 173.245, Line 24, by inserting immediately after said line the following:

"6. (1) A student seeking a scholarship pursuant to this section shall maintain a cumulative grade point average (GPA) of at least two point five on a four point scale, or the equivalent on another scale approved by the program administrator while attending the approved public or private institution.

(2) If the grade point average of a member who is receiving educational assistance pursuant to this section falls below two point five on a four point scale, or the equivalent on another scale, such member shall retain the educational assistance and shall be placed on probation under the educational assistance program. Failure to achieve a current grade point average of at least two point five on a four point scale, or the equivalent on another scale for future semesters or equivalent academic terms shall result in termination of the scholarship effective as of the next academic term. The member shall be removed from probation status upon achieving a cumulative grade point average of two point five on a four point scale or the equivalent on another scale."; and renumber accordingly.

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

Senator Rohrbach offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1519 and 1165, Page 5, Section 41.215, Line 11, by inserting after said line the following:

"5. Moneys to be credited to the Missouri national guard trust fund pursuant to subsection 1 of this section shall be placed in a subaccount and shall be used solely for the purpose authorized in section 41.958.".

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

Senator Jacob offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1519 and 1165, Page 24, Section 313.835, Line 21, by inserting immediately after all of said line the following:

"d. Beginning on the effective date of this act, the department of elementary and secondary education and the department of social services shall initiate and conduct a four-year study to evaluate the impact of early childhood development, education and care in this state. The study shall consist of an evaluation of children eligible for moneys pursuant to this paragraph, including an evaluation of the early childhood development, education and care of those children participating in such program and those not participating in the program over a four-year period. At the conclusion of the study, the department of elementary and secondary education and the department of social services shall, within ninety days of conclusion of the study, submit a report to the general assembly and the governor, with an analysis of the study required pursuant to this subparagraph, all data collected, findings, and other information relevant to early childhood development, education and care;".

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

Senator Yeckel offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1519 and 1165, Page 24, Section 313.835, Line 10 of said page, by inserting immediately after the semicolon ";" the following: "and

(vii) With respect to applications by public schools, the establishment of a parent advisory committee within each public school program;".

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

Senator Childers offered SA 7, which was read:

SENATE AMENDMENT NO. 7

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1519 and 1165, Page 10, Section 173.239, Line 8, by inserting after the period on said line the following:

"(3) The grants provided under this section may be prorated subject to appropriations in an amount no less than fifty percent of the limits set forth in this section.".

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

President Wilson assumed the Chair.

Senator Singleton offered SA 8, which was read:

SENATE AMENDMENT NO. 8

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1519 and 1165, Page 19, Section 313.835.1, Line 15, by adding following the period: "No moneys from this fund shall be used for the purpose of Missouri Highway patrol personnel in the daily attendance or operation of casinos.".

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

Senator Maxwell moved that SS for SCS for HCS for HBs 1519 and 1165, as amended, be adopted, which motion prevailed.

President Pro Tem McKenna assumed the Chair.

On motion of Senator Maxwell, SS for SCS for HCS for HBs 1519 and 1165, as amended, was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

Senator Caskey moved that HCS for HB 1469, with SCS, as amended (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SCS for HCS for HB 1469, as amended, was again taken up.

Senator Clay offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1469, Page 1, In the Title, Lines 2-3, by striking the following: "certificate of license to teach" and inserting in lieu thereof the following: "teachers"; and

Further amend said bill, page 6, section 168.071, line 101, by inserting after all of said line the following:

"168.221. 1. The first [three] five years of employment of all teachers [and principals] entering the employment of the metropolitan school district shall be deemed a period of probation during which period all appointments of teachers [and principals] shall expire at the end of each school year. During the probationary period any probationary teacher [or principal] whose work is unsatisfactory shall be furnished by the superintendent of schools with a written statement setting forth the nature of his incompetency. If improvement satisfactory to the superintendent is not made within one semester after the receipt of the statement, the probationary teacher [or principal] shall be dismissed. The semester granted the probationary teacher [or principal] in which to improve shall not in any case be a means of prolonging the probationary period beyond [three] five years and six months from the date on which the teacher [or principal] entered the employ of the board of education. The superintendent of schools on or before the fifteenth day of April in each year shall notify probationary teachers [or principals] who will not be retained by the school district of the termination of their services. Any probationary teacher [or principal] who is not so notified shall be deemed to have been appointed for the next school year. Any principal who prior to becoming a principal had attained permanent employee status as a teacher shall upon ceasing to be a principal have a right to resume his or her permanent teacher position with the time served as a principal being treated as if such time had been served as a teacher for the purpose of calculating seniority and pay scale. The rights and duties and remuneration of a teacher who was formerly a principal shall be the same as any other teacher with the same level of qualifications and time of service.

2. After completion of satisfactory probationary services, appointments of teachers [and principals] shall become permanent, subject to removal for any one or more causes herein described and to the right of the board to terminate the services of all who attain the age of compulsory retirement fixed by the retirement system. In determining the duration of the probationary period of employment in this section specified, the time of service rendered as a substitute teacher [or substitute principal] shall not be included.

3. No teacher [or principal] whose appointment has become permanent may be removed except for one or more of the following causes: Immorality, inefficiency in line of duty, violation of the published regulations of the school district, violation of the laws of Missouri governing the public schools of the state, or physical or mental condition which incapacitates him for instructing or associating with children, and then only by a vote of not less than a majority of all the members of the board, upon written charges presented by the superintendent of schools, to be heard by the board after thirty days' notice, with copy of the charges served upon the person against whom they are preferred, who shall have the privilege of being present, together with counsel, offering evidence and making defense thereto. Notifications received by an employee during a vacation period shall be considered as received on the first day of the school term following. At the request of any person so charged the hearing shall be public. The action and decision of the board upon the charges shall be final. Pending the hearing of the charges, the person charged may be suspended if the rules of the board so prescribe, but in the event the board does not by a majority vote of all the members remove the teacher [or principal] upon charges presented by the superintendent, the person shall not suffer any loss of salary by reason of the suspension. Inefficiency in line of duty is cause for dismissal only after the teacher [or principal] has been notified in writing at least one semester prior to the presentment of charges against him by the superintendent. The notification shall specify the nature of the inefficiency with such particularity as to enable the teacher [or principal] to be informed of the nature of his inefficiency.

4. No teacher [or principal] whose appointment has become permanent shall be demoted nor shall his salary be reduced unless the same procedure is followed as herein stated for the removal of the teacher [or principal] because of inefficiency in line of duty, and any teacher [or principal] whose salary is reduced or who is demoted may waive the presentment of charges against him by the superintendent and a hearing thereon by the board. The foregoing provision shall apply only to permanent teachers [and principals] prior to the compulsory retirement age under the retirement system. Nothing herein contained shall in any way restrict or limit the power of the board of education to make reductions in the number of teachers or principals, or both, because of insufficient funds, decrease in pupil enrollment, or abolition of particular subjects or courses of instruction, except that the abolition of particular subjects or courses of instruction shall not cause those teachers who have been teaching the subjects or giving the courses of instruction to be placed on leave of absence as herein provided who are qualified to teach other subjects or courses of instruction, if positions are available for the teachers in the other subjects or courses of instruction.

5. Whenever it is necessary to decrease the number of teachers or principals, or both, because of insufficient funds or a substantial decrease of pupil population within the school district, the board of education upon recommendation of the superintendent of schools may cause the necessary number of teachers or principals, or both, beginning with those serving probationary periods, to be placed on leave of absence without pay, but only in the inverse order of their appointment. Nothing herein stated shall prevent a readjustment by the board of education of existing salary schedules. No teacher or principal placed on a leave of absence shall be precluded from securing other employment during the period of the leave of absence. Each teacher or principal placed on leave of absence shall be reinstated in inverse order of his placement on leave of absence. Such reemployment shall not result in a loss of status or credit for previous years of service. No new appointments shall be made while there are available teachers or principals on leave of absence who are seventy years of age or less and who are adequately qualified to fill the vacancy unless the teachers or principals fail to advise the superintendent of schools within thirty days from the date of notification by the superintendent of schools that positions are available to them that they will return to employment and will assume the duties of the position to which appointed not later than the beginning of the school year next following the date of the notice by the superintendent of schools.

6. If any regulation which deals with the promotion of either teachers or principals, or both, is amended by increasing the qualifications necessary to be met before a teacher or principal is eligible for promotion, the amendment shall fix an effective date which shall allow a reasonable length of time within which teachers or principals may become qualified for promotion under the regulations."; and

Further amend the title and enacting clause accordingly.

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

Senator Caskey moved that SCS for HCS for HB 1469, as amended, be adopted, which motion prevailed.

On motion of Senator Caskey, SCS for HCS for HB 1469, as amended, was read the 3rd time and passed by the following vote:

YEAS--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
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

Senator Johnson assumed the Chair.

HB 1052, with SCS, introduced by Representative Ford, entitled:

An Act to repeal sections 32.105 and 32.111, RSMo Supp. 1997, and section 10 as enacted by senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly and approved by the governor, relating to the workfare renovation project, and to enact in lieu thereof three new sections relating to the same subject.

Was called from the Consent Calendar and taken up by Senator Banks.

SCS for HB 1052, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1052

An Act to repeal sections 32.105 and 32.111, RSMo Supp. 1997, and section 10 as enacted by senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly and approved by the governor, relating to the workfare renovation project, and to enact in lieu thereof six new sections relating to the same subject.

Was taken up.

Senator Banks moved that SCS for HB 1052 be adopted, which motion prevailed.

On motion of Senator Banks, SCS for HB 1052 was read the 3rd time and passed by the following vote:

YEAS--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
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HJR 39, introduced by Representative Scheve, entitled:

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 39 of article III of the Constitution of Missouri, relating to gaming and adopting two new sections in lieu thereof relating to the same subject.

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

Senator McKenna offered SS for HJR 39, entitled:

SENATE SUBSTITUTE FOR

HOUSE JOINT RESOLUTION NO. 39

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 39 of article III of the Constitution of Missouri, relating to gaming and adopting two new sections in lieu thereof relating to the same subject.

Senator McKenna moved that SS for HJR 39 be adopted.

At the request of Senator McKenna, HJR 39, with SS (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which was referred HCS for HBs 1681 and 1342, with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

President Pro Tem McKenna assumed the Chair.

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred HCS for SCS for SB 634, begs leave to report that it has examined the same and finds that the bill has been duly enrolled and that the printed copies furnished the Senators are correct.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and HCS for SCS for SB 634, 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.

HOUSE BILLS ON THIRD READING

HCS for HBs 1681 and 1342, with SCS, entitled:

An Act to repeal section 226.040, RSMo 1994, relating to the financial administration of the department of transportation, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up by Senator Staples.

SCS for HCS for HBs 1681 and 1342, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1681 and 1342

An Act to repeal sections 226.040 and 226.140, RSMo 1994, and section 226.005, RSMo Supp. 1997, relating to transportation, and to enact in lieu thereof four new sections relating to the same subject.

Was taken up.

Senator Staples moved that SCS for HCS for HBs 1681 and 1342 be adopted.

Senator Scott assumed the Chair.

Senator McKenna offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1681 and 1342, Page 5, Section 226.140, Line 13, by inserting immediately after said line the following:

"Section 1. 1. If a state agency for whom work is being performed by a contractor determines upon reasonable evidence that the contractor or a subcontractor engaged to complete work required by the contract hired one or more aliens who are unauthorized to work in the United States, the state agency shall order the contractor to cause the discharge of such unauthorized workers.

2. If upon reasonable evidence the state agency determines that a contractor or subcontractor has knowingly violated the Immigration Reform and Control Act of 1986, or its successor statute, in employing aliens unauthorized to work in the United States, the agency may cause up to twenty percent of the total amount of the contract or subcontract performed by the employer of such unauthorized workers to be withheld from payment to the employer in violation of such statute.

3. If a contractor is determined by a state agency upon reasonable evidence to have engaged a subcontractor to complete work required by the contract with knowledge that the subcontractor violated or intended to violate the Immigration Reform and Control Act of 1986, or its successor statute, in hiring or continuing to employ aliens unauthorized to work in the United States, the state agency may withhold from the contractor up to double the amount caused to be withheld from payments to the subcontractor.

4. Any contractor or subcontractor from whom payment is withheld under subsections 2 or 3 of this section shall be ineligible to perform other contracts or subcontracts for the state of Missouri for a period of two years from the date of such action.

5. No state agency or contractor taking any action authorized by this section shall be subject to any claim arising from such action and shall be deemed in compliance with the laws of this state regarding timely payment."; and

Further amend the title and enacting clause accordingly.

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

Senator McKenna offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1681 and 1342, Page 3, Section 21.795, Line 80, by inserting after all of said line the following:

"43.030. 1. The superintendent of the Missouri state highway patrol shall be appointed by the governor by and with the advice and consent of the senate. The superintendent shall hold office at the pleasure of the governor. The superintendent shall be a citizen of the United States and a resident taxpaying citizen of this state for a period of three years previous to being appointed as superintendent and shall be at least thirty years of age. The superintendent shall maintain an office and reside in Jefferson City.

2. The superintendent of the Missouri state highway patrol shall:

(1) Have command of the patrol and perform all duties imposed on the superintendent and exercise all of the powers and authority conferred upon the superintendent by the provisions of this chapter and the requirements of chapter 650, RSMo;

(2) Within available appropriations, establish an equitable pay plan for the members of the highway patrol and radio personnel taking into consideration ranks and length of service.

[3. The annual salary of members of the highway patrol and radio personnel shall be increased by the same percentage increase and lump sum increase granted to state merit employees covered by the provisions of chapter 36, RSMo. Such increases shall include only the cost-of-living portion of the pay plan appropriated for merit employees and shall be based upon the actual current salary.]"; and

Further amend the title and enacting clause accordingly.

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

Senator Flotron offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1681 and 1342, Page 3, Section 21.795, Line 80, by inserting after all of said line the following:

"71.288. 1. [Any city that maintains the city engineer or other similar city official on the planning commission shall have the authority to place any restriction upon the height, spacing and lighting of outdoor advertising structures placed within the view of any highway within the city. Such ordinance may be more restrictive than sections 226.500 to 226.600, RSMo] Any city or county shall have the authority to adopt regulations with respect to outdoor advertising that are more restrictive than the height, size, lighting and spacing provisions of sections 226.500 to 226.600, RSMo.

2. No city [that elects to govern outdoor advertising structures as provided in subsection 1] or county shall have the authority to impose a fee of more than five hundred dollars for the initial inspection of an outdoor advertising structure, nor may the city or county impose a business tax on an outdoor advertising structure of more than [one hundred dollars per year] two per cent of the gross annual revenue produced by the outdoor advertising structure within that city or county."; and

Further amend the title and enacting clause accordingly.

Senator Flotron moved that the above amendment be adopted.

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

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 3

Amend Senate Amendment No. 3 to Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1681 and 1342, Section 71.288, Line 19, by inserting after the period "." the following: "Nothing in this section would prohibit the licensing of billboards in agriculturally zoned areas in counties of the second classification containing a part of a city located in four counties.".

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

SA 3 was again taken up.

Senator Caskey raised the point of order that SA 3 is out of order in that the amendment goes beyond the scope, purpose and subject matter of the bill.

Senator Mathewson assumed the Chair.

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

President Pro Tem McKenna assumed the Chair.

SA 3 was again taken up.

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

Senator Bentley offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1681 and 1342, Page 5, Section 226.140, Line 13, by inserting after all of said line the following:

"226.525. 1. The state highways and transportation commission is directed to erect within the right-of-way of all classes of highways within the state signs and notices pertaining to publicly and privately owned natural wonders and scenic and historical attractions under the following conditions:

(1) Such signs shall not violate any federal law, rule, or regulation affecting the allocation of federal funds to the state of Missouri or which violate any safety regulation formally promulgated by the state highways and transportation commission[.];

(2) Such official signs shall be limited in content to the name of the attraction and necessary travel information[.];

(3) Such signs shall be made available for any museum or officially designated historic site located within ten miles of a state or federal highway if such museum or historic site is open on a regular basis;

(4) The state highways and transportation commission shall determine those sites and attractions for which directional and other official signs may be erected as permitted by section 131 of Title 23, United States Code, which it deems of such importance as to justify such signing, using as a guide those publicly or privately owned natural wonders and scenic, historic, educational, cultural, or recreational sites which have been determined to be of general interest[.]; and

[(4)] (5) The state highways and transportation commission may require reimbursement for the cost of erection and maintenance of the official directional signs authorized hereunder when sites or attractions are privately owned by other than the state or political subdivisions. The state highways and transportation commission shall prescribe the size, number and locations of such signs based upon its determination of the travelers' need for directional information.

2. As used in this section, the term "museum" shall mean an institution located in this state and operated by a permanent business, nonprofit corporation, trust association, or public agency, operated primarily for educational, scientific, historical preservation or aesthetic purposes, which owns, borrows, cares for, studies, archives, or exhibits property. "Museum" includes, but is not limited to, libraries, botanical gardens, zoos, nature centers, planetariums, technology centers, arboretums, historic sites, art centers, and history, natural history and art museums. Any city or county may designate a community advisory board to determine eligibility for designated museums under this section.

226.535. 1. Signs, displays, and devices giving specific information of interest to the traveling public shall be erected and maintained within the right-of-way in such areas, in an appropriate distance from interchanges on the interstate system as shall conform with the rules and regulations promulgated by the highway department. Such rules shall be consistent with national standards promulgated from time to time by the appropriate authority of the federal government, pursuant to Title 23, section 131, paragraph f, of the United States Code.

2. Any logo sign program providing business information for motorists which is operated by the highways and transportation commission shall provide signs displaying the following services:

(1) Gas;

(2) Food;

(3) Attractions;

(4) Lodging; and

(5) Camping;

subject to the approval of the Federal Highway Administration and compliance with all federal requirements. The signs for lodging and camping may be combined. The commission shall take any action necessary to establish signs displaying local attractions, including application with the Federal Highway Administration for an experimental sign program.

3. The commission may adopt rules to implement a program for the erection and maintenance of tourist-oriented directional signs within the right-of-way of roads, except interstates and freeways, as designated by the Missouri highways and transportation commission. The tourist-oriented directional signs shall provide business identification and directional information for businesses, services, natural attractions and activities which, during a normal business season, derive a major portion of the income and visitors for the business or activity from motorists not residing in the immediate area of the business or activity. Businesses, services, natural attractions and activities eligible for such tourist-oriented directional signs shall include, but not be limited to, caves, museums and wineries.

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

Senator Staples offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1681 and 1342, Page 3, Section 21.795, Line 80, by inserting after all of said line the following:

"4. The committee shall submit records of its meetings to the secretary of the senate and the chief clerk of the house of representatives in accordance with sections 610.020 and 610.023, RSMo.".

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

At the request of Senator Staples, HCS for HBs 1681 and 1342, with SCS, as amended (pending), was placed on the Informal Calendar.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HB 1239, as amended: Representatives: Parker, Hosmer, Monaco, Dolan, Richardson.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HB 1410, as amended: Representatives: Luetkenhaus, Kissell, Graham (24), Ross, Elliott.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HB 927, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SB 883, as amended, and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 945.

With House Amendment No. 1.

HOUSE AMENDMENT NO. 1

Amend Senate Bill No. 945, Page 1, In the Title, Lines 2 and 3, by deleting all of said lines and inserting in lieu thereof the following: "To repeal section 275.350, RSMo 1994, and section 263.527, RSMo Supp. 1997, relating to commodity assessments, and to enact in lieu thereof two new sections relating to the same subject with an emergency clause for a certain section."; and

Further amend said bill, Page 2, Section 263.527, Line 36, by inserting after all of said line the following:

"Section B. Section 275.350, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 275.350, to read as follows:

275.350. 1. Any fee imposed under the commodity merchandising program shall be collected by the [director] appropriate commodity council whether directly from the producers or indirectly from handlers or processors as stipulated by the provision of the commodity merchandising program.

2. If any merchandising fee is unpaid on the date on which the fee was due and payable, a penalty of one percent per month shall apply from and after that date until payment plus the penalty is received by the director. If, after due notice, any person defaults in any payment of the fee or penalties thereon, the amount due [shall] may be collected by civil action [in the name of the state of Missouri at the relation of the director], and the person adjudged in default shall pay the costs of the action. The attorney general[, at the request of the director, and] or, if requested by the attorney general, the prosecuting attorney of any county, in which a cause of action arose under the provisions for the collection of fees due and unpaid shall institute proper action in the courts of this state for the collection of fees and penalties thereon due and unpaid. The statute of limitation period for the institution of suit for collection shall be one year.

3. All administrative fees shall be paid to the state treasurer to be credited to the "Commodity Council Merchandising Fund" which is hereby created. All money credited to the commodity council merchandising fund shall be appropriated by the general assembly for the use and benefit of the commodity councils through the state department of agriculture and specified in the annual appropriations to said state department to be for such purposes[, and when so made shall be by the director of the department of agriculture paid to the treasurer of the council]. The unexpended balance in the commodity council merchandising fund at the end of the annual period shall not be transferred to the ordinary revenue fund of the state treasurer and accordingly shall be exempt from the provisions of section 33.080, RSMo, relating to transfer of funds to the ordinary revenue funds of the state by the treasurer.

4. [At least annually, the director shall submit to the council a statement showing all receipts, refunds and the balance credited to the commodity council merchandising fund.] The revisions to the Commodity Merchandising Councils Act made by this section and effective on the effective date of this section shall not be deemed to be a major change for purposes of section 275.330.

5. The director may enter into contracts with appropriate commodity councils, at the request of the commodity councils, to collect, audit and administer checkoff funds and may retain only such fees for the cost of such services, to be deposited into the commodity council merchandising fund.

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

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for SCS for SB 501, entitled:

An Act to repeal sections 169.020, 169.070, 169.597 and 169.670, RSMo Supp. 1997, relating to public school retirement systems, and to enact in lieu thereof four new sections relating to the same subject, with an emergency clause.

With House Substitute Amendment No. 1 for House Amendment No. 1.

HOUSE SUBSTITUTE AMENDMENT NO. 1

FOR HOUSE AMENDMENT NO. 1

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 501, Pages 1 to 11, Section 169.020, by deleting all of said section and inserting in lieu thereof the following:

"169.020. 1. For the purpose of providing retirement allowances and other benefits for public school teachers, there is hereby created and established a retirement system which shall be a body corporate, shall be under the management of a board of trustees herein described, and shall be known as "The Public School Retirement System of Missouri". Such system shall, by and in [said] such name, sue and be sued, transact all of its business, invest all of its funds, and hold all of its cash, securities, and other property. The system so created shall include all school districts in this state, except those in cities that had populations of four hundred thousand or more according to the latest United States decennial census, and such others as are or hereafter may be included in a similar system or in similar systems established by law and made operative; provided, that teachers in school districts of more than four hundred thousand inhabitants who are or may become members of a local retirement system may become members of this system with the same legal benefits as accrue to present members of such state system on the terms and under the conditions provided for in section 169.021. The system hereby established shall begin operations on the first day of July next following the date upon which sections 169.010 to 169.130 shall take effect.

2. The general administration and the responsibility for the proper operation of the retirement system and for making effective the provisions of sections 169.010 to 169.141 are hereby vested in a board of trustees of seven persons as follows: [Two persons to be appointed as trustees by the state board of education;] Four persons to be elected as trustees by the members and retired members of the public school retirement system created by sections 169.010 to 169.141 and the nonteacher school employee retirement system created by sections 169.600 to 169.715; [the state commissioner of education who shall serve as trustee by virtue of the commissioner's office.] and three members appointed by the governor with the advice and consent of the senate. The first member appointed by the governor shall replace the commissioner of education for a term beginning August 28, 1998. The other two members shall be appointed by the governor at the time each member's, who was appointed by the state board of education, term expires.

3. Trustees appointed and elected shall be chosen for terms of four years from the first day of July next following their appointment or election, except that one of the elected trustees shall be a member of the nonteacher school employee retirement system and shall be initially elected for a term of three years from July 1, 1991. The initial term of one other elected trustee shall commence on July 1, 1992.

4. Trustees appointed by the [state board of education] governor shall be residents of school districts included in the retirement system, but not employees of such districts or a state employee or a state elected official. At least one trustee so appointed shall be a retired member of the public school retirement system or the nonteacher school employee retirement system. Three elected trustees shall be members of the public school retirement system and one elected trustee shall be a member of the nonteacher school employee retirement system.

5. The elections of the trustees shall be arranged for, managed and conducted by the board of trustees of the retirement system.

6. If a vacancy occurs in the office of trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled.

7. Trustees of the retirement system shall serve without compensation but they shall be reimbursed for expenses necessarily incurred through service on the board of trustees.

8. Each trustee shall be commissioned by the governor, and before entering upon the duties of the trustee's office, shall take and subscribe to an oath or affirmation to support the Constitution of the United States, and of the state of Missouri and to demean himself or herself faithfully in the trustee's office. Such oath as subscribed to shall be filed in the office of secretary of state of this state.

9. Each trustee shall be entitled to one vote in the board of trustees. Four votes shall be necessary for a decision by the trustees at any meeting of the board of trustees. Unless otherwise expressly provided herein, a meeting need not be called or held to make any decision on a matter before the board. Each member must be sent by the executive director a copy of the matter to be decided with full information from the files of the board of trustees. The unanimous decision of four trustees may decide the issue by signing a document declaring their decision and sending such written instrument to the executive director of the board, provided that no other member of the board of trustees shall send a dissenting decision to the executive director of the board within fifteen days after such document and information was mailed to the trustee. If any member is not in agreement with four members the matter is to be passed on at a regular board meeting or a special meeting called for the purpose.

10. The board of trustees shall elect one of their number as chairman, and shall employ a full-time executive director, not one of their number, who shall be the executive officer of the board. Other employees of the board shall be chosen only upon the recommendation of the executive director.

11. The board of trustees shall employ an actuary who shall be its technical adviser on matters regarding the operation of the retirement system, and shall perform such duties as are essential in connection therewith, including the recommendation for adoption by the board of mortality and other necessary tables, and the recommendation of the level rate of contributions required for operation of the system.

12. As soon as practicable after the establishment of the retirement system, and annually thereafter, the actuary shall make a valuation of the system's assets and liabilities on the basis of such tables as have been adopted.

13. At least once in the three-year period following the establishment of the retirement system, and in each five-year period thereafter, the board of trustees shall cause to be made an actuarial investigation into the mortality, service, and compensation experience of the members and beneficiaries of the system, and shall make any changes in the mortality, service, and other tables then in use which the results of the investigation show to be necessary.

14. Subject to the limitations of sections 169.010 to 169.141 and 169.600 to 169.715, the board of trustees shall formulate and adopt rules and regulations for the government of its own proceedings and for the administration of the retirement system.

15. The board of trustees shall determine and decide all questions of doubt as to what constitutes employment within the meaning of sections 169.010 to 169.141 and 169.600 to 169.715, the amount of benefits to be paid to members, retired members, beneficiaries and survivors and the amount of contributions to be paid by employer and employee. The executive director shall notify by registered mail both employer and member, retired member, beneficiary or survivor interested in such determination. Any member, retired member, beneficiary or survivor, district or employer adversely affected by such determination, at any time within thirty days after being notified of such determination, may appeal to the circuit court of Cole County. Such appeal shall be tried and determined anew in the circuit court and such court shall hear and consider any and all competent testimony relative to the issues in the case, which may be offered by either party thereto. The circuit court shall determine the rights of the parties under sections 169.010 to 169.141 and 169.600 to 169.715 using the same standard provided in section 536.150, RSMo, and the judgment or order of such circuit court shall be binding upon the parties and the board shall carry out such judgment or order unless an appeal is taken from such decision of the circuit court. Appeals may be had from the circuit court by the employer, member, retired member, beneficiary, survivor or the board, in the manner provided by the civil code.

16. The board of trustees shall keep a record of all its proceedings, which shall be open to public inspection. It shall prepare annually a comprehensive annual financial report, the financial section of which shall be prepared in accordance with applicable accounting standards and shall include the independent auditor's opinion letter. The report shall also include information on the actuarial status and the investments of the system. The reports shall be preserved by the executive director and made available for public inspection.

17. The board of trustees shall provide for the maintenance of an individual account with each member, setting forth such data as may be necessary for a ready determination of the member's earnings, contributions, and interest accumulations. It shall also collect and keep in convenient form such data as shall be necessary for the preparation of the required mortality and service tables and for the compilation of such other information as shall be required for the valuation of the system's assets and liabilities. All individually identifiable information pertaining to members, retirees, beneficiaries and survivors shall be confidential.

18. The board of trustees shall meet regularly at least twice each year, with the dates of such meetings to be designated in the rules and regulations adopted by the board. Such other meetings as are deemed necessary may be called by the chairman of the board or by any four members acting jointly.

19. The headquarters of the retirement system shall be in Jefferson City, where suitable office space, utilities and other services and equipment necessary for the operation of the system shall be provided by the board of trustees and all costs shall be paid from funds of the system. All suits in which the board of trustees, the board's members or employees or the retirement system established by sections 169.010 to 169.141 or 169.600 to 169.715 are parties shall be brought in Cole County.

20. The board may appoint an attorney or firm of attorneys to be the legal advisor to the board and to represent the board in legal proceedings, however, if the board does not make such an appointment, the attorney general shall be the legal advisor of the board of trustees, and shall represent the board in all legal proceedings.

21. The board of trustees shall arrange for adequate surety bonds covering the executive director. When approved by the board, such bonds shall be deposited in the office of the secretary of state of this state.

22. The board shall arrange for annual audits of the records and accounts of the system by a firm of certified public accountants, the state auditor shall review the audit of the records and accounts of the system at least once every three years and shall report the results to the board of trustees and the governor.

23. The board by its rules may establish an interest charge to be paid by the employer on any payments of contributions which are delinquent. The rate charged shall not exceed the actuarially assumed rate of return on invested funds of the pertinent system.".

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HCS for SB 883, as amended: Representatives: Koller, Thomason, May (108), Berkstresser and Pryor.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SB 883, with HCS, as amended: Senators Staples, McKenna, DePasco, Ehlmann and Sims.

Also,

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HB 1410, with SCA 1: Senators House, Johnson, Staples, Sims and Kenney.

PRIVILEGED MOTIONS



Senator Maxwell moved that the Senate refuse to recede from its position on SCS for HB 927, as amended, and grant the House a conference thereon, which motion prevailed.

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 30, 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:

Dorothy L. Greene, Republican, 3022 South Buckner-Tarsney Road, Grain Valley, Jackson County, Missouri 64029, as a member of the Jackson County Board of Election Commissioners, for a term ending April 4, 2002, and until her successor is duly appointed and qualified; vice, Roxana Hauser, term expired.

Respectfully submitted,

MEL CARNAHAN

Governor

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

Senator Johnson assumed the Chair.

HOUSE BILLS ON SECOND READING

The following Bill was read the 2nd time and referred to the Committee indicated:

HB 1380--Local Government and Economic Development.

RESOLUTIONS

Senator Mathewson offered Senate Resolution No. 1823, regarding Representative Gene Copeland, New Madrid, which was adopted.

BILLS DELIVERED TO THE GOVERNOR

HCS for SCS for SB 634, after having been duly signed by the Speaker of the House of Representatives in open session, was delivered to the Governor by the Secretary of the Senate.

INTRODUCTIONS OF GUESTS

Senator Klarich introduced to the Senate, eighty students and teachers from Pond Elementary School, West St. Louis County.

Senator Klarich introduced to the Senate, Mr. Pilz, Mrs. Matlach, Mr. Miley and forty fourth and fifth grade students from Richwood Elementary School, Washington County.

On behalf of Senator Ehlmann and himself, Senator House introduced to the Senate, David Asher and Howard and Barbara Sheets, Lake St. Louis; and Aki Takahashi, Wentzville.

Senator Howard introduced to the Senate, Kimberly Speight, Caruthersville; and Chris Carlton, Columbia.

Senator Sims introduced to the Senate, thirty fourth and fifth grade students from Kingdom Christian Academy, St. Louis; and Katie Linden, Alyssa Faughn, Jonathan Banks and Collin Loveless were made honorary pages.

Senator Caskey introduced to the Senate, Dave Quick, and forty seventh and eighth grade students from East Lynne School, Cass County.

Senator Kenney introduced to the Senate, Professor Timothy J. Hughes, Laura Cambron, Derek Drake, Kristina Haines, Kristy Thomas, Dana Downs, Craig Roush, Kelly Turner and

Adam Fisk, Longview Community College.

On motion of Senator Quick, the Senate adjourned until 9:30 a.m., Tuesday, May 5, 1998.