Journal of the Senate

SECOND REGULAR SESSION


SIXTY-FOURTH DAY--TUESDAY, MAY 5, 1998


The Senate met pursuant to adjournment.

Senator Staples in the Chair.

Senator Johnson offered the following prayer:

Blessed be the God and Father of our Lord Jesus Christ who through His abundant mercy has begotten us a living hope through the resurrection of His Son from the dead. Father, please help us to constantly remember what He has done for us and to thank Him for it. 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


HOUSE BILLS ON THIRD READING

HB 1357, introduced by Representative Broach, et al, entitled:

An Act to repeal section 195.017, RSMo Supp. 1997, relating to the schedule of controlled substances, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator McKenna, HB 1357 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
DePasco Flotron Goode House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Russell Scott Sims Singleton
Staples Westfall Wiggins Yeckel--28
NAYS--Senators--None
Absent--Senators
Clay Curls Ehlmann Graves
Rohrbach Schneider--6
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HB 996, introduced by Representative Kennedy, entitled:

An Act to amend chapter 327, RSMo, relating to the practice of architecture, by adding thereto one new section relating to the same subject.

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

On motion of Senator Scott, HB 996 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
DePasco 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--31
NAYS--Senators--None
Absent--Senators
Clay Curls Ehlmann--3
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HB 1705, introduced by Representative Hoppe, entitled:

An Act relating solely to intoxicating liquor wholesalers' and retailers' delivery practices, with penalty provisions.

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

On motion of Senator Mathewson, HB 1705 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Childers DePasco
Ehlmann Flotron Goode Graves
House Howard Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senator Caskey--1
Absent--Senators
Clay Curls Russell--3
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HB 1556, with SCS, introduced by Representative Dougherty, entitled:

An Act to repeal section 210.109, RSMo Supp. 1997, relating to the child protection system established by the division of family services, and to enact in lieu thereof one new section relating to the same subject.

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

SCS for HB 1556, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1556



An Act to repeal sections 210.115 and 210.135, RSMo 1994, and section 210.109, RSMo Supp. 1997, relating to the child protection system established by the division of family services, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up.

Senator Howard moved that SCS for HB 1556 be adopted, which motion prevailed.

On motion of Senator Howard, SCS for HB 1556 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
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--32
NAYS--Senators--None
Absent--Senators
Clay Curls--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HB 1805, introduced by Representative Chrismer, entitled:

An Act to authorize the governor to convey certain property to the city of St. Peters.

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

Senator Ehlmann moved that HB 1805 be read the 3rd time and finally passed.

At the request of Senator Ehlmann, the above motion was withdrawn.

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

HB 1369, with SCA 1, introduced by Representative Smith, entitled:

An Act to repeal section 260.819, RSMo Supp. 1997, relating to removal costs for oil spills, and to enact in lieu thereof one new section relating to the same subject.

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

SCA 1 was taken up.

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

On motion of Senator House, HB 1369, as amended, was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HB 1528, with SCS, introduced by Representative Smith, entitled:

An Act to repeal sections 57.280 and 57.290, RSMo Supp. 1997, relating to sheriff's charges, and to enact in lieu thereof two new sections relating to the same subject.

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

SCS for HB 1528, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1528

An Act to repeal section 301.380, RSMo 1994, and sections 57.280 and 57.290, RSMo Supp. 1997, and to enact in lieu thereof four new sections relating to the duties of sheriffs.

Was taken up.

Senator House moved that SCS for HB 1528 be adopted, which motion prevailed.

On motion of Senator House, SCS for HB 1528 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Rohrbach Russell
Schneider Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Curls Quick--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

Senator Ehlmann moved that HB 1805 be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

Senator Ehlmann requested unanimous consent of the Senate to suspend the rules for the purpose of offering an amendment, which request was granted.

Senator Rohrbach offered SA 1:

SENATE AMENDMENT NO. 1

Amend House Bill No. 1805, Page 2, Section 1, Line 24, by adding after the end of said line the following:

"Section 2. 1. The governor is hereby authorized and empowered to give, grant, bargain, convey and confirm an easement to Cole County over and across a certain strip of land in Cole County, Missouri, which is used by the department of corrections for the purpose of establishing and maintaining a public road. The land is more particularly described as follows:

A 60 foot-wide strip of land across part of the South Half of Section 19 and the North Half of Section 30, Township 45 North, Range 12 West, and the South Half of Sections 23 and 24, and the North Half of Sections 25 and 26, Township 45 North, Range 13 West, Cole County, Missouri; lying 30 feet each side of and adjacent to the following described centerline: From the northeast corner of said Section 26; thence S7018'26"W, 4079.03 feet to the centerline of Missouri State Route "T" and the point of beginning for this centerline description; thence northeasterly, on a curve to the left having a radius of 200.389 feet, an arc length of 83.181, the chord being N6223'30"E, 82.585 feet; thence N5030'00"E, 86.973 feet; thence northeasterly, on a curve to the left having a radius of 1500.00 feet, an arc length of 91.63 feet, the chord being N4845'00"E, 91.616 feet; thence N4700'00"E, 312.358 feet; thence northeasterly, on a curve to the left having a radius of 1100.00 feet, an arc length of 192.626 feet, the chord being N4159'00"E, 192.38 feet; thence N3658'00"E, 516.059 feet; thence northeasterly, on a curve to the right having a radius of 250.00 feet, an arc length of 181.66 feet, the chord being N5747'00"E, 177.689 feet; thence N7836'00"E, 287.442 feet; thence N7724'00"E, 317.086 feet; thence easterly, on a curve to the right having a radius of 250.00 feet, an arc length of 215.839 feet, the chord being S7752'00"E, 209.198 feet; thence S5308'00"E, 834.664 feet; thence southeasterly, on a curve to the right having a radius of 2000.00 feet, an arc length of 136.717 feet, the chord being S5110'30"E, 136.691 feet; thence S4913'00"E, 68.197 feet; thence southeasterly, on a curve to the left having a radius of 700.00 feet, an arc length of 122.173 feet, the chord being S5413'00"E, 122.018 feet; thence S5913'00"E, 352.725 feet; thence easterly, on a curve to the left having a radius of 400.00 feet, an arc length of 127.874 feet, the chord being S6822'30"E, 127.331 feet; thence S7732'00"E, 360.048 feet; thence easterly, on a curve to the left having a radius of 480.00 feet, an arc length of 212.511 feet, the chord being N8947'00"E, 210.78 feet; thence northeasterly, on a curve to the left having a radius of 527.00 feet, an arc length of 213.238 feet, the chord being N6530'30"E, 211.787 feet; thence N5355'00"E, 76.552 feet; thence northeasterly, on a curve to the left having a radius of 250.00 feet, an arc length of 117.81 feet, the cord being N4025'00"E, 116.723 feet; thence N2655'00"E, 632.281 feet; thence northeasterly, on a curve to the left having a radius of 2640.00 feet, an arc length of 289.515 feet, the chord being N2346'30"E, 289.37 feet; thence N2038'00"E, 178.286 feet; thence northeasterly, on a curve to the right having a radius of 260.00 feet, an arc length of 282.179 feet, the chord being N5143'30"E, 268.533 feet; thence N8249'00"E, 321.536 feet; thence northeasterly, on a curve to the left having a radius of 280.00 feet, an arc length of 247.685 feet, the chord being N5728'30"E, 239.689 feet; thence N3208'00"E, 197.124 feet; thence northeasterly, on a curve to the right having a radius of 880.00 feet, an arc length of 393.705 feet, the chord being N4457'00"E, 390.425 feet; thence N5746'00"E, 271.67 feet; thence N6022'00"E, 152.267 feet; thence easterly, on a curve to the right having a radius of 300.00 feet, an arc length of 197.135 feet, the chord being N7911'30"E, 193.607 feet; thence S8159'00"E, 305.488 feet; thence easterly, on a curve to the right having a radius of 670.00 feet, an arc length of 289.029 feet, the chord being S6937'00"E, 286.794 feet; thence S5716'00"E, 579.552 feet; thence easterly, on a curve to the left having a radius of 380.00 feet, an arc length of 242.63 feet, the chord being S7533'30"E, 238.529 feet; thence N8609'00"E, 256.043 feet; thence easterly, on a curve to the left having a radius of 2500.00 feet, an arc length of 128.718 feet, the chord being N8440'30"E, 128.704 feet; thence N8312'00"E, 305.712 feet; thence easterly, on a curve to the left having a radius of 2000.00 feet, an arc length of 121.591 feet, the chord being N8127'30"E, 121.573 feet; thence N7943'00"E, 138.046 feet; thence easterly, on a curve to the left having a radius of 450.00 feet, an arc length of 104.589 feet, the chord being N7303'30"E, 104.354 feet; thence N6624'00"E, 178.061 feet; thence easterly, on a curve to the right having a radius of 540.00 feet, an arc length of 259.967 feet, the chord being N8011'30"E, 257.464 feet; thence S8601'00"E, 131.584 feet; thence easterly, on a curve to the left having a radius of 555.00 feet, an arc length of 197.122 feet, the chord being N8348'30"E, 196.087 feet; thence N7338'00"E, 275.285 feet; thence easterly, on a curve to the left having a radius of 1500.00 feet, an arc length of 229.509 feet, the chord being N6915'00"E, 229.285 feet; thence N6452'00"E, 110.578 feet; thence easterly, on a curve to the right having a radius of 900.00 feet, an arc length of 355.00 feet, the chord being N7610'00"E, 352.702 feet; thence easterly, on a curve to the left having a radius of 894.2521 feet, an arc length of 199.1725 feet, the chord being N8105'10"E, 198.76 feet; thence N7442'20"E, 47.5321 feet; thence northeasterly, on a curve to the left having a radius of 457.4641 feet, an arc length of 141.3648 feet, the chord being N6551'10"E, 140.80 feet; thence northeasterly, on a curve to the left having a radius of 940.00 feet, an arc length of 260.857 feet, the chord being N4903'00"E, 260.021 feet; thence N4106'00"E, 163.764 feet; thence northeasterly, on a curve to the right having a radius of 600.00 feet, an arc length of 119.904 feet, the chord being N4649'30"E, 119.705 feet; thence N5233'00"E, 333.607 feet; thence northeasterly, on a curve to the left having a radius of 280.00 feet, an arc length of 120.137 feet, the chord being N4015'30"E, 119.217 feet; thence N2758'00"E, 332.647 feet; thence northeasterly, on a curve to the right having a radius of 250.00 feet, an arc length of 265.508 feet, the chord being N5823'30"E, 253.205 feet; thence N8849'00"E, 144.356 feet; thence easterly, on a curve to the right having a radius of 250.00 feet, an arc length of 88.43 feet, the chord being S8103'00"E, 87.97 feet; thence S7055'00"E, 95.001 feet; thence southeasterly, on a curve to the right having a radius of 900.00 feet, an arc length of 157.603 feet, the chord being S6554'00"E, 157.402 feet; thence S6053'00"E, 134.796 feet; thence S5812'00"E, 282.136 feet; thence southeasterly, on a curve to the left having a radius of 2000.00 feet, an arc length of 172.788 feet, the chord being S6040'30"E, 172.734 feet; thence S6309'00"E, 79.593 feet; thence southeasterly, on a curve to the right having a radius of 370.00 feet, an arc length of 149.173 feet, the chord being S5136'00"E, 148.165 feet; thence S4003'00"E, 201.554 feet; thence southeasterly, on a curve to the left having a radius of 400.00 feet, an arc length of 279.485 feet, the chord being S6004'00"E, 273.835 feet; thence S8005'00"E, 42.804 feet; thence southeasterly on a curve to the right having a radius of 195.973 feet, an arc length of 105.69 feet, the chord being S6438'00"E, 104.414 feet to the point of termination."; and

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

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

On motion of Senator Ehlmann, HB 1805, as amended, was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HB 1578, introduced by Representative Hilgemann, entitled:

An Act to repeal section 184.360, RSMo 1994, relating to metropolitan park and museum district, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator Clay, HB 1578 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HB 1228, introduced by Representative May (108th), entitled:

An Act to repeal sections 347.163 and 359.021, RSMo 1994, and section 358.510, RSMo Supp. 1997, relating to business organizations, 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 Klarich.

On motion of Senator Klarich, HB 1228 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Banks Curls Johnson Quick--4
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HB 986, introduced by Representative Backer, entitled:

An Act to amend chapter 109, RSMo, relating to public records by adding thereto one new section relating to the same subject.

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

On motion of Senator Lybyer, HB 986 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HB 1309, with SCS, introduced by Representative Clayton, et al, entitled:

An Act to amend chapter 351, RSMo, relating to corporations by adding thereto one new section relating to the merger of a domestic corporation with a direct or indirect wholly owned subsidiary without an election of shareholders.

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

SCS for HB 1309, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1309

An Act to amend chapter 351, RSMo, relating to corporations by adding thereto one new section relating to the merger of a domestic corporation with a direct or indirect wholly owned subsidiary without an election of shareholders.

Was taken up.

Senator Wiggins moved that SCS for HB 1309 be adopted, which motion prevailed.

On motion of Senator Wiggins, SCS for HB 1309 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Flotron Goode
Graves House Jacob Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Banks Curls Howard Johnson--4
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HB 1571, with SCS, introduced by Representative Monaco, entitled:

An Act to repeal sections 404.051, 404.550, 473.333, 475.130 and 475.190, RSMo 1994, and section 404.714, RSMo Supp. 1997, relating to the standard fiduciaries are to follow in making investments, and to enact in lieu thereof six new sections relating to the same subject.

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

SCS for HB 1571, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1571

An Act to repeal sections 362.600, 404.051, 404.550, 473.333, 475.130 and 475.190, RSMo 1994, and section 404.714, RSMo Supp. 1997, relating to the standards for financial transactions, and to enact in lieu thereof seven new sections relating to the same subject.

Was taken up.

Senator Maxwell moved that SCS for HB 1571 be adopted, which motion prevailed.

On motion of Senator Maxwell, SCS for HB 1571 was read the 3rd time and passed by the following vote:

YEAS--Senators
Caskey Childers Clay DePasco
Ehlmann Flotron Goode House
Howard Jacob Johnson Kenney
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Scott Sims Singleton
Staples Westfall Wiggins Yeckel--28
NAYS--Senator Kinder--1
Absent--Senators
Banks Bentley Curls Graves
Schneider--5
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which were referred HCS for HB 1315 and HS for HB 1070, with SCS; and HS for HCS for HB 1161, with SCS; and SB 773, begs leave to report that it has considered the same and recommends that the bills do pass.

THIRD READING OF SENATE BILLS

SB 773, introduced by Senator Howard, et al, entitled:

An Act to repeal section 197.317, RSMo Supp. 1997, relating to certificate of need moratorium dates, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up.

On motion of Senator Howard, SB 773 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Russell Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senator Rohrbach--1
Absent--Senators
Curls Ehlmann Schneider--3
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HOUSE BILLS ON THIRD READING

HS for HCS for HB 1161, with SCS, entitled:

An Act to repeal sections 640.102, 640.115, 640.120, 640.125, 640.130, 644.101, 644.116 and 644.122, RSMo 1994, and section 640.100, RSMo Supp. 1997, relating to public drinking water, and to enact in lieu thereof fifteen new sections relating to the same subject, with penalty provisions and an emergency clause.

Was taken up by Senator Goode.

SCS for HS for HCS for HB 1161, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1161

An Act to repeal sections 640.102, 640.115, 640.120, 640.125, 640.130, 644.101, 644.116 and 644.122, RSMo 1994, relating to public drinking water, and to enact in lieu thereof sixteen new sections relating to the same subject, with penalty provisions and an emergency clause.

Was taken up.

Senator Goode moved that SCS for HS for HCS for HB 1161 be adopted.

Senator Goode offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1161, Page 1, In the Title, Line 3, by inserting after "1994," the following: "and section 640.100, RSMo Supp. 1997,"; and

Further amend said bill and page, section A, line 2, by inserting after "1994," the following: "and section 640.100, RSMo Supp. 1997,".

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

Senator Jacob offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1161, Page 14, Section 644.122, Line 42, by inserting immediately thereafter:

"644.509. In addition to those sums authorized prior to August 28, 1998, the board of fund commissioners of the state of Missouri, as authorized by section 37(e) of article III of the Constitution of the state of Missouri, may borrow on the credit of this state the sum of fifteen million dollars in the manner and for the purposes set out in chapter 640, RSMo, and chapter 644."; and

Further amend the title and enacting clause accordingly.

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

Senator Klarich offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1161, Page 2, Section 640.100, Lines 13-15, by striking all of said lines and inserting in lieu thereof the following:"to the subject thereof. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated to administer and enforce sections 640.100 to 640.140 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 section shall be interpreted to repeal or affect the validity of any rule adopted or 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.".

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

Senator Maxwell offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1161, Page 13, Section 644.042, Line 8, by adding at the end of said line the following: "As of July 1, 1998, the Department of Natural Resources shall not issue a permit for the operation of a solid waste processing facility or solid waste disposal area if the proposed site is within 2,500 feet of a losing stream or is within 2,500 feet of any water supply well, as that term is defined in section 256.603, RSMo., unless the applicant has provided to the department written consent to the operation of such facility that is signed by at least 75% of the owners of record of any well within the 2,500 feet.".

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

President Pro Tem McKenna assumed the Chair.

Senator Childers offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1161, Page 1, In the Title, Line 4, by deleting the word "sixteen" and inserting in lieu thereof the word "seventeen"; and

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

Further amend said bill, Page 1, Section A, Line 5, by deleting the word and figure "and 644.122" and inserting in lieu thereof the following: ", 644.122 and 1"; and

Further amend said bill, Page 14, Section 644.122, Line 42, by inserting after all of said line the following:

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

(1) "Marine sanitation device", any equipment on board a vessel which is designed to receive, retain, treat or discharge sewage, and any process to treat sewage on board. Marine sanitation device includes:

(a) Type I marine sanitation device, which produces an effluent having a fecal coliform bacteria count of not greater than one thousand per one hundred milliliters and no visible floating solids;

(b) Type II marine sanitation device, which produces an effluent having a fecal coliform bacteria count not greater than two hundred per one hundred milliliters and suspended solids not greater than one hundred fifty milligrams per liter; and

(c) Type III marine sanitation device, which is certified to a no-discharge standard, including recirculating and incinerating marine sanitation devices and holding tanks;

(2) "Sewage", human body wastes, and the wastes from toilets and other receptacles intended to retain body waste;

(3) "Vessel", every description of water-craft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;

(4) "Y valve", a device capable of diverting the flow of marine sewage so that a vessel's marine sanitation device is bypassed and raw sewage is discharged directly into the water.

2. The following vessels equipped with an installed toilet shall be equipped with an operable marine sanitation device:

(1) A vessel sixty-five feet in length and under shall have a type I, II or III marine sanitation device; or

(2) A vessel over sixty-five feet in length shall have a type II or III marine sanitation device.

3. (1) A type I or II marine sanitation device shall have a certification label affixed that at a minimum shows:

(a) The name of the manufacturer;

(b) The name and model number of the device;

(c) The month and year of manufacture;

(d) The marine sanitation device type;

(e) A certification number; and

(f) A certification statement.

(2) A type III marine sanitation device is automatically certified and requires no label, provided it stores sewage and flushwater only at ambient air temperature and pressure.

4. While a vessel with an installed toilet is on Missouri waters, the operator shall ensure that:

(1) All pathways for overboard discharge of vessel sewage from any vessel with a type III marine sanitation device are blocked or secured in such a way as to prevent any accidental or intentional vessel sewage discharge, by disconnecting or physically blocking the onboard sewage lines or hull fittings which would allow for overboard vessel sewage discharge; and

(2) Any installed in-line Y valve shall be secured to prevent the overboard discharge of sewage from any vessel utilizing a type III marine sanitation device, by bypassing, locking, securing or disabling the valve using a padlock or nonreusable wire tie wrap, or by removal of the valve handle, or by any other method in accordance with federal regulations and standards or as approved or required by the Missouri state water patrol.

5. The chosen compliance method pursuant to subdivision (2) of subsection 4 of this section shall totally eliminate the possibility of overboard vessel sewage discharge while in waters of the state. The method chosen shall present a physical barrier to the use of the Y valve, whether accidental or intentional, so that use of the valve cannot occur without the knowledge of the operator of the vessel.

6. For any vessel offered as a noncaptained charter, the leasing entity shall:

(1) Ensure that the vessel complies with this section when presented to the lessor; and

(2) Include the lease agreement, signed by the leasing party, a paragraph outlining the operator's responsibilities pursuant to this section.

7. A person who violates the provisions of this section is subject to a civil penalty not to exceed two thousand dollars.".

Senator Childers moved that the above amendment be adopted.

Senator Goode offered SA 1 to SA 5, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 5

Amend Senate Amendment No. 5 to Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1161, Page 5, Section 1, Line 4 of said page, by inserting after said line the following:

"7. The provisions of this section shall not apply to any vessel operated upon the Mississippi River or the Missouri River."; and renumber the remaining subsection accordingly.

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

SA 5, as amended, was again taken up.

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

Senator Ehlmann offered SA 6, which was read:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1161, Page 12, Section 644.018, Line 1, by inserting immediately following the word "case" of said line the following: "or judicial proceeding".

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

Senator Goode moved that SCS for HS for HCS for HB 1161, as amended, be adopted, which motion prevailed.

Senator Wiggins assumed the Chair.

On motion of Senator Goode, SCS for HS for HCS for HB 1161, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Ehlmann Flotron Goode
House Jacob Johnson Kenney
Kinder Klarich Mathewson Maxwell
McKenna Mueller Quick Russell
Schneider Scott Sims Singleton
Westfall Wiggins Yeckel--27
NAYS--Senators
Graves Howard Lybyer Rohrbach
Staples--5
Absent--Senators
Banks Curls--2
Absent with leave--Senators--None

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode House Jacob Kenney
Kinder Klarich Mathewson Maxwell
McKenna Mueller Quick Russell
Schneider Scott Sims Singleton
Westfall Wiggins Yeckel--27
NAYS--Senators
Graves Howard Johnson Lybyer
Rohrbach Staples--6
Absent--Senator Curls--1
Absent with leave--Senators--None

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

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

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

Senator Staples moved that HCS for HBs 1681 and 1342, 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 HBs 1681 and 1342, as amended, was again taken up.

Senator Caskey offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1681 and 1342, Page 1, In the Title, Line 3, by inserting after "transportation" the following: "and transportation services"; and

Further amend said bill, page 3, section 21.795, line 80, by inserting after all of said line the following:

"190.044. 1. No taxpayer shall be required to pay property taxes for ground ambulance service to both an ambulance district and a fire protection district which operates a ground ambulance service, unless reaffirmed and authorized pursuant to this section. In the event that a taxpayer in a third class county is paying taxes to both entities to provide ground ambulance service, any taxpayer residing in the area subject to the double tax may file a petition with the county clerk in which the area, or greatest part thereof, is situated requesting that the double tax be eliminated and that the area only pay a tax to one entity.

2. Upon receipt of such petition, the county clerk shall determine the area taxed by two such entities and place the question before the voters of such area at the next state or municipal election. The petition shall request that the following question be submitted to the voters residing within the geographic limits of the area:

The . . . . . . . . . . . . . (description of area) is currently paying a tax to provide ambulance service to the . . . . . . . . . . . (name of entity created first) and the . . . . . . . . . . . . . (name of entity created second). As a result, shall the tax paid to provide ambulance service to the . . . . . . . . . . . . (name of entity created second) be eliminated?

Yes No

3. If a majority of the votes cast are in favor of the elimination of the tax levied and collected by the entity providing ambulance service, then the remaining entity will be declared as the single taxing entity for the area in question. The taxpayers within the area shall thereafter only pay one tax to the remaining entity following a three-year period, over which the tax rate levied and collected shall be decreased by one-third each year until such tax is no longer levied or collected by the entity whose tax was proposed for elimination by the petition. If a majority of the votes cast are opposed to the elimination of the tax, then the tax shall be reaffirmed.

4. All costs incurred by the county clerk as a result of this section, including election costs, shall be paid by the entity whose tax was proposed for termination by the petition.

5. The boundaries and service area of the entities providing ambulance service will reflect the change as determined by the election.

190.100. As used in sections [190.100 to 190.190] 190.100 to 190.199, the following words and terms mean:

(1) "Advance life support (ALS)", an advanced level of care as provided to the adult and pediatric patient as defined by national curricula, and any modifications to that curricula specified in rules adopted by the department pursuant to sections 190.100 to 190.199;

(2) "Ambulance", any privately or publicly owned [motor vehicle or, on or after January 1, 1988, any aircraft, if such motor vehicle or aircraft] vehicle or aircraft that is specially designed [or constructed and equipped and is intended to be used for and is maintained or operated for the transportation of patients, including dual-purpose police patrol cars and funeral coaches or hearses which otherwise comply with the provisions of sections 190.100 to 190.190], constructed or modified, staffed or equipped for, and is intended or used, maintained or operated for the transportation of persons who are sick, injured, wounded or otherwise incapacitated or helpless, or who require the presence of medical equipment being used on such individuals or medical personnel, but the term does not include any motor vehicle specially designed, constructed or converted for the transportation of persons [permanently disabled and] who are disabled, handicapped, normally using a wheelchair, or [handicapped persons] otherwise not acutely ill, or emergency vehicles [at] used within airports;

[(2) "Apprentice", any individual who is not a licensed attendant or attendant-driver, but who holds a certificate of apprenticeship issued by the license officer;

(3) "Attendant", a trained and qualified individual responsible for the operation of an ambulance and the care of the patients transported thereby whether or not the attendant also serves as driver;

(4) "Attendant-driver", a person who is qualified as an attendant and a driver;

(5) "Board", the state board of health of Missouri;

(6) "Dual-purpose police patrol car", a vehicle, operated by a police department, which is equipped as an ambulance, even though it is also used for patrol or other police purposes;

(7) "Emergency medical technician", any person who has successfully completed a course of training approved by the health officer and is certified by the health officer in preliminary emergency medical care;

(8) "Health officer", the director of the department of health of the state of Missouri or his duly authorized representative;

(9) "License officer", the director of the department of health of the state of Missouri or his duly authorized representative;

(10) "Local physician medical advisor" or "local physician medical advisory committee", a physician or group of physicians licensed pursuant to chapter 334, RSMo, appointed by the ambulance service and who meet criteria established by the department of health. The local physician medical advisor or local physician medical advisory committee shall have the responsibility to monitor prehospital medical care and ensure that prehospital standards of care and protocols are met;]

(3) "Ambulance service", a person or entity that provides emergency or nonemergency medical transportation and services, or both, in compliance with sections 190.100 to 190.199, and the rules promulgated by the department pursuant to sections 190.100 to 190.199;

(4) "Ambulance service area", a specific geographic area in which an ambulance service has been licensed to operate;

(5) "Basic life support", a basic level of care, as provided to the adult and pediatric patient as defined by the national curricula, and any modifications to that curricula specified in rules adopted by the department pursuant to sections 190.100 to 190.199;

(6) "Department", the department of health, state of Missouri;

(7) "Director", the director of the department of health or the director's duly authorized representative;

(8) "Dispatch agency", any person or organization that receives requests for emergency medical services from the public, by telephone or other means, and is responsible for dispatching emergency medical services;

(9) "Emergency medical response agency", any person that uses public highways or streets to regularly provide a level of care that includes first response, basic life support or advanced life support, exclusive of patient transportation;

(10) "Emergency medical technician", a person licensed as an EMT-B or EMT-P by the department;

(11) "Emergency medical technician-basic" or "EMT-B", a person who has successfully completed a course of instruction in basic life support as prescribed by the department and is licensed by the department in accordance with standards prescribed by sections 190.100 to 190.199 and rules adopted by the department pursuant to sections 190.100 to 190.199;

(12) "Emergency medical technician-paramedic" or "EMT-P", a person who has successfully completed a course of instruction in advanced life support care as prescribed by the department and is licensed by the department in accordance with sections 190.100 to 190.199 and rules adopted by the department pursuant to sections 190.100 to 190.199;

(13) "Emergency services", health care items and services furnished or required to screen and stabilize an emergency medical condition, which may include, but shall not be limited to, health care services that are provided in a licensed hospital's emergency facility by an appropriate provider;

(14) "First responder", a person who has successfully completed an emergency first response course meeting or exceeding the national curriculum of the United States Department of Transportation and any modifications to such curricula specified by the department through rules adopted pursuant to sections 190.100 to 190.199 and who provides emergency medical care through employment by or in association with an emergency medical response agency;

(15) "Medical director", a physician licensed pursuant to chapter 334, RSMo, designated by the ambulance service or emergency medical response agency and who meets criteria specified in rules adopted by the department pursuant to sections 190.100 to 190.199;

(16) "Memorandum of understanding", an agreement between an emergency medical response agency or dispatch agency and an ambulance service or services within whose territory the agency operates, in order to coordinate emergency medical services;

[(11)] (17) "Patient", an individual who is sick, injured, wounded, diseased, or otherwise incapacitated or helpless, or dead, excluding deceased individuals being transported from or between private or public institutions, homes or cemeteries, and individuals declared dead prior to the time an ambulance is called for assistance;

[(12)] (18) "Person", as used in these definitions and elsewhere in sections 190.100 to 190.199, any individual, firm, partnership, copartnership, joint venture, association, cooperative organization, corporation, [company, group of individuals acting together for a common purpose or organization of any kind, including any governmental agency other than the United States or the state of Missouri;

(13) "Mobile emergency medical technician", a licensed attendant who has been specially trained in emergency cardiac and noncardiac care, and who has successfully completed an emergency service training program certified by the health officer as meeting the requirements of sections 190.100 to 190.190.] municipal or private, and whether organized for profit or not, state, county, political subdivision, state department, commission, board, bureau or fraternal organization, estate, public trust, business or common law trust, receiver, assignee for the benefit of creditors, trustee or trustee in bankruptcy, or any other service user or provider;

(19) "Physician", a person licensed as a physician pursuant to chapter 334, RSMo;

(20) "Political subdivision", any municipality, city, county, city not within a county, ambulance district or fire protection district located in this state which provides or has authority to provide ambulance service; and

(21) "Protocol", a predetermined, written medical care guideline, which may include standing orders.

190.105. 1. No person, either as owner, agent or otherwise, shall furnish, operate, conduct, maintain, advertise, or otherwise be engaged in or profess to be engaged in the business or service of the transportation of patients [upon the streets, alleys, or any public way or place of] in the state of Missouri unless [he] such person holds a currently valid license from the department for an ambulance service issued pursuant to the provisions of sections [190.100 to 190.195] 190.100 to 190.199.

2. No ambulance shall be operated for ambulance purposes, and no individual shall drive, attend or permit it to be operated for such purposes [on the streets, alleys, or any public way or place of] in the state of Missouri unless [it] the ambulance is under the immediate supervision and direction of a person who is holding a currently valid [license as an attendant-driver or attendant; except that, nothing in this section shall be construed to mean that a duly licensed registered nurse or a duly licensed physician be required to hold an attendant-driver or attendant license.] Missouri license as an emergency medical technician; except that nothing in this section shall be construed to mean that a duly registered nurse or a duly licensed physician be required to hold an emergency medical technician's license. Each ambulance service is responsible for assuring that any person driving its ambulance is competent in emergency vehicle operations and has a safe driving record.

3. [No person, as either owner, agent or otherwise, who holds a currently valid license for an ambulance, shall, incident to his business or service of transporting patients, transport, carry or convey patients in any vehicle other than an ambulance, but no such licenses] No license shall be required for an ambulance service, or for the emergency medical technician [attendant, attendant-driver, or certificated apprentice] of an ambulance, which:

(1) Is rendering assistance [to licensed ambulances in the case of a major catastrophe or emergency with which the licensed ambulances of that locality are insufficient or unable to cope] in the case of an emergency, major catastrophe or any other unforeseen event or series of events which jeopardize the ability of the ambulance service to promptly respond to emergencies; or

(2) Is operated from a location or headquarters outside of Missouri in order to transport patients who are picked up beyond the limits of Missouri to locations within or outside of Missouri, but no such outside ambulance service shall be used to pick up patients within Missouri for transportation to locations within Missouri, [except in emergency, unless the driver, attendant and attendant-driver and the person subject to the provisions of sections 190.100 to 190.195 in respect of such ambulance hold currently valid licenses issued pursuant to sections 190.100 to 190.195] except as provided in subdivision (1) of this subsection.

4. The issuance of a license under the provisions of sections [190.100 to 190.195] 190.100 to 190.199 shall not be construed so as to authorize any person[, firm, corporation, or association] to provide ambulance services or to operate any ambulances without a franchise in any [county, municipality or] political subdivision which has enacted an ordinance making it unlawful to do so.

5. Notwithstanding any law to the contrary, any person or entity that owned and operated a licensed ambulance on December 31, 1997, shall have the right to maintain as its ambulance service area, or similar designation, that geographic area which was, on December 31, 1997, described as the primary service area for its licensed vehicles, and any subsequent franchise requirements lawfully imposed by a political subdivision shall not limit or otherwise affect the ability of such person or entity to fully operate as it was operating on December 31, 1997, provided that the person or entity obtains an ambulance service license as set forth under this act.

6. A legally enforceable contract to provide emergency ambulance service for a political subdivision shall expand, without further action by the department, the ambulance service area of the licensed ambulance service under contract with the political subdivision to include the political subdivision for the term of the contract, provided the licensed ambulance service meets all other requirements for licensure under this act. Subsequent termination of the contract shall result in the corresponding reduction of such service area by removing such political subdivision from the ambulance service area of said ambulance service.

7. All ambulance services shall operate in accordance with state regulations. No provider of ambulance service within the state of Missouri which is licensed by the department to provide such service shall discriminate regarding treatment or transportation of emergency patients on the basis of race, sex, age, color, religion, sexual preference, national origin, ancestry, handicap, medical condition or ability to pay.

[5.] 8. Sections 190.100 to [190.195] 190.245 shall [not] preclude the adoption of any law, ordinance or regulation [not] in conflict with this statute by any county, municipality or political subdivision.

[6.] 9. An ambulance service when operated for the purpose of transporting persons who are sick, injured, or otherwise incapacitated shall not be treated as a common or contract carrier under the jurisdiction of the Missouri public service commission.

[7.] 10. Sections 190.100 to [190.195] 190.245 shall not apply to, nor be construed to include, any motor vehicle used by an employer for the transportation of [his] such employer's employees whose illness or injury occurs on private property, and not on a public highway, nor to any person operating such a motor vehicle.

190.108. 1. The department shall, within a reasonable time after receipt of an application, cause such investigation as the department deems necessary to be made of the applicant for an ambulance service license.

2. The department shall issue an ambulance service license, for a period of three years, if the applicant meets the requirements established pursuant to sections 190.100 to 190.199, and the rules adopted by the department. Except as provided in subsections 5 and 6 of section 190.105, before the department shall issue any new or expanded service area associated with any ambulance service license, the applicant must submit, at its sole cost and expense, a certification from each political subdivision in which it proposes to operate, that the proposed ambulance service:

(1) Provides benefits to the public health that outweigh the associated costs;

(2) Enhances the public's access to ambulance service; and

(3) Will coordinate with existing ambulance services.

3. The department may promulgate rules relating to the requirements for an ambulance service license, including but not limited to:

(1) Response, patient care and transportation standards;

(2) Vehicle design, specification, operation and maintenance standards;

(3) Equipment requirements;

(4) Staffing requirements;

(5) Licensure fees;

(6) Ambulance service areas;

(7) Records and forms;

(8) Medical control plans;

(9) Medical director qualifications;

(10) Standards for medical communications; and

(11) Memoranda of understanding with emergency medical response agencies that provide advanced life support.

4. Application for an ambulance service license shall be made upon such forms as prescribed by the department in rules adopted pursuant to sections 190.100 to 190.199. The application form shall contain such information as the department deems necessary to make a determination as to whether the ambulance service meets all the requirements of sections 190.100 to 190.199 and rules promulgated pursuant to sections 190.100 to 190.199.

5. No fee will be required for an ambulance owned or operated by a political subdivision of the state.

[190.110. 1. An application for an ambulance license shall be made upon such forms as may be prepared or prescribed by the license officer and shall contain:

(1) The name and address of the applicant and of the owner of the ambulance;

(2) The trade or other fictitious name, if any, under which the applicant does business and proposes to do business;

(3) The training and experience of the applicant in the transportation and care of patients;

(4) A description of each ambulance, including the make, model, year of manufacture, motor and chassis number or other distinguishing number; current state license number; the length of time the ambulance has been in use; and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate applicant's ambulance;

(5) The location and description of the place from which it is intended to operate;

(6) Such other information as the license officer shall deem reasonably necessary to a fair determination of compliance with sections 190.100 to 190.195.

2. An annual license fee of twenty dollars shall accompany each application for each ambulance, but no fee will be required for an ambulance owned or operated by a political subdivision of the state.]

[190.115. 1. Each ambulance shall, at all times when in use as such:

(1) Be suitable for the transportation of patients from the standpoint of health, sanitation and safety, and be maintained in suitable premises;

(2) Contain equipment conforming with the standards, requirements and regulations provided for herein, which equipment shall be in proper and good condition for such use;

(3) Currently comply with all applicable laws and local ordinances relating to health, sanitation and safety;

(4) Be equipped with such lights, sirens and special markings to designate it as an ambulance as may be prescribed in reasonable regulations promulgated by the board;

(5) Be equipped with approved safety belts for the driver, and for a passenger in the front seat if such seat is provided;

(6) Be equipped with an approved safety belt for the attendant in the patient compartment and an approved restraining device for the litter and patient; and

(7) Be covered by an insurance policy in conformance with section 190.120.

2. Any change of ownership of a licensed ambulance shall terminate the license and shall require a new application and a new license and conformance with all the requirements of sections 190.100 to 190.195 as upon original licensing.

3. Application for transfer of any ambulance license to another or substitute vehicle shall require conformance with all the requirements of sections 190.100 to 190.195 as upon original licensing and approval of the licensing officer. No ambulance license may be sold, assigned, mortgaged or otherwise transferred without prior approval of the license officer and a finding by him of conformance with all the requirements of sections 190.100 to 190.195 as upon original licensing.

4. Each licensed ambulance, its equipment and the premises designated in the application and all records relating to its maintenance and operation as such, shall be open to inspection by the health officer or his designated representative during usual hours of operation.

5. No official entry made upon a license may be defaced, removed or obliterated.]

190.120. 1. No ambulance service license shall be issued [under] pursuant to sections [190.100 to 190.195] 190.100 to 190.199, nor shall such license be valid after issuance, nor shall any ambulance be operated in Missouri unless there is at all times in force and effect insurance coverage issued by an insurance company for each and every ambulance owned or operated by or for the applicant or licensee, or unless any city not within a county which owns or operates the license has at all times sufficient self-insurance coverage to provide for the payment of damages in an amount as prescribed [by the board] in regulation:

(1) For injury to or death of individuals in accidents resulting from any cause for which the owner of said vehicle would be liable on account of liability imposed on him by law, regardless of whether the ambulance was being driven by the owner or [his] the owner's agent; and

(2) For the loss of or damage to the property of another, including personal property, under like circumstances.

2. The insurance policy, or in the case of a self-insured city not within a county, proof of self-insurance, shall be submitted by all licensees required to provide such insurance [under] pursuant to sections [190.100 to 190.195] 190.100 to 190.199. The insurance policy, or proof of the existence of self-insurance of a city not within a county, shall be submitted to the [license officer] director, in such form as [he] the director may specify, for [his] the director's approval prior to the issuance of each ambulance service license.

3. Every insurance policy required by the provisions of this section shall contain or in the case of a self-insured city not within a county shall have proof of a provision for a continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon; that the liability of the insurer shall not be affected by the insolvency or the bankruptcy of the assured; and that until the policy is revoked the insurance company or self-insured city not within a county will not be relieved from liability on account of nonpayment of premium, failure to renew license at the end of the year, or any act or omission of the named assured. Such policy of insurance or self-insurance shall be further conditioned for the payment of any judgments up to the limits of said policy, recovered against any person other than the owner, [his] the owner's agent or employee, who may operate the same with the consent of the owner.

4. Every insurance policy or self-insured city not within a county as required by the provisions of this section shall extend for the period to be covered by the license applied for and the insurer shall be obligated to give not less than thirty days' written notice to the [license officer] director and to the insured before any cancellation or termination thereof earlier than its expiration date, and the cancellation or other termination of any such policy shall automatically revoke and terminate the licenses issued for the [ambulances] ambulance service covered by such policy unless covered by another insurance policy in compliance with sections [190.100 to 190.195] 190.100 to 190.199.

[190.125. 1. The license officer shall, upon receipt of an application for an ambulance license as provided for by the provisions of sections 190.100 to 190.195, cause such investigation as he deems necessary to be made of the applicant and of his proposed operations.

2. The license officer shall issue a license hereunder for a specified ambulance, to be valid for a period of one year, unless suspended, revoked or terminated, when he finds, upon proper notice and hearing:

(1) That the public convenience and necessity require the proposed ambulance service;

(2) That each ambulance, its required equipment and the premises designated in the application, have been certified by the health officer as provided herein;

(3) That the applicant is a responsible person who bears a good reputation for honesty, integrity, fair dealing, and is competent to operate an ambulance service;

(4) That the ambulance will be operated only by duly licensed attendants, attendant-drivers, and certificated apprentices;

(5) That all the requirements of sections 190.100 to 190.195 and all other applicable laws and ordinances have been met.

3. Prior to the issuance of any ambulance license hereunder, the license officer shall cause an inspection to be made of the vehicles, equipment and premises designated in each application hereunder, and shall certify his approval in a written report when he finds compliance with the standards prescribed in subdivision (1) of section 190.115, section 190.120 and in section 190.130, and with the regulations promulgated under such sections; but the license officer shall have no responsibility, and shall exercise no authority in connection with laws and ordinances of general applicability which deal with motor vehicle inspection.

4. Subsequent to the issuance of an ambulance license under the provisions of sections 190.100 to 190.195, the license officer shall cause a periodic inspection to be made of each licensed vehicle, and its equipment and premises, whenever he deems such inspection to be necessary, and shall promptly file a written report of his findings with the department of health. The periodic inspection hereunder shall be in addition to any other safety or motor vehicle inspection required to be made for ambulances or other motor vehicles, or other inspections required to be made, under general law or ordinances, and shall not excuse compliance with any requirement of law or ordinance to display any official certificate of motor vehicle inspection and approval nor excuse compliance with the requirements of any other applicable general law or ordinance.

5. A copy of each ambulance, equipment and premises inspection report submitted by the license officer under the provisions of this section shall be promptly transmitted to the applicant or licensee to whom it refers.

6. The license officer may change periods to equalize work:

(1) Whenever he shall determine from an increase or decrease in the number of ambulance licenses in any given month, that the volume of clerical work and inspections of licensing of ambulances in such month has become so disproportionate to the volume of work in the remaining months, he is authorized and empowered to change the license period of such number of ambulances as may be necessary to increase or reduce the volume of licenses in one or more months by advancing the renewal date and shortening the license period of such ambulances.

(2) Such shifting of license months shall be accomplished by notifying the licensees of the change, giving them credit for the portion of the license period not yet elapsed. In such instances the license officer shall assign and issue a new license for the ambulance designating the new license expiration date.]

[190.130. Each licensee of an ambulance shall comply with such reasonable regulations as may be promulgated by the board and shall maintain in each such ambulance, at all times when it is in use as an ambulance, all equipment required in regulations promulgated by the board. In promulgating equipment regulations, the board shall take into consideration the current list of essential equipment for ambulances adopted by the American College of Surgeons.]

190.131. 1. The department shall accredit or certify training entities for first responders, emergency medical technicians-basic and emergency medical technicians-paramedic if the applicant meets the requirements established pursuant to sections 190.100 to 190.199, and the rules adopted by the department pursuant to sections 190.100 to 190.199, and fix reasonable application, accreditation and certification fees as are necessary to accomplish this purpose.

2. Such rules promulgated by the department shall set forth the minimum requirements for entrance criteria, training program curricula, instructors, facilities, equipment, medical oversight, recordkeeping, and reporting.

3. Application for training entity accreditation or certification shall be made upon such forms as prescribed by the department in rules adopted pursuant to sections 190.100 to 190.199. The application form shall contain such information as the department deems reasonably necessary to make a determination as to whether the training entity meets all requirements of sections 190.100 to 190.199 and rules promulgated pursuant to sections 190.100 to 190.199.

4. Upon receipt of such application for training entity accreditation or certification, the department shall determine whether the training entity, its instructors, facilities, equipment, curricula and medical oversight meet the requirements of sections 190.100 to 190.199 and rules promulgated pursuant to sections 190.100 to 190.199.

5. Upon finding these requirements satisfied, the department shall issue a training entity accreditation or certification in accordance with rules promulgated by the department pursuant to sections 190.100 to 190.199.

6. Subsequent to the issuance of a training entity accreditation or certification, the department shall cause a periodic review of the training entity to assure continued compliance with the requirements of sections 190.100 to 190.199 and all rules promulgated pursuant to sections 190.100 to 190.199.

7. No person or entity shall hold itself out or provide training required by section 190.131 without accreditation or certification by the department.

190.133. 1. The department shall, within a reasonable time after receipt of an application, cause such investigation as the department deems necessary to be made of the applicant for an emergency medical response agency license.

2. The department shall issue a license to any emergency medical response agency which provides advanced life support, for a period of three years, if the applicant meets the requirements established pursuant to sections 190.100 to 190.199, and the rules adopted by the department. The department may promulgate rules relating to the requirements for an emergency medical response agency, including, but not limited to:

(1) Licensure and relicensure;

(2) License fees;

(3) Medical direction;

(4) Records and forms; and

(5) Memorandum of understanding with local ambulance services and other operational procedures.

3. Application for an emergency medical response agency license shall be made upon such forms as prescribed by the department in rules adopted pursuant to sections 190.100 to 190.199. The application form shall contain such information as the department deems necessary to make a determination as to whether the emergency medical response agency meets all the requirements of sections 190.100 to 190.199 and rules promulgated pursuant to sections 190.100 to 190.199.

4. No person or entity shall hold itself out or provide the services of an emergency medical response agency which provides advanced life support unless it is licensed by the department.

5. No fee will be required for an emergency medical response agency owned or operated by a political subdivision of the state.

190.134. A dispatch agency is required to have a memorandum of understanding with all ambulance services that it dispatches. If a dispatch agency provides prearrival medical instructions, it is required to have a medical director, whose duties include the maintenance of standards and protocol approval.

190.142. 1. The department shall, within a reasonable time after receipt of an application, cause such investigation as it deems necessary to be made of the applicant for an emergency medical technician's license. The director may authorize investigations into criminal records in other states for any applicant.

2. The department shall issue a license to all levels of emergency medical technicians, for a period of three years, if the applicant meets the requirements established pursuant to sections 190.100 to 190.199 and the rules adopted by the department. The department may promulgate rules relating to the requirements for emergency medical technician licensure, including but not limited to:

(1) Age requirements;

(2) Criminal history, meaning a final adjudication and finding of guilt, or the entering of a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States whether or not sentence is imposed pursuant to rules adopted by the department;

(3) Ability to speak, read and write the English language;

(4) Sound physique and possession of visual acuity, as found by a physician licensed under chapter 334, RSMo, upon examination attested to on a form provided by the department, conforming to that required for a chauffeur's license to be able to drive or attend an ambulance;

(5) Education and training requirements based on respective national curricula of the United States Department of Transportation and any modification to such curricula specified by the department through rules adopted pursuant to sections 190.100 to 190.199;

(6) Initial licensure testing requirements;

(7) Continuing education and relicensure requirements; and

(8) Licensure fees.

3. Application for all levels of emergency medical technician license shall be made upon such forms as prescribed by the department in rules adopted pursuant to sections 190.100 to 190.199. The application form shall contain such information as the department deems necessary to make a determination as to whether the emergency medical technician meets all the requirements of sections 190.100 to 190.199 and rules promulgated pursuant to sections 190.100 to 190.199.

4. All emergency medical technicians may perform only that patient care which is:

(1) Consistent with the training, education and experience of emergency medical technicians as determine by the requirements of sections 190.100 to 190.199 and in the rules adopted by the department;

(2) Consistent with acceptable standard of patient care for emergency medical technicians;

(3) Ordered by a physician or set forth in protocols approved by the medical director; and

(4) Consistent with the rules adopted by the department pursuant to sections 190.100 to 190.199.

5. Each ambulance, when in use as an ambulance, shall be staffed with a minimum of one emergency medical technician and one other crew member as set forth in rules adopted by the department. When transporting a patient, at least one licensed emergency medical technician, registered nurse, or physician shall be in attendance with the patient in the patient compartment at all times.

6. No person shall hold himself or herself out or provide the services of an emergency medical technician unless that person is licensed by the department.

7. No fee will be required for an emergency medical technician employed by a political subdivision of the state.

[190.140. Notwithstanding any other provision of sections 190.100 to 190.190, mobile emergency medical technicians may do any of the following at the scene of the accident in an ambulance or at the emergency room of a licensed hospital:

(1) Render rescue, first-aid and resuscitation services;

(2) Perform cardiopulmonary resuscitation and defibrillation in a pulseless, nonbreathing patient, and:

(a) For the cardiac arrest patient, the mobile emergency medical technician may initiate advanced cardiac life support procedures such as endotracheal intubation, initiation of intravenous lines, and administration of initial medications, according to current nationally acceptable emergency cardiac guidelines when approved by the department of health and the local physician medical advisor or local physician medical advisory committee;

(b) For the patient with severe, multisystem trauma or with compromised vital signs the mobile emergency medical technician may establish airway, apply and inflate the PAST garment, initiate intravenous therapy or administer initial medications according to protocols which have been approved by the department of health and the local physician medical advisor or local physician medical advisory committee;

(c) Notwithstanding the provisions of subdivision (4) of this section, procedures may be initiated pursuant to paragraphs (a) and (b) of this subdivision prior to any radio or telephone contact with a physician or registered nurse. After initiating procedures pursuant to paragraphs (a) and (b) of this subdivision, the mobile emergency medical technician shall immediately make radio or telephone contact with a physician or registered nurse designated by a physician;

(3) During training at the hospital and while caring for patients in the hospital administer parenteral medications under the direct supervision of a physician or a registered nurse; and

(4) Where voice contact or a telemetered electrocardiogram is monitored by a physician or a registered nurse authorized by a physician, and direct communication is maintained, mobile emergency medical technicians may upon order of such licensed physician or such licensed registered nurse do any of the following:

(a) Administer intravenous saline or glucose solutions;

(b) Perform gastric suction by intubation;

(c) Perform endotracheal intubation; and

(d) Administer parenteral injections of any of the following classes of drugs:

a. Antiarrhythmic agents;

b. Vagolytic agents;

c. Chronotropic agents;

d. Analgesic agents;

e. Alkalinizing agents;

f. Vasopressor agents; and

g. Other drugs which may be deemed necessary by such ordering physician;

(5) Deliver emergency medical care to the sick and injured while in the emergency department of a licensed hospital and until care responsibility is assumed by a licensed physician or a licensed registered nurse.] [190.141. 1. Notwithstanding any other provisions of sections 190.100 to 190.190, emergency medical technicians may perform any of the following at the scene of an emergency or in an ambulance:

(1) Patient assessment and vital signs;

(2) Airway maintenance to include use of:

(a) Oropharyngeal and nasopharyngeal airways;

(b) Esophageal obturator airways with or without gastric suction device; and

(c) Oxygen demand valves;

(3) Oxygen therapy;

(4) Oropharyngeal suctioning;

(5) Cardiopulmonary resuscitation procedures;

(6) Control accessible bleeding;

(7) Application of pneumatic anti-shock garment;

(8) Management of outpatient medical emergencies;

(9) Extrication of patients and lifting and moving techniques;

(10) Management of musculoskeletal and soft tissue injuries to include dressing and bandaging wounds or the splinting of fractures, dislocations, sprains or strains and rendering first aid services;

(11) Use of backboards to immobilize the spine;

(12) Defibrillate a pulseless patient under the following conditions:

(a) Perform, when approved by the local physician medical advisor or local physician medical advisory committee and where voice contact by radio or telephone is monitored by a person licensed to practice medicine or a registered nurse, where authorized by a person licensed to practice medicine, and direct communication is maintained, upon order of such person or such nurse, defibrillation with an automatic external defibrillator with data recording capabilities; or

(b) Perform, during an emergency, that activity specified in paragraph (a) of this subsection, before contacting the person licensed to practice medicine and surgery or authorized registered nurse when specifically authorized to perform such activities by written protocols approved by the local physician medical advisory or local physician medical advisory committee and the department of health.

2. An employer of the paid or volunteer emergency medical technician shall have the same physician medical advisor or local physician advisory committee as the local licensed ambulance service, to review, approve and monitor the activities which include but are not limited to recordkeeping, equipment maintenance, quality assurance and operation standards of the emergency medical technician.]

[190.145. 1. The license officer shall, within a reasonable time after receipt of an application, cause such investigation as he deems necessary to be made of the applicant for an attendant's or attendant-driver's license. The director of the department of health may authorize investigations into criminal and driving records in other states for any applicant.

2. The license officer shall issue a license to an attendant or attendant-driver, valid for a period of three years, unless earlier suspended, revoked or terminated, when he finds that the applicant:

(1) Is eighteen years of age or older;

(2) Is not addicted to the use of intoxicating liquors or narcotics, and is morally fit for the position;

(3) Is able to speak, read and write the English language;

(4) Has been found by a duly licensed physician, upon examination attested to on a form provided by the health officer, to be of sound physique, possessing visual acuity conforming to that required for a chauffeur's license, and free of physical defects or diseases which might impair the ability to drive or attend an ambulance;

(5) For each applicant applying for relicensure for an attendant or attendant-driver's license, that such applicant has a currently valid certificate evidencing successful completion of a course of training, as presently defined by the state board of health through its rules and regulations in accordance with section 190.185 and chapter 536, RSMo. For each applicant applying for initial licensure for an attendant or attendant-driver's license, that such applicant has a currently valid certificate evidencing successful completion of a course of training as presently defined by the state board of health through its rules and regulations in accordance with section 190.185 and chapter 536, RSMo, which incorporates the curriculum of the EMT-basic training for ambulance personnel recommended by the United States Department of Transportation. No one shall be licensed as an attendant-driver unless he holds a currently valid motor vehicle operator's license from the state of Missouri or another state; and

(6) For each applicant applying for relicensure for a mobile emergency medical technician's license, that such applicant meets the requirements for attendant, subdivisions (1) to (5) of this subsection, and in addition has a currently valid certificate evidencing successful completion of a course of training, as presently defined by the state board of health through its rules and regulations in accordance with section 190.185 and chapter 536, RSMo. For each applicant applying for initial licensure for a mobile emergency medical technician's license, that such applicant has a currently valid certificate evidencing successful completion of a course of training as presently defined by the state board of health through its rules and regulations in accordance with section 190.185 and chapter 536, RSMo, which incorporates the curriculum of the EMT-paramedic training for ambulance personnel recommended by the United States Department of Transportation.

3. A license as attendant mobile emergency medical technician or attendant-driver is not assignable or transferable.

4. No official entry made upon a license may be defaced, removed or obliterated.

5. Notwithstanding anything herein to the contrary, ground ambulance services located in a city not within a county may maintain their ambulance service areas, and nothing in this section shall authorize the limitation or other restriction of the ambulance service area of ground ambulance services located in a city not within a county.]

[190.150. 1. An application for a certificate of apprenticeship shall be made upon such forms as may be prepared or prescribed by the license officer and shall contain:

(1) The applicant's full name, current residence and the addresses of all places of residence for two years previous to his present address;

(2) The applicant's age, height, weight, color of eyes and hair;

(3) The applicant's current operator's or chauffeur's license number;

(4) Whether his operator's or chauffeur's license has ever been suspended or revoked, and if so, when and where and for what cause;

(5) Whether he has ever been convicted of a felony or misdemeanor, and if so, when and where and for what cause;

(6) Whether he has ever been convicted of driving while intoxicated, and if so, when and where;

(7) Whether he has ever been convicted of any moving motor vehicle violation, and if so, when and where and for what cause;

(8) The applicant's training and experience in the transportation and care of patients, and whether he has previously been licensed as a chauffeur, attendant, or attendant-driver, and if so, when and where, and whether his license has ever been revoked or suspended in any jurisdiction and for what cause;

(9) A description of the apprenticeship in which the applicant is currently engaged, or which is proposed, including a detailed description of the training which the applicant will receive, the location of the training, the names and qualifications of all instructors or supervising personnel, and the approximate length of the apprenticeship;

(10) Two recent photographs of the applicant, of a size designated by the license officer, one of which shall be attached by the license officer to the certificate of apprenticeship;

(11) Such other information as the licensing officer shall deem reasonably necessary to be a fair determination of compliance with sections 190.100 to 190.195.

2. Each application shall be accompanied by a certificate fee of three dollars, but no fee will be required for applicants who are employed for such duties by the state or a political subdivision of the state.]

[190.155. 1. The license officer shall, within a reasonable time after receipt of an application, cause such investigation as he deems necessary to be made of the applicant for a certificate of apprenticeship.

2. The license officer shall issue a certificate of apprenticeship, for not more than one year, unless earlier suspended, revoked or terminated, when he finds that the applicant:

(1) Is eighteen years of age or older;

(2) Is not addicted to the use of intoxicating liquors or narcotics, and is morally fit for the position;

(3) Is able to speak, read and write the English language;

(4) Has been found by a duly licensed physician, upon examination attested to on a form provided by the health officer, to be of sound physique, and free of physical defects or diseases which might impair the ability to attend an ambulance; and

(5) Is engaged in or proposes to be engaged in a course of training, the successful completion of which will be equivalent to completion of an advanced course in first aid given by the American Red Cross or the United States Bureau of Mines.]

190.160. The renewal of any license shall require conformance with [all the requirements of sections 190.100 to 190.195 as upon original licensing] sections 190.100 to 190.199 and rules adopted by the department pursuant to sections 190.100 to 190.199, as upon original licensing.

190.165. 1. The [license officer may] department may deny a license or license renewal application, or suspend or revoke a license issued under the provisions of sections [190.100 to 190.195] 190.100 to 190.199 for failure of a licensee to comply with the provisions of sections [190.100 to 190.195] 190.100 to 190.199, or of regulations promulgated hereunder, or of any other applicable laws or ordinances or regulations, or [he] the department may place the licensee on probation for any of the same reasons.

2. [The initial or other ambulance, equipment and premises inspection reports of the health officer provided for by the provisions of sections 190.100 to 190.195 shall be prima facie evidence of compliance or noncompliance with, or violation of, the provisions, standards and requirements provided herein, and of the regulations promulgated hereunder, for the licensing of ambulances.] Grounds for taking action may include but are not limited to:

(1) Incompetency;

(2) Gross negligence or repeated negligence;

(3) Falsifying any application or record required pursuant to sections 190.100 to 190.199;

(4) Being finally adjudicated and found guilty, or entering a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States whether or not sentence is imposed, pursuant to rules adopted by the department; or

(5) Misconduct, fraud, misrepresentation, dishonesty, unethical conduct or unprofessional conduct in the performance of the functions or duties of any person licensed or regulated by this chapter.

3. Upon suspension, revocation or termination of an ambulance service or emergency medical response agency license hereunder, no person shall be permitted to operate [the] such ambulance service or emergency medical response agency, provided an alternate ambulance service or agency is available for the area served by the entity being disciplined. Upon suspension, revocation or termination of an [attendant's or attendant-driver's] EMT-B or EMT-P license, the [attendant or attendant-driver] EMT-B or EMT-P shall cease to [drive or attend an ambulance, and no person shall employ or permit such individual to drive or attend an ambulance] function as an EMT-B or EMT-P.

4. Any license suspended, revoked or terminated under any provision of sections [190.100 to 190.195] 190.100 to 190.199 will be returned to the [license officer] department within ten days of such suspension, revocation or termination.

190.171. Any person aggrieved by an official action of the department of health affecting the licensed status of a person under the provisions of sections [190.100 to 190.195] 190.100 to 190.199, including the refusal to grant, [the grant,] the revocation, the suspension, or the failure to renew a license, may seek a determination thereon by the administrative hearing commission pursuant to the provisions of section 621.045, RSMo, and it shall not be a condition to such determination that the person aggrieved seek a reconsideration, a rehearing, or exhaust any other procedure within the department [of health of or the department of social services].

190.175. 1. Each [licensee of an ambulance] ambulance service licensee or emergency medical response agency licensee shall maintain accurate records, which contain [the following] information concerning the care and, if applicable, the transportation of each patient [within the state of Missouri, from one place herein to another place within or beyond its limits:].

[(1) Each ambulance licensee will maintain a daily log to contain such data as the license officer may prescribe on each and every ambulance run which he or a duly authorized agent accepts;

(2) The entries will be consecutive, with no blank spaces or blank paper.] 2.  Records will be maintained by [the ambulance licensee] ambulance service licensees and emergency medical response agency licensees for five years, readily available for inspection by [the license officer] the department, notwithstanding transfer, sale or discontinuance of the ambulance services or business[;].

[(3) Trip tickets] 3. An ambulance report, approved by the department, shall be completed for each ambulance run on which are entered pertinent remarks by the [ambulance attendant, or attendant-driver, signed instructions of the physician requesting special service, official receipt for patient at destination,] emergency medical technician and such other items as [the license officer may prescribe] adopted by rules by the department.

[2.] 4. Such records shall be available for inspection by the [health officer] department at any reasonable time during business hours.

5. Nothing in this section shall be construed as protecting from disclosure or discovery, in any civil action, information and documents otherwise discoverable from any person or entity providing information to the department pursuant to the provisions of this section.

190.176. 1. The department shall develop and administer a uniform data collection system on all ambulance runs and injured patients, as adopted in rules by the department for the purpose of injury etiology, patient care outcome, injury prevention and research purposes. The department shall not require disclosure by hospitals of data elements pursuant to this section unless those data elements are required by a federal agency or were submitted to the department as of January 1, 1997, pursuant to:

(1) Departmental regulation of trauma centers; or

(2) The Missouri head and spinal cord injury registry established by sections 192.735 to 192.745, RSMo; or

(3) Abstracts of inpatient hospital data; or

(4) If such data elements are requested by a lawful subpoena or subpoena duces tecum.

2. The department shall maintain the confidentiality of all medical record information abstracted by or reported to the department. Medical information secured pursuant to the provisions of subsection 1 of this section may be released by the department only in a statistical aggregate form that precludes and prevents the identification of patient, physician, or medical facility except that medical information may be shared with other public health authorities and coinvestigators of a health study if they abide by the same confidentiality restrictions required of the department. The department, public health authorities, and coinvestigators shall use the information collected only for purposes provided for in this section.

3. No individual or organization providing information to the department in accordance with this section shall be deemed to be or shall be held liable, either civilly or criminally, for divulging confidential information unless such individual or organization acted in bad faith or with malicious purpose.

190.180. 1. Any person violating, or failing to comply with, the provisions of sections [190.100 to 190.195] 190.100 to 190.199 is guilty of a class B misdemeanor and, upon conviction thereof, shall be [fined an amount not exceeding one thousand dollars or imprisonment for a period not exceeding thirty days, or by both such fine and imprisonment] sentenced to pay a fine in accordance with chapter 560, RSMo, or to imprisonment in accordance with chapter 558, RSMo, or by both such fine and imprisonment, for each offense.

2. Each day that any violation of, or failure to comply with, sections [190.100 to 190.195] 190.100 to 190.199 is committed or permitted to continue shall constitute a separate and distinct offense and shall be punishable as such hereunder; but the court may, in appropriate cases, stay the cumulation of penalties.

3. The attorney general of Missouri shall have concurrent jurisdiction with any and all prosecuting attorneys to prosecute persons in violation of sections [190.100 to 190.195] 190.100 to 190.199, and the attorney general or prosecuting attorney may institute injunctive proceedings against any person operating an ambulance service in violation of sections [190.100 to 190.195] 190.100 to 190.199.

4. The prosecuting attorney for the county in which the violation of a law or ordinance regarding emergency medical services occurs shall prosecute such violations in the circuit court of that county. The legal officer or attorney for the ambulance district may be appointed by the prosecuting attorney as special assistant prosecuting attorney for the prosecution of any such violation.

190.185. The [state board of health of Missouri] department of health shall adopt, amend, promulgate, and enforce such rules, regulations and standards [with respect to all ambulances, ambulance services, attendant mobile emergency medical technicians, attendant-drivers, and certified apprentices] as to ambulance services, emergency medical technicians, and emergency medical response agencies to be licensed and training entities for first responders and emergency medical technicians to be accredited under the provisions of sections [190.093 to 190.249, and all emergency medical technicians to be certified under the provisions of section 190.093 to 190.249] 190.093 to 190.199, as may be designed to further the accomplishment of the purpose of this law in promoting safe and adequate ambulance services in the interest of public health, safety, and welfare. [No rule or portion of a rule promulgated under the authority of sections 190.093 to 190.249 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.] Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority delegated in sections 190.100 to 190.199 shall become effective only if it has been promulgated pursuant to the provisions of chapter 536, RSMo. All rulemaking authority delegated prior to the effective date of this section is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to the effective date of this section if it fully complied with the provisions of chapter 536, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after the effective date of this section shall be invalid and void.

[190.190. Any ambulance, attendant or attendant-driver which is engaged in the business or service of the transportation of patients at the time of the promulgation of any applicable rule or regulation or minimum standard under this law shall be given a reasonable time under the particular circumstances, not to exceed six months from the date of such promulgation, within which to comply with such rules and regulations and minimum standards.]

190.197. 1. All ambulance vehicles or aircraft that have or are qualified to have a valid license issued by the department of health on the day that sections 190.100 to 190.199 take effect will have their ambulance vehicle or aircraft license expiration date extended to a date that is one year after the effective date of sections 190.100 to 190.199.

2. All ambulance services shall have until one year after the effective date of sections 190.100 to 190.199 to comply with the provisions of 190.100 to 190.199 and the rules developed pursuant to sections 190.100 to 190.199. Pursuant to sections 190.100 to 190.199 the department may adjust the initial period of licensure, from one year to three years, of any ambulance service licensed pursuant to sections 190.100 to 190.199, to equalize the number of licenses that may be renewed during each year of any three year licensure period.

3. License fees shall be pro rata for any ambulance service license issued by the department with an adjusted license period.

190.199. Any person who has had appropriate training, including a course in cardiopulmonary resuscitation and has demonstrated a proficiency in the use of an automated external defibrillator, and who gratuitously and in good faith renders emergency care when medically appropriate by use of or provision of an automated external defibrillator, without objection of the injured victim or victims thereof, shall not be held liable for any civil damages as a result of such care or treatment, where the person acts as an ordinarily reasonable, prudent person, or with regard to a health care professional, as a reasonably prudent and careful health care provider would have acted, under the same or similar circumstances. Nothing in this section shall affect any claims brought pursuant to chapters 537 and 538, RSMo."; and

Further amend the title and enacting clause accordingly.

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

Senator Staples offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1681 and 1342, Page 2, Section 21.795, Line 18, by deleting the words "October fifteenth" and inserting in lieu thereof the words "November tenth"; and

Further amend said bill, Page 2, Section 21.795, Line 31, by deleting the word "by" and inserting in lieu thereof the words "made by, or on behalf of,"; and

Further amend said bill, Page 5, Section 226.140, Line 13, by inserting after all of said line the following:

"3. The state auditor shall, to the extent practicable, utilize the data and information developed for, and provided by, the report required pursuant to subdivision (1) of subsection 2 of section 21.795, RSMo, when performing an audit authorized by section 29.210, RSMo.".

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

Senator Ehlmann offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1681 and 1342, Page 4, Section 226.140, Line 13, by inserting after all of said line the following:

"Section 1. In any contested case or judicial proceeding filed after January 1, 1998 involving surface water in any flood prone area, the proper permitting of a project shall be conclusive proof that the project is a reasonable use and meets any reasonable use test imposed by law or by a court if any defendant has:

(1) Obtained and fully complied with a permit from a political subdivision which has enacted orders or ordinances as required by the Federal Emergency Management Agency as a prerequisite to participation in the National Flood Insurance Program, and which political subdivision has jurisdiction, pursuant to the zoning laws of this state or the laws and regulations of the Federal Emergency Management Agency, over the area in dispute; or

(2) Obtained and fully complied with a permit from a state agency which has jurisdiction over a state project or development in dispute under state law, any implementing regulations or executive orders or the laws and regulations of the Federal Emergency Management Agency."; and

Further amend the title and enacting clause accordingly.

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

Senator Ehlmann offered SA 9:

SENATE AMENDMENT NO. 9

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:

"213.060. 1. Notwithstanding any law, anything having effect of law, executive order, policy or rule to the contrary, any executive order, policy or rule which uses race, sex, color, ethnicity or national origin as a criterion for either discriminating against, or granting preferential treatment to, any individual or group of persons in the Missouri department of transportation system of public contracting is hereby declared to be null and void. Henceforth, no policy or rule adopted by the Missouri department of transportation or its agents, or executive order pertaining to the Missouri department of transportation shall be adopted which shall use race, sex, color, ethnicity or national origin as a criterion for either discriminating against, or granting preferential treatment to, any individual or group of persons in the Missouri department of transportation system of public contracting, unless the Missouri department of transportation or its agents has made a finding, which shall be included in the executive order relating to the department, policy or rule, and which shall be supported by strong basis in evidence that:

(1) The Missouri department of transportation is exacerbating a pattern of prior discrimination and such evidence is specific to the claimed discrimination within the institution, industry or jurisdiction;

(2) The executive order, policy or rule is a narrowly tailored remedial action that furthers a compelling governmental interest; and

(3) The remedial action shall sunset when the discrimination is eliminated but no later than two years after implementation.

2. Nothing in this section shall be interpreted as prohibiting state action that is necessary to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the state.

3. Anyone adversely affected by any law, executive order or rule in violation of this act, or any Missouri taxpayer, shall have standing to bring a suit to enforce the provisions of this act and, if successful in whole or in part, against the Missouri department of transportation or its agents shall be entitled to an award of costs of suit, and reasonable attorneys fees. Nothing in this section shall require the exhaustion of any administrative remedies."; and

Further amend said bill, page 5, section 226.140, line 13, by inserting after all of said line the following:

"[226.900. The commission shall develop specific goals for minority employment and training and the use of minority-owned construction companies. The commission shall annually provide a report to the general assembly on or before June fifteenth of each year. The report shall, at a minimum, provide detailed information which indicates the progress made in achievement of the specific goals established under this section.]

[226.905. A minimum of ten percent of all contracts entered into by the Missouri highways and transportation commission in the design and construction of projects financed in whole or in part with federal funds shall be entered into with minority-owned construction companies or businesses. If there are not a sufficient number of qualified minority business enterprises in a geographic area to meet the ten percent goal established in this section, then the contract recipient shall make a good faith effort to solicit and use subcontracts with minority business enterprises located within reasonable proximity to the geographic area in order to meet the ten percent goal established in this section or increase minority business enterprise participation in other projects.]

[226.907. 1. The provisions of sections 226.900 and 226.905 shall not apply to any contracts necessitated by damage inflicted in the flood of 1993.

2. If the report required by section 226.900 certifies that the ten percent goal has been achieved, the provisions of section 226.905 and this section dealing with minority-owned construction companies shall become null and void.]

[226.910. If the United States Secretary of Transportation determines that sections 226.900 to 226.907 have the effect of placing the state of Missouri in noncompliance with any federal constitutional, statutory or regulatory provision that would result in the loss of any federal aid funds to the Missouri highways and transportation commission, then sections 226.900 to 226.907 shall be null and void.]; and

Further amend the title and enacting clause accordingly.

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

Senator Russell offered SA 10:

SENATE AMENDMENT NO. 10

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1681 and 1342, Page 2, Section 21.795, Line 34, by inserting after all of said line the following:

"(d) Total state and federal revenue compared to the revenue estimate in the fifteen-year-highway plan as adopted in 1992;".

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

Senator Flotron offered SA 11:

SENATE AMENDMENT NO. 11

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:

"226.270. 1. The [said state highways and transportation] department of transportation or other body designated by law to have charge of the state highways of the state of Missouri in case they desire to condemn the lands, property and plants described in sections 226.240 to 226.270 shall proceed in condemnation of said properties in accordance with the provisions of chapter 523, RSMo, so far as is applicable to said [state highways and transportation] department of transportation.

2. Notwithstanding any other provisions of law to the contrary, if the department of transportation acquires any real property pursuant to the authority of sections 226.240 to 226.270, for the purpose of any highway right-of-way including, but not limited to, access roads, exit ramps and outer roads, and the department attempts to divest itself of title, then any person who was the owner or joint owner of such property and who held title to the land immediately prior to the time the department acquired such property, or such person's heirs, shall have a right of first refusal to repurchase the property at a price not to exceed the amount which was paid to the person by the department for such property. The provisions of this subsection shall be retroactive in their operation with respect to any real property the department holds title to on the effective date of this act which was acquired pursuant to the authority of sections 226.240 to 226.270.

226.967. From the date the commission gives notice of probable intent to acquire the whole or any part of the subject property which is within the highway corridor, or is deemed to have given such notice, the regulatory authority shall take no action to approve the property owner's application or request for a further period of one hundred twenty days. If the commission does not acquire, agree to acquire, or commence an action in circuit court to condemn the property within this one hundred twenty-day period, the regulatory authority shall then be free to act upon the pending application in such manner as may be provided by law. If the location of a corridor is changed after property is acquired by the commission, the person from whom the property was acquired, or such person's heirs, shall have [the] a right of first refusal to reacquire the property [at a cost of not more than the compensation paid by the commission to such person for the property] pursuant to section 226.270."; and

Further amend the title and enacting clause accordingly.

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

Senator Staples moved that SCS for HCS for HBs 1681 and 1342, as amended, be adopted, which motion prevailed.

On motion of Senator Staples, SCS for HCS for HBs 1681 and 1342, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
Curls DePasco Ehlmann Flotron
Graves House Jacob Johnson
Kenney Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Scott Sims Staples
Westfall Wiggins Yeckel--27
NAYS--Senators
Goode Howard Kinder Klarich
Schneider Singleton--6
Absent--Senator Banks--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HB 1707, introduced by Representatives Copeland and Liese, entitled:

An Act to repeal section 30.270, RSMo 1994, relating to the state treasurer, and to enact in lieu thereof one new section relating to the same subject.

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

President Pro Tem McKenna assumed the Chair.

On motion of Senator Mathewson, HB 1707 was read the 3rd time and passed by the following vote:

YEAS--Senators
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 Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Banks Scott--2
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

HB 1158, with SCS, introduced by Representatives McClelland and Gibbons, entitled:

An Act to repeal section 644.032, RSMo Supp. 1997, relating to local parks, and to enact in lieu thereof one new section relating to the same subject.

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

SCS for HB 1158, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1158

An Act to repeal section 644.032, RSMo Supp. 1997, and section 15735, as said section last appeared in RSMo 1939, and dropped from RSMo 1949, pursuant to sections 3.030 and 3.040, RSMo 1949, relating to local parks, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Mueller moved that SCS for HB 1158 be adopted, which motion prevailed.

On motion of Senator Mueller, SCS for HB 1158 was read the 3rd time and passed by the following vote:

YEAS--Senators
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--33
NAYS--Senators--None
Absent--Senator Banks--1
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

HB 1120, introduced by Representative Griesheimer, entitled:

An Act to repeal sections 105.454, 105.456, 105.458 and 105.462, RSMo 1994, relating to prohibited acts by certain public officers, and to enact in lieu thereof four new sections relating to the same subject.

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

On motion of Senator Klarich, HB 1120 was read the 3rd time and passed by the following vote:

YEAS--Senators
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--33
NAYS--Senators--None
Absent--Senator Banks--1
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

HB 1748, with SCA 1, introduced by Representative Wannemacher, entitled:

An Act to repeal sections 294.011 and 294.030, RSMo Supp. 1997, relating to child labor, and to enact in lieu thereof two new sections relating to the same subject.

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

SCA 1 was taken up.

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

On motion of Senator Westfall, HB 1748, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
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 Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Banks Staples--2
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

HB 1160, introduced by Representative Treadway, entitled:

An Act to repeal section 375.786, RSMo 1994, relating to certificates of authority required for the transaction of insurance business, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator Westfall, HB 1160 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 Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Staples--1
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

HB 1374, introduced by Representative Scheve, entitled:

An Act relating to notification to policyholders of loan interest due.

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

On motion of Senator Scott, HB 1374 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 Scott, title to the bill was agreed to.

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

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

HB 1090, introduced by Representative Auer, entitled:

An Act to repeal section 374.122, RSMo 1994, relating to the department of insurance.

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

On motion of Senator Scott, HB 1090 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 Scott, title to the bill was agreed to.

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

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

HB 1794, introduced by Representative Monaco, entitled:

An Act to repeal section 443.415, RSMo 1994, relating to mortgage insurance, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator Wiggins, HB 1794 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

HB 1718, introduced by Representative Chrismer, et al, entitled:

An Act to repeal section 42.012, RSMo 1994, and section 42.010, RSMo Supp. 1997, relating to veterans' cemeteries, and to enact in lieu thereof two new sections relating to the same subject.

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

Senator Ehlmann moved that HB 1718 be read the 3rd time and finally passed.

At the request of Senator Ehlmann, the above motion was withdrawn.

HB 1299, introduced by Representative Skaggs, entitled:

An Act to repeal section 169.322, RSMo 1994, and sections 169.324, 169.326 and 169.328, RSMo Supp. 1997, relating to the public school retirement system in certain school districts, and to enact in lieu thereof four new sections relating to the same subject.

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

On motion of Senator DePasco, HB 1299 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 Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Russell--1
Absent with leave--Senators--None

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

MESSAGES FROM THE HOUSE

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

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

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 739 and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for SS No. 2 for SCS for SB 632, entitled:

An Act to amend chapter 208, RSMo, by adding thereto two new sections relating to providing health care coverage through Medicaid for certain uninsured children, with an expiration date for a certain section.

With House Substitute Amendment No. 1 for House Amendment No. 1, House Substitute Amendment No. 1 for House Amendment No. 2, House Amendment No. 3, House Substitute Amendment No. 1 for House Amendment No. 6, House Amendments Nos. 7 and 8, House Substitute Amendment No. 1 for House Amendment No. 9.

HOUSE SUBSTITUTE AMENDMENT NO. 1

FOR HOUSE AMENDMENT NO. 1

Amend House Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 632, Page 2, Section 208.185(3); Lines 11 - 13, by deleting all of said lines and inserting in lieu thereof the following:

"The department of social services is authorized to pay for coverage of health care services for uninsured children whose parents or guardians have an available income between 0% and 185%, between 186% and 225%, between 226% and 250%, between 251% and 275% and between 276% and 300% of the federal poverty level, subject to appropriation.".

HOUSE SUBSTITUTE AMENDMENT NO. 1

FOR HOUSE AMENDMENT NO. 2

Amend House Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 632, Page 4, Section 208.185, Line 11 of said page, by inserting at the end of said line the following: "The five-dollar copayment provided for in this section shall be waived for good cause, which includes, but is not limited to, the inability of the parent or guardian to afford such copayment. If the copayment is waived the payment shall be the responsibility of the state of Missouri.".

HOUSE AMENDMENT NO. 3

Amend House Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 632, Page 3, Section 4, Lines 4-5, by deleting on Line 4 [annually] and on Line 5 [inoculations] and [an annual]; and

Further amend by inserting on line 4, "upon request" and on line 5, "immunizations" and "periodic".

HOUSE SUBSTITUTE AMENDMENT NO. 1

FOR HOUSE AMENDMENT NO. 6

Amend House Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 632, Page 7, Section 208.185, Line 11, by adding the following after said line:

"12. No funds used to pay for insurance or for services pursuant to this section may be expended to encourage, counsel, or refer for abortion unless the abortion is done to save the life of the mother or if the unborn child is the result of rape or incest. No funds may be paid pursuant to this section to any person or organization that performs abortions or counsels or refers for abortion unless the abortion is done to save the life of the mother or if the unborn child is the result of rape or incest.".

HOUSE AMENDMENT NO. 7

Amend House Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 632, Page 6, Section 208.185, Line 2, by adding after said line the following:

"(5) The overall cost of the program to the state of Missouri.".

HOUSE AMENDMENT NO. 8

Amend House Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 632, Page 3, Section 208.185, Line 6, by inserting at the end of all of said line the following:

"This subdivision shall not apply to any child whose parent or legal guardian objects in writing to such wellness programs including inoculations and an annual physical examination because of religious beliefs or medical contraindications.".

HOUSE SUBSTITUTE AMENDMENT NO. 1

FOR HOUSE AMENDMENT NO. 9

Amend House Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 632, Page 3, Section 208.185, Line 6, by adding after the word "examination", the following:

"(6) Demonstrate annually that their total net worth does not exceed two hundred fifty thousand dollars in total value.".

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 HCS for SCS for SJR 24, entitled:

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 37(e) of article III of the Constitution of Missouri, relating to powers of the legislature by adding thereto three new sections relating to the issuance of bonds for water pollution and stormwater control.

With House Amendment No. 1.

HOUSE AMENDMENT NO. 1

Amend House Committee Substitute for Senate Committee Substitute for Senate Joint Resolution No. 24, Page 4, Section 37(g), Line 8, by deleting the words "administered by" and inserting in lieu thereof the following: "through grants and loans administered by the clean water commission and".

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HB 1052 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HB 1239 and has taken up and passed HB 1239, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HB 927, as amended: Representatives: Hosmer, Foley, Smith, Hendrickson, Wooten.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 1002 and has taken up and passed CCS for SCS for HCS for HB 1002.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 1003 and has taken up and passed CCS for SCS for HCS for HB 1003.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 1004 and has taken up and passed CCS for SCS for HCS for HB 1004.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 1005 and has taken up and passed CCS for SCS for HCS for HB 1005.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House requests the Senate return SB 945, as amended, to the House for the purpose of adopting the emergency clause.

PRIVILEGED MOTIONS

Senator Banks moved that the Senate refuse to recede from its position on SCS for HB 1052 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 SB 739, with HCS: Senators McKenna, Staples, Jacob, Bentley and Westfall.

Also,

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HB 927, with SCS, as amended: Senators Maxwell, Quick, Clay, Bentley and Graves.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and HB 1508 and HB 1609, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bills would be signed by the President Pro Tem to the end that they may become law. No objections being made, the bills were so read by the Secretary and signed by the President Pro Tem.

RESOLUTIONS

Senator Schneider offered Senate Resolution No. 1824, regarding John Robert Keeven, Florissant, which was adopted.

Senator Schneider offered Senate Resolution No. 1825, regarding Betty Jean F. Marxkors, which was adopted.

Senator Schneider offered Senate Resolution No. 1826, regarding Virginia L. Frede, which was adopted.

Senator Schneider offered Senate Resolution No. 1827, regarding Lowell W. Lilly, which was adopted.

Senator Schneider offered Senate Resolution No. 1828, regarding Joyce E. Driemeier, which was adopted.

Senator Schneider offered Senate Resolution No. 1829, regarding Nancy Reindl, Creve Coeur, which was adopted.

Senator Schneider offered Senate Resolution No. 1830, regarding James Donald Lee Converse, Florissant, which was adopted.

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

RECESS

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

HOUSE BILLS ON THIRD READING

HB 968, introduced by Representative Barry, entitled:

An Act to repeal section 174.125, RSMo 1994, relating to certain teacher-training institutions, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator Johnson, HB 968 was read the 3rd time and passed by the following vote:

YEAS--Senators
Caskey Childers Clay Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Westfall Wiggins Yeckel--27
NAYS--Senators--None
Absent--Senators
Banks Bentley Curls DePasco
Ehlmann Klarich Staples--7
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

HB 1046, with SCA 1, introduced by Representative O'Toole, entitled:

An Act to amend chapter 610, RSMo, relating to certain governmental records, by adding thereto one new section relating to the same subject.

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

SCA 1 was taken up.

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

On motion of Senator Scott, HB 1046, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Caskey Childers Clay 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--30
NAYS--Senators--None
Absent--Senators
Banks Bentley Curls DePasco--4
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

HB 1088, introduced by Representative Boucher, entitled:

An Act relating to blind and visually impaired students.

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

Senator Caskey requested unanimous consent of the Senate to suspend the rules for the purpose of offering an amendment, which request was granted.

Senator Caskey offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend House Bill No. 1088, Page 2, Section 1, Line 23, by inserting after said line:

"393.300. Any provider of telephone, sewer, water, electric or gas utility service, whether public or private, shall, upon the request of a customer of such provider, provide the customer's bills in braille or no less than twenty-four point bold-faced type print or both.

Section B. Section 393.300 shall become effective on August 28, 1999."; and

Further amend the title and enacting clause accordingly.

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

On motion of Senator Caskey, HB 1088, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
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--30
NAYS--Senators--None
Absent--Senators
Banks Curls DePasco Ehlmann--4
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 House moved that motion lay on the table, which motion prevailed.

HB 955, introduced by Representatives Lograsso and Ross, entitled:

An Act to repeal sections 165.211, 165.221 and 165.231, RSMo 1994, relating to school finances, 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 House.

On motion of Senator House, HB 955 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Clay DePasco
Ehlmann Flotron Goode Graves
House Howard Jacob Johnson
Kenney Kinder Klarich Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Banks Childers Curls Lybyer--4
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

Senator Ehlmann moved that HB 1718 be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

On motion of Senator Ehlmann, HB 1718 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

HB 1162, introduced by Representative DeMarce, et al, entitled:

An Act relating to the Jim Sears Leadership Scholarship.

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

On motion of Senator Maxwell, HB 1162 was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
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--32
NAYS--Senators--None
Absent--Senators
Banks Curls--2
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 House moved that motion lay on the table, which motion prevailed.

HB 1588, introduced by Representative Luetkenhaus, entitled:

An Act to repeal section 320.094, RSMo Supp. 1997, relating to the fire education trust fund, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator House, HB 1588 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

HB 1747, introduced by Representative Ostmann, entitled:

An Act to authorize the governor to convey certain property located in the city of O'Fallon to the Fort Zumwalt R-II School District, with an emergency clause.

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

On motion of Senator Ehlmann, HB 1747 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann 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--32
NAYS--Senators--None
Absent--Senators
Curls Flotron--2
Absent with leave--Senators--None

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

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

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

PRIVILEGED MOTIONS

Senator Clay moved that SB 786, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 786, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 786An Act to repeal sections 213.010, 213.020, 213.040, 213.045, 213.050, 213.055, 213.065, 213.070, 213.101 and 213.111, RSMo 1994, and section 213.030, RSMo Supp. 1997, relating to human rights, and to enact in lieu thereof twelve new sections relating to the same subject.

Was taken up.

Senator Clay moved that HCS for SB 786 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Banks Bentley Caskey Clay
DePasco Ehlmann Flotron Goode
House Howard Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Schneider Scott
Sims Singleton Staples Wiggins
Yeckel--29
NAYS--Senators
Childers Graves Russell Westfall--4
Absent--Senator Curls--1
Absent with leave--Senators--None

On motion of Senator Clay, HCS for SB 786 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Clay
DePasco Ehlmann Flotron Goode
House Howard Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Quick Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--29
NAYS--Senators
Childers Graves Rohrbach Russell--4
Absent--Senator Curls--1
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Caskey moved that SB 842, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 842, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 842An Act to repeal section 217.360, RSMo Supp. 1997, relating to offenses committed on the premises of correctional centers, and to enact in lieu thereof one new section relating to the same subject.

Was taken up.

Senator Caskey moved that HCS for SB 842 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Curls Staples--2
Absent with leave--Senators--None

On motion of Senator Caskey, HCS for SB 842 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Curls Staples--2
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.

Bill ordered enrolled.

Senator Caskey moved that SB 841, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 841, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 841An Act to repeal sections 50.1000, 50.1040, 50.1090, 50.1100 and 50.1140, RSMo 1994, and section 50.1110, RSMo Supp. 1997, relating to certain retirement systems, and to enact in lieu thereof eight new sections relating to the same subject.

Was taken up.

Senator Caskey moved that HCS for SB 841, as amended, be adopted, which motion prevailed by the following vote:

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

On motion of Senator Caskey, HCS for SB 841, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
DePasco Flotron Goode Graves
House Howard Jacob Johnson
Kenney Kinder Klarich Mathewson
Maxwell McKenna Mueller Quick
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--29
NAYS--Senator Rohrbach--1
Absent--Senators
Banks Curls Ehlmann Lybyer--4
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.

Bill ordered enrolled.

Senator Clay moved that SB 854, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 854, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 854

An Act to repeal sections 333.041, 333.042 and 333.051, RSMo 1994, relating to funeral directing, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up.

Senator Clay moved that HCS for SB 854 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Flotron Goode
House Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--29
NAYS--Senators
Graves Rohrbach--2
Absent--Senators
Curls Ehlmann Howard--3
Absent with leave--Senators--None

On motion of Senator Clay, HCS for SB 854 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Flotron House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Russell Schneider Scott Singleton
Staples Westfall Wiggins Yeckel--28
NAYS--Senators
Graves Rohrbach--2
Absent--Senators
Curls Ehlmann Goode Sims--4
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Maxwell moved that SB 898, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 898, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 898

An Act to repeal sections 320.300, 320.302, 320.305 and 320.307, RSMo 1994, and section 320.094, RSMo Supp. 1997, relating to fire protection districts, and to enact in lieu thereof five new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Maxwell moved that HCS for SB 898 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Flotron Goode
Graves House Howard Jacob
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Quick Russell Schneider Scott
Sims Singleton Westfall Wiggins
Yeckel--29
NAYS--Senator Rohrbach--1
Absent--Senators
Curls Ehlmann Johnson Staples--4
Absent with leave--Senators--None

On motion of Senator Maxwell, HCS for SB 898 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Curls Ehlmann Staples--3
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 Quick moved that motion lay on the table, which motion prevailed.

Bill ordered enrolled.

Senator Maxwell moved that SB 970, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 970, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 970

An Act relating to the Missouri agricultural and small business development authority.

Was taken up.

Senator Maxwell moved that HCS for SB 970 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Russell Schneider
Scott Sims Singleton Westfall
Wiggins Yeckel--30
NAYS--Senators
Flotron Rohrbach--2
Absent--Senators
Quick Staples--2
Absent with leave--Senators--None

On motion of Senator Maxwell, HCS for SB 970 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 Mueller Quick
Russell Schneider Scott Sims
Singleton Westfall Wiggins Yeckel--28
NAYS--Senators
Flotron Graves Kinder Klarich
Rohrbach--5
Absent--Senator Staples--1
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 Quick moved that motion lay on the table, which motion prevailed.

Bill ordered enrolled.

Senator Flotron moved that SB 963, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 963, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 963

An Act to repeal sections 197.305 and 197.313, RSMo Supp. 1997, relating to care facility licensure, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Flotron moved that HCS for SB 963 be adopted, which motion prevailed 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 Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Russell--1
Absent with leave--Senators--None

Senator Wiggins assumed the Chair.

Senator Lybyer requested unanimous consent of the Senate to allow the Senate conferees on HB 1010 to meet while the Senate is in session, which request was granted.

On motion of Senator Flotron, HCS for SB 963 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 Flotron, title to the bill was agreed to.

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

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

Bill ordered enrolled.

HOUSE BILLS ON THIRD READING

HS for HCS for HB 1095, with SCS, entitled:

An Act to repeal sections 610.010, 610.015, 610.020, 610.022, 610.023, 610.026, 610.027, 610.029, 610.030, 610.105 and 610.125, RSMo 1994, and sections 610.021, 610.100 and 610.200, RSMo Supp. 1997, relating to governmental meetings and records, and to enact in lieu thereof fourteen new sections relating to the same subject, with penalty provisions.

Was taken up by Senator McKenna.

SCS for HS for HCS for HB 1095, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1095

An Act to repeal sections 610.010, 610.015, 610.020, 610.022, 610.023, 610.026, 610.027, 610.029, 610.030, 610.105 and 610.125, RSMo 1994, and sections 610.021, 610.100, 630.167 and 630.710, RSMo Supp. 1997, relating to governmental bodies, and to enact in lieu thereof fifteen new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator McKenna moved that SCS for HS for HCS for HB 1095 be adopted.

Senator McKenna offered SS for SCS for HS for HCS for HB 1095, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1095

An Act to repeal sections 610.010, 610.015, 610.020, 610.022, 610.023, 610.026, 610.027, 610.029, 610.030, 610.105 and 610.125, RSMo 1994, and sections 610.021 and 610.100, RSMo Supp. 1997, relating to governmental bodies, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions.

Senator McKenna moved that SS for SCS for HS for HCS for HB 1095 be adopted.

Senator Klarich offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, Page 1, Section A, Line 7, by inserting immediately after all of said line the following:

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

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

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

589.400. 1. Sections 589.400 to 589.425 shall apply to:

(1) Any person who, since July 1, 1979, has been or is hereafter convicted of, received a suspended imposition of sentence for, been found guilty of, or pled guilty to committing, or attempting to commit, a felony offense of chapter 566, RSMo; or

(2) Any person who, since July 1, 1979, has been or is hereafter convicted of, received a suspended imposition of sentence for, been found guilty of, or pled guilty to committing, or attempting to commit one or more of the following offenses, against a victim who is a minor, defined for the purposes of sections 589.400 to 589.425 as a person under seventeen years of age: kidnapping; promoting prostitution in the first degree; promoting prostitution in the second degree; promoting prostitution in the third degree; incest; abuse of a child; used a child in a sexual performance; or promoting sexual performance by a child[, and committed or attempted to commit the offense against a victim who is a minor, defined for the purposes of sections 589.400 to 589.425 as a person under seventeen years of age]; or

(3) Any person who, since July 1, 1979, has been committed to the department of mental health as a criminal sexual psychopath; or

(4) Any person who, since July 1, 1979, has been found not guilty as a result of mental disease or defect of any offense listed in subdivisions (1) or (2) of this subsection; or

(5) Any person who is a resident of this state who has, since July 1, 1979, or is hereafter convicted of, been found guilty of, or pled guilty or nolo contendere in any other state or under federal jurisdiction to committing, or attempting to commit, an offense which, if committed in this state, would be a felony violation of chapter 566, RSMo, or a felony violation of any offense listed in subdivision (2) of this subsection.

2. Any person to whom sections 589.400 to 589.425 applies shall, within fourteen days of coming into any county, register with the chief law enforcement official of the county in which such person resides. The chief law enforcement official shall forward a copy of the registration form required by section 589.407 to a city, town or village law enforcement agency located within the county of the chief law enforcement official, if so requested. Such request may ask the chief law enforcement official to forward copies of all registration forms filed with such official. The chief law enforcement official may forward a copy of such registration form to any city, town or village law enforcement agency, if so requested.

589.407. Any registration pursuant to sections 589.400 to 589.425 shall consist of completion of an offender registration form developed by the Missouri state highway patrol. Such form shall include, but is not limited to the following:

(1) A statement in writing signed by the person, giving the name, address, social security number and phone number of the person, the place of employment of such person, the crime which requires registration, whether the person was sentenced as a persistent or predatory offender pursuant to section 588.108, RSMo, the date [and], place and a brief description of such crime, the date and place of the conviction or plea regarding such crime, the age and gender of the victim at the time of the offense and whether the person successfully completed the Missouri sexual offender program pursuant to section 589.040, if applicable; and

(2) The fingerprints and a photograph of the person.

589.410. [1.] The chief law enforcement official shall forward the completed offender registration form to the central repository within ten days. The patrol shall enter the information into the Missouri uniform law enforcement system (MULES) where it is available to members of the criminal justice system upon inquiry.

[2. Notwithstanding any provision of law to the contrary, the chief law enforcement official, in accordance with rules promulgated by the department of public safety, shall release the information contained in the registration statement, as provided in subdivision (1) of section 589.407, made by an offender found to be a predatory sexual offender.]

589.414. 1. If any person required by sections 589.400 to 589.425 to register changes residence or address within the same county as his previous address, the person shall inform the chief law enforcement official, in writing within fourteen days, of such new address and phone number, if the phone number is also changed.

2. If any person required by sections 589.400 to 589.425 to register changes residence or address to a different county, the person shall inform both the chief law enforcement official with whom the person last registered [of the new address] and the chief law enforcement official of the county having jurisdiction over the new residence or address, in writing within fourteen days, of such new address and phone number, if the phone number is also changed.

3. Any person required by sections 589.400 to 589.425 to register who officially changes his name shall inform the chief law enforcement officer of such name change within seven days after such change is made.

4. In addition to the requirements of subsections 1 and 2 of this section, the following offenders shall contact the county law enforcement agency every ninety days to verify the information contained in their statement made pursuant to section 589.407:

(1) Any offender registered as a predatory or persistent offender;

(2) Any offender who is registered for a crime where the victim was under age eighteen at the time of the offense; and

(3) Any offender who has pled guilty or been found guilty pursuant to section 589.425 of failing to register or submitting false information when registering.

589.417. 1. Except for the specific information listed in subsection 2 of this section, the complete statements[, photographs] and fingerprints required by sections 589.400 to 589.425 shall not be subject to the provisions of chapter 610, RSMo, and are not public records as defined in section 610.010, RSMo, and shall be available only to courts, prosecutors and law enforcement agencies.

2. [The statements, photographs and fingerprints required by sections 589.400 to 589.425 shall not be subject to the provisions of chapter 610, RSMo, and are not public records as defined in section 610.010, RSMo, and shall not be open to inspection by the public or any person, other than a regularly employed peace officer or law enforcement officer.] Notwithstanding any provision of law to the contrary, the chief law enforcement official of the county shall maintain, for all offenders registered in such county, including those receiving a suspended imposition of sentence, a complete list of the names, addresses, crimes for which such offenders are registered, brief descriptions of such crimes and photographs of such offenders. Any person may request such list from the chief law enforcement official of such county. The list may be published as a public notice by any newspaper of general circulation in the county.

589.425. 1. Any person who is required to register pursuant to sections 589.400 to 589.425 [but] and:

(1) Includes any false information in his registration statement; or

(2) Fails to [do so] register; or

(3) Fails to timely verify registration information pursuant to section 566.614;

is guilty of a class A misdemeanor.

2. Any person who commits a second or subsequent violation of subsection 1 of this section is guilty of a class D felony."; and

Further amend the title and enacting clause accordingly.

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

Senator Johnson assumed the Chair.

Senator Caskey offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, Page 1, Section 610.010, Line 8, by inserting immediately before said line the following:

"43.503. 1. For the purpose of maintaining complete and accurate criminal history record information, all police officers of this state, the clerk of each court, the department of corrections, the sheriff of each county, the chief law enforcement official of a city not within a county and the prosecuting attorney of each county or the circuit attorney of a city not within a county shall submit certain criminal arrest, charge, and disposition information to the central repository for filing without undue delay in the form and manner required by sections 43.500 to 43.530.

2. All law enforcement agencies making misdemeanor and felony arrests as determined by section 43.506 shall furnish without undue delay, to the central repository, fingerprints, charges, and descriptions of all persons who are arrested for such offenses on standard fingerprint forms supplied by the highway patrol. All such agencies shall also notify the central repository of all decisions not to refer such arrests for prosecution. An agency making such arrests may enter into arrangements with other law enforcement agencies for the purpose of furnishing without undue delay such fingerprints, charges, and descriptions to the central repository upon its behalf. In instances where an individual less than seventeen years of age is taken into custody for an offense which would be considered a felony if committed by an adult, the arresting officer shall take one set of fingerprints for the central repository and may take another set for inclusion in a local or regional automated fingerprint identification system. These fingerprints shall be taken on fingerprint cards which are plainly marked "juvenile card" and shall be provided by the central repository. The fingerprint cards shall be so constructed that only the fingerprints, unique identifying number, and the court of jurisdiction are made available to the central or local repository. The remainder of the card which bears the individual's identification and the duplicate unique number shall be provided to the court of jurisdiction. The appropriate portion of the juvenile fingerprint card shall be forwarded to the central repository and the courts without undue delay. The fingerprint information from the card shall be captured and stored in the automated fingerprint identification system operated by the central repository. The juvenile fingerprint card shall be stored in a secure location, separate from all other fingerprint cards. In the event the fingerprints from this card are found to match latent prints searched in the automated fingerprint identification system, the court of jurisdiction shall be so advised.

3. The prosecuting attorney of each county or the circuit attorney of a city not within a county shall notify the central repository on standard forms supplied by the highway patrol of all charges filed, including all those added subsequent to the filing of a criminal court case, and whether charges were not filed in criminal cases for which the central repository has a record of an arrest. All records forwarded to the central repository by prosecutors or circuit attorneys as required by sections 43.500 to 43.530 shall include the state offense cycle number of the offense, and the originating agency identifier number of the reporting prosecutor, using such numbers as assigned by the highway patrol.

4. The clerk of the courts of each county or city not within a county shall furnish the central repository, on standard forms supplied by the highway patrol, with all final dispositions of criminal cases for which the central repository has a record of an arrest or a record of fingerprints reported pursuant to subsections 6 and 7 of this section. Such information shall include, for each charge:

(1) All judgments of not guilty, acquittals on the ground of mental disease or defect excluding responsibility, judgments or pleas of guilty including the sentence, if any, or probation, if any, pronounced by the court, nolle pros, discharges, releases and dismissals in the trial court;

(2) Court orders filed with the clerk of the courts which reverse a reported conviction or vacate or modify a sentence;

(3) Judgments terminating or revoking a sentence to probation, supervision or conditional release and any resentencing after such revocation; and

(4) The offense cycle number of the offense, and the originating agency identifier number of the reporting court, using such numbers as assigned by the highway patrol.

5. The clerk of the courts of each county or city not within a county shall furnish court judgment and sentence documents and the state offense cycle number of the offense, which result in the commitment or assignment of an offender, to the jurisdiction of the department of corrections or the department of mental health if the person is committed pursuant to chapter 552, RSMo. This information shall be reported to the department of corrections or the department of mental health at the time of commitment or assignment. If the offender was already in the custody of the department of corrections or the department of mental health at the time of such subsequent conviction, the clerk shall furnish notice of such subsequent conviction to the appropriate department [of corrections] by certified mail, return receipt requested, within ten days of such disposition.

6. After the court pronounces sentence, including an order of supervision or an order of probation granted for any offense which is required by statute to be collected, maintained, or disseminated by the central repository, or commits a person to the department of mental health pursuant to chapter 552, RSMo, the prosecuting attorney or the circuit attorney of a city not within a county shall ask the court to order a law enforcement agency to fingerprint immediately all [sentenced] persons appearing before the court to be sentenced or committed who have not previously been fingerprinted for the same case. The court shall order the requested fingerprinting if it determines that any sentenced or committed person has not previously been fingerprinted for the same case. The law enforcement agency shall submit such fingerprints to the central repository without undue delay.

7. The department of corrections and the department of mental health shall furnish the central repository with all information concerning the receipt, escape, execution, death, release, pardon, parole, commutation of sentence, granting of executive clemency, or discharge of an individual who has been sentenced to [the] that department's custody for any offenses which are mandated by [this act] law to be collected, maintained or disseminated by the central repository. All records forwarded to the central repository by the department as required by sections 43.500 to 43.530 shall include the offense cycle number of the offense, and the originating agency identifier number of the department using such numbers as assigned by the highway patrol."; and

Further amend said bill, page 24, Section 610.105, RSMo, line 22, by inserting immediately after said line the following: "If the accused is found not guilty due to mental disease or defect pursuant to section 552.030, RSMo, official records pertaining to the case shall thereafter be closed records upon such findings, except that the disposition may be accessed only by law enforcement agencies, child care agencies, facilities as defined in section 198.006, RSMo, and in-home services provider agencies as defined in section 660.250, RSMo, in the manner established by section 610.120."; and

Further amend the title and enacting clause accordingly.

Senator Caskey moved that the above amendment be adopted.

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

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 2

Amend Senate Amendment No. 2 to Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, Page 1, by adding: "and amend Section 610.010, Page 2, Line 13, by striking the words: "or judicial".

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

Senator Caskey moved that SA 2, as amended, be adopted, which motion prevailed.

Senator Jacob offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, Page 1, Section A, Line 7 of said page, by inserting immediately after all of said line the following:

"172.035. 1. The governor shall, by and with the advice and consent of the senate, appoint a student representative to the board of curators of the University of Missouri, who shall attend all meetings and participate in all deliberations of the board[, except any meeting, record or vote closed under the provisions of section 610.025, RSMo]. Such student representative shall not have the right to vote on any matter before the board.

2. Such student representative shall be a full-time student at the university as defined by the board, selected from a panel of three names submitted to the governor by the student government presidents of the campuses of the university, a citizen of the United States, and a resident of the state of Missouri. No person may be appointed who is not actually enrolled during the term of [his] such person's appointment as a student at the University of Missouri.

3. The term of the student representative shall be two years, except that the person first appointed shall serve until January 1, 1986.

4. If a vacancy occurs for any reason in the position of student representative, the governor shall appoint a replacement who meets the qualifications set forth in subsection 2 of this section and who shall serve until [his] the student representative's successor is appointed and qualified.

5. If the student representative ceases to be a student at the University of Missouri, or a resident of the state of Missouri, or fails to follow the board's attendance policy, the student representative's position shall at once become vacant, unless [his] such absence is caused by sickness or some accident preventing [his] such representative's arrival at the time and place appointed for the meeting.

[6. The student representative while attending meetings of the board shall receive his actual expenses which shall be paid out of the ordinary revenues of the university.]

6. The student representative shall receive the same reimbursement for expenses as other members of the board of curators receive pursuant to section 172.040.

7. Appointments made under this section shall be made in rotation from each of the four campuses of the University of Missouri, beginning with a student from the Columbia campus, next from the Rolla campus, next from the Kansas City campus, and then from the St. Louis campus.

8. Unless alternative arrangements for payment have been made and agreed to by the student and the university, the student representative shall have paid all student and tuition fees due prior to such appointment and shall pay all future student and tuition fees during the term of office when such fees are due.

172.036. 1. The governor shall, by and with the advice and consent of the senate, appoint a faculty representative to the board of curators of the University of Missouri, who shall attend all meetings and participate in all deliberations of the board. Such faculty representative shall have the same powers as other members of the board of curators except that such faculty member representative shall not have the right to vote on any matter before the board.

2. Such faculty member representative shall be selected from a panel of three names submitted to the governor by the faculty government presidents of the campuses of the university, be a full-time faculty member at the university, be a citizen of the United States, and a resident of the state of Missouri.

3. The term of the faculty member representative shall be two years.

4. If a vacancy occurs for any reason in the position of faculty member representative, the governor shall appoint a replacement who meets the qualifications set forth in subsection 2 of this section and who shall serve until such faculty member representative's successor is appointed and qualified.

5. If the faculty member representative ceases to be a full-time faculty member at such member's campus of the University of Missouri, or a resident of the state of Missouri, such position shall at once become vacant.

6. The faculty member representative shall receive the same reimbursement for expenses as other members of the board of curators receive pursuant to section 172.040.

7. Appointments made pursuant to this section shall be made in rotation from each of the four campuses of the University of Missouri, beginning with a faculty member from the Columbia campus, next from the Kansas City campus, next from the Rolla campus, and then from the St. Louis campus.

172.037. 1. For the purposes of this chapter, confidentiality, as determined by the board and as provided by law, shall apply to all members and representatives on the board.

2. Any member or representative on the board may recuse himself or herself from any deliberation or proceeding of the board.

3. Upon a unanimous affirmative vote of the members of the board who are present and who are not a student or faculty representative, a given meeting closed pursuant to sections 610.021 and 610.022, RSMo, shall be closed to the student representative, the faculty representative or both.

174.055. 1. The governor shall, by and with the advice and consent of the senate, appoint a student representative to the board of regents or governors of each educational institution referred to in section 174.020 who shall attend all meetings and participate in all deliberations of the board[, except any meeting, record or vote closed under the provisions of section 610.025, RSMo]. Such student representative shall not have the right to vote on any matter before the board.

2. Such student representative shall be a full-time student at the institution as defined by the board, selected from a panel of three names submitted to the governor by the student government president, a citizen of the United States, and a resident of the state of Missouri. No person may be appointed who is not actually enrolled during the term of [his] such person's appointment as a student at the institution.

3. The term of the student representative shall be two years, except that the person first appointed shall serve until January 1, 1986.

4. If a vacancy occurs for any reason in the position of student representative, the governor shall appoint a replacement who meets the qualifications set forth in subsection 2 of this section and who shall serve until [his] such representative's successor is appointed and qualified.

5. If the student representative ceases to be a student at the institution, or a resident of the state of Missouri, or fails to follow the board's attendance policy, the student representative's position shall at once become vacant, unless the student representative's absence is caused by sickness or some accident preventing the student representative's arrival at the time and place appointed for the meeting.

[6. The student representative shall receive no compensation or reimbursement for expenses.]

6. The student representative shall receive the same reimbursement for expenses as other members of the board of regents receive pursuant to section 174.100.

7. Unless alternative arrangements for payment have been made and agreed to by the student and the educational institution, the student representative shall have paid all student and tuition fees due prior to such appointment and shall pay all future student and tuition fees during the term of office when such fees are due.

174.056. 1. There shall be a faculty representative to the board of regents or governors of each educational institution referred to in section 174.020, appointed by the governor with the advice and consent of the senate, who shall attend all meetings and participate in all deliberations of the board. Such faculty member representative shall have the same powers as the other members of the board, except that such faculty member representative shall not have the right to vote on any matter before the board.

2. Such faculty member representative shall be selected from a panel of three names submitted to the governor by the president of each institution's faculty government association, be a full-time faculty member at the institution, a citizen of the United States, and a resident of the state of Missouri.

3. The term of the faculty member representative shall be two years.

4. If a vacancy occurs for any reason in the position of faculty member representative, the governor shall appoint a replacement who meets the qualifications set forth in subsection 2 of this section and who shall serve until such faculty member representative's successor is appointed and qualified.

5. If the faculty member representative ceases to be a full-time faculty member at the institution, or a resident of the state of Missouri, such position shall at once become vacant.

6. The faculty member representative shall receive the same reimbursement for expenses as other members of the board of regents receive pursuant to section 174.100.

174.057. 1. For the purposes of this chapter, confidentiality, as determined by the board and as provided by law, shall apply to all members and representatives on the board.

2. Any member or representative on the board may recuse himself or herself from any deliberation or proceeding of the board.

3. Upon a unanimous affirmative vote of the members of the board who are present and who are not a student or faculty representative, a given meeting closed pursuant to sections 610.021 and 610.022, RSMo, shall be closed to the student representative, the faculty representative or both.

174.610. [1.] The governing board of the Truman State University shall be a board of governors consisting of [ten] eleven members, composed of seven voting members and [three] four nonvoting members as provided in section 174.620, who shall be appointed by the governor of Missouri, by and with the advice and consent of the senate. No person shall be appointed a voting governor who is not a citizen of the United States and who has not been a resident of the state of Missouri for at least two years [next] immediately prior to [his] such person's appointment. Not more than four voting governors shall belong to any one political party. The appointed members of the board of regents serving on January 1, 1986, shall become members of the board of governors on January 1, 1986, and serve until the expiration of the terms for which they were appointed.

[2. The board of regents of the Truman State University is abolished.]

174.620. 1. The board of governors shall be appointed as follows:

(1) Four voting members [shall be selected] from the counties of Adair, Audrain, Boone, Callaway, Chariton, Clark, Howard, Knox, Lewis, Lincoln, Linn, Marion, Macon, Monroe, Montgomery, Pike, Putnam, Ralls, Randolph, St. Charles, Schuyler, Scotland, Shelby, Sullivan, and Warren, provided that not more than one member shall be appointed from the same county [of these aforementioned counties];

(2) Three voting members [shall be selected] from any of the seven college districts as contained in section 174.010, provided that no more than one member shall be appointed from the same congressional district;

(3) Two nonvoting members whose residence is other than the state of Missouri and who are knowledgeable of the educational mission of liberal arts institutions [shall be selected]; [and]

(4) One nonvoting member who is a student [shall be selected as provided in section 174.055]. Such student representative shall attend all meetings and participate in all deliberations of the board. Such student representative shall not have the right to vote on any matter before the board, but shall have all other powers and duties of section 174.055, and shall also meet the qualifications of section 174.055;

(5) One nonvoting member who is a full-time faculty member shall be selected as provided in section 174.622.

2. The term of service of the governors shall be as follows:

(1) The voting members shall be appointed for terms of six years; except, that of the voting members first appointed, two shall serve for terms of two years, two for terms of four years, and three for terms of six years;

(2) The nonvoting members who are not students or faculty members shall be appointed for terms of six years; except, that of the nonvoting members first appointed, one shall serve for a term of three years, and one shall serve a term of six years; and

(3) The nonvoting student member shall serve a two-year term as provided in section 174.055, and the nonvoting faculty member shall serve a two-year term as provided in section 174.622.

3. The governors, both nonvoting and voting, while attending the meetings of the board shall receive their actual and necessary expenses, which shall be paid out of the ordinary revenues of the university. Vacancies in terms of office caused by death, resignation or removal shall be filled in the manner provided by law for such vacancies on the board of curators of the [State] University of Missouri.

174.622. 1. The governor shall with the advice and consent of the senate appoint a faculty member representative to the board of governors of Truman State University, who shall attend all meetings and participate in all deliberations of the board. Such faculty member representative shall have the same powers and duties as the other members of the board of governors, except that such faculty member representative shall not have the right to vote on any matter before the board.

2. Such faculty member representative shall be selected from a panel of three names submitted to the governor by the president of the university's faculty senate, be a full-time faculty member at the university, a citizen of the United States, and a resident of the state of Missouri.

3. The term of the faculty member representative shall be two years.

4. If a vacancy occurs for any reason in the position of faculty member representative, the governor shall appoint a replacement who meets the qualifications set forth in subsection 2 of this section and who shall serve until such faculty member representative's successor is appointed and qualified.

5. If the faculty member representative ceases to be a full-time faculty member at the university, or a resident of the state of Missouri, such position shall at once became vacant.

175.021. 1. The governor shall, by and with the advice and consent of the senate, appoint a student representative to the board of curators of Lincoln University, who shall attend all meetings and participate in all deliberations of the board[, except any meeting, record or vote closed under the provisions of section 610.025, RSMo]. Such student representative shall not have the right to vote on any matter before the board.

2. Such student representative shall be a full-time student at the university as defined by the board, selected from a panel of three names submitted to the governor by the student government association of the university, a citizen of the United States, and a resident of the state of Missouri. No person may be appointed who is not actually enrolled during the term of [his] such person's appointment as a student at the university.

3. The term of the student representative shall be two years, except that the person first appointed shall serve until January 1, 1989.

4. If a vacancy occurs for any reason in the position of student representative, the governor shall appoint a replacement who meets the qualifications set forth in subsection 2 of this section and who shall serve until [his] such student representative's successor is appointed and qualified.

5. If the student representative ceases to be a student at the university, or a resident of the state of Missouri, or fails to attend any regularly called meeting of the board of which [he] such representative has due notice, [his] the position shall at once become vacant, unless [his] such student representative's absence is caused by sickness or some accident preventing [his] such representative's arrival at the time and place appointed for the meeting.

[6. The student representative shall receive no compensation or reimbursement for expenses.]

6. The student representative shall receive the same reimbursement for expenses as other members of the board of curators receive pursuant to section 175.030.

7. Unless alternative arrangements for payment have been made and agreed to by the student and the university, the student [representatives of all public colleges and universities] representative shall have paid all student and tuition fees due prior to [said appointments] such appointment and shall pay all future student and tuition fees during the term of office when [said] such fees are due.

175.022. 1. The governor shall with the advice and consent of the senate appoint a faculty member representative to the board of curators of Lincoln University, who shall attend all meetings and participate in all deliberations of the board. Such faculty member representative shall have the same powers as the other members of the board of curators, except that such faculty member representative shall not have the right to vote on any matter before the board.

2. Such faculty member representative shall be selected from a panel of three names submitted to the governor by the chair of the university faculty senate, be a full-time faculty member at the university, a citizen of the United States, and a resident of the state of Missouri.

3. The term of the faculty member representative shall be two years.

4. If a vacancy occurs for any reason in the position of faculty member representative, the governor shall appoint a replacement who meets the qualifications set forth in subsection 2 of this section and who shall serve until such faculty member representative's successor is appointed and qualified.

5. If the faculty member representative ceases to be a full-time faculty member at the university, or a resident of the state of Missouri, such position shall at once become vacant.

6. The faculty member representative shall receive the same reimbursement for expenses as other members of the board of curators receive pursuant to section 175.030.

175.023. 1. For the purposes of this chapter, confidentiality, as determined by the board and as provided by law, shall apply to all members and representatives on the board.

2. Any member or representative on the board may recuse himself or herself from any deliberation or proceeding of the board.

3. Upon a unanimous affirmative vote of the members of the board who are present and who are not a student or faculty representative, a given meeting closed pursuant to sections 610.021 and 610.022, RSMo, shall be closed to the student representative, the faculty representative or both."; and

Further amend the title and enacting clause accordingly.

Senator Jacob moved that the above amendment be adopted.

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

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

The President announced that photographers from the Associated Press had been given permission to take pictures in the Senate Chamber today.

Senator Mathewson assumed the Chair.

At the request of Senator Jacob, SA 3 was withdrawn, rendering the point of order moot.

Senator Jacob offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, Page 1, Section A, Line 7 of said page, by inserting immediately after said line the following:

"105.458. 1. No member of any legislative or governing body of any political subdivision of the state shall:

(1) Perform any service for such political subdivision or any agency of the political subdivision for any consideration other than the compensation provided for the performance of his official duties; or

(2) Sell, rent or lease any property to the political subdivision or any agency of the political subdivision for consideration in excess of five hundred dollars per annum unless the transaction is made pursuant to an award on a contract let or a sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received; or

(3) Attempt, for any compensation other than the compensation provided for the performance of his official duties, to influence the decision of any agency of the political subdivision on any matter; except that, this provision shall not be construed to prohibit such person from participating for compensation in any adversary proceeding or in the preparation or filing of any public document or conference thereon. Notwithstanding Missouri supreme court rule 1.10 of rule 4 or any other court rule or law to the contrary, other members of a firm, professional corporation or partnership shall not be prohibited pursuant to this subdivision from representing a person or other entity solely because a member of the firm, professional corporation or partnership serves as an unpaid city council member, provided that such official does not share directly in the compensation earned, so far as the same may reasonably be accounted, for such activity by the firm or by any other member of the firm.

2. No sole proprietorship, partnership, joint venture, or corporation in which any member of any legislative body of any political subdivision is the sole proprietor, a partner having more than a ten percent partnership interest, or a coparticipant or owner of in excess of ten percent of the outstanding shares of any class of stock, shall:

(1) Perform any service for the political subdivision or any agency of the political subdivision for any consideration in excess of five hundred dollars per annum unless the transaction is made pursuant to an award on a contract let after public notice and competitive bidding, provided that the bid or offer accepted is the lowest received;

(2) Sell, rent or lease any property to the political subdivision or any agency of the political subdivision where the consideration is in excess of five hundred dollars per annum unless the transaction is made pursuant to an award on a contract let or a sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received."; and

Further amend the title and enacting clause accordingly.

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

Senator Scott offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, Page 25, Section 610.125, Line 6, by inserting after all of said line the following:

"Section 1. Effective August 28, 1998, political subdivisions applying for or renewing their coverage through the Missouri consolidated health care plan shall submit as part of their application, health statements and other necessary documentation to determine the actuarial risk of the group and the rate that the health care plan will charge for covering the political subdivision.

2. The rates charged for health plans to political subdivisions with three to twenty-five employees shall be subject to the provisions of sections 379.932 to 379.952. Political subdivisions with other than from three to twenty-five employees shall be charged a rate that is actuarially justified by the risk presented by the political subdivision."; and

Further amend the title and enacting clause accordingly.

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

Senator Scott offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, Page 16, Section 610.026, Line 22, by inserting after all of said line the following:

"6. A person requesting copies, printouts or photographs of public records for a commercial purpose shall, upon making such a request, provide a certified statement setting forth the commercial purpose for which the copies, printouts or photographs will be used. Upon being furnished the verified statement the custodian of such records may furnish reproductions, the charge for which shall include the following:

(1) A portion of the cost to the government body for obtaining the original or copies of the documents, printouts or photographs;

(2) A reasonable fee for the cost of time, equipment and personnel in producing such reproduction; and

(3) The value of the reproduction on the commercial market.

7. If the custodian of a public record determines that the commercial purpose stated in the verified statement is a misuse of public records or is an abuse of the right to receive public records, the custodian may apply to the chief executive officer of the government body requesting that the executive by executive order prohibit the furnishing of copies, printouts or photographs for such commercial purpose. The executive, upon application from a custodian of public records, shall determine whether the commercial purpose is a misuse or an abuse of the public record. If the executive determines that the public record shall not be provided for such commercial purpose the executive shall issue an executive order prohibiting the providing of such public records for such commercial purpose. If no order is issued within thirty days of the date of application, the custodian of public records shall provide such copies, printouts or photographs upon being paid the fee determined pursuant to subsection 6 of this section.

8. A person who obtains public records for a commercial purpose without indicating the commercial purpose or who obtains a public record for a noncommercial purpose and uses or knowingly allows the use of such public record for a commercial purpose or who obtains a public record for commercial purpose and uses or knowingly allows the use of such public record for a different commercial purpose or who obtains a public record from anyone other than the custodian of such records and uses them for a commercial purpose shall in addition to other penalties be liable to the state or the political subdivision from which the public record was obtained for damages in the amount of three times the amount which would have been charged for the public record had the commercial purpose been stated plus costs and reasonable attorney's fees or shall be liable to the state or the political subdivision for the amount of three times the actual damages if it can be shown that the public record would not have been provided had the commercial purpose of actual use been stated at the time of obtaining the records.

9. As used in this section "commercial purpose" means the use of a public record for the purpose of sale or resale or for the purpose of producing a document containing all or part of the copy, printout or photograph for sale or the obtaining of names and addresses from such public records for the purpose of solicitation or the sale of such names and address to another for the purpose of solicitation or for any purpose in which the purchaser can reasonably anticipate the receipt of monetary gain from the director or indirect use of such public record. Commercial purpose does not mean the use of a public record as evidence or as research for evidence in an action in a judicial or quasi-judicial body of this state or a political subdivision of this state.

10. A person who obtains public records for a commercial purpose without indicating the commercial purpose or who obtains a public record for a noncommercial purpose and uses or knowingly allows the use of such public record for a commercial purpose or who obtains a public record for a commercial purpose and uses or knowingly allows the use of such public record for a different commercial purpose or who obtains a public record from anyone other than the custodian of such records and uses them for a commercial purpose is guilty of a class B misdemeanor.".

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

Senator Rohrbach offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, Page 1, Section A, Line 7, by inserting immediately after all of said line the following:

"[32.055. Subject to the provisions of sections 32.090 and 32.091, the director of revenue may sell lists of motor vehicle registrations to any organization organized under an act of the Congress of the United States in accordance with the fee limitations as provided in section 610.026, RSMo.]

32.055. Subject to the provisions of sections 32.090 and 32.091, the director of revenue [may] shall not sell lists of motor vehicle registrations or other personal information held by the department of revenue. Individual motor vehicle registration records and other personal information held by the department of revenue may be disclosed to any person or organization organized under an act of the Congress of the United States in accordance with the fee limitations as provided in section 610.026, RSMo.

32.091. 1. As used in sections 32.090 and 32.091, the following terms mean:

(1) "Motor vehicle record", any record that pertains to a motor vehicle operator's permit, motor vehicle title, motor vehicle registration or identification card issued by the department of revenue;

(2) "Person", an individual, organization or entity, but does not include a state or agency thereof;

(3) "Personal information", information that identifies an individual, including an individual's photograph, social security number, driver identification number, name, address, but not the five-digit zip code, telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations and driver's status.

2. The department of revenue may disclose individual motor vehicle records pursuant to section 2721(b)(11) of Title 18 of the United States Code [and may disclose motor vehicle records in bulk pursuant to section 2721(b)(12) of Title 18 of the United States Code] in the manner prescribed in this section. The department shall provide to all individuals for which such records are maintained a method by which an individual may prohibit personal information in such individual's records from being disclosed pursuant to this section.

3. A notice that the personal information may be disclosed pursuant to this section and a notice of an individual's right to prohibit such disclosure shall be printed on all forms for issuance or renewal of motor vehicle titles and registrations prescribed in chapter 301, RSMo, and forms for issuance or renewal of motor vehicle operator's permits, licenses and personal identification cards issued pursuant to chapter 302, RSMo, in a clear and conspicuous manner. [In addition, with respect to bulk disclosures, the department shall ensure that the personal information disclosed shall be used, rented or sold solely for bulk distribution for surveys, marketing and solicitations, and that such surveys, marketing and solicitations shall not be directed at individuals who have notified the department in a timely manner that they do not want the personal information contained in motor vehicle records disclosed.]

4. Notwithstanding any other provision of law to the contrary, the department of revenue shall disclose any motor vehicle record or personal information permitted to be disclosed pursuant to sections 2721(b)(1) to 2721(b)(10) and 2721(b)(13) to 2721(b)(14) of Title 18 of the United States Code.

5. Pursuant to section 2721(b)(14) of Title 18 of the United States Code, any person who has a purpose to disseminate to the public a newspaper, book, magazine, broadcast or other similar form of public communication, including dissemination by computer or other electronic means, may request the department to provide individual or bulk motor vehicle records, such dissemination being related to the operation of a motor vehicle or to public safety. Upon receipt of such request, the department shall release the requested motor vehicle records. It is the public policy of this state that records be open to the public unless otherwise provided by law. The disclosure provisions of this section shall be liberally construed and the exemptions strictly construed to promote this public policy."; and

Further amend the title and enacting clause accordingly.

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

Senator Sims offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, Page 1, Section A, Line 7, by inserting after all of said line the following:

"105.271. 1. An adoptive parent who is employed by the state of Missouri, its departments, agencies, or political subdivisions, may use his or her accrued sick leave, annual leave, or the same leave without pay granted to biological parents to take time off for purposes of arranging for the adopted child's placement or caring for the child after placement.  The employer shall not penalize an employee for requesting or obtaining time off according to this section.

2. A stepparent, as defined in section 453.015, RSMo, who is employed by the state of Missouri, its departments, agencies, or political subdivisions, may use his or her accrued sick leave, annual leave or the same leave without pay granted to biological parents to take time off to care for his or her stepchild.  The employer shall not penalize an employee for requesting or obtaining time off according to this section.

[2.] 3. The leave authorized by this section may be requested by the employee only if the employee is the person who is primarily responsible for furnishing the care and nurture of the child.

453.015. As used in sections 453.010 to [453.335] 453.400, the following terms mean:

(1) "Minor" or "child", any person who has not attained the age of eighteen years or any person in the custody of the division of family services who has not attained the age of twenty-one;

(2) "Parent", a birth parent or parents of a child, including the putative father of the child, as well as the husband of a birth mother at the time the child was conceived, or a parent or parents of a child by adoption.  The putative father shall have no legal relationship unless he has acknowledged the child as his own by affirmatively asserting his paternity;

(3) "Putative father", the alleged or presumed father of a child including a person who has filed a notice of intent to claim paternity with the putative father registry established in section 192.016, RSMo, and a person who has filed a voluntary acknowledgment of paternity pursuant to section 193.087, RSMo[.]; and

(4) "Stepparent", the spouse of a biological or adoptive parent. The term does not include the state if the child is a ward of the state. The term does not include a person whose parental rights have been terminated."; and

Further amend the title and enacting clause accordingly.

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

Senator DePasco offered SA 9:

SENATE AMENDMENT NO. 9

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, Page 25, Section 610.125, Line 6, by inserting after all of said line the following:

"610.200. [All local] 1. Except as provided in subsection 2 of this section all law enforcement agencies that maintain a daily log or record that lists suspected crimes, accidents, or complaints, shall make available the following information for inspection and copying by the public:

(1) The time, substance, and location of all complaints or requests for assistance received by the agency;

(2) The time and nature of the agency's response to all complaints or request for assistance; and

(3) If the incident involves an alleged crime or infraction:

(a) The time, date, and location of occurrence;

(b) The name and age of any victim, unless the victim is a victim of a crime under chapter 566, RSMo;

(c) The factual circumstances surrounding the incident; and

(d) A general description of any injuries, property or weapons involved.

2. Any law enforcement agency with custody of an accident report or incident report, as defined in section 610.100, shall not release the report containing the factual circumstances or general description of any injuries as provided in paragraphs (c) and (d) of subdivision (3) of subsection 1 of this section to a person that is not an interested party. For the purposes of this subsection, an "interested party" is any law enforcement agency, any person who was involved in the accident or incident, the owner of any vehicle involved in the accident or incident, the insurance company, physician or family member of any person involved in the accident or incident or any attorney or any member of the news media."; and

Further amend the title and enacting clause accordingly.

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

Senator Maxwell offered SA 10:

SENATE AMENDMENT NO. 10

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, Page 1, Section A, Line 7, by inserting immediately after said line the following:

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

(1) "Communicable disease", an illness due to an infectious agent or its toxic products and transmitted directly or indirectly to a susceptible host from an infected person, animal or arthropod or through the agency of an intermediate host or a vector or through the inanimate environment;

(2) "Designated officer", an employee of the department or a city or county health officer, or designee, located in or employed by appropriate agencies serving geographical regions and appointed by the director of the department of health, whose duties consist of:

(a) Collecting, upon request, facts surrounding possible exposure of a first responder or good samaritan to a communicable disease or infection;

(b) Contacting facilities that receive patients or clients of potentially exposed first responders or good samaritans to ascertain if a determination has been made as to whether the patient or client has had a communicable disease or infection and to ascertain the results of that determination; and

(c) Notifying the first responder or good samaritan as to whether or not there is reason for concern regarding possible exposure;

(3) "First responder", any person trained and authorized by law or rule to render emergency medical assistance or treatment. Such persons may include, but shall not be limited to, emergency first responders, police officers, sheriffs, deputy sheriffs, firefighters, ambulance attendants and attendant drivers, emergency medical technicians, mobile emergency medical technicians, emergency medical technician-paramedics, registered nurses or physicians;

(4) "Good samaritan", any person who renders emergency medical assistance or aid until such time as relieved of these duties by a first responder;

(5) "Licensed facility", a facility licensed [under] pursuant to chapter 197, RSMo, or a state medical facility;

(6) "Peace officer", a member of the state highway patrol, or any state, county or municipal law enforcement officer who serves full time with pay and possesses the duty and power of arrest for violations of the criminal laws of the state, or for violations of the ordinances of counties or municipalities of the state.

192.802. The department of health shall ensure that peace officers, first responders or good samaritans are notified if there is reason to believe an exposure has occurred which may present a significant risk of a communicable disease as a result of a peace officer performing any lawful duty, or first responder, good samaritan or peace officer attending or transporting a patient to a licensed facility. At the request of any first responder, the licensed facility shall notify any such first responder and at the request of any good samaritan, the designated officer shall notify such good samaritan, and at the request of any peace officer, the licensed facility or the designated officer shall notify such peace officer. Notification will be made as soon as practicable, but not later than forty-eight hours, to the department of health or a designated officer.

192.804. 1. First responders or good samaritans who attended or transported a patient who believe that they may have received an exposure which may present a significant risk of a communicable disease by a patient may provide a written request concerning the suspected exposure to either the licensed facility that received the patient or the designated officer, detailing the nature of the alleged exposure. The form shall inform the first responder or good samaritan, in bold print, of the provisions of subsections 1 and 6 of section 191.656, RSMo, regarding confidentiality and consequences of violation of confidentiality provisions. The first responder or good samaritan shall be given a copy of the request form.

2. Peace officers acting in the lawful performance of their duties who believe they may have received an exposure which may present a significant risk of a communicable disease by an individual may provide a written request concerning the suspected exposure to either the licensed facility that received an individual or the designated officer, detailing the nature of the alleged exposure.

3. If the licensed facility, designated officer, coroner or medical examiner makes a determination that there was an exposure to a communicable disease, the report to the first responder, peace officer or good samaritan shall provide the name of the communicable disease involved, the date on which the patient was assisted or transported, and any advice or information about the communicable disease as provided by rule by the department of health and shall, in addition, inform the first responder, peace officer or the good samaritan of the provisions of subsections 1 and 6 of section 191.656, RSMo, regarding confidentiality and consequences of violation of confidentiality provisions. This section shall not be construed to authorize the disclosure of any identifying information with respect to the patient, first responder, peace officer or good samaritan."; and

Further amend the title and enacting clause accordingly.

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

Senator Rohrbach offered SA 11:

SENATE AMENDMENT NO. 11

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, Page 25, Section 610.125, Line 6, by inserting immediately after all of said line the following:

"Section 1. 1. No state agency shall release the personal information of any state employee without the consent of the employee. As used in this section, personal information shall mean the home address and home phone number of the employee.

2. This section shall not apply to the following:

(1) Any release necessary to comply with any federal law or any specific state law;

(2) Releases for authorized use by any federal agency, state agency, court of law or law enforcement agency; and

(3) Motor vehicle and driver's license information subject to sections 32.090 and 32.091, RSMo."; and

Further amend the title and enacting clause accordingly.

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

Senator Ehlmann offered SA 12, which was read:

SENATE AMENDMENT NO. 12

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, Page 10, Section 610.021, Line 7, by inserting immediately following the word "available" of said line the following: "with a record of how each member voted".

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

Senator Ehlmann offered SA 13, which was read:

SENATE AMENDMENT NO. 13

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, Page 10, Section 610.021, Line 4, by inserting immediately following the word "recorded" of said line the following: "except that the concerned employee shall have the right to have an open meeting upon written request".

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

Senator Jacob offered SA 14:

SENATE AMENDMENT NO. 14

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, Page 1, Section A, Line 7 of said page, by inserting immediately after all of said line the following:

"172.035. 1. The governor shall, by and with the advice and consent of the senate, appoint a student representative to the board of curators of the University of Missouri, who shall attend all meetings and participate in all deliberations of the board[, except any meeting, record or vote closed under the provisions of section 610.025, RSMo]. Such student representative shall not have the right to vote on any matter before the board.

2. Such student representative shall be a full-time student at the university as defined by the board, selected from a panel of three names submitted to the governor by the student government presidents of the campuses of the university, a citizen of the United States, and a resident of the state of Missouri. No person may be appointed who is not actually enrolled during the term of [his] such person's appointment as a student at the University of Missouri.

3. The term of the student representative shall be two years, except that the person first appointed shall serve until January 1, 1986.

4. If a vacancy occurs for any reason in the position of student representative, the governor shall appoint a replacement who meets the qualifications set forth in subsection 2 of this section and who shall serve until [his] the student representative's successor is appointed and qualified.

5. If the student representative ceases to be a student at the University of Missouri, or a resident of the state of Missouri, or fails to follow the board's attendance policy, the student representative's position shall at once become vacant, unless [his] such absence is caused by sickness or some accident preventing [his] such representative's arrival at the time and place appointed for the meeting.

[6. The student representative while attending meetings of the board shall receive his actual expenses which shall be paid out of the ordinary revenues of the university.]

6. The student representative shall receive the same reimbursement for expenses as other members of the board of curators receive pursuant to section 172.040.

7. Appointments made under this section shall be made in rotation from each of the four campuses of the University of Missouri, beginning with a student from the Columbia campus, next from the Rolla campus, next from the Kansas City campus, and then from the St. Louis campus.

8. Unless alternative arrangements for payment have been made and agreed to by the student and the university, the student representative shall have paid all student and tuition fees due prior to such appointment and shall pay all future student and tuition fees during the term of office when such fees are due.

172.037. 1. For the purposes of this chapter, confidentiality, as determined by the board and as provided by law, shall apply to all members and representatives on the board.

2. Any member or representative on the board may recuse himself or herself from any deliberation or proceeding of the board.

3. Upon a unanimous affirmative vote of the members of the board who are present and who are not a student representative, a given meeting closed pursuant to sections 610.021 and 610.022, RSMo, shall be closed to the student representative.

174.055. 1. The governor shall, by and with the advice and consent of the senate, appoint a student representative to the board of regents or governors of each educational institution referred to in section 174.020 who shall attend all meetings and participate in all deliberations of the board[, except any meeting, record or vote closed under the provisions of section 610.025, RSMo]. Such student representative shall not have the right to vote on any matter before the board.

2. Such student representative shall be a full-time student at the institution as defined by the board, selected from a panel of three names submitted to the governor by the student government president, a citizen of the United States, and a resident of the state of Missouri. No person may be appointed who is not actually enrolled during the term of [his] such person's appointment as a student at the institution.

3. The term of the student representative shall be two years, except that the person first appointed shall serve until January 1, 1986.

4. If a vacancy occurs for any reason in the position of student representative, the governor shall appoint a replacement who meets the qualifications set forth in subsection 2 of this section and who shall serve until [his] such representative's successor is appointed and qualified.

5. If the student representative ceases to be a student at the institution, or a resident of the state of Missouri, or fails to follow the board's attendance policy, the student representative's position shall at once become vacant, unless the student representative's absence is caused by sickness or some accident preventing the student representative's arrival at the time and place appointed for the meeting.

[6. The student representative shall receive no compensation or reimbursement for expenses.]

6. The student representative shall receive the same reimbursement for expenses as other members of the board of regents receive pursuant to section 174.100.

7. Unless alternative arrangements for payment have been made and agreed to by the student and the educational institution, the student representative shall have paid all student and tuition fees due prior to such appointment and shall pay all future student and tuition fees during the term of office when such fees are due.

174.057. 1. For the purposes of this chapter, confidentiality, as determined by the board and as provided by law, shall apply to all members and representatives on the board.

2. Any member or representative on the board may recuse himself or herself from any deliberation or proceeding of the board.

3. Upon a unanimous affirmative vote of the members of the board who are present and who are not a student representative, a given meeting closed pursuant to sections 610.021 and 610.022, RSMo, shall be closed to the student representative.

174.610. [1.] The governing board of the Truman State University shall be a board of governors consisting of [ten] eleven members, composed of seven voting members and [three] four nonvoting members as provided in section 174.620, who shall be appointed by the governor of Missouri, by and with the advice and consent of the senate. No person shall be appointed a voting governor who is not a citizen of the United States and who has not been a resident of the state of Missouri for at least two years [next] immediately prior to [his] such person's appointment. Not more than four voting governors shall belong to any one political party. The appointed members of the board of regents serving on January 1, 1986, shall become members of the board of governors on January 1, 1986, and serve until the expiration of the terms for which they were appointed.

[2. The board of regents of the Truman State University is abolished.]

174.620. 1. The board of governors shall be appointed as follows:

(1) Four voting members [shall be selected] from the counties of Adair, Audrain, Boone, Callaway, Chariton, Clark, Howard, Knox, Lewis, Lincoln, Linn, Marion, Macon, Monroe, Montgomery, Pike, Putnam, Ralls, Randolph, St. Charles, Schuyler, Scotland, Shelby, Sullivan, and Warren, provided that not more than one member shall be appointed from the same county [of these aforementioned counties];

(2) Three voting members [shall be selected] from any of the seven college districts as contained in section 174.010, provided that no more than one member shall be appointed from the same congressional district;

(3) Two nonvoting members whose residence is other than the state of Missouri and who are knowledgeable of the educational mission of liberal arts institutions [shall be selected]; [and]

(4) One nonvoting member who is a student [shall be selected as provided in section 174.055]. Such student representative shall attend all meetings and participate in all deliberations of the board. Such student representative shall not have the right to vote on any matter before the board, but shall have all other powers and duties of section 174.055, and shall also meet the qualifications of section 174.055.

2. The term of service of the governors shall be as follows:

(1) The voting members shall be appointed for terms of six years; except, that of the voting members first appointed, two shall serve for terms of two years, two for terms of four years, and three for terms of six years;

(2) The nonvoting members who are not students shall be appointed for terms of six years; except, that of the nonvoting members first appointed, one shall serve for a term of three years, and one shall serve a term of six years; and

(3) The nonvoting student member shall serve a two-year term as provided in section 174.055.

3. The governors, both nonvoting and voting, while attending the meetings of the board shall receive their actual and necessary expenses, which shall be paid out of the ordinary revenues of the university. Vacancies in terms of office caused by death, resignation or removal shall be filled in the manner provided by law for such vacancies on the board of curators of the [State] University of Missouri.

175.021. 1. The governor shall, by and with the advice and consent of the senate, appoint a student representative to the board of curators of Lincoln University, who shall attend all meetings and participate in all deliberations of the board[, except any meeting, record or vote closed under the provisions of section 610.025, RSMo]. Such student representative shall not have the right to vote on any matter before the board.

2. Such student representative shall be a full-time student at the university as defined by the board, selected from a panel of three names submitted to the governor by the student government association of the university, a citizen of the United States, and a resident of the state of Missouri. No person may be appointed who is not actually enrolled during the term of [his] such person's appointment as a student at the university.

3. The term of the student representative shall be two years, except that the person first appointed shall serve until January 1, 1989.

4. If a vacancy occurs for any reason in the position of student representative, the governor shall appoint a replacement who meets the qualifications set forth in subsection 2 of this section and who shall serve until [his] such student representative's successor is appointed and qualified.

5. If the student representative ceases to be a student at the university, or a resident of the state of Missouri, or fails to attend any regularly called meeting of the board of which [he] such representative has due notice, [his] the position shall at once become vacant, unless [his] such student representative's absence is caused by sickness or some accident preventing [his] such representative's arrival at the time and place appointed for the meeting.

[6. The student representative shall receive no compensation or reimbursement for expenses.]

6. The student representative shall receive the same reimbursement for expenses as other members of the board of curators receive pursuant to section 175.030.

7. Unless alternative arrangements for payment have been made and agreed to by the student and the university, the student [representatives of all public colleges and universities] representative shall have paid all student and tuition fees due prior to [said appointments] such appointment and shall pay all future student and tuition fees during the term of office when [said] such fees are due.

175.023. 1. For the purposes of this chapter, confidentiality, as determined by the board and as provided by law, shall apply to all members and representatives on the board.

2. Any member or representative on the board may recuse himself or herself from any deliberation or proceeding of the board.

3. Upon a unanimous affirmative vote of the members of the board who are present and who are not a student representative, a given meeting closed pursuant to sections 610.021 and 610.022, RSMo, shall be closed to the student representative."; and

Further amend the title and enacting clause accordingly.

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

Senator Banks offered SA 15, which was read:

SENATE AMENDMENT NO. 15

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, Page 25, Section 610.125, Line 6, by inserting immediately after said line the following:

"Section 1. The provisions of Supreme Court rules, including but not limited to 33.17, notwithstanding, no legislator or licensed lawyer shall be prohibited from serving as a surety for an insurance company for the purposes of entering bail bonds."; and

Further amend the title and enacting clause accordingly.

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

Senator Scott offered SA 16:

SENATE AMENDMENT NO. 16

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, Page 25, Section 610.125, Line 6, by inserting after said line the following:

"Section 1. 1. Neither this state nor any county or other political subdivision of this state shall enter into any contract or arrangement or expend any general revenue or special revenue funds for the examination of a taxpayer's books and records if any part of the compensation paid or payable for the services of the person, firm or corporation conducting the examination is contingent upon or otherwise related to the amount of tax, interest, court cost or penalty assessed against or collected from the taxpayer. A contract or arrangement in violation of this section, if made or entered into after the effective date of this act, is void and unenforceable. Any assessment or preliminary assessment of taxes, penalties or interest proposed or asserted by a person, firm or corporation compensated under any such contract or arrangement shall likewise be null and void. Any contract or arrangement, if made or entered into after the effective date of this section, in which the person, firm or corporation conducting the examination agrees or has an understanding with the taxing authority that all or part of the compensation paid or payable will be waived or otherwise not paid if there is no assessment or no collection of tax or if less than a certain amount is assessed or collected is void and unenforceable.

2. For the purposes of this section the word "tax" shall mean any tax, license, fee or other charge payable to the state of Missouri, any agency thereof, county or any agency thereof, or other political subdivision or any agency thereof, including but not limited to, income, franchise, sales and use, property, business license, gross receipts or any other taxes payable by the taxpayer on account of its activities or property in, or income, sales, gross receipts or the like derived from sources within, the state, county or political subdivision.

3. The provisions of this section shall not be construed to prohibit or restrict this state or a county or other political subdivision of this state from entering into contracts or arrangements for the collection of any tax, interest, court cost or penalty when the person, firm or corporation making such assessment or collection has no authority to determine the amount of tax, interest, court cost or penalty owed this state or a county or other political subdivision of this state."; and

Further amend the title and enacting clause accordingly.

Senator Scott moved that the above amendment be adopted.

Senator Schneider raised the point of order that SA 16 is out of order as it goes beyond the subject matter of the original bill.

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

Senator Ehlmann offered SA 17, which was read:

SENATE AMENDMENT NO. 17

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, Page 18, Section 610.027, Line 5, by deleting the words "six months", and adding the words "one year"; and further amend said page, line 7, by deleting the word "one" and inserting the word "two".

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

Senator McKenna moved that SS for SCS for HS for HCS for HB 1095, as amended, be adopted, which motion prevailed.

On motion of Senator McKenna, SS for SCS for HS for HCS for HB 1095, 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 Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Schneider Scott
Sims Singleton Staples Wiggins
Yeckel--29
NAYS--Senators
Flotron Graves Howard Russell
Westfall--5
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

Senator Johnson assumed the Chair.

HS for HCS for HB 1636, with SCS, entitled:

An Act to repeal sections 67.1400, 67.1410, 67.1420, 67.1430, 67.1440, 67.1450, 67.1460, 67.1470, 67.1480, 67.1490, 67.1500, 67.1510, 67.1520, 67.1530, 67.1540, 67.1550 and 67.1560, RSMo Supp. 1997, relating to community improvement districts, and to enact in lieu thereof eighteen new sections relating to the same subject.

Was taken up by Senator Mathewson.

SCS for HS for HCS for HB 1636, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1636

An Act to repeal sections 67.1400, 67.1410, 67.1420, 67.1430, 67.1440, 67.1450, 67.1460, 67.1470, 67.1480, 67.1490, 67.1500, 67.1510, 67.1520, 67.1530, 67.1540, 67.1550 and 67.1560, RSMo Supp. 1997, relating to community improvement districts, and to enact in lieu thereof eighteen new sections relating to the same subject.

Was taken up.

Senator Mathewson moved that SCS for HS for HCS for HB 1636 be adopted.

Senator Wiggins assumed the Chair.

Senator Clay offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1636, Page 11, Section 7, Line 30, by striking the word "subdivision" and inserting in lieu thereof the following: "subdivisions (2) and"; and further amend said section, line 31, by striking the word "subdivision" and inserting in lieu thereof the following: "subdivisions (2) and".

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

Senator Johnson assumed the Chair.

Senator Mathewson moved that SCS for HS for HCS for HB 1636, as amended, be adopted, which motion prevailed.

President Pro Tem McKenna assumed the Chair.

On motion of Senator Mathewson, SCS for HS for HCS for HB 1636, 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 Mathewson, title to the bill was agreed to.

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

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

HCS for HB 1315 and HS for HB 1070, with SCS, entitled respectively:

An Act relating to insurance coverage for cancer early detection.

An Act to repeal sections 354.618 and 376.1209, RSMo Supp. 1997, relating to insurance coverage, and to enact in lieu thereof two new section relating to the same subject.

Were taken up by Senator Scott.

SCS for HCS for HB 1315 and HS for HB 1070, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1315 AND

HOUSE SUBSTITUTE FOR

HOUSE BILL NO. 1070

An Act to repeal sections 354.618 and 376.1209, RSMo Supp. 1997, relating to insurance coverage, and to enact in lieu thereof three new sections relating to the same subject.

Was taken up.

Senator Scott moved that SCS for HCS for HB 1315 and HS for HB 1070 be adopted.

Senator Scott offered SS for SCS for HCS for HB 1315 and HS for HB 1070, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1315 AND

HOUSE SUBSTITUTE FOR

HOUSE BILL NO. 1070

An Act to repeal section 197.200, RSMo 1994, and sections 354.535, 354.618 and 376.1209, RSMo Supp. 1997, relating to insurance coverage, and to enact in lieu thereof five new sections relating to the same subject, with an effective date for a certain section.

Senator Scott moved that SS for SCS for HCS for HB 1315 and HS for HB 1070 be adopted.

Senator Westfall offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1315 and House Substitute for House Bill No. 1070, Page 6, Section 354.618, Lines 13-14, by striking all of the boldfaced language contained in said lines.

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

Senator Wiggins offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1315 and House Substitute for House Bill No. 1070, Page 9, Section 376.1209, Line 20, by inserting after all of said line the following:

"376.1225. 1. Every health benefit plan as that is defined in section 376.1350 and all self-insured group health benefit plans of any type or description whether providing for coverage for specific individuals and members of their families or to groups of individuals and/or their families and all plans offered by an "insurer" as defined in section 376.821, shall provide coverage for administration of general anesthesia and hospital charges for dental care provided to the following covered persons:

(1) A child under the age of five;

(2) A person who is severely disabled; or

(3) A person who has a diagnosed medical or behavioral condition which requires hospitalization or general anesthesia when dental care is provided.

2. Each plan as described in this section must provide coverage for hospital charges and administration of general anesthesia in a participating hospital or participating surgical care center.

3. Nothing in this section shall prevent a health carrier from requiring prior authorization for hospitalization for dental care procedures in the same manner that prior authorization is required for hospitalization for other covered diseases or conditions.

4. Nothing in this section shall apply to accident-only, dental-only specified disease, hospital indemnity, Medicare supplement, short-term major medical policies of six months or less duration or long-term care policies.".

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

Senator Singleton offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1315 and House Substitute for House Bill No. 1070, Page 10, Section 376.1209, Line 24, by inserting immediately after said line the following:

"376.1400. 1. Every health insurance carrier and third party administrator offering policies of insurance in this state shall include, on the explanation of benefits form given to the health care provider whenever a claim is paid or denied, the following:

(1) The claim number;

(2) The patient's full name;

(3) The full name of the insured;

(4) The address of the insured;

(5) The insured's identification number;

(6) The date of service;

(7) The amount of the charge;

(8) The amount paid and the amount not paid;

(9) An explanation for any denial;

(10) The procedure code; and

(11) The phone number of whom to contact for questions on explanation of benefits.

2. As used in this section and section 376.1405, the following terms shall mean:

(1) "Health insurance carrier", the meaning given to "health carrier" in section 376.1350, except that this section shall not apply to accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care, or other limited benefit health insurance policies;

(2) "Third-party administrator", the meaning given in section 376.1075, RSMo.

3. This section shall become effective on January 1, 2000."; and

Further amend the title and enacting clause accordingly.

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

Senator Klarich offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1315 and House Substitute for House Bill No. 1070, Page 10, Section 1, Line 4 of said page, by striking "August 28, 1998" and inserting in lieu thereof the following: "January 1, 1999".

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

Senator Caskey offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1315 and House Substitute for House Bill No. 1070, Pages 1 and 2, Section 197.200, by removing said section from the bill; and

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

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

Senator Caskey offered SA 6, which was read:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1315 and House Substitute for House Bill No. 1070, Page 2, Section 197.200, Line 12, by inserting after the word "RSMo" the words "and any entity meeting the definition of a hospital provided in subsection 2 of section 197.020 shall be licensed as a hospital pursuant to chapter 197, RSMo.".

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

At the request of Senator Scott, HCS for HB 1315 and HS for HB 1070, with SCS and SS for SCS, as amended (pending), were 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 HCS for SB 739: Representatives: Stoll, Johnson, Liese, Sallee and Summers.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS for SCS for HCS for HBs 1519 and 1165, as amended, and has again taken up and passed SS for SCS for HCS for HBs 1519 and 1165, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted the Conference Committee Report on SCS for HCS for HB 1006 and has taken up and passed CCS for SCS for HCS for HB 1006.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted the Conference Committee Report on SCS for HCS for HB 1007 and has taken up and passed CCS for SCS for HCS for HB 1007.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted the Conference Committee Report on SCS for HCS for HB 1008 and has taken up and passed CCS for SCS for HCS for HB 1008.

CONFERENCE COMMITTEE

APPOINTMENTS

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HB 1052, with SCS: Senators Banks, Curls, Jacob, Singleton and Bentley.

RESOLUTIONS

Senator Mathewson offered Senate Resolution No. 1831, regarding the Eighty-fifth Anniversary of the Salisbury Music Club, which was adopted.

INTRODUCTIONS OF GUESTS



Senator Russell introduced to the Senate, Fred, Sue and Gretchen Lutz and Dawn Crouch, Buffalo; and Gretchen and Dawn were made honorary pages.

Senator Kinder introduced to the Senate, Mr. and Mrs. Charles Ross and their grandson, Aaron Ross, Jackson.

Senator Ehlmann introduced to the Senate, the Physician of the Day, Dr. Bill Poggemeier and his son, Dr. David Poggemeier, St. Charles.

Senator House introduced to the Senate, Jeannette Harris, Sharon Easterday, Steve Rowan, Susan Whitehead-Clark and Sherry Christenson, St. Charles County.

Senator Rohrbach introduced to the Senate, fourth grade students from California R-I Elementary School, California.

Senator Kenney introduced to the Senate, Mary and Kent Brauningher, and their children, Chelsea, Eric, Helen and Max, homeschoolers from Kansas City; and Chelsea, Eric and Helen were made

honorary pages.

Senator Flotron introduced to the Senate, thirty-four fourth grade students from Solomon Schechter Day School, St. Louis; and Andrew Zvibleman, Alina Gritsan, Yonit Olshan and Jared Kohn were made honorary pages.

Senator Staples introduced to the Senate, Mickey Gage, and a delegation representing the Brotherhood of Locomotive Engineers.

Senator Graves introduced to the Senate, Nancy Herring, sixteen students and four parents from Norborne R-8 School, Norborne.

Senator Jacob introduced to the Senate, former State Representative Margot Patterson Lubensky, and her husband, Earl, Columbia.

Senator Wiggins introduced to the Senate, Rick and Anne Gipford, Kansas City; and Anne was made an honorary page.

On motion of Senator Quick, the Senate adjourned until 9:30 a.m., Wednesday, May 6, 1998.