Journal of the Senate

SECOND REGULAR SESSION


SEVENTY-FIRST DAY--WEDNESDAY, MAY 13, 1998


The Senate met pursuant to adjournment.

Senator Wiggins in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, in Luke, Jesus taught us, "Make to yourselves friends." We are thankful that friends don't have to agree with us, be of the same political party, be of the same religion, or even always like the same things. We are thankful that friendship is based on mutual respect and trust. Help us to be friends with one another during the last days of this session. In Jesus Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

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

Senator Quick moved that the Senate Journal for Tuesday, May 12, 1998, be corrected on page 1258, column 1, line 38, by deleting "/s/ Mike Gibbons" and inserting in lieu thereof the following "/s/ May Scheve"; and further on line 41, by deleting "May Scheve" and inserting in lieu thereof the following "Mike Gibbons", which motion prevailed.

The Journal of the previous day was read and approved, as corrected.

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

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

RESOLUTIONS

Senator Graves offered Senate Resolution No. 1919, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. David Anderson, Norborne, which was adopted.

Senator Graves offered Senate Resolution No. 1920, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Joe Bethards, Laredo, which was adopted.

Senator Graves offered Senate Resolution No. 1921, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Billy Joe Meyer, Mound City, which was adopted.

Senator Graves offered Senate Resolution No. 1922, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Frank Lemon, Skidmore, which was adopted.

Senator Graves offered Senate Resolution No. 1923, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Ronald Zirkle, Stewartsville, which was adopted.

Senator Graves offered Senate Resolution No. 1924, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Eugene Sewell, Hale, which was adopted.

Senator Graves offered Senate Resolution No. 1925, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Bill Murphy, Graham, which was adopted.

Senator Graves offered Senate Resolution No. 1926, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Leroy Dominique, Chillicothe, which was adopted.

Senator Graves offered Senate Resolution No. 1927, regarding Christine Harrelson, Milan, which was adopted.

PRIVILEGED MOTIONS

Senator Mathewson moved that the Senate refuse to concur in HS for HCS for SB 827, as amended, and request the House to recede from its position or failing to do so, grant the Senate a conference thereon, which motion prevailed.

Senator House moved that the Senate conferees on HS for HCS for SS for SCS for SB 781, as amended, be allowed to exceed the differences, which motion prevailed on a standing division vote.

CONCURRENT RESOLUTIONS

Senator Schneider moved that HCR 26 be taken up for adoption, which motion prevailed.

Senator Mathewson assumed the Chair.

Senator Schneider, joined by the entire membership of the Senate, moved that HCR 26 be adopted, which motion prevailed by the following vote:

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

CONFERENCE COMMITTEE REPORTS

Senator Quick, on behalf of the conference committee appointed to act with a like committee from the House on HS for SS No. 2 for SCS for SB 632, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE SUBSTITUTE FOR

SENATE SUBSTITUTE NO. 2 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 632

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Substitute for Senate substitute No. 2 for Senate Committee Substitute for Senate Bill No. 632, 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 Amendment No. 7, House Amendment No. 8 and House Substitute Amendment No. 1 for House Amendment No. 9; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position of House Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 632, as amended;

2. That the Senate recede from its position on Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 632;

3. That the attached Conference Committee Substitute for House Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill No. 632 be truly agreed to and finally passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Edward E. Quick /s/ Scott B. Lakin
/s/ Bill McKenna /s/Katherine J. Hollingsworth
/s/ Wayne Goode /s/ Steve Gaw
/s/ Morris Westfall /s/ Charlie Shields
/s/ Larry Rohrbach /s/ T. Mark Elliott


President Wilson assumed the Chair.

Senator Johnson assumed the Chair.

Senator Quick moved that the above conference committee report be adopted, which motion prevailed by the following vote:

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

Senator Mathewson resumed the Chair.

On motion of Senator Quick, CCS for HS for SS No. 2 for SCS for SB 632, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE SUBSTITUTE FOR

SENATE SUBSTITUTE NO. 2 FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 632

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.

Was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Goode
House Howard Jacob Johnson
Kenney Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Schneider Scott Sims Staples
Westfall Wiggins--26
NAYS--Senators
Ehlmann Flotron Graves Kinder
Klarich Russell Singleton Yeckel--8
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HOUSE BILLS ON THIRD READING

Senator Wiggins moved that HB 1507, with SCS (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SCS for HB 1507 was again taken up.

Senator Flotron offered SS for SCS for HB 1507, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1507

An Act to repeal sections 143.221, 143.521, 144.080, 144.655 and 147.010, RSMo 1994, and section 144.014, RSMo Supp. 1997, relating to the filing requirements for certain tax returns and payments, and to enact in lieu thereof six new sections relating to the same subject.

Senator Flotron moved that SS for SCS for HB 1507 be adopted.

Senator Johnson resumed the Chair.

Senator McKenna assumed the Chair.

At the request of Senator Wiggins, HB 1507, with SCS and SS for SCS (pending), was placed on the Informal Calendar.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SB 787, as amended, and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HCS for SB 787, as amended. Representatives: Riback Wilson, Gunn, Boucher, McClelland and Holand.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1876 and has again taken up and passed SCS for HB 1876.

Emergency clause adopted.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS for HS for HCS for HBs 1237, 1409, 1166, 1154 and 1491 and has again taken up and passed SS for HS for HCS for HBs 1237, 1409, 1166, 1154 and 1491.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1229 and has again taken up and passed SCS for HB 1229.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HS for HCS for SB 827, as amended, and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SS for SCS for HS for HB 1694, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HB 1272 and has taken up and passed CCS for SCS for HB 1272.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SB 945 and has taken up and passed CCS for SB 945.

Emergency clause adopted.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HS #2 for HCS for SS for SCS for SBs 675, 483, 490 and 564 and has taken up and passed CCS for HS #2 for HCS for SS for SCS for SBs 675, 483, 490 and 564.

Bill ordered enrolled.

CONFERENCE COMMITTEE

APPOINTMENTS

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HS for HCS for

SB 827, as amended: Senators Mathewson, Scott, Lybyer, Childers and Sims.

Also,

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HCS for SB 787, as amended: Senators Clay, DePasco, Schnieder, Sims and Childers.



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.

PRIVILEGED MOTIONS

Senator Maxwell moved that the Senate refuse to recede from its position on SS for SCS for HS for HB 1694, as amended, and grant the House a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE REPORTS

Senator Bentley, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HB 1272, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1272

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for House Bill No. 1272, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Bill No. 1272;

2. That the Senate recede from its position on Senate Committee Substitute for House Bill No. 1272;

3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Bill No. 1272 be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ Wayne Goode /s/ Craig Hosmer
/s/ Morris Westfall /s/ Mike Schilling
/s/ Roseann Bentley /s/ Carol Stroker
/s/ William Clay /s/ Chuck Wooten
/s/ Sidney Johnson /s/ Roy W. Holand


Senator Bentley moved that the above conference committee report be adopted, which motion prevailed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves 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 House--1
Absent with leave--Senators--None

On motion of Senator Bentley, CCS for SCS for HB 1272, entitled:

CONFERENCE COMMITTEE SUBSTITUTE

FOR SENATE COMMITTEE SUBSTITUTE

FOR HOUSE BILL NO. 1272

An Act to repeal sections 162.471 and 162.481, RSMo 1994, relating to school boards, and to enact in lieu thereof two new sections relating to the same subject.

Was read the 3rd time and passed by the following vote:

YEAS--Senators
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 Bentley, title to the bill was agreed to.

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

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

HOUSE BILLS ON THIRD READING

Senator Wiggins moved that HB 1507, with SCS and SS for SCS (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SS for SCS for HB 1507 was again taken up.

Senator Jacob offered SA 1, which was read:

SENATE AMENDMENT NO. 1



Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1507, Page 9, Section 144.080, Line 8, by inserting after said line the following:

"144.517. There is hereby specifically exempted from the provisions of sections 144.010 to 144.525 and sections 144.600 to 144.745, and from the computation of the tax levied, assessed or payable pursuant to sections 144.010 to 144.525 and sections 144.600 to 144.745, all sales of textbooks, as defined by section 170.051, RSMo, when such textbook is purchased for use by a student of any public or private university, college or other postsecondary institution of higher learning offering a course of study leading to a degree in the liberal arts, humanities or sciences or in a professional, vocational or technical field."; and

Further amend the title and enacting clause accordingly.

Senator Jacob moved that the above amendment be adopted.

At the request of Senator Jacob, SA 1 was withdrawn.

Senator Bentley offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1507, Page 1, Section A, Line 5, by inserting immediately after said line the following:

"135.010. As used in sections 135.010 to 135.030 the following words and terms mean:

(1) "Claimant", a person or persons claiming a credit [under] pursuant to sections 135.010 to 135.030. If the persons are eligible to file a joint federal income tax return and reside at the same address at any time during the taxable year, then the credit may only be allowed if claimed on a combined Missouri income tax return or a combined claim return reporting their combined incomes and property taxes. A claimant shall not be allowed a property tax or pharmaceutical tax credit unless the claimant or spouse has attained the age of sixty-five on or before the last day of the calendar year and the claimant or spouse was a resident of Missouri for the entire year, or the claimant or spouse is a veteran of any branch of the armed forces of the United States or this state who became one hundred percent disabled as a result of such service, or the claimant or spouse is disabled as defined in subdivision (2) of this section, and such claimant or spouse provides proof of such disability in such form and manner, and at such times, as the director of revenue may require. The residency requirement shall be deemed to have been fulfilled for the purpose of determining the eligibility of a surviving spouse for a property tax credit if a person of the age of sixty-five years or older who would have otherwise met the requirements for a property tax credit dies before the last day of the calendar year. The residency requirement shall also be deemed to have been fulfilled for the purpose of determining the eligibility of a claimant who would have otherwise met the requirements for a property tax credit but who dies before the last day of the calendar year;

(2) "Disabled", the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months. A claimant shall not be required to be gainfully employed prior to such disability to qualify for a property tax credit;

(3) "Gross rent", amount paid by a claimant to a landlord for the rental, at arm's length, of a homestead during the calendar year, exclusive of charges for health and personal care services and food furnished as part of the rental agreement, whether or not expressly set out in the rental agreement. If the director of revenue determines that the landlord and tenant have not dealt at arm's length, and that the gross rent is excessive, then [he] the director shall determine the gross rent based upon a reasonable amount of rent. Gross rent shall be deemed to be paid only if actually paid prior to the date a return is filed. The director of revenue may prescribe regulations requiring a return of information by a landlord receiving rent, certifying for a calendar year the amount of gross rent received from a tenant claiming a property tax credit and shall, by regulation, provide a method for certification by the claimant of the amount of gross rent paid for any calendar year for which a claim is made. The regulations authorized by this subdivision may require a landlord or a tenant or both to provide data relating to health and personal care services and to food. Neither a landlord nor a tenant may be required to provide data relating to utilities, furniture, home furnishings or appliances;

(4) "Homestead", the dwelling in Missouri owned or rented by the claimant and not to exceed five acres of land surrounding it as is reasonably necessary for use of the dwelling as a home. It may consist of part of a multidwelling or multipurpose building and part of the land upon which it is built. "Owned" includes a vendee in possession [under] pursuant to a land contract and one or more tenants by the entireties, joint tenants, or tenants in common and includes a claimant actually in possession if [he] the claimant was the immediate former owner of record, if a lineal descendant is presently the owner of record, and if the claimant actually pays all taxes upon the property. It may include a mobile home;

(5) "Income", Missouri adjusted gross income as defined in section 143.121, RSMo, less two thousand dollars as an exemption for the claimant's spouse residing at the same address, and increased, where necessary, to reflect the following:

(a) Social security, railroad retirement, and veterans payments and benefits unless the claimant is a one hundred percent service-connected, disabled veteran or a spouse of a one hundred percent service-connected, disabled veteran. The one hundred percent service-connected disabled veteran shall not be required to list veterans payments and benefits;

(b) The total amount of all other public and private pensions and annuities;

(c) Public relief, public assistance, and unemployment benefits received in cash, other than benefits received [under] pursuant to this chapter;

(d) No deduction being allowed for losses not incurred in a trade or business;

(e) Interest on the obligations of the United States, any state, or any of their subdivisions and instrumentalities;

(6) "Prescription drugs", prescription drugs ordered by a licensed physician, and any insulin and syringes and needles used to administer the insulin;

[(6)] (7) "Property taxes accrued", property taxes paid, exclusive of special assessments, penalties, interest, and charges for service levied on a claimant's homestead in any calendar year. Property taxes shall qualify for the credit only if actually paid prior to the date a return is filed. The director of revenue shall require a tax receipt or other proof of property tax payment. If a homestead is owned only partially by claimant, then "property taxes accrued" is that part of property taxes levied on the homestead which was actually paid by the claimant. For purposes of this subdivision, property taxes are "levied" when the tax roll is delivered to the director of revenue for collection. If a claimant owns a homestead part of the preceding calendar year and rents it or a different homestead for part of the same year, "property taxes accrued" means only taxes levied on the homestead both owned and occupied by the claimant, multiplied by the percentage of twelve months that such property was owned and occupied as the homestead of the claimant during the year. When a claimant owns and occupies two or more different homesteads in the same calendar year, property taxes accrued shall be the sum of taxes allocable to those several properties occupied by the claimant as a homestead for the year. If a homestead is an integral part of a larger unit such as a farm, or multipurpose or multidwelling building, property taxes accrued shall be that percentage of the total property taxes accrued as the value of the homestead is of the total value. For purposes of this subdivision "unit" refers to the parcel of property covered by a single tax statement of which the homestead is a part;

[(7)] (8) "Rent constituting property taxes accrued", twenty percent of the gross rent paid by a claimant and spouse in the calendar year.

135.015. Procedural matters related to filing a claim [under] pursuant to sections 135.010 to 135.030, including refunds, deficiencies, interest, contents of returns, limitations, and penalties shall be determined pursuant to sections 143.481 to [143.996] 143.1012, RSMo, applicable to the income tax. The credit regarding the property taxes or pharmaceutical expenses of a calendar year may only be claimed on a return for the calendar year or for a claimant's return for a fiscal year that includes the end of the calendar year.

135.020. A credit for property taxes and pharmaceutical expenses shall be allowed for the amount provided in section 135.030. If the amount allowable as a credit exceeds the income tax reduced by other credits, then the excess shall be considered an overpayment of the income tax.

135.030. 1. As used in this section:

(1) The term "maximum upper limit" shall, in the calendar year 1989, be the sum of thirteen thousand five hundred dollars. For each calendar year through December 31, 1992, the maximum upper limit shall be increased by five hundred dollars per year. For each calendar year after December 31, 1992, the maximum upper limit shall be the sum used on December 31, 1992;

(2) The term "minimum base" shall, in the calendar year 1989, be the sum of five thousand dollars. For each succeeding calendar year through December 31, 1992, the minimum base shall be increased, in one-hundred-dollar increments, by the same percentage as the increase in the general price level as measured by the Consumer Price Index for all urban consumers for the United States, or its successor index, as defined and officially recorded by the United States Department of Labor, or its successor agency, or five percent, whichever is greater. The increase in the index shall be that as first published by the Department of Labor for the calendar year immediately preceding the year in which the minimum base is calculated. For each calendar year after December 31, 1992, the minimum base shall be the sum used on December 31, 1992.

2. When calculating the minimum base for purposes of this section, whenever the increase in the Consumer Price Index used in the calculation would result in a figure which is greater than one one-hundred-dollar increment but less than another one-hundred-dollar increment, the director of revenue shall always round that figure off to the next higher one-hundred-dollar increment when determining the table of credits [under] pursuant to this section.

3. If the income on a return is equal to or less than the maximum upper limit for the calendar year for which the return is filed, the property tax credit shall be determined from a table of credits based upon the amount by which the total property tax described in section 135.025 exceeds the percent of income in the following list:

If the income on the return is: The percent is:

Not over the minimum base 0 percent with credit not to exceed actual property tax or rent equivalent paid up to $750

Over the minimum base but 1/8 percent

not over the maximum upper accumulative

limit per $200 from 0

percent to 2 percent; 1/4 percent accumulative per $200 from 2 percent to 4 percent.

The director of revenue shall prescribe a table based upon the preceding sentences. The property tax shall be in increments of twenty-five dollars and the income in increments of two hundred dollars. The credit shall be the amount rounded to the nearest whole dollar computed on the basis of the property tax and income at the midpoints of each increment. As used in this subsection, the term "accumulative" means an increase by continuous or repeated application of the percent to the income increment at each two-hundred-dollar level.

4. The pharmaceutical credit allowed pursuant to sections 135.010 to 135.030 shall be equal to the total amount spent on purchasing prescription drugs in any calendar year less any reimbursement from other sources and less one percent of income as defined in section 135.010. The pharmaceutical credit allowed a claimant pursuant to sections 135.010 to 135.030 shall not exceed seven hundred fifty dollars. A claimant's spouse residing at the same address as claimant shall also be eligible for the pharmaceutical credit and any such eligible spouse shall calculate such credit using the same income as that used by the claimant."; and

Further amend said bill, page 14, section 147.010, line 21, by inserting immediately after said line the following:

"Section B. The provisions of section 135.010 shall become effective January 1, 1999."; and

Further amend the title and enacting clause accordingly.

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

Senator Klarich offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1507, Page 1, Section A, Line 5, by inserting immediately after said line the following:

"137.102. 1. This act shall be known and may be cited as "The Missouri Homestead Preservation Act".

2. Notwithstanding any other provision of law to the contrary, the assessed value of residential property, excluding any value added by new construction or improvements, owned by any person who is under the age of sixty-five years and using the property as a homestead, or owned by any person who is sixty-five years of age or older who has resided on such property for a period of less than five years, shall not increase during any two-year reassessment period by more than the consumer price index or five percent, whichever is less.

3. The assessed value of residential property, excluding any value added by new construction or improvements, owned by any person who is sixty-five years of age or older and who has used that property as a homestead for a period of five years or longer shall not increase during the period of time that person resides on that property after attaining the age of sixty-five years. Any homestead property taken or condemned through judicial proceeding by the United States, or by any political subdivision of the state of Missouri shall exempt the owner of said homestead property under this subsection from the five-year residency eligibility requirement. Age and years of residence for purposes of this section shall be determined as of January 1 of each odd-numbered year; provided, however, that such information shall be provided by affidavit of the owner of homestead property by such date to the county assessor.

4. All revenue losses of any political subdivision resulting from the limitation on assessed valuations contained in this section shall be reimbursed to those political subdivisions by the state of Missouri through appropriations. Data substantiating revenue losses resulting from the limitation on assessed valuations as contained in this section shall be provided to the state auditor in such form as shall be prescribed by the state auditor by rule pursuant to chapter 536, RSMo. The required data shall be submitted for each political subdivision levying a property tax and shall be submitted by either the county or the individual taxing authority as requested by the state auditor. Calculation or verification of the revenue loss shall be determined by the state auditor subsequent to the annual property tax rate review completed pursuant to section 137.073. All data and documents substantiating the revenue loss for each political subdivision shall be copied to each county clerk respectively and shall be retained and made available for public inspection by the county for a minimum of three years. Whenever a taxpayer in a taxing jurisdiction has cause to believe that the taxing jurisdiction has not complied with the provisions of this section, the taxpayer shall have legal standing to bring a civil action to determine and require compliance with this section."; and

Further amend said bill, page 14, section 147.010, line 21, by inserting immediately thereafter said line the following:

"Section B. Section 137.102 of this act shall become effective January 1, 1999."; and

Further amend the title and enacting clause accordingly.

Senator Klarich moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Bentley, Goode, Sims and Yeckel.

SA 3 was adopted by the following vote:

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

Senators Johnson and Wiggins offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1507, Page 1, Section A, Line 5 of said page, by inserting immediately after said line the following:

"92.336. The revenues received from the tax authorized [under] pursuant to sections 92.325 to 92.340 shall be used exclusively for the advertising and promotion of convention and tourism business for the city from which it is collected, subject to the following requirements:

(1) Not less than [thirty] forty percent of the proceeds of any tax imposed [under] pursuant to subdivision (1) of section 92.327 shall be appropriated and paid to a general not for profit organization, with whom the city has contracted, and which is incorporated in the state of Missouri and located within the city limits of such city, established for the purpose of promoting such city as a convention, visitors and tourist center with the balance to be used for operating expenses and capital expenditures, including debt service, for sports, convention, exhibition, trade and tourism facilities located within the city limits of the city;

(2) Not less than ten percent of the proceeds of any tax imposed [under] pursuant to subdivision (1) of section 92.327 shall be appropriated to a fund that hereby shall be established and called the "Neighborhood Tourist Development Fund". Such moneys from [said] such funds shall be paid to not for profit neighborhood organizations with whom the city has contracted, and which are incorporated in the state of Missouri and located within the city limits of such city established for the purpose of promoting such neighborhood through cultural, social, ethnic, historic, educational, and recreational activities in conjunction with promoting such city as a convention visitors and tourist center;

(3) The proceeds of any tax imposed [under] pursuant to subdivision (2) of section 92.327 shall be used by the city only for capital expenditures, including debt service, for sports, convention, exhibition, trade and tourism facilities located within the city limits of the city."; and

Further amend the title and enacting clause accordingly.

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

Senator Schneider offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1507, Page 7, Section 144.014, Line 6, by inserting immediately after said line the following:

"144.071. 1. In all cases where the purchaser of a motor vehicle, trailer, boat or outboard motor rescinds the sale of that motor vehicle, trailer, boat or outboard motor and receives a refund of the purchase price and returns the motor vehicle, trailer, boat or outboard motor to the seller within sixty calendar days from the date of the sale, or returns a motor vehicle to a manufacturer pursuant to section 407.567, RSMo, the sales or use tax paid to the department of revenue shall be refunded to the purchaser upon proper application to the director of revenue.

2. In any rescission whereby a seller reacquires title to the motor vehicle, trailer, boat or outboard motor sold by him and the reacquisition is within sixty calendar days from the date of the original sale, the person reacquiring the motor vehicle, trailer, boat or outboard motor shall be entitled to a refund of any sales or use tax paid as a result of the reacquisition of the motor vehicle, trailer, boat or outboard motor, upon proper application to the director of revenue.

3. Any city or county sales or use tax refunds shall be deducted by the director of revenue from the next remittance made to that city or county.

4. Each claim for refund must be made within one year after payment of the tax on which the refund is claimed, except in cases in which a motor vehicle is returned to the manufacturer pursuant to section 407.567, RSMo.

5. As used in this section, the term "boat" includes all motorboats and vessels as the terms "motorboat" and "vessel" are defined in section 306.010, RSMo."; and

Further amend the title and enacting clause accordingly.

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

Senator Schneider offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1507, Page 14, Section 147.010, Line 21 of said page, by inserting immediately after said line the following:

"Section 1. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority of chapter 144, RSMo, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028, RSMo, to review, to delay the effective date or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend the title and enacting clause accordingly.

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

Senator Sims offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1507, Page 5, Section 143.521, Line 7, by inserting immediately after all of said line the following:

"143.807. 1. For tax years beginning on or after January 1, 1999, an individual taxpayer whose federal income tax liability was reduced for that taxable year for a claim of right credit pursuant to section 1341 of the Internal Revenue Code shall be allowed a credit against the tax imposed by this chapter, excluding withholding tax imposed by sections 143.191 to 143.265, for an amount equal to the Missouri income tax for the prior taxable year computed without exclusion of such item, or portion thereof, minus the Missouri income tax for the prior taxable year which would result with the exclusion of such item, or portion thereof. To be eligible for the credit, a taxpayer must have filed a Missouri individual income tax return for both the year in which the income was received and for the year in which a federal income tax credit was received due to a claim of right.

2. The credit is considered to be a payment of tax on the last day prescribed by law for the payment of tax for the taxable year in which the credit is claimed. If an overpayment occurs as a result of claiming the credit, a refund or credit shall be made in the same manner as if it were an overpayment for such taxable year."; and

Further amend the title and enacting clause accordingly.

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

Senator Lybyer offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1507, Page 14, Section 147.010, Line 21 of said page, by inserting immediately after said line the following:

"311.554. 1. In addition to the charges imposed by section 311.550, there shall be paid to and collected by the director of revenue for the privilege of selling wine, an additional charge of six cents per gallon or fraction thereof. The additional charge shall be paid and collected in the same manner and at the same time that the charges imposed by section 311.550 are paid and collected.

2. The revenue derived from the additional charge imposed by subsection 1 shall be deposited by the state treasurer to the credit of a separate account in the marketing development fund created by section 261.035, RSMo. Moneys to the credit of the account shall be appropriated annually for use by the division of the state department of agriculture concerned with market development in developing programs for growing, selling, and marketing of grapes and grape products grown in Missouri, including all necessary funding for the employment of experts in the fields of viticulture and enology as deemed necessary, and programs aimed at improving marketing of all varieties of grapes grown in Missouri; and shall be appropriated and used for no other purpose.

[3. This section shall become effective January 1, 1984, and shall terminate on October 1, 2001.]"; and

Further amend the title and enacting clause accordingly.

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

Senator Singleton offered SA 9:

SENATE AMENDMENT NO. 9

Amend Senate Substitute for House Committee Substitute for House Bill No. 1507, Page 1, Section A, Line 5, by inserting immediately after all of said line the following:

"143.131. 1. The Missouri standard deduction may be deducted in determining Missouri taxable income of a resident individual unless the taxpayer or his spouse has elected to itemize his deduction as provided in section 143.141.

2. The Missouri standard deduction shall be the allowable federal standard deduction, increased to the extent not otherwise deductible by the taxes for the same taxable year for which the return is being filed that are imposed by section 3101 of the Internal Revenue Code, relating to the tax on employees under the Federal Insurance Contributions Act, by sections 3201 and 3211, relating to the taxes on railroad employees and railroad employee representatives under the Railroad Retirement Act, and by section 1401, relating to tax on self-employment income, to the extent that such taxes were not deducted in the computation of the taxpayer's federal adjusted gross income under the Internal Revenue Code of 1986, as amended."; and

Further amend the title and enacting clause accordingly.

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

SA 9 was adopted by the following vote:

YEAS--Senators
Childers Ehlmann Flotron Goode
Graves House Kenney Kinder
Klarich Lybyer Maxwell Mueller
Rohrbach Russell Singleton Staples
Westfall Yeckel--18
NAYS--Senators
Banks Bentley Caskey Clay
Curls DePasco Howard Jacob
Johnson Mathewson McKenna Quick
Schneider Scott Sims Wiggins--16
Absent--Senators--None
Absent with leave--Senators--None

Senator Goode offered SA 10, which was read:

SENATE AMENDMENT NO. 10

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1507, Page 6, Section 144.014, Line 2, by deleting "fifty" and inserting in lieu thereof the word "eighty".

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

Senator Goode offered SA 11, which was read:

SENATE AMENDMENT NO. 11

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1507, Page 5, Section 144.014, Line 22, by inserting after the word "Sales" the following: "and except for food which is primarily produced for consumption at home".

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

Senator Goode offered SA 12:

SENATE AMENDMENT NO. 12

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1507, page 1, Section A, Line 5 of said page, by inserting after all of said line the following:

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

(1) "Motor vehicle", any motor vehicle which is owned by one or more individuals and which is primarily used for non-business purposes;

(2) "Personal property tax", any tax assessed and levied on tangible personal property pursuant to the provisions of chapter 137, RSMo;

(3) "State tax liability", any liability of an individual taxpayer pursuant to the provisions of chapter 143, RSMo.

2. For the tax year beginning on or after January 1, 1999, but before January 1, 2000, an individual taxpayer shall be allowed a credit against his or her state tax liability for twenty-five percent of the amount of any personal property tax paid, during the calendar year for which the income tax return is being filed, on motor vehicles owned by that taxpayer. The amount of the tax credit claimed shall not exceed the amount of the taxpayer's state tax liability for the taxable year that the credit is claimed. For the tax year beginning on or after January 1, 2000, but before January 1, 2001, an individual taxpayer shall be allowed a credit against his or her state tax liability for fifty percent of the amount of any personal property tax paid, during the calendar year for which the income tax return is being filed, on motor vehicles owned by that taxpayer. For the tax year beginning on or after January 1, 2001, but before January 1, 2002, an individual taxpayer shall be allowed a credit against his or her state tax liability for seventy-five percent of the amount of any personal property tax paid, during the calendar year for which the income tax is being filed, on motor vehicles owned by that taxpayer. For all tax years beginning on or after January 1, 2002, an individual taxpayer shall be allowed a credit against his or her state tax liability for one hundred percent of the amount of any personal property tax paid, during the calendar year for which the income tax return is being filed, on motor vehicles owned by that taxpayer. The amount of the tax credit claimed shall not exceed the amount of the taxpayer's state tax liability for the taxable year that the credit is claimed."; and

Further amend the title and enacting clause accordingly.

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

SA 12 was adopted by the following vote:

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

Senator Graves offered SA 13:

SENATE AMENDMENT NO. 13

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1507, Page 1, Section A, Line 5 of said page, by inserting after said line the following:

"137.100. The following subjects are exempt from taxation for state, county or local purposes:

(1) Lands and other property belonging to this state;

(2) Lands and other property belonging to any city, county or other political subdivision in this state, including market houses, town halls and other public structures, with their furniture and equipments, and on public squares and lots kept open for health, use or ornament;

(3) Nonprofit cemeteries;

(4) The real estate and tangible personal property which is used exclusively for agricultural or horticultural societies organized in this state, including not-for-profit agribusiness associations;

(5) All property, real and personal, actually and regularly used exclusively for religious worship, for schools and colleges, or for purposes purely charitable and not held for private or corporate profit, except that the exemption herein granted does not include real property not actually used or occupied for the purpose of the organization but held or used as investment even though the income or rentals received therefrom is used wholly for religious, educational or charitable purposes;

(6) Household goods, furniture, wearing apparel and articles of personal use and adornment, as defined by the state tax commission, owned and used by a person in his home or dwelling place."; and

Further amend the title and enacting clause accordingly.

Senator Graves 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 Bill No. 1507, Page 9, Section 144.080, Line 8, by inserting after said line the following:

"144.517. There is hereby specifically exempted from the provisions of sections 144.010 to 144.525 and sections 144.600 to 144.745, and from the computation of the tax levied, assessed or payable pursuant to sections 144.010 to 144.525 and sections 144.600 to 144.745, all sales of textbooks, as defined by section 170.051, RSMo, when such textbook is purchased for use by a student of any public or private university, college or other postsecondary institution of higher learning offering a course of study leading to a degree in the liberal arts, humanities or sciences or in a professional, vocational or technical field."; and

Further amend the title and enacting clause accordingly.

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

Senator Jacob offered SA 15:

SENATE AMENDMENT NO. 15

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1507, Page 5, Section 143.521, Line 8 of said page, by inserting immediately after said line the following:

"144.010. 1. The following words, terms, and phrases when used in sections 144.010 to 144.510 have the meanings ascribed to them in this section, except when the context indicates a different meaning:

(1) "Admission" includes seats and tables, reserved or otherwise, and other similar accommodations and charges made therefor and amount paid for admission, exclusive of any admission tax imposed by the federal government or by sections 144.010 to 144.510;

(2) "Business" includes any activity engaged in by any person, or caused to be engaged in by him, with the object of gain, benefit or advantage, either direct or indirect, and the classification of which business is of such character as to be subject to the terms of sections 144.010 to 144.510. The isolated or occasional sale of tangible personal property, service, substance, or thing, by a person not engaged in such business, does not constitute engaging in business within the meaning of sections 144.010 to 144.510 unless the total amount of the gross receipts from such sales, exclusive of receipts from the sale of tangible personal property by persons which property is sold in the course of the partial or complete liquidation of a household, farm or nonbusiness enterprise, exceeds three thousand dollars in any calendar year. The provisions of this subdivision shall not be construed to make any sale of property which is exempt from sales tax or use tax on June 1, 1977, subject to that tax thereafter;

(3) "Gross receipts", except as provided in section 144.012, means the total amount of the sale price of the sales at retail including any services other than charges incident to the extension of credit that are a part of such sales made by the businesses herein referred to, capable of being valued in money, whether received in money or otherwise; except that, the term "gross receipts" shall not include the sale price of property returned by customers when the full sale price thereof is refunded either in cash or by credit. In determining any tax due under sections 144.010 to 144.510 on the gross receipts, charges incident to the extension of credit shall be specifically exempted. For the purposes of sections 144.010 to 144.510 the total amount of the sale price above mentioned shall be deemed to be the amount received. It shall also include the lease or rental consideration where the right to continuous possession or use of any article of tangible personal property is granted under a lease or contract and such transfer of possession would be taxable if outright sale were made and, in such cases, the same shall be taxable as if outright sale were made and considered as a sale of such article, and the tax shall be computed and paid by the lessee upon the rentals paid;

(4) "Livestock", cattle, calves, sheep, swine, ratite birds, including but not limited to, ostrich and emu, aquatic products as defined in section 277.024, RSMo, elk documented as obtained from a legal source and not from the wild, goats, horses, other equine, or rabbits raised in confinement for human consumption;

(5) "Motor vehicle leasing company" shall be a company obtaining a permit from the director of revenue to operate as a motor vehicle leasing company. Not all persons renting or leasing trailers or motor vehicles need to obtain such a permit; however, no person failing to obtain such a permit may avail itself of the optional tax provisions of subsection 5 of section 144.070, as hereinafter provided;

(6) "Person" includes any individual, firm, copartnership, joint adventure, association, corporation, municipal or private, and whether organized for profit or not, state, county, political subdivision, state department, commission, board, bureau or agency, except the state highways and transportation department, estate, trust, business trust, receiver or trustee appointed by the state or federal court, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular number;

(7) "Product" means tangible personal property, or any service that is subject to state or local sales or use taxes, or any tax that is substantially equivalent thereto, in this state, or in any other state;

(8) "Purchaser" means a person who purchases tangible personal property or to whom are rendered services, receipts from which are taxable under sections 144.010 to 144.510;

[(8)] (9) "Sale" or "sales" includes installment and credit sales, and the exchange of properties as well as the sale thereof for money, every closed transaction constituting a sale, and means any transfer, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for valuable consideration and the rendering, furnishing or selling for a valuable consideration any of the substances, things and services herein designated and defined as taxable under the terms of sections 144.010 to 144.510;

[(9)] (10) "Sale at retail" means any transfer made by any person engaged in business as defined herein of the ownership of, or title to, tangible personal property to the purchaser, for use or consumption and not for resale in any form as tangible personal property, for a valuable consideration; except that, for the purposes of sections 144.010 to 144.510 and the tax imposed thereby: (i) purchases of tangible personal property made by duly licensed physicians, dentists, optometrists and veterinarians and used in the practice of their professions shall be deemed to be purchases for use or consumption and not for resale; and (ii) the selling of computer printouts, computer output or microfilm or microfiche and computer assisted photo compositions to a purchaser to enable the purchaser to obtain for his own use the desired information contained in such computer printouts, computer output on microfilm or microfiche and computer assisted photo compositions shall be considered as the sale of a service and not as the sale of tangible personal property. Where necessary to conform to the context of sections 144.010 to 144.510 and the tax imposed thereby, the term "sale at retail" shall be construed to embrace:

(a) Sales of admission tickets, cash admissions, charges and fees to or in places of amusement, entertainment and recreation, games and athletic events;

(b) Sales of electricity, electrical current, water and gas, natural or artificial, to domestic, commercial or industrial consumers;

(c) Sales of service to telephone subscribers and to others through equipment of telephone subscribers for the transmission of messages and conversations, both local or long distance, and the sale, rental or leasing of all equipment or services pertaining or incidental thereto;

(d) Sales of service for transmission of messages by telegraph companies;

(e) Sales or charges for all rooms, meals and drinks furnished at any hotel, motel, tavern, inn, restaurant, eating house, drugstore, dining car, tourist camp, tourist cabin, or other place in which rooms, meals or drinks are regularly served to the public;

(f) Sales of tickets by every person operating a railroad, sleeping car, dining car, express car, boat, airplane, and such buses and trucks as are licensed by the transportation division of the department of economic development of Missouri, engaged in the transportation of persons for hire;

[(10)] (11) "Seller" means a person selling or furnishing tangible personal property or rendering services, on the receipts from which a tax is imposed under section 144.020;

[(11)] (12) The noun "tax" means either the tax payable by the purchaser of a commodity or service subject to tax, or the aggregate amount of taxes due from the vendor of such commodities or services during the period for which he is required to report his collections, as the context may require.

2. For purposes of the taxes imposed under sections 144.010 to 144.510, and any other provisions of law pertaining to sales or use taxes which incorporate the provisions of sections 144.010 to 144.510 by reference, the term "manufactured homes" shall have the same meaning given it in section 700.010, RSMo.

3. Sections 144.010 to 144.510 may be known and quoted as the "Sales Tax Law"."; and

Further amend the title and enacting clause accordingly.

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

Senator Flotron moved that SS for SCS for HB 1507, as amended, be adopted, which motion prevailed.

Senator Wiggins was recognized to close.

President Pro Tem McKenna referred SS for SCS for HB 1507, as amended, to the Committee on State Budget Control.

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

At the request of Senator House, HS for HCS for HBs 1441, 937 and 1795, with SCS, was placed on the Informal Calendar.

HS for HCS for HBs 1455 and 1463, with SCS, entitled:

An Act to repeal sections 86.390, 86.440, 86.441, 86.483, 86.680 and 86.750, RSMo 1994, and sections 86.251, 86.256, 86.260, 86.280, 86.283, 86.287, 86.447, 86.620, 86.672 and 87.371, RSMo Supp. 1997, relating to certain police and firemen retirement benefits, and to enact in lieu thereof sixteen new sections relating to the same subject, with an emergency clause for a certain section.

Was taken up by Senator Scott.

SCS for HS for HCS for HBs 1455 and 1463, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1455 and 1463

An Act to repeal sections 86.390, 86.440, 86.441, 86.483, 86.680 and 86.750, RSMo 1994, and sections 86.251, 86.256, 86.260, 86.280, 86.283, 86.287, 86.447, 86.620, 86.672, 86.810, 87.371 and 104.612, RSMo Supp. 1997, relating to certain retirement systems, and to enact in lieu thereof eighteen new sections relating to the same subject, with an emergency clause for a certain section.

Was taken up.

Senator Scott moved that SCS for HS for HCS for HBs 1455 and 1463 be adopted.

Senator Scott offered SS for SCS for HS for HCS for HBs 1455 and 1463, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1455 and 1463

An Act to repeal sections 86.390, 86.440, 86.441, 86.483, 86.680, 86.750, 104.352 and 104.370, RSMo 1994, and sections 86.251, 86.253, 86.256, 86.260, 86.280, 86.283, 86.287, 86.447, 86.620, 86.672, 86.810, 87.371, 104.374 and 104.612, RSMo Supp. 1997, and section 104.348, as truly agreed to and finally passed by the second regular session of the eighty-ninth general assembly in house committee substitute for senate bill no. 841, relating to certain retirement systems, and to enact in lieu thereof twenty-three new sections relating to the same subject, with an emergency clause for certain sections.

Senator Scott moved that SS for SCS for HS for HCS for HBs 1455 and 1463 be adopted.

Senator Scott offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1455 and 1463, Page 54, Section 104.370, Line 18 of said page, by striking the word "one" and inserting in lieu thereof the following: "two"; and further amend line 19 of said page, by striking "seventy-five".

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

Senator Howard offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1455 and 1463, Page 2, Section A, Line 5, by inserting immediately after all of said line the following:

"70.686. If a retirant becomes employed in a position covered by the system, [he] such retirant shall forfeit one monthly allowance payment for each calendar month in which [he] the retirant renders any such employment[. During such employment, a retirant shall not accrue additional credited service nor shall he contribute to the system.]; except that, the retirant shall be considered a reemployed member with contributions due immediately in accordance with sections 70.705 and 70.710. Such period of reemployment shall be for a minimum of one year of additional membership service before the retirant shall receive any additional allowance. Any reemployed retirant who has one or more years of membership service after reemployment and later retires shall receive an additional allowance calculated to include only the membership service and the average compensation earned by the member since reemployment, if such employment is less than the period described in section 70.656. In either event, the original allowance and the additional allowance, if any, shall be paid commencing with the first month after such reemployment terminates. If the retirant retired pursuant to section 70.680, the provisions of section 70.680 shall apply."; and

Further amend the title and enacting clause accordingly.



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

Senator Caskey offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1455 and 1463, Page 25, Section 87.371.3, Line 21, by adding after the "." on said line the following:

"70.697. Any member who is eligible to receive benefits under the local government employees' retirement system and who retires after August 28, 1993, and who is also eligible to receive benefits under the provisions of sections 56.800 to 56.840, RSMo, shall receive benefits under sections 56.800 to 56.840, RSMo, which are reduced by one-third of the amount received from the local government employees' retirement system."; and further amend said bill by amending the title and enacting clause accordingly.

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

Senator Caskey offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1455 and 1463, Page 31, Section 104.612, Line 236, by inserting after all of said line the following:

"Section 1. Any state employee or official holding employment on August 28, 1998, who has service as a member pursuant to section 104.345, RSMo, shall be entitled to creditable prior service for service rendered as a county employee if the person establishes proof of such service to the satisfaction of the board."; and

Further amend the title and enacting clause accordingly.

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

Senator Bentley offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1455 and 1463, page 71, Section 104.612, Line 23, by inserting immediately after all of said line the following:

"476.515. 1. As used in sections 476.515 to 476.565, unless the context clearly indicates otherwise, the following terms mean:

(1) "Beneficiary", a surviving spouse married to the deceased judge continuously for a period of at least [two years] one year immediately preceding the judge's death or if there is no surviving spouse eligible to receive benefits pursuant to sections 476.515 to [476.570] 476.565, the term "beneficiary" shall mean any minor child of the deceased judge, who shall share in the benefits on an equal basis with all other beneficiaries;

(2) "Benefit", a series of equal monthly payments payable during the life of a judge retiring pursuant to the provisions of sections 476.515 to [476.570] 476.565 or payable to a beneficiary as provided in sections 476.515 to [476.570] 476.565; all benefits paid pursuant to sections 476.515 to [476.570] 476.565 in excess of any contributions made to the system by a judge shall be considered to be a part of the compensation provided a judge for the judge's services;

(3) "Commissioner of administration", the commissioner of administration of the state of Missouri;

(4) "Judge", any person who has served or is serving as a judge or commissioner of the supreme court or of the court of appeals; or as a judge of any circuit court, probate court, magistrate court, court of common pleas or court of criminal corrections of this state; as a justice of the peace; or as commissioner of the probate division of the circuit court appointed after February 29, 1972, in a county of the first classification having a charter form of government or in a city not within a county; or as commissioner of the juvenile division of the circuit court appointed pursuant to section 211.023, RSMo;

(5) "Salary", the total compensation paid for personal services as a judge by the state or any of its political subdivisions.

2. A surviving spouse whose benefits were terminated because of remarriage prior to October 1, 1984, shall, upon written application to the board within six months after October 1, 1984, have the surviving spouse's rights as a beneficiary restored. Benefits shall resume as of October 1, 1984.

3. A surviving spouse who, on or after January 1, 1996, and before August 28, 1998, meets the qualifications of a beneficiary as defined in subdivision (1) of subsection 1 of this section shall be made, constituted, appointed, and employed by the board as a special consultant on the problems of surviving spouses and other state matters for the remainder of the surviving spouse's life. Upon request of the board the consultant shall give opinions or be available to give opinions in writing or orally in response to such requests. As compensation, such consultant shall be eligible to receive benefits as a beneficiary beginning August 28, 1998."; and

Further amend the title and enacting clause accordingly.

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

Senator Maxwell offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1455 and 1463, Page 71, Section 104.612, Line 23, by inserting immediately after said line the following:

"Section 1. In addition to the provisions for creditable service provided in section 50.1090, RSMo, any county employee as defined in section 50.1000, RSMo, who was employed on January 1, 1989, and who was not employed on August 28, 1994, and who had prior service as a county employee for at least eight years may apply to the board and shall be made and employed by the board of trustees as a special consultant on the problems of retirement for the remainder of the person's life. Upon request of the board, the consultant shall give opinions or be available to give opinions in writing or orally in response to such requests. As compensation the consultant may elect to become a member of the system and purchase a portion of such prior service as prior creditable service. The election shall be made in writing to the board at the time the person applies to be made a consultant under the provisions of this subsection. The purchase shall be, for those who are not also members of the local government employees' retirement system, at the rate of three percent of the retiring member's average final compensation times the number of years purchased. The purchase for those who are also members of the local government employees' retirement system will be at the rate of two percent of the retiring member's average final compensation times the number of years purchased. Fifty percent of the purchase of prior creditable service shall be made prior to receiving retirement benefits and the balance may be in one lump sum payment at the time of application for appointment as a consultant or may be deducted in equal monthly installments from the retirement benefits paid to the consultant over a period of years to be agreed upon by the consultant and the board but not to exceed four years. If the consultant dies prior to payment of the full amount due, no further payment shall be due and the surviving spouse of the deceased shall receive the benefits required under the provisions of sections 50.1000 to 50.1200, RSMo."; and

Further amend the title and enacting clause accordingly.

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

Senator Maxwell offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1455 and 1463, Page 2, Section A, Line 5 of said page, by inserting after all of said line, the following:

"50.1501. Provisions of section 50.1500, subsection 3 to the contrary notwithstanding, if a taxpayer fails to make an installment payment of a portion of the real or personal property taxes owed to the county, then such county may charge the taxpayer interest and penalties on the entire amount of such property taxes owed for that year."; and

Further amend the title and enacting clause accordingly.

Senator Maxwell moved that the above amendment be adopted.

Senator Scott raised the point of order that SA 7 is out of order in that the amendment goes beyond the scope and content of the bill.

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

Senator Scott moved that SS for SCS for HCS for HBs 1455 and 1463, as amended, be adopted, which motion prevailed.

On motion of Senator Scott, SS for SCS for HCS for HBs 1455 and 1463, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
Curls DePasco Ehlmann Goode
Howard Jacob Kinder Mathewson
Maxwell McKenna Mueller Quick
Schneider Scott Staples Wiggins--20
NAYS--Senators
Bentley Graves House Johnson
Kenney Klarich Lybyer Rohrbach
Sims Singleton Westfall Yeckel--12
Absent--Senators
Flotron Russell--2
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 Caskey Childers Clay
Curls DePasco Ehlmann Goode
Graves Howard Jacob Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--27
NAYS--Senators
Bentley House Johnson Kenney
Klarich--5
Absent--Senators
Flotron Kinder--2
Absent with leave--Senators--None

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 1302, with SCS, introduced by Representative Bland, et al, entitled:

An Act relating to certain health care providers.

Was taken up by Senator Banks.

SCS for HB 1302, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1302

An Act relating to certain health care providers.

Was taken up.

Senator Banks moved that SCS for HB 1302 be adopted.

Senator Klarich offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Bill No. 1302, Page 1, Section 1, Line 1, by inserting immediately before said line the following:

"191.227. 1. All physicians, chiropractors, hospitals, dentists, and other duly licensed practitioners in this state, herein called "providers", shall, upon written request of a patient, or guardian or legally authorized representative of a patient, furnish a copy of his record of that patient's health history and treatment rendered to the person submitting a written request, except that such right shall be limited to access consistent with the patient's condition and sound therapeutic treatment as determined by the provider. [Beginning August 28, 1994,] Such record shall be furnished [within a reasonable time of the receipt of the request therefor and] and in accordance with the time limit in subsection 4 of this section and upon payment of a handling fee of [fifteen] twenty-five dollars plus a fee of thirty-five cents per page for copies of documents made on a standard photocopy machine.

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

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

4. Such records will be furnished within thirty days of the receipt of the request for such records. When such records are copied and produced by the provider, they shall, upon request, attest to the accuracy and completeness and shall have a cover affidavit attesting to their production as business records of the provider in compliance with section 490.692, RSMo, and such records are admissible as business records pursuant to sections 490.660 to 490.690, RSMo. Any additional fee charged for the attestation shall not exceed eight dollars. Failure by the provider to comply with the provisions of this section within thirty days of receipt of the request for such records shall result in the waiver of one-half of all handling, attestation and per page copying fees. Failure by the provider to comply with the provisions of this section within sixty days of the receipt of the request for such records shall result in the waiver of all handling, attestation and per page copying fees.

5. Beginning January 1, 2001, the limitation on the handling and attestation fees, but not the per page copying fees provided for in this section, shall be increased or decreased on an annual basis effective January first of each year in accordance with the implicit price deflator for personal consumption expenditures as published by the Bureau of Economic Analysis of the United States Department of Commerce. The current value of the fees shall be calculated by the director of the department of insurance, who shall furnish that value to the secretary of state, who shall publish such value in the Missouri Register as soon after each January first as practicable, but it shall otherwise be exempt from the provisions of section 536.021, RSMo."; and

Further amend the title and enacting clause accordingly.

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

Senator Goode offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Bill No. 1302, Page 1, Section 1, Line 1, by inserting immediately before said section the following:

"Section A. Sections 210.211, 210.245, 210.251, 210.252 and 210.256, RSMo 1994, and section 210.221, RSMo Supp. 1997, are repealed and thirteen new sections enacted in lieu thereof to be known as sections 210.211, 210.221, 210.245, 210.251, 210.252, 210.256, 1, 2, 3, 4, 5, 6 and 7, to read as follows:

210.211. 1. It shall be unlawful for any person to establish, maintain or operate a child care facility for children, or to advertise or hold himself out as being able to perform any of the services as defined in section 210.201, without having in effect a written license granted by the department of health except that nothing in sections 210.203 to 210.245 shall apply to:

(1) Any person who is caring for four or fewer children. For purposes of this subdivision, children who are related by blood, marriage or adoption to such person within the third degree shall not be considered in the total number of children being cared for;

(2) Any person who has been duly appointed by a court of competent jurisdiction the guardian of the person of the child or children, or the person who has legal custody of the child or children;

(3) Any person who receives free of charge, and not as a business, for periods not exceeding ninety consecutive days, as bona fide, occasional and personal guests the child or children of personal friends of such person, and who receives custody of no other unrelated child or children;

(4) Any graded boarding school, [nursery school,] summer camp, hospital, sanitarium or home which is conducted in good faith primarily to provide education, recreation, medical treatment, or nursing or convalescent care for children;

(5) Any nursery school;

[(5)] (6) Any child care facility maintained or operated under the exclusive control of a religious organization. When a nonreligious organization, having as its principal purpose the provision of child care services, enters into an arrangement with a religious organization for the maintenance or operation of a child care facility, the facility is not under the exclusive control of the religious organization; and

[(6)] (7) Any residential facility or day program licensed by the department of mental health under sections 630.705 to 630.760, RSMo, which provides care, treatment and habilitation exclusively to children who have a primary diagnosis of mental disorder, mental illness, mental retardation or developmental disability, as defined in section 630.005, RSMo.

2. Notwithstanding the provisions of subsection 1 of this section, no child care facility shall be exempt from licensure if such facility receives any state or federal funds for providing care for children except for federal funds for those programs that meet the requirements for participation in the Child and Adult Care Food Program, 42 U.S.C. 1766. Grants to parents for child care under this act shall not be construed to be funds received by the facility.

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

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

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

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

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

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

3. The department shall deny, suspend or revoke a license if it receives official written notice that the local governing body has found that license is prohibited by any local law related to the health and safety of children.  The department may after inspection find the licensure, denial of licensure, suspension or revocation may be in the best interest of the state.

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

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

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

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

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

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

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

210.251. 1. By January 1, 1994, financial incentives shall be provided by the department of health through the child development block grant and other public moneys for child care facilities wishing to upgrade their standard of care and which meet quality standards.

2. The department of health shall make federal funds available to licensed and inspected child care centers pursuant to federal law as set forth in the Child and Adult Food Program, 42 U.S.C. 1766.

210.252. 1. All buildings and premises used by a child care facility to care for more than four children except those exempted from the licensing provisions of the department of health pursuant to subdivisions (1) [to], (2), (3), (4) and (7) of section 210.211, shall be inspected annually for fire and safety by the state fire marshal, [his] the marshal's designee or officials of a local fire district and for health and sanitation by the department of health or officials of the local health department. Evidence of compliance with the inspections required by this section shall be kept on file and available to parents of children enrolling in the child care facility.

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

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

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

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

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

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

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

Further amend the title accordingly.

Senator Goode moved that the above amendment be adopted.

Senator Howard raised the point of order that SA 2 is out of order in that it goes beyond the title and scope of the bill.

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

Senator Scott offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Bill No. 1302, Page 1, Section 1, Line 1, by inserting immediately before said line the following:

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

(1) "Ambulatory surgical center", any public or private establishment operated primarily for the purpose of performing surgical procedures or primarily for the purpose of performing childbirths, and which does not provide services or other accommodations for patients to stay within the establishment more than twenty-three hours [within the establishment] for surgical procedures, forty-eight hours following vaginal deliveries or ninety-six hours following caesarean sections, provided, however, that nothing in this definition shall be construed to include the offices of dentists currently licensed pursuant to chapter 332, RSMo; provided, further, that nothing in this subdivision shall be construed to authorize treatment for more than twenty-three consecutive hours in an ambulatory surgical center until the department of health has promulgated rules and regulations pursuant to chapter 536, RSMo, governing the delivery of extended care obstetrical services in ambulatory surgical centers. such regulations shall include, but not be limited to, standards for patient safety and security and facilities, programs and services to be provided in connection with the care of patients in ambulatory surgical centers.

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

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

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

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

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

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

Further amend the title and enacting clause accordingly.

Senator Scott moved that the above amendment be adopted.

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

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

Senator House offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Bill No. 1302, Page 5, Section 7.4, Line 29, by inserting after said line the following:

"5. This section shall not apply to administrative services only (ASO) contracts, or to third party administrators under contract to a self funded group only to administer benefits. Further, such section shall not be applicable to any insurer, health service corporation, health maintenance organization, or third party administrator which has an agreement with a plan, provider, or insured party containing performance standards equal to or better than those provided herein and whose actual performance over the last twelve months, results in the payment of 90% of clean claims within 30 days of receipt.".

Senator House moved that the above amendment be adopted.

Senator Banks raised the point of order that SA 4 is out of order in that the amendment goes beyond the scope and title of the original bill.

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

SA 4 was again taken up.

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

Senator Kenney offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for House Bill No. 1302, Page 1, In the Title, Line 2, by striking all of said line and inserting in lieu thereof the following:

"To repeal section 197.317, RSMo Supp. 1997, relating to certain health care providers, and to enact in lieu thereof eight new sections relating to the same subject."; and

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

"Section A. Section 197.317, RSMo Supp. 1997, is repealed and eight new sections enacted in lieu thereof, to be known as sections 197.317, 1, 2, 3, 4, 5, 6 and 7, to read as follows:

197.317. After July 1, 1983, no certificate of need shall be issued for the following:

(1) Additional residential care facility I, residential care facility II, intermediate care facility or skilled nursing facility beds above the number then licensed by this state;

(2) Beds in a licensed hospital to be reallocated on a temporary or permanent basis to nursing care or beds in a long-term care hospital meeting the requirements described in 42 C.F.R., section 412.23(e), excepting those which are not subject to a certificate of need pursuant to paragraphs (e) and (g) of subdivision (12) of section 197.305; nor

(3) The reallocation of intermediate care facility or skilled nursing facility beds of existing licensed beds by transfer or sale of licensed beds between a hospital licensed under this chapter or a nursing care facility licensed under chapter 198, RSMo; except for beds in counties in which there is no existing nursing care facility. No certificate of need shall be issued for the reallocation of existing residential care facility I or II, or intermediate care facilities operated exclusively for the mentally retarded to intermediate care or skilled nursing facilities or beds. However, after [July 1, 1999] April 30, 2000, nothing in this section shall prohibit the Missouri health facilities review committee from issuing a certificate of need for additional beds in existing health care facilities or for new beds in new health care facilities or for the reallocation of licensed beds, provided that no construction shall begin prior to July 1, 2000. The provisions of subsections 16 and 17 of section 197.315 shall apply to the provisions of this section.".

Senator Kenney moved that the above amendment be adopted.

Senator Rohrbach raised the point of order that SA 5 is out of order as it goes beyond the scope and subject matter of the bill.

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

Senator Howard offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for House Bill No. 1302, Page 1, Section 1, Line 1, by inserting immediately before all of said line the following:

"354.535. 1. If a pharmacy, operated by or contracted with by a health maintenance organization, is closed or is unable to provide health care services to an enrollee in an emergency, a pharmacist may take an assignment of such enrollee's right to reimbursement, if the policy or contract provides for such reimbursement, for those goods or services provided to an enrollee of a health maintenance organization. No health maintenance organization shall refuse to pay the pharmacist any payment due the enrollee under the terms of the policy or contract.

2. No health maintenance organization, conducting business in the state of Missouri, shall contract with a pharmacy, pharmacy distributor or wholesale drug distributor, nonresident or otherwise, unless such pharmacy or distributor has been granted a permit or license from the Missouri board of pharmacy to operate in this state.

3. Every health maintenance organization shall apply the same coinsurance, copayment and deductible factors to all drug prescriptions filled by a pharmacy provider who participates in the health maintenance organization's network if the provider meets the contract's explicit product cost determination. If any such contract is rejected by any pharmacy provider, the health maintenance organization may offer other contracts necessary to comply with any network adequacy provisions of this act. However, nothing in this section shall be construed to prohibit the health maintenance organization from applying different coinsurance, copayment and deductible factors between generic and brand name drugs.

4. Health maintenance organizations shall not set a limit on the quantity of drugs which an enrollee may obtain at any one time with a prescription, unless such limit is applied uniformly to all pharmacy providers in the health maintenance organization's network.

5. Health maintenance organizations shall not insist or mandate any [provider] physician or other licensed health care practitioner to change an enrollee's maintenance drug unless the provider and enrollee agree to such change. For the purposes of this provision, a maintenance drug shall mean a drug prescribed by a practitioner who is licensed to prescribe drugs, used to treat a medical condition for a period greater than thirty days. Violations of this provision shall be subject to the penalties provided in section 354.444. Notwithstanding other provisions of law to the contrary, health maintenance organizations that change an enrollee's maintenance drug without the consent of the provider and enrollee shall be liable for any damages resulting from such change. Nothing in this subsection, however, shall apply to the dispensing of generically equivalent products for prescribed brand name maintenance drugs as set forth in section 338.056, RSMo.

[6. Notwithstanding any provision to the contrary under subsection 5 of this section, maintenance drugs as described in this section shall not include drugs which are classified as narrow therapeutic index drugs for which the United States Food and Drug Administration has approved a generic substitute.]"; and

Further amend the title and enacting clause accordingly.

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

Senator Wiggins offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Committee Substitute for House Bill No. 1302, Page 5, Section 7, Line 29, by inserting the following at the end of said line:

"Section 8. All individual and group health insurance policies providing coverage on an expense incurred basis, individual and group service or indemnity type contracts issued by a nonprofit corporation, individual and group service contracts issued by a health maintenance organization, all self-insured group arrangements to the extent not preempted by federal law and all managed health care delivery entities of any type or description, that are delivered, issued for delivery, continued or renewed on or after August 28, 1998, 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 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 administration of general anesthesia and hospital or office charges for treatment rendered by a dentist, regardless of whether the services are provided in a participating hospital or surgical center or office.

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 plans or other specified disease, hospital indemnity, medicare supplement or long-term care policies, or short term major medical policies of 6 months or less in duration."; and

Further amend the title and enacting clause accordingly.

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

Senator Wiggins offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Committee Substitute for House Bill No. 1302, Page 5, Section 7, Line 29, by inserting after all of said line following:

"Section 8. Any health insurer, as defined in section 376.806, RSMo nonprofit health service plan or health maintenance organization shall reimburse a claim for services provided by an advance practice nurse, as defined in section 335.016, RSMo, if such services are within the scope of practice of such nurse.".

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

Senator Mathewson assumed the Chair.

Senator Jacob offered SA 9:

SENATE AMENDMENT NO. 9

Amend Senate Committee Substitute for House Bill No. 1302, Page 1, Section 1, Line 1, by inserting immediately before said line the following:

"196.280. For the purpose of sections 196.280 to 196.286, the following terms shall mean:

(1) "Foodborne disease", illness acquired by the consumption of contaminated food;

(2) "Immune globulin", a sterile solution of immunoglobulin intended for intramuscular administration as a means of preventing or modifying certain infectious diseases;

(3) "Retail food establishment", any establishment where food is prepared, served or sold to members of the general public for consumption by humans.

196.286. When it is determined that a public announcement shall be given and a public immune globulin clinic held to control the spread of a foodborne disease to employees and customers of a retail food establishment, the establishment shall reimburse the state and local health agency for the cost of the clinic, including the cost of immune globulin per dose and administrative costs per person. Such reimbursement shall not exceed one-half of the total cost of the clinic or a maximum of one thousand dollars, whichever is less. Funds reimbursed to the state shall be deposited in a separate account in the public health services fund created in section 192.900, RSMo. The retail food establishment shall be exempt from the cost of reimbursement when the department of health, in conjunction with the local health agency, has determined that the retail food establishment, prior to the incident requiring a public immune globulin clinic, effectively implemented and monitored a department of health approved program to assure the application of current knowledge of best food safety practices within the retail food establishment, and has implemented measures to insure that food handlers are not actively working while ill."; and

Further amend said bill, Page 5, Section 7, Line 29, by inserting immediately after all of said line the following:

"Section 8. The department of health and community health care providers may be responsible for the following:

(1) Establishing and promoting hepatitis C education programs as an integral part of its health promotion and disease prevention efforts in order to raise public awareness, educate consumers, and to educate and train health care professionals and human service providers;

(2) Identifying resources in the area of hepatitis C education, screening, treatment and strive to coordinate the efforts of existing organizations with new programs and with each other so as to maximize education and access to services.

Section 9. The department of health and community health care provider may use and coordinate the following strategies for raising public awareness of the causes and nature of hepatitis C, personal risk factors, the value of prevention and early detection, and options for diagnosing and treating the disease:

(1) An outreach campaign utilizing print, radio, and television public service announcements, advertisements, posters, and other materials;

(2) Community forums;

(3) Health information and risk factor assessment at public events;

(4) Targeting at-risk populations;

(5) Providing reliable information to policy makers;

(6) Distributing information through local health agencies, schools, employer wellness programs, physicians, hospitals, health maintenance organizations, prisons, sports leagues, nonprofit organizations, community-based organizations, and department of health offices;

(7) Identifying and obtaining educational materials, including brochures and videotapes, that translate accurately the latest scientific information on hepatitis C in easy-to-understand terms;

(8) Building a statewide capacity to provide information and referrals on all aspects of hepatitis C, including, but not limited to, educational materials, counseling, and patient support groups.

Section 10. The department of health and community health care providers shall use the strategies, protocols, and guidelines adopted by the National Institutes of Health on hepatitis C for educating physicians and health professionals and training providers on the most recent scientific and medical information on hepatitis C detection, diagnosis, treatment, and therapeutic decision-making. Specifically, the guidelines may include, but not be limited to the following:

(1) Tracking and reporting of both acute and chronic cases of hepatitis C by public health officials;

(2) A cost-efficient plan to screen the prison population;

(3) Protocols within the department of corrections to enable that department to provide appropriate treatment to prisoners with hepatitis C;

(4) Protocols for the education of correctional officers and other correctional workers who work with prisoners with hepatitis C;

(5) Protocols for public safety and health care workers who come in contact with hepatitis C patients."; and

Further amend the title and enacting clause accordingly.

Senator Jacob moved that the above amendment be adopted.

Senator Banks raised the point of order that SA 9 is out of order in that it goes beyond the scope of the title of the original bill.

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

SA 9 was again taken up.

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

Senator Ehlmann offered SA 10:

SENATE AMENDMENT NO. 10

Amend Senate Committee Substitute for House Bill No. 1302, Page 3, Section 3, Lines 8-10, by striking all of said lines and inserting in lieu thereof the following: "administration of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority of this section, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act.".

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

Senator Schneider offered SA 11:

SENATE AMENDMENT NO. 11

Amend Senate Committee Substitute for House Bill No. 1302, Page 5, Section 7, Line 29, by inserting after all of said line the following:

"5. A provider who is paid interest under this section shall pay the proportionate amount of said interest to the enrollee or insured to the extent and for the time period that the enrollee or insured had paid for the services and for which reimbursement was due to the insured or enrollee."; and

Amend Section 7, Page 4, line 18, by striking "and one-half".

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

Senator Westfall offered SA 12, which was read:

SENATE AMENDMENT NO. 12

Amend Senate Committee Substitute for House Bill No. 1302, Section 7, Page 4, Line 18, by deleting the words "and one-half"; and further amend said bill and section, page 5, line 29, by deleting the words "and one-half"; and further amend said bill and section, page 5, line 29, by inserting after said line the following:

"6. This section shall become effective April 1, 1999.".

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

Senator Banks moved that SCS for HB 1302, as amended, be adopted, which motion prevailed.

On motion of Senator Banks, SCS for HB 1302, 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 Howard
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
House Jacob--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

At the request of Senator McKenna, HB 1627 was placed on the Informal Calendar.

At the request of Senator McKenna, HB 1834 was placed on the Informal Calendar.

PRIVILEGED MOTIONS

Senator Wiggins moved that the Senate conferees on HB 1301, with SCA 1, be allowed to exceed the differences, which motion prevailed.

HOUSE BILLS ON THIRD READING

HB 1240, introduced by Representative Parker, entitled:

An Act to repeal section 311.554, RSMo 1994, relating to Missouri wine, and to enact in lieu thereof six new sections relating to the same subject.

Was taken up by Senator Lybyer.

On motion of Senator Lybyer, HB 1240 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley 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--Senator Caskey--1
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

Senator Johnson assumed the Chair.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which was referred HCS for HB 1167, with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

HOUSE BILLS ON THIRD READING

HCS for HB 1167, with SCS, entitled:

An Act relating to assaults in correctional institutions.

Was taken up by Senator Staples.

SCS for HCS for HB 1167, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1167

An Act to repeal section 211.156, RSMo 1994, relating to the care and detention of certain persons, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Staples moved that SCS for HCS for HB 1167 be adopted.

Senator Staples offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1167, Page 2, Section 211.156, Line 25, by inserting immediately after said line the following:

"217.287. 1. Contracts for collect call telephone services for correctional institutions of the department of corrections shall be awarded to the lowest and the best bidder over the life of the contract, based on call costs to called parties.

2. The division of purchasing of the office of administration may renegotiate any existing contracts for collect call telephone service for correctional institutions of the department of corrections to reduce call costs to called parties."; and

Further amend the title and enacting clause accordingly.

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

Senator Lybyer offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1167, Page 1, Section 211.156, Lines 10 and 11, by deleting all after the word "appropriations" and all of line 11 through the word "year", and on page 2, by deleting the same words on lines 24 and 25.

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

Senator Clay offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1167, Page 2, Section 1, Line 8, by striking "three years" and inserting in lieu thereof the following: "one year".

Senator Clay moved that the above amendment be adopted.

Senator Lybyer offered SSA 1 for SA 3, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1167, Page 2, Section 1, Line 10, by inserting after said line the following:

"3. Any offender, when placed under the custody of the department of corrections and every offender upon the effective date of this act shall be informed of the provisions of this section.".

Senator Lybyer moved that the above amendment be adopted.

Senator Jacob raised the point of order that SSA 1 for SA 3 is out of order in that it is not a true substitute amendment.

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

SA 3 was again taken up.

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

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 3

Amend Senate Amendment No. 3 to Senate Committee Substitute for House Committee Substitute for House Bill No. 1167, Page 2, Section 1, Line 10, by inserting after said line the following:

"3. This section shall only impose a penalty in the case of physical assaults.".

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

SA 3 was again taken up.

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

Senator Lybyer offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1167, Page 2, Section 1, Line 10, by inserting after said line the following:

"3. Any offender, when placed under the custody of the department of corrections and every offender upon the effective date of this act shall be informed of the provisions of this section.".

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

Senator Graves offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1167, Page 2, Section 1, Line 10, by inserting after all of said line the following:

"Section 2. In any telephone call made by a person in the custody of the department of corrections, a recording shall state the origin of the call at least once every four minutes."; and

Further amend the title and enacting clause accordingly.

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

Senator Graves offered SA 6, which was read:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1167, Page 2, Section 1, Line 10, by inserting after said line the following:

"Section 2. The Department of Corrections shall conduct random tests of at least five percent of all offenders within its correctional facilities to check for the presence of illegal controlled substances. The tests shall be conducted twice per year."; and

Further amend the title and enacting clause.

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

SA 6 failed of adoption by the following vote:

YEAS--Senators
Caskey Childers Ehlmann Graves
House Kenney Kinder Klarich
Russell Schneider Sims Westfall
Yeckel--13
NAYS--Senators
Bentley Clay Curls DePasco
Goode Howard Jacob Johnson
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Scott
Singleton Staples Wiggins--19
Absent--Senators
Banks Flotron--2
Absent with leave--Senators--None

Senators Kenney and Graves offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1167, Page 2, Section 1, Line 10, by inserting immediately after said line, the following:

"Section 2. 1. Offenders who have two previous remands to the department of corrections for felonies unrelated to the present felony offense or who refuse to participate in work or educational programs required by the department of corrections shall be employed at such labor, in such places and under such regulations within the state as may be determined by the department, subject to other provisions of law. The department is expressly authorized to establish posts, camps, stations or work crews in conjunction with labor, discipline or rehabilitation programs.

2. The department is further authorized to require offenders described in subsection 1 of this section to participate in programs designed to improve their physical, mental or psychological well-being, or programs designed to instill discipline and a sense of responsibility.

3. The department is authorized to adopt rules and regulations, to enter into contracts and to take any other action necessary to implement the programs outlined in this section. Rules and regulations shall be adopted as required under section 536.024, RSMo.

4. The department shall take all reasonable steps to protect the public from offenders in work programs, and in no case shall an offender convicted of first degree murder, as defined in section 565.020, RSMo, first degree assault, as defined in section 565.050, RSMo, forcible rape, as defined in section 566.030, RSMo, or forcible sodomy, as defined in section 566.060, RSMo, be placed in a work program under this section.

5. Offenders participating in work programs under this section shall wear distinctive, colored uniforms and may be required to wear shackles and chains.

6. No offender shall have a legal cause of action because he is required to participate in a work program authorized under this section, and no offender assigned to such a program shall be considered an employee of the state, any city or county, or any public, private or charitable entity for the purpose of determining benefits for work performed, nor shall the services performed by the offender be deemed employment within the meaning of the provisions of chapter 287 or chapter 288, RSMo.

7. No work programs authorized by this section shall result in the displacement of civilian workers employed in the state."; and

Further amend the title and enacting clause accordingly.

Senator Kenney moved that the above amendment be adopted.

Senator Klarich requested a roll call vote be taken on the adoption of SA 7 and was joined in his request by Senators Childers, Graves, Kenney and Singleton.

At the request of Senator Staples, HCS for HB 1167, with SCS and SA 7 (pending), was placed on the Informal Calendar.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has made a change in the conferees on HCS for HB 1189, as amended, to be as follows: Representatives: Liese, Johnson, Copeland, Hartzler (123) and Burton.

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 SB 743, entitled:

An Act to repeal sections 44.010, 44.020, 44.022, 44.024, 44.028, 44.032, 44.080, 44.090, 44.100, 44.110, 44.112, 44.113, 190.005, 190.010, 190.015, 190.043, 190.055, 190.060, 190.073, 190.093, 190.095, 190.100, 190.105, 190.110, 190.115, 190.120, 190.125, 190.130, 190.135, 190.140, 190.141, 190.150, 190.155, 190.160, 190.165, 190.171, 190.175, 190.180, 190.190, 190.235, 190.237, 190.239, 190.241, 190.243, 190.245 and 190.247, RSMo 1994, and section 190.145 as both versions appear in RSMo Supp. 1997, and sections 190.185 and 537.035, RSMo Supp. 1997, relating to emergency management, and to enact in lieu thereof fifty-five new sections relating to the same subject, with an emergency clause for certain sections.

With House Amendment No. 1.

HOUSE AMENDMENT NO. 1

Amend House Substitute for Senate Bill No. 743, Page 1, In the Title, Line 16, by deleting the word "fifty-five" and inserting in lieu thereof the word "fifty-six"; and

Further amend said bill, Page 2, Section A, Line 4, by deleting the word "fifty" and inserting in lieu thereof the word "fifty-one"; and

Further amend said bill, Page 2, Section A, Line 5, by inserting after the word "sections" the figure "37.250,"; and

Further amend said bill, Page 2, Section A, Line 12, by inserting after all of said line the following:

"37.250. 1. The general assembly declares it is the public policy of this state to determine the most cost effective systems to provide ubiquitous coverage of the state transparent communications between all members of all using agencies, and the necessary E911 capability to provide assured emergency response, and to reduce the response time for emergency or disastrous situations.

2. There is hereby created a committee on state operated wireless communication systems to be composed of:

(1) The commissioner of administration or a designee;

(2) The director of the department of public safety or a designee;

(3) The director of the department of conservation or a designee; and

(4) The chief engineer of the department of transportation or a designee.

3. The committee shall examine existing programs and proposals for development or expansion to identify duplication in resource allocation of wireless communication systems. The committee shall submit a report to the general assembly by August 30, 1998, in which it identifies opportunities for cost savings, increased efficiency and improved services for Missouri's citizens. The committee shall review the state's purchasing law and may recommend such changes to chapter 34, RSMo, as it deems appropriate to maintain and enhance the state's wireless communication system. The committee may make such other recommendations as it deems appropriate and shall identify the costs associated with each such recommendation.".

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 adopted the Conference Committee Report No. 2 on HCS for SB 809 and has again taken up and passed CCS No. 2 for HCS for SB 809.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HS for HCS for SB 827, as amended. Representatives: Rizzo, Scheve, Bray, Vogel and Cooper.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for SCS for SBs 614, 696, 906, 530, 912 and 914, entitled:

An Act to repeal sections 57.130, 138.430, 196.790, 211.331, 213.111, 320.121, 426.220, 426.230, 451.100, 476.682, 477.087, 478.265, 478.266, 478.267, 487.090, 491.060, 528.620, 534.070, 534.350, 534.360 and 535.110, RSMo 1994, and sections 56.765, 57.280, 57.290, 105.464, 211.447, 478.464, 479.500, 487.020, 487.030, 488.012, 488.015, 506.363, 506.369, 506.372, 506.375, 506.390, 514.040, 534.090, 534.380 and 535.030, RSMo Supp. 1997, and to enact in lieu thereof forty-six new sections relating to the judiciary, with an expiration date for a certain section.

With House Amendments Nos. 1 and 2; House Substitute Amendment No. 1 for House Amendment No. 3; and House Amendments Nos. 4, 5, 6, 8 and 9.

HOUSE AMENDMENT NO. 1

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 614, 696, 906, 530, 912 and 914, Page 1, In the Title, Line 3 of said page, by deleting the number "320.121,"; and

Further amend said bill, Page 1, In the Title, Line 12 of said page, by deleting the word "forty-six" and inserting in lieu thereof the word "forty-five"; and

Further amend said bill, Page 1, Section A, Line 18 of said page, by deleting the number "320.121,"; and

Further amend said bill, Page 2, Section A, Line 4 of said page, by deleting the word "forty-six" and inserting in lieu thereof the word "forty-five"; and

Further amend said bill, Page 2, Section A, Line 6 of said page, by deleting the number "320.121,"; and

Further amend said bill, Pages 28 and 29, Section 320.121, by deleting all of said section.

HOUSE AMENDMENT NO. 2

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 614, 696, 906, 530, 912 and 914, Page 7, Section 57.280, by deleting the word "or" from Line 1; and deleting all of Line 2 and inserting in lieu thereof the word "and".

HOUSE AMENDMENT NO. 3

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 614, 696, 906, 530, 912 and 914, Page 28, Section 213.111, Line 9, by deleting the word "Such" and inserting in lieu thereof the following: "If the employer party to the action employs twenty or more persons, such".

HOUSE AMENDMENT NO. 4

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 614, 696, 906, 530, 912 and 914, Page 1, In the Title, Line 3, by inserting after the number "426.230," the following: "441.500, 441.410, 441.530, 441.550, 441.570, 441.580, 441.590, 441.610, 441.620, 441.630, 441.640, 441.641,"; and

Further amend said bill, Page 1, In the Title, Line 7, by inserting after the number "57.290," the number "82.1025,"; and

Further amend said bill, Page 1, In the Title, Line 8, by inserting after the number "211.447," the number "441.520,"; and

Further amend said bill, Page 1, In the Title, Line 12, by deleting the word "forty-six" and inserting in lieu thereof the word "fifty-nine"; and

Further amend said bill, Page 1, Section A, Line 18, by inserting after the number "426.230," the following: "441.500, 441.510, 441.530, 441.550, 441.570, 441.580, 441.590, 441.610, 441.620, 441.630, 441.640, 441.641,"; and

Further amend said bill, Page 2, Section A, Line 1, by inserting after the number "57.290," the number "82.1025," and further amend said line by inserting after the number "211.447," the number "441.520,"; and

Further amend said bill, Page 2, Section A, Line 4, by deleting the word "forty-six" and inserting in lieu thereof the word "fifty-nine"; and

Further amend said bill, Page 2, Section A, Line 5, by inserting after the number "57.290," the number 82.1025,"; and

Further amend said bill, Page 2, Section A, Line 7, by inserting after the number "426.230," the following: "441.500, 441.510, 441.520, 441.530, 441.550, 441.570, 441.580, 441.590, 441.610, 441.630, 441.641, 441.643,"; and

Further amend said bill, Page 15, Section 57.290, Line 5, by inserting after all of said line the following:

"82.1025. In any county of the first classification, in any city not within a county and in any city with at least three hundred fifty thousand inhabitants which is located in more than one county, a parcel of property is a nuisance, if such property adversely affects the property values of a neighborhood because the owner of such property allows the property to be in a deteriorated condition, due to neglect, violation of a county or municipal building code or standard, abandonment, failure to repair after a fire, flood or some other damage to the property or because the owner or resident of the property allows clutter on the property such as abandoned automobiles, appliances or similar objects. Any property owner, who owns property within a reasonable distance to a parcel of property which is alleged to be a nuisance may bring a nuisance action against the offending property owner for the amount of damage created by such property to the value of the petitioner's property, within the jurisdictional limits, and court costs in small claims court, provided that the owner of the property which is alleged to be a nuisance has received notification of the alleged nuisance and has had a reasonable opportunity, not to exceed forty-five days, to correct the alleged nuisance. This section is not intended to abrogate, and shall not be construed as abrogating, any remedy available under the common law of private nuisance."; and

Further amend said bill, Page 30, Section 426.230, Line 20, by inserting after all of said line the following:

"441.500. As used in sections 441.500 to [441.640] 441.643, the following terms mean:

(1) "Abatement", the removal or correction, including demolition, of any condition at a property that violates the provisions of any duly enacted building or housing code, as well as the making of such other improvements or corrections as are needed to effect the rehabilitation of the property or structure, including the closing or physical securing of the structure;

(2) "Agent", a person authorized by an owner to act for him;

[(2)] (3) "Code enforcement agency", the official, agency, or board that has been delegated the responsibility for enforcing the housing code by the governing body;

[(3)] (4) "Community", any "county" or "municipality";

[(4)] (5) "County", any county in the state;

[(5)] (6) "Dwelling unit", premises or part thereof occupied, used, or held out for use and occupancy as a place of abode for human beings, whether occupied or vacant;

[(6)] (7) "Governing body", the board, body or persons in which the powers of a community are vested;

[(7)] (8) "Housing code", a local building, fire, health, property maintenance, nuisance or other ordinance which contains standards regulating the condition or maintenance of residential buildings;

(9) "Local housing corporation", a not for profit corporation organized pursuant to the laws of the state of Missouri for the purpose of promoting housing development and conservation within a specified area of a municipality or an unincorporated area;

[(8)] (10) "Municipality", any incorporated city, town, or village;

[(9)] (11) "Notice of deficiency", a notice or other order issued by the code enforcement agency and requiring the elimination or removal of deficiencies found to exist under the housing code;

[(10)] (12) "Nuisance", a violation of provisions of the housing code applying to the maintenance of the [building or dwelling unit which if not promptly corrected will constitute a fire hazard or a substantial threat to the life, health or safety of occupants thereof or to the public] buildings or dwellings which the code official in the exercise of reasonable discretion believes constitutes a threat to the public health, safety or welfare;

[(11)] (13) "Occupant", any person occupying a dwelling unit as his or her place of "residence", whether or not that person is occupying the dwelling unit as a tenant from month to month or under a written lease, undertaking or other agreement;

[(12)](14) "Owner", the record owner or owners, and the beneficial owner or owners when other than the record owner, of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, personal representative, trustee, lessee, agent, or any other person in control of a dwelling unit;

[(13)] (15) "Person", any individual, corporation, association, partnership, or other entity.

[441.510. A civil action may be maintained under the provisions of sections 441.500 to 441.640 in the circuit court for the circuit where the property is located by the following persons or entities on the ground that a nuisance exists with respect to the dwelling unit or the building or premises of which the dwelling unit is a part:

(1) The municipality acting through the code enforcement agency;

(2) Occupants of one-third or more of the dwelling units within a building with respect to that building;

(3) Any not for profit organization validly organized pursuant to law and whose purpose includes the provision or enhancement of housing opportunities in its community; or

(4) Any owner or tenant of real property within twelve hundred feet in any direction of the property in question who shows that his property or person is substantially affected by the alleged nuisance. An owner or tenant need not prove any specific, special or unique damages to himself or his property or any adverse effect upon his property from the alleged nuisance in order to maintain a civil action pursuant to the provisions of sections 441.500 to 441.640.]

441.510. 1. If any building or dwelling is found to be in violation of building or housing codes which a party with standing to sue pursuant to subsection 8 of this section, the county or municipality in the exercise of reasonable discretion believes constitutes a threat to the public health, safety or welfare, the party with standing to sue pursuant to subsection 8 of this section, the county or municipality, in addition to any other remedies available to it, may apply to a court of competent jurisdiction for the appointment of a receiver to perform an abatement.

2. At least sixty days prior to the filing of an application for appointment of a receiver pursuant to sections 441.500 to 441.643, the party with standing to sue pursuant to subsection 8 of this section, the county or municipality shall give written notice by regular mail to all interested parties of its intent to file the application and information relative to:

(1) The identity of the property;

(2) The violations of the building or housing codes giving rise to the application for the receiver;

(3) The name, address and telephone number of the person or department where additional information can be obtained concerning violations and their remedy; and

(4) The party with standing to sue pursuant to subsection 8 of this section, the county or municipality which may seek the appointment of a receiver pursuant to sections 441.500 to 441.643 unless action is taken within sixty days by an interested party.

3. A party with standing to sue pursuant to subsection 8 of this section, a county or municipality may not apply for the appointment of a receiver pursuant to sections 441.500 to 441.643 if an interested party has commenced and is then prosecuting in a timely fashion an action or other judicial or nonjudicial proceeding to foreclose a security interest on the property, or to obtain specific performance of a land sale contract, or to forfeit a purchaser's interest under a land sale contract.

4. Notice of the application for the appointment of a receiver shall be served on all interested parties.

5. If, following the application for appointment of a receiver, one or more of the interested parties elects to correct the conditions at the property giving rise to the party with standing to sue pursuant to subsection 8 of this section, the county or municipality's application for the appointment of a receiver, the party or parties shall be required to post security in an amount and character as the court deems appropriate to ensure timely performance of all work necessary to make corrections, as well as such other conditions as the court deems appropriate to effect the timely completion of the corrections by the interested party or parties.

6. In the event that no interested party elects to act pursuant to subsection 5 of this section or fails to timely perform work undertaken pursuant to subsection 5 of this section, the court shall make a determination that the property is in an unsafe or insanitary condition and appoint a receiver to complete the abatement.

7. A receiver appointed by the court pursuant to sections 441.500 to 441.643 shall not be required to give security or bond of any sort prior to appointment.

8. Notwithstanding the provisions of subsections 1 to 7 of this section, a civil action may be maintained pursuant to the provisions of sections 441.500 to 441.640 in the circuit court for the circuit where the property is located by the following persons or entities on the ground that a nuisance exists with respect to the dwelling unit or the building or premises of which the dwelling unit is a part:

(1) Occupants of one-third or more of the dwelling units within a building with respect to that building; or

(2) Any owner or tenant of real property within twelve hundred feet in any direction of the property in question who shows that his or her property or person is substantially affected by the alleged nuisance. An owner or tenant need not prove any specific, special or unique damage to himself or herself or his or her property or any adverse effect upon his or her property from the alleged nuisance in order to maintain a civil action pursuant to the provisions of sections 441.500 to 441.640.

441.520. 1. The action to appoint a receiver authorized by section 441.510 shall be commenced by the filing of a verified petition by the party with standing to sue pursuant to subsection 8 of section 441.510, the county or municipality.

2. There shall be named as defendants:

(1) The last owner of record of the dwelling as of the date of the filing of the petition; and

(2) The last holder of record of any mortgage, deed of trust, or other lien of record against the building as of the date of the filing of the petition.

3. Any owner of the dwelling who is not a party defendant may be permitted by the court to join as a party defendant.

4. (1) Any owner, whether or not a citizen or resident of this state, who in person or through agent, owns, uses, or is possessed of any real estate situated in this state thereby subjects himself or itself to the jurisdiction of the courts of this state as to any cause of action arising [under] pursuant to the provisions of sections 441.500 to [441.640] 441.643. Personal service of process shall be made in accordance with the rules of civil procedure; provided that, if such service cannot with due diligence be made, service of process may be made by personally serving process upon the defendant outside this state, or by service in accordance with the rules of civil procedure as in all cases affecting a res within the jurisdiction of the court.

(2) If a landlord of residential property is not a resident of this state or is a corporation, he must designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to transact business in this state. The designation shall be in writing and include the address and the name of the registered agent and shall be filed in the office of the secretary of state. If no designation is made and filed or if process cannot be served in this state upon the designated agent, process may be served upon the secretary of state, but service upon him is not effective unless the petitioner forthwith mails a copy of the process and pleading by certified mail to the defendant or respondent at the address stated on the assessor's records for the subject property. An affidavit of compliance with this section shall be filed with the clerk of the court.

5. Any action brought [under] pursuant to the provisions of sections 441.500 to [441.640] 441.643 shall be expedited by the court and may be given precedence over other suits.

441.530. The [petition] application shall state:

(1) The facts constituting a nuisance with respect to the dwelling unit, building or premises of which the dwelling unit is a part[,];

(2) That violations of the housing code exist as determined by a notice of deficiency[,];

(3) That the owner of said property has failed, within a reasonable time, to undertake to remove said nuisance[,];

(4) If the action is brought by occupants, the number of dwelling units occupied by plaintiffs and the number of dwelling units in the building[,]; and

(5) The relief sought as authorized by sections 441.570 and 441.590.

441.550. In any [civil action brought under the provisions of sections 441.500 to 441.640, the plaintiff] application for receivership brought pursuant to sections 441.500 to 441.643, the party with standing to sue pursuant to subsection 8 of section 441.510, the county or municipality shall file for record, with the recorder of deeds of the county in which any such real estate is situated, a written notice of the pendency of the suit pursuant to the requirements of section 527.260, RSMo. From the time of filing such notice the pendency of suit shall be constructive notice to persons thereafter acquiring an interest in the building.

441.570. The court may, after hearing and finding the dwelling unit or building constitutes a nuisance,

(1) Appoint a receiver and direct that present and future rents due from one or more occupants be [deposited] paid by the occupant or occupants with [the clerk of the court] such receiver as such rents fall due, or

(2) Allow the owner a reasonable time to correct the deficiencies.

Any rents [deposited under] paid pursuant to the provisions of this section shall be [held by the court until the deficiencies noted in the building have been remedied, and shall not accrue interest during the time they are so held] applied to the costs incurred due to the abatement and receivership. Upon the completion of the work required to abate the nuisance, any remaining surplus after authorized disbursements and payments of cost shall be forwarded to the owner, together with a complete accounting of the rents [deposited] paid and the costs incurred.

441.580. Upon the entry of an order directing the [deposit] payment of rents [or payment] pursuant to section 441.570, [the deposit of the rents with the clerk of the court] such payment in accordance with the terms of the order shall be a valid defense to any action or proceeding brought by an owner against any tenant to recover possession of real property for the nonpayment of rent due and payable after the date of issuance of the order.

441.590. 1. The court may, in any order entered pursuant to section 441.570:

(1) Authorize the [owner] receiver to draw upon the rents deposited in court to pay for the cost of necessary repairs upon presentment to the court of the original copy of any invoice for work performed or materials purchased;

(2) Appoint the code enforcement agency, [the owner,] the mortgagee or other lienor of record, a local housing corporation established to promote housing development and conservation in the area in which such property that is the subject of receivership is located, a licensed attorney or real estate broker, or any other qualified person, as a receiver [to administer, subject to the court's direction, the rent moneys deposited and to be deposited with the clerk, or if the court so orders, to be collected directly by the receiver from the occupants of the building;] provided, however, that all lienholders of record shall be given the right of first refusal to serve as receiver in the order in which their lien appears of record. In the event of the refusal of all lienholders of record to serve as receiver or in the absence of any lienholders of record, the local housing corporation that is established to promote housing development and conservation in the area in which such property that is the subject of receivership is located, if any, shall be given the right of first refusal to serve as receiver for any residential property consisting of four units or less; or

(3) Where the building is vacant, appoint the code enforcement agency, [the owner,] the mortgagee or other lienor of record, a local housing corporation established to promote development and conservation in the area in which such property that is the subject of receivership is located, a licensed attorney or real estate broker, or any other qualified person, as a receiver to remove all of the housing code violations which constitute a nuisance as found by the court, except that all lienholders of record shall be given the right of first refusal to serve as receiver in the order in which their liens appear of record. In the event of the refusal of all lienholders of record to serve as receiver or in the absence of any lienholders of record, the local housing corporation that is established to promote development and conservation in the area in which such property that is the subject of receivership is located, if any, shall be given the right of first refusal to serve as receiver for any residential property consisting of four units or less.

2. The court may allow a receiver[, other than the owner,] reasonable and necessary expenses, payable from the rent moneys.

3. No receiver appointed shall serve without bond. The amount and form of such bond shall be approved by the court and the cost of such bond shall be paid from the moneys so deposited.

4. The receiver may, on order of the court, take possession of the property, collect all rents and profits accruing from the property, and pay all costs of management, including all insurance premiums and all general and special real estate taxes or assessments.

5. The receiver shall with all reasonable speed remove all of the housing code violations which constitute a nuisance as found by the court, and may make other improvements to effect a rehabilitation of the property in such fashion as is consistent with maintaining safe and habitable conditions over the remaining useful life of the property. The receiver shall have the power to let contracts therefor, in accordance with the provisions of local laws, ordinances, rules and regulations applicable to contracts.

6. The receiver may with the approval of the circuit court borrow money against, and encumber, the property as security therefor in such amounts as may be necessary to carry out his or her responsibilities [under] pursuant to sections 441.500 to [441.640] 441.643. The circuit court may authorize the receiver to issue receiver's certificates as security against such borrowings, which certificates shall be authorized investments for banks and savings and loan associations, and shall constitute a first lien upon the property and its income and shall be superior to any claims of the receiver and to all prior or subsequent liens and encumbrances except taxes and assessments, and shall be enforceable as provided in subsection 8 of this section.

7. In addition to issuance of receiver certificates, the receiver may pledge the rentals from the property and borrow or encumber the property on the strength of the rental income.

8. Any receiver appointed [under] pursuant to the provisions of sections 441.500 to [441.640] 441.643 shall have a lien, for the expenses necessarily incurred in the execution of an order, upon the rents receivable from the premises on or in respect of which the work required by such order has been done or expenses incurred, and this lien shall have priority over all other liens and encumbrances of record upon the rents receivable from the premises, except taxes, assessments, receiver's certificates, and mortgages recorded prior to October 13, 1969.

9. For the purposes of this section, "local housing corporation" shall mean only those local housing corporations established prior to April 28, 1999.

441.610. Any provision of a lease or other agreement whereby any provision of sections 441.500 to [441.640] 441.643 for the benefit of an occupant of a dwelling unit or units is waived or denied shall be deemed against public policy and shall be void.

[441.620. 1. Whenever an occupant of a dwelling unit shall, with respect to the occupied premises or the property of which such premises are a part, file a petition authorized by section 441.510, no action or proceeding to recover possession of such premises shall be maintainable by the owner against such occupant, nor shall the owner, by rent increase or otherwise cause such occupant involuntarily to quit such premises, or decrease services to which the occupant is entitled, for a period of one year from the date of the filing of such petition, notwithstanding that the occupant has no lease or that his lease has expired, except with the approval of the court, so long as the occupant continues to pay the owner, the owner's agent, or a court pursuant to a court order, the rent to which the owner is entitled at the time the petition is filed; provided, however, that the owner may recover possession of such premises if

(1) The occupant is then violating an obligation of a written lease which was executed prior to the date of the filing of the petition, or is using the leased premises for an immoral or illegal purpose or for other than living or dwelling purposes; or

(2) The owner seeks in good faith to recover possession of the property for his immediate and personal use and occupancy as a dwelling; or

(3) The owner seeks in good faith to recover possession for the immediate purpose of demolishing the property; or

(4) The dwelling unit and the property of which the dwelling unit is a part were, on the date of the filing of such petition, in full compliance with the housing code of the community; or

(5) Such complaint, notice, request or petition relates only to a condition or conditions occasioned by an act or omission of such occupant or members of his family, or an invitee or assignee thereof, beyond those acts or omissions constituting ordinary wear and tear.

2. Any person from whom possession has been recovered in violation of this section shall be entitled to recover twice the amount of rent for the period for which he was wrongfully dispossessed or twice the damages sustained by him, whichever is greater, and the cost of suit, including a reasonable attorney's fee.]

441.630. Every occupant of a dwelling unit under the provisions of sections 441.500 to [441.640] 441.643 shall be responsible to pay all rents due [the owner] from him or her when such rents become due and to exercise reasonable care

(1) To dispose of all rubbish and garbage in his or her dwelling unit, and other organic waste which might provide food for rodents, in a clean and sanitary manner;

(2) To refrain from unreasonable use of electrical, heating, and plumbing fixtures;

(3) To meet all obligations lawfully imposed upon the occupants of dwelling units by the code enforcement agency or the community;

(4) To refrain from willfully or wantonly destroying, defacing, damaging, impairing or removing any part of the structure or dwelling unit or the facilities, equipment, or appurtenances thereof, and to prohibit any other person on the premises with his or her permission from doing likewise; and

(5) Shall not under any circumstances take in additional occupants, sublease, rent or turn over said premises to any persons without the owner's knowledge and consent.

[441.640. The provisions of this law shall not be applicable to one-family buildings if the owner thereof resides therein.]

441.641. If the court appoints a receiver to abate a nuisance [in dwelling units] pursuant to sections 441.500 to [441.640] 441.643, and the holder of title to the property or any other party in interest does not take action to regain possession of the property within [ten] two years of the appointment of the receiver, the court may, for good cause shown, issue a judicial deed transferring title to the property to the receiver, or to any not for profit corporation organized pursuant to law.

441.643. In the event the court finds that the facts alleged in the petition filed pursuant to section 441.530 are unfounded and that the petition was filed frivolously and in bad faith, the petitioner shall be responsible for the reasonable attorney's fees attributable to the defense of said petition.".

HOUSE AMENDMENT NO. 5

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 614, 696, 906, 530, 912 and 914, Page 31, Section 451.100, Line 3 of said page, by deleting the period "." and inserting in lieu thereof the following: "; provided that a municipal judge shall not solemnize any marriage until the judge shall complete a course of instruction which may be affected by the Missouri Municipal and Associate Circuit Judges Association or any Continuing Legal Education Program approved by the Missouri Bar Association relating to the laws governing marriage in this state and the requirements to validly enter into and solemnize a marriage.".

HOUSE AMENDMENT NO. 6

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 614, 696, 906, 530, 912 and 914, Page 15, Section 105.464, Line 18, by striking all of said line and inserting in lieu thereof the following:

"person may receive a direct, or indirect as defined by the canons of judicial conduct, financial gain from any".

HOUSE AMENDMENT NO. 8

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 614, 696, 906, 530, 912 and 914, Page 1, In the Title, Line 5 of said page, by inserting immediately after the number "491.060," the following: "494.425,"; and

Further amend said bill, Page 1, In the Title, Line 12 of said page, by deleting the word "forty-six" and inserting in lieu thereof the word "forty-seven"; and

Further amend said bill, Page 1, Section A, Line 19 of said page, by inserting immediately after the number "491.060," the following: "494.425,"; and

Further amend said bill, Page 2, Section A, Line 4 of said page, by deleting the word "forty-six" and inserting in lieu thereof the word "forty-seven"; and

Further amend said bill, Page 2, Section A, Line 9 of said page, by inserting immediately after the number "491.060," the numbers "494.425,"; and

Further amend said bill, Page 59, Section 491.060, Line 20 of said page, by inserting after all of said line the following:

"494.425. The following persons shall be disqualified from serving as a petit or grand juror:

(1) Any person who is less than [twenty-one] eighteen years of age;

(2) Any person not a citizen of the United States;

(3) Any person not a resident of the county or city not within a county served by the court issuing the summons;

(4) Any person who has been convicted of a felony, unless such person has been restored to [his] such person's civil rights;

(5) Any person unable to read, speak and understand the English language;

(6) Any person on active duty in the armed forces of the United States or any member of the organized militia on active duty under order of the governor;

(7) Any licensed attorney at law;

(8) Any judge of a court of record;

(9) Any person who, in the judgment of the court or the board of jury commissioners, is incapable of performing the duties of a juror because of mental or physical illness or infirmity.".

HOUSE AMENDMENT NO. 9

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 614, 696, 906, 530, 912 and 914, Page 19, Section 196.790, Line 9, by inserting after said line all of the following:

"Section A. Section 211.031, RSMo 1994, is repealed and one new section is enacted in lieu thereof, to be known as section 211.031, to read as follows:

211.031. 1. Except as otherwise provided in this chapter, the juvenile court or the family court in the circuits that have a family court as provided in sections 487.010 to 487.190, RSMo, shall have exclusive original jurisdiction in proceedings:

(1) Involving any child or person seventeen years of age who may be a resident of or found within the county and who is alleged to be in need of care and treatment because:

(a) The parents, or other persons legally responsible for the care and support of the child or person seventeen years of age, neglect or refuse to provide proper support, education which is required by law, medical, surgical or other necessary for his or her well-being; except that reliance by a parent, guardian or custodian upon remedial treatment other than medical or surgical treatment for a child or person seventeen years of age shall not be construed as neglect when the treatment is recognized or permitted under the laws of this state;

(b) The child or person seventeen years of age is otherwise without proper care, custody or support; or

(c) The child or person seventeen years of age was living in a room, building or other structure at the time such dwelling was found by a court of competent jurisdiction to be a public nuisance pursuant to section 195.130, RSMo;

(2) Involving any child who may be a resident of or found within the county and who is alleged to be in need of care and treatment because:

(a) The child while subject to compulsory school attendance is repeatedly and without justification absent from school; or

(b) The child disobeys the reasonable and lawful directions of his or her parents or other custodian and is beyond their control; or

(c) The child is habitually absent from his or her home without sufficient cause, permission, or justification; or

(d) The behavior or associations of the child are otherwise injurious to his welfare or to the welfare of others; or

(e) The child is charged with an offense not classified as criminal, or with an offense applicable only to children; except that, the juvenile court shall not have jurisdiction over any child fifteen and one-half years of age who is alleged to have violated a state or municipal traffic ordinance or regulation, the violation of which does not constitute a felony, or any child who is alleged to have violated a state or municipal ordinance or regulation prohibiting possession or use of any tobacco product;

(3) Involving any child who is alleged to have violated a state law or municipal ordinance, or any person who is alleged to have violated a state law or municipal ordinance prior to attaining the age of seventeen years, in which cases jurisdiction may be taken by the court of the circuit in which the child or person resides or may be found or in which the violation is alleged to have occurred; except that, the juvenile court shall not have jurisdiction over any child fifteen and one-half years of age who is alleged to have violated a state or municipal traffic ordinance or regulation, the violation of which does not constitute a felony, or any child who is alleged to have violated a state or municipal ordinance or regulation prohibiting possession or use of any tobacco product;

(4) For the adoption of a person;

(5) For the commitment of a child or person seventeen years of age to the guardianship of the department of social services as provided by law.

2. Transfer of a matter, proceeding, jurisdiction or supervision for a child or person seventeen years of age who resides in a county of this state shall be made as follows:

(1) Prior to the filing of a petition and upon request of any party or at the discretion of the juvenile officer, the matter in the interest of a child or person seventeen years of age may be transferred by the juvenile officer, with the prior consent of the juvenile officer of the receiving court, to the county of the child's receiving court, to the county of the child's residence or the residence of the person seventeen years of age for future action;

(2) Upon the motion of any party or on its own motion prior to final disposition on the pending matter, the court in which a proceeding is commenced may transfer the proceeding of a child or person seventeen years of age to the court located in the county of the child's residence or the residence of the person seventeen years of age, or the county in which the offense under subdivision (3) of subsection 1 of this section is alleged to have occurred for further action.

(3) Upon motion of any party or on its own motion, the court in which jurisdiction has been taken pursuant to subsection 1 of this section may at any time thereafter transfer jurisdiction of a child or person seventeen years of age to the court located in the county of the child's residence or the residence of the person seventeen years of age for further action with the prior consent of the receiving court;

(4) Upon motion of any party or upon its own motion at any time following a judgment of disposition or treatment pursuant to section 211.181, the court having jurisdiction of the cause may place the child or person seventeen years of age under the supervision of another juvenile court within or without the state pursuant to section 210.570, RSMo, with the consent of the receiving court;

(5) Upon the transfer of any matter, proceeding, jurisdiction or supervision of a child or person seventeen years of age, certified copies of all legal and social documents and records pertaining to the case on file with the clerk of the transferring juvenile court shall accompany the transfer.

3. In any proceeding involving any child or person seventeen years of age taken into custody in a county other than the county of the child's residence or the residence of a person seventeen years of age shall be notified of such taking into custody within seventy-two hours.".

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS No. 2 for HCS for SB 680, entitled:

An Act to repeal sections 347.163, 351.025, 351.165, 351.210, 351.327, 351.596, 354.065 and 359.021, RSMo 1994, and sections 351.017, 351.180, 351.245 and 358.510, RSMo Supp. 1997, relating to business organizations, and to enact in lieu thereof fifteen new sections relating to the same subject.

With House Amendments Nos. 1, 2 and 3.

HOUSE AMENDMENT NO. 1

Amend House Substitute No. 2 for House Committee Substitute for Senate Bill No. 680, Page 20, Section 351.448, Line 22, by inserting immediately after the word "corporation" the words "but solely in connection with a holding company reorganization"; and

Amend said bill and section, page 25, lines 8-22, by deleting all of said lines and inserting in lieu thereof the following:

"4. If a plan of merger is adopted by such domestic corporation by action of its board of directors and without any vote of shareholders pursuant to this section, the articles of merger shall state that the plan of merger has been adopted pursuant to this section and shall set forth the resolution of the board of directors of such domestic corporation approving the plan of merger and the date of adoption of the resolution and shall state that the conditions in the first sentence of subsection 1 of this section have been satisfied. The articles of merger shall also set forth the plan of merger and as to each of the constituent corporations to the merger, the number of shares outstanding, shall be executed and verified as provided in section 351.430 and shall be filed in accordance with section 351.435 and the merger shall become effective in accordance with section 351.440.".

HOUSE AMENDMENT NO. 2

Amend House Substitute No. 2 for House Committee Substitute for Senate Bill No. 680, Pages 5 and 6, Section 351.025, by deleting all of said section and inserting in lieu thereof the following:

"351.025. 1. Any existing corporation heretofore organized for profit under any special law of this state may accept the provisions of this chapter and be entitled to all of the rights, privileges and benefits provided by this chapter, as well as accepting the obligations and duties imposed by this chapter, by filing with the secretary of state a certificate of acceptance of this chapter, signed by its president and secretary, duly authorized by its board of directors, and approved by the affirmative vote of a majority of its outstanding shares.

2. Any health services corporation organized as a not for profit corporation pursuant to chapter 354, RSMo, that has complied with the provisions of section 354.065, RSMo, may accept the provisions of this chapter and be entitled to all of the rights, privileges and benefits provided by this chapter, as well as accepting the obligations and duties imposed by this chapter, by filing with the secretary of state a certificate of acceptance of this chapter, signed by its president and secretary, duly authorized by its board of directors, and approved by the affirmative vote of a majority of its outstanding shares, if any.

3. The provisions of subsection 2 of this section shall expire and have no force and effect on and after August 31, 1999."; and

Further amend said bill, Page 27, Section 354.065, Line 19 of said page, by inserting immediately after the number "354.065." the number "1."; and

Further amend said bill, Page 28, Section 354.065, Line 5 of said page, by deleting all of said line and inserting in lieu thereof the following: "amended accordingly.

2. A health services corporation"; and

Further amend said bill, Page 29, Section 354.065, Line 11 of said page, by inserting after all of said line the following:

"3. The provisions of subsection 2 of this section shall expire and have no force and effect on and after August 31, 1999.".

HOUSE AMENDMENT NO. 3

Amend House Substitute No. 2 for House Committee Substitute for Senate Bill No. 680, Page 1, In the Title, Line 2 of said page, by inserting immediately after the word "sections" the numbers "105.273, 105.274,"; and

Further amend said bill, Page 1, In the Title, Line 7 of said page, by deleting the word "fifteen" and inserting in lieu thereof the word "forty-six"; and

Further amend said bill, Page 1, In the Title, Line 8 of said page, by inserting immediately after the word "subject" the words ", with penalty provisions"; and

Further amend said bill, Page 1, Section A, Line 11 of said page, by inserting immediately after the word "Sections" the numbers "105.273, 105.274,"; and

Further amend said bill, Page 1, Section A, Line 14 of said page, by deleting the word "fifteen" and inserting in lieu thereof the word "forty-six"; and

Further amend said bill, Page 1, Section A, Line 15 of said page, by inserting immediately after the word "sections" the numbers "105.273, 105.274,"; and

Further amend said bill, Page 1, Section A, Line 17 of said page, by deleting "and 2" and inserting in lieu thereof the following: ", 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31"; and

Further amend said bill, Page 1, Section 347.163, Line 18 of said page, by inserting immediately before all of said line the following:

"105.273. As used in sections 105.273 to 105.278

(1) "Public security" means a bond, note, certificate of indebtedness, or other obligation for the payment of money, issued by this state or by any of its departments, agencies or other instrumentalities or by any of its political subdivisions;

(2) "Instrument of payment" means a check, draft, warrant or order for the payment, delivery or transfer of funds;

(3) "Authorized officer" means any official of this state or any of its departments, agencies, or other instrumentalities or any of its political subdivisions whose signature to a public security or instrument of payment is required or permitted;

(4) "Facsimile signature" means a reproduction by engraving, imprinting, stamping, or other means of the manual signature of an authorized officer;

(5) "Contract", means any contract executed by a political subdivision of this state and approved by the governing body of the political subdivision.

105.274. Any authorized officer, after filing with the secretary of state his or her manual signature certified by [him] such officer under oath, may execute or cause to be executed with a facsimile signature in lieu of his or her manual signature:

(1) Any public security, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed; [and]

(2) Any instrument of payment. Upon compliance with sections 105.273 to 105.278 by the authorized officer, his or her facsimile signature has the same legal effect as his or her manual signature; and

(3) Any contract executed by a political subdivision of this state and approved by the governing body of the political subdivision."; and

Further amend said bill, Page 31, Section 358.510, Line 13 of said page, by inserting after all of said line the following:

"Section 1. Sections 1 to 27 of this act are known as the "Missouri Digital Signatures Act."

Section 2. Sections 1 to 27 of this act shall be construed to be consistent with what is commercially reasonable under the circumstances and to effectuate the following purposes:

(1) To facilitate commerce by means of reliable electronic messages;

(2) To minimize the incidence of forged digital signatures and fraud in electronic commerce;

(3) To implement legally the general import of relevant standards, such as X.509 of the International Telecommunication Union (formerly International Telegraph and Telephone Consultative Committee or CCITT); and

(4) To establish, in coordination with multiple states, uniform rules regarding the authentication and reliability of electronic messages.

Section 3. For the purposes of sections 1 to 27 of this act, unless the context expressly indicates otherwise, the following terms shall mean:

(1) "Accept a certificate":

(a) To manifest approval of a certificate, while knowing or having notice of its contents; or

(b) To apply to a licensed certification authority for a certificate, without canceling or revoking the application, if the certification authority subsequently issues a certificate based on the application;

(2) "Asymmetric cryptosystem", an algorithm or series of algorithms which provide a secure key pair;

(3) "Certificate", a computer-based record which:

(a) Identifies the certification authority issuing it;

(b) Names or identifies its subscriber;

(c) Contains the subscriber's public key; and

(d) Is digitally signed by the certification authority issuing it;

(4) "Certification authority", a person who issues a certificate;

(5) "Certification authority disclosure record", an on-line, publicly accessible record which concerns a licensed certification authority and is kept by the division. A certification authority disclosure record has the contents specified by rule of the division pursuant to section 4 of this act;

(6) "Certification practice statement", a declaration of the practices which a certification authority employs in issuing certificates generally, or employs in issuing a material certificate;

(7) "Certify", the declaration of material facts by the certification authority regarding a certificate;

(8) "Confirm", to ascertain through appropriate inquiry and investigation;

(9) "Correspond", with reference to keys, to belong to the same key pair;

(10) "Digital signature", a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer's public key can accurately determine whether:

(a) The transformation was created using the private key that corresponds to the signer's public key; and

(b) The message has been altered since the transformation was made;

(11) "Division", the commissions division of the office of secretary of state for the state of Missouri;

(12) "Forge a digital signature", either:

(a) To create a digital signature without the authorization of the rightful holder of the private key; or

(b) To create a digital signature verifiable by a certificate listing as subscriber a person who either:

a. Does not exist; or

b. Does not hold the private key corresponding to the public key listed in the certificate;

(13) "Hold a private key", to be able to use a private key;

(14) "Incorporate by reference", to make one message a part of another message by identifying the message to be incorporated and expressing the intention that it be incorporated;

(15) "Issue a certificate", the acts of a certification authority in creating a certificate and notifying the subscriber listed in the certificate of the contents of the certificate;

(16) "Key pair", a private key and its corresponding public key in an asymmetric cryptosystem, keys which have the property that the public key can verify a digital signature that the private key creates;

(17) "Licensed certification authority", a certification authority to whom a license has been issued by the division and whose license is in effect;

(18) "Message", a digital representation of information;

(19) "Notify", to communicate a fact to another person in a manner reasonably likely under the circumstances to impart knowledge of the information to the other person;

(20) "Operative personnel", one or more natural persons acting as a certification authority or its agent, or in the employment of or under contract with a certification authority, and who have:

(a) Managerial or policy-making responsibilities for the certification authority; or

(b) Duties directly involving the issuance of certificates, creation of private keys, or administration of a certification authority's computing facilities;

(21) "Person", a human being or any organization capable of signing a document, either legally or as a matter of fact;

(22) "Private key", the key of a key pair used to create a digital signature;

(23) "Public key", the key of a key pair used to verify a digital signature;

(24) "Publish", to record or file in a repository;

(25) "Qualified right to payment", an award of damages against a licensed certification authority by a court having jurisdiction over the certification authority in a civil action for violation of sections 1 to 27 of this act;

(26) "Recipient", a person who receives or has a digital signature and is in a position to rely on it;

(27) "Recognized repository", a repository recognized by the division pursuant to section 25 of this act;

(28) "Recommended reliance limit", the limitation on the monetary amount recommended for reliance on a certificate pursuant to subsection 1 of section 17 of this act;

(29) "Repository", a system for storing and retrieving certificates and other information relevant to digital signatures;

(30) "Revoke a certificate", to make a certificate ineffective permanently from a specified time forward. Revocation is effected by notation or inclusion in a set of revoked certificates, and does not imply that a revoked certificate is destroyed or made illegible;

(31) "Rightfully hold a private key", to be authorized to use a private key:

(a) Which the holder or the holder's agents have not disclosed to any person in violation of subsection 1 of section 13 of this act; and

(b) Which the holder has not obtained through theft, deceit, eavesdropping or other unlawful means;

(32) "Signer", a person who creates a digital signature for a message;

(33) "Subscriber", a person who:

(a) Is the subject listed in a certificate;

(b) Accepts the certificate; and

(c) Holds a private key which corresponds to a public key listed in that certificate;

(34) (a) "Suitable guaranty", either a surety bond executed by a surety authorized by the department of insurance to do business in this state, or an irrevocable letter of credit issued by a financial institution authorized to do business in this state by the division of finance or division of credit unions in the department of economic development, which, in either event, satisfies all of the following requirements, that it:

a. Is issued payable to the division for the benefit of persons holding qualified rights of payment against the licensed certification authority named as the principal of the bond or customer of the letter of credit;

b. Is in an amount specified by rule of the division pursuant to section 4 of this act;

c. States that it is issued for filing pursuant to the provisions of sections 1 to 27 of this act;

d. Specifies a term of effectiveness extending at least as long as the term of the license to be issued to the certification authority; and

e. Is in a form prescribed by rule of the division;

(b) A suitable guaranty may also provide that the total annual liability on the guaranty to all persons making claims based on it may not exceed the face amount of the guaranty;

(c) A financial institution acting as a certification authority may satisfy the requirements of this subsection from its assets or capital, to the extent of its lending limit as provided by law;

(35) "Suspend a certificate", to make a certificate ineffective temporarily from a specified time forward;

(36) "Time-stamp", either:

(a) To append or attach to a message, digital signature or certificate a digitally signed notation indicating at least the date and time the notation was appended or attached, and the identity of the person appending or attaching the notation; or

(b) The notation thus appended or attached;

(37) "Transactional certificate", a valid certificate incorporating by reference one or more digital signatures;

(38) "Trustworthy system", computer hardware and software which:

(a) Are reasonably secure from intrusion and misuse;

(b) Provide a reasonable level of availability, reliability and correct operation; and

(c) Are reasonably suited to performing their intended functions;

(39) (a) "Valid certificate", a certificate which:

a. A licensed certification authority has issued;

b. The subscriber listed in it has accepted;

c. Has not been revoked or suspended; and

d. Has not expired;

(b) A transactional certificate is a valid certificate only in relation to the digital signature incorporated in it by reference;

(40) "Verify a digital signature", in relation to a given digital signature, message and public key, to determine accurately that:

(a) The digital signature was created by the private key corresponding to the public key; and

(b) The message has not been altered since its digital signature was created.

Section 4. 1. The division may be a certification authority, and may issue, suspend and revoke certificates in the manner prescribed for licensed certification authorities in sections 1 to 27 of this act.

2. The division shall maintain a publicly accessible database containing a certification authority disclosure record for each licensed certification authority. The division shall publish the contents of the database in at least one recognized repository.

3. The division shall promulgate such rules as are necessary to effectuate the provisions of sections 1 to 27 of this act, including rules:

(1) Governing licensed certification authorities, their practice and the termination of a certification authority's practice;

(2) Determining an amount appropriate for a suitable guaranty, in light of:

(a) The burden a suitable guaranty places upon licensed certification authorities; and

(b) The assurance of financial responsibility it provides to persons who rely on certificates issued by licensed certification authorities;

(3) For reviewing software for use in creating digital signatures and publish reports concerning software;

(4) Specifying reasonable requirements for the form of certificates issued by licensed certification authorities, in accordance with generally accepted standards for digital signature certificates;

(5) Specifying reasonable requirements for recordkeeping by licensed certification authorities;

(6) Specifying reasonable requirements for the content, form and sources of information in certification authority disclosure records, the updating and timeliness of such information, and other practices and policies relating to certification authority disclosure records; and

(7) Specifying the form of certification practice statements.

4. No rule or portion of a rule promulgated pursuant to the authority of sections 1 to 27 of this act shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

Section 5. 1. To obtain or retain a license a certification authority shall:

(1) Be the subscriber of a certificate published in a recognized repository;

(2) Employ as operative personnel only persons who have not been convicted of a felony or a crime involving fraud, false statement or deception;

(3) Employ as operative personnel only persons who have demonstrated knowledge and proficiency in following the requirements of sections 1 to 27 of this act;

(4) File with the division a suitable guaranty, unless the certification authority is the governor, a department or division of state government, the attorney general, state auditor, state treasurer, the supreme court, a city, a county or the legislature or its staff offices provided that:

(a) Each of such governmental entities may act through designated officials authorized by ordinance, rule or statute to perform certification authority functions; and

(b) One of such governmental entities is the subscriber of all certificates issued by the certification authority;

(5) Have the right to use a trustworthy system, including a secure means for controlling usage of its private key;

(6) Present proof to the division of having working capital reasonably sufficient, according to rules of the division, to enable the applicant to conduct business as a certification authority;

(7) Comply with all other licensing requirements established by division rule.

2. The division shall issue a license to a certification authority which:

(1) Is qualified pursuant to subsection 1 of this section;

(2) Applies in writing to the division for a license; and

(3) Pays the required filing fee.

3. (1) The division may classify and issue licenses according to specified limitations, such as a maximum number of outstanding certificates, cumulative maximum of recommended reliance limits in certificates issued by the certification authority, or issuance only within a single firm or organization;

(2) A certification authority acts as an unlicensed certification authority when issuing a certificate exceeding the limits of the license.

4. (1) The division may revoke or suspend a certification authority's license for failure to comply with sections 1 to 27 of this act, or for failure to remain qualified pursuant to subsection 1 of this section;

(2) The division's actions pursuant to this subsection are subject to the procedures for adjudicative proceedings in chapter 621, RSMo.

5. The division may recognize by rule the licensing or authorization of certification authorities by other governmental entities, provided that those licensing or authorization requirements are substantially similar to those of this state. If licensing by another governmental entity is so recognized:

(1) Sections 19 to 24 of this act, which relates to presumptions and legal effects, applies to certificates issued by the certification authorities licensed or authorized by that governmental entity in the same manner as it applies to licensed certification authorities of this state; and

(2) The liability limits of section 17 of this act apply to the certification authorities licensed or authorized by that governmental entity in the same manner as they apply to licensed certification authorities of this state.

6. Unless the parties provide otherwise by contract between themselves, the licensing requirements in this section do not affect the effectiveness, enforceability or validity of any digital signature except that sections 19 to 24 of this act do not apply to a digital signature which cannot be verified by a certificate issued by a licensed certification authority. Further, the liability limits of section 17 of this act do not apply to unlicensed certification authorities.

Section 6. 1. A certified public accountant having expertise in computer security, or an accredited computer security professional, shall audit the operations of each licensed certification authority at least once each year to evaluate compliance with sections 1 to 27 of this act. The division may specify qualifications for auditors in greater detail by rule.

2. (1) Based on information gathered in the audit, the auditor shall categorize the licensed certification authority's compliance as one of the following:

(a) Full compliance, which means the certification authority appears to conform to all applicable statutory and regulatory requirements;

(b) Substantial compliance, which means the certification authority generally appears to conform to all applicable statutory and regulatory requirements; however, one or more instances of noncompliance or inability to demonstrate compliance were found in the audited sample, but were likely to be inconsequential;

(c) Partial compliance, which means the certification authority appears to comply with some statutory and regulatory requirements, but was found not to have complied or not to be able to demonstrate compliance with one or more important safeguards; or

(d) Noncompliance, which means the certification authority complies with few or none of the statutory and regulatory requirements, fails to keep adequate records to demonstrate compliance with more than a few requirements, or refused to submit to an audit;

(2) The auditor shall report the date of the audit of the licensed certification authority and resulting categorization to the division;

(3) The division shall publish in the certification authority disclosure record it maintains for the certification authority, the date of the audit and the resulting categorization of the certification authority.

3. (1) The division may exempt a licensed certification authority from the requirements of subsection 1 of this section if:

(a) The certification authority to be exempted requests exemption in writing;

(b) The most recent performance audit, if any, of the certification authority resulted in a finding of full or substantial compliance; and

(c) The certification authority declares under oath or affirmation that one or more of the following is true with respect to the certification authority:

a. The certification authority has issued fewer than six certificates during the past year and the total of the recommended reliance limits of all such certificates does not exceed ten thousand dollars;

b. The aggregate lifetime of all certificates issued by the certification authority during the past year is less than thirty days and the total of the recommended reliance limits of all such certificates does not exceed ten thousand dollars; or

c. The recommended reliance limits of all certificates outstanding and issued by the certification authority total less than one thousand dollars;

(2) If the certification authority's declaration pursuant to subdivision (1) of subsection 3 of this section falsely states a material fact, the certification authority shall have failed to comply with the performance audit requirement of this subsection;

(3) If a licensed certification authority is exempt pursuant to this subsection, the division shall publish in the certification authority disclosure record it maintains for the certification authority a statement that the certification authority is exempt from the performance audit requirement.

Section 7. 1. The division may investigate the activities of a licensed certification authority material to its compliance with this chapter and issue orders to a certification authority to further its investigation and ensure compliance with sections 1 to 27 of this act.

2. As provided in section 5 of this act, the division may restrict a certification authority's license for its failure to comply with an order of the division, or may suspend or revoke the license of a certification authority.

3. Any person who knowingly or intentionally violates an order of the division issued pursuant to this section or section 8 of this act is subject to a civil penalty of not more than five thousand dollars per violation or ninety percent of the recommended reliance limit of a material certificate, whichever is less.

4. The division may order a certification authority in violation of sections 1 to 27 of this act to pay the costs incurred by the division in prosecuting and adjudicating proceedings relative to, and in enforcement of, the order.

5. Administrative proceedings undertaken pursuant to this section shall be conducted pursuant to chapter 536, RSMo.

Section 8. 1. A certification authority, whether licensed or not, may not conduct its business in a manner that creates an unreasonable risk of loss to subscribers of the certification authority, to persons relying on certificates issued by the certification authority, or to a repository.

2. (1) The division may publish in one or more recognized repositories brief statements advising subscribers, persons relying on digital signatures, and repositories about any activities of a licensed or unlicensed certification authority, of which the division has actual knowledge, which create a risk prohibited by subsection 1 of this section;

(2) The certification authority named in a statement as creating such a risk may protest the publication of the statement by filing a brief, written defense. Upon receipt of such a protest, the division shall:

(a) Publish the written defense along with the division's statement;

(b) Publish notice that a hearing has been scheduled to determine the facts and to decide the matter; and

(c) Promptly give the protesting certification authority notice and a hearing as provided in chapter 536, RSMo;

(3) Following the hearing, the division shall:

(a) Rescind the advisory statement if its publication was unwarranted pursuant to this section;

(b) Cancel the advisory statement if its publication is no longer warranted;

(c) Continue or amend the advisory statement if it remains warranted; or

(d) Take further legal action to eliminate or reduce a risk prohibited by subsection 1 of this section;

(4) The division shall publish its decision in one or more recognized repositories.

3. Nothing in sections 1 to 27 of this act shall be construed to prevent the division from exercising any and all legal methods to enforce the provisions of sections 1 to 27 of this act. The provisions of this section do not create a right of action in any person other than the division.

Section 9. 1. A licensed certification authority or subscriber shall use only a trustworthy system:

(1) To issue, suspend or revoke a certificate;

(2) To publish or give notice of the issuance, suspension or revocation of a certificate; and

(3) To create a private key.

2. A licensed certification authority shall disclose any material certification practice statement, and any fact material to either the reliability of a certificate which it has issued or its ability to perform its services. A certification authority may require a signed, written and reasonably specific inquiry from an identified person, and payment of reasonable compensation, as conditions precedent to effecting a disclosure required in this subsection.

Section 10. 1. A licensed certification authority may issue a certificate to a subscriber only after all of the following conditions are satisfied:

(1) The certification authority has received a request for issuance signed by the prospective subscriber; and

(2) The certification authority has confirmed that:

(a) The prospective subscriber is the person to be listed in the certificate to be issued;

(b) If the prospective subscriber is acting through one or more agents, the subscriber authorized the agent or agents to have custody of the subscriber's private key and to request issuance of a certificate listing the corresponding public key;

(c) The information in the certificate to be issued is accurate after due diligence;

(d) The prospective subscriber rightfully holds the private key corresponding to the public key to be listed in the certificate;

(e) The prospective subscriber holds a private key capable of creating a digital signature; and

(f) The public key to be listed in the certificate can be used to verify a digital signature affixed by the private key held by the prospective subscriber;

(3) The requirements of this subsection may not be waived or disclaimed by the licensed certification authority or the subscriber.

2. (1) If the subscriber accepts the issued certificate, the certification authority shall publish a signed copy of the certificate in a recognized repository agreed upon by the certification authority and the subscriber named in the certificate, unless the contract between the certification authority and the subscriber provides otherwise;

(2) If the subscriber does not accept the certificate, a licensed certification authority shall not publish the certificate or shall cancel its publication if the certificate has already been published.

3. Nothing in this section precludes a licensed certification authority from conforming to standards, certification practice statements, security plans, or contractual requirements more rigorous than, but consistent with, sections 1 to 27 of this act.

4. (1) A licensed certification authority which has issued a certificate:

(a) Shall revoke a certificate immediately upon confirming that it was not issued as required by this section; or

(b) May suspend, for a reasonable period of time not to exceed forty-eight hours, a certificate which it has issued in order to conduct an investigation to confirm grounds for revocation pursuant to paragraph (a) of this subdivision;

(2) The certification authority shall give notice of the revocation or suspension to the subscriber as soon as practicable.

5. (1) The division may order the licensed certification authority to suspend or revoke a certificate which the certification authority issued if, after giving the certification authority and subscriber any required notice and opportunity for a hearing in accordance with chapter 536, RSMo, the division determines that:

(a) The certificate was issued without substantial compliance with this section; and

(b) The noncompliance poses a significant risk to persons reasonably relying on the certificate;

(2) The division may suspend a certificate for a reasonable period of time not to exceed forty-eight hours upon determining that an emergency requires an immediate remedy.

Section 11. 1. (1) By issuing a certificate, a licensed certification authority warrants to the subscriber named in the certificate that:

(a) The certificate contains no information known to the certification authority to be false;

(b) The certificate satisfies all material requirements of sections 1 to 27 of this act; and

(c) The certification authority has not exceeded any limits of its license in issuing the certificate;

(2) The certification authority may not disclaim or limit the warranties of this subsection.

2. Unless the subscriber and certification authority otherwise agree, a certification authority, by issuing a certificate, shall:

(1) Act promptly to suspend or revoke a certificate in accordance with sections 14 and 15 of this act; and

(2) Notify the subscriber within a reasonable time of any facts known to the certification authority which significantly affect the validity or reliability of the certificate once it is issued.

3. By issuing a certificate, a licensed certification authority certifies to all who reasonably rely on the information contained in the certificate that:

(1) The information in the certificate and listed as confirmed by the certification authority is accurate;

(2) All foreseeable information material to the reliability of the certificate is stated or incorporated by reference within the certificate;

(3) The subscriber has accepted the certificate; and

(4) The licensed certification authority has complied with all applicable laws of this state governing issuance of the certificate.

4. By publishing a certificate, a licensed certification authority certifies to the repository in which the certificate is published and to all who reasonably rely on the information contained in the certificate that the certification authority has issued the certificate to the subscriber.

Section 12. 1. By accepting a certificate issued by a licensed certification authority, the subscriber listed in the certificate certifies to all who reasonably rely on the information contained in the certificate that:

(1) The subscriber rightfully holds the private key corresponding to the public key listed in the certificate;

(2) All representations made by the subscriber to the certification authority and material to information listed in the certificate are true;

(3) All material representations made by the subscriber to a certification authority or made in the certificate and not confirmed by the certification authority in issuing the certificate are true.

2. An agent, requesting on behalf of a principal that a certificate be issued naming the principal as subscriber, certifies that the agent:

(1) Holds all authority legally required to apply for issuance of a certificate naming the principal as subscriber; and

(2) Has authority to sign digitally on behalf of the principal, and, if that authority is limited in any way, that adequate safeguards exist to prevent a digital signature exceeding the bounds of the person's authority.

3. A person may not disclaim or contractually limit the application of this section, or obtain indemnity for its effects, if the disclaimer, limitation or indemnity restricts liability for misrepresentation as against persons reasonably relying on the certificate.

4. (1) By accepting a certificate, a subscriber undertakes to indemnify the issuing certification authority for any loss or damage caused by issuance or publication of a certificate in reliance on a false and material representation of fact by the subscriber, or the failure by the subscriber to disclose a material fact if the representation or failure to disclose was made either with intent to deceive the certification authority or a person relying on the certificate or was made with negligence;

(2) If the certification authority issued the certificate at the request of an agent of the subscriber, the agent personally undertakes to indemnify the certification authority pursuant to subdivision (1) of this subsection as if the agent was an accepting subscriber in his or her own right. The indemnity provided in subdivision (1) of this subsection may not be disclaimed or contractually limited in scope, however, a contract may provide consistent, additional terms regarding the indemnification.

5. In obtaining information of the subscriber material to issuance of certificate, the certification authority may require the subscriber to certify the accuracy of relevant information under oath or affirmation of truthfulness and under penalty of criminal prohibitions against false, sworn statements.

Section 13. 1. By accepting a certificate issued by a licensed certification authority, the subscriber identified in the certificate assumes a duty to exercise reasonable care to retain control of the private key and prevent its disclosure to any person not authorized to create the subscriber's digital signature.

2. A private key is the personal property of the subscriber who rightfully holds it.

3. If a certification authority holds the private key corresponding to a public key as a fiduciary of the subscriber named in the certificate, the certification authority may use that private key only with the subscriber's prior, written approval, unless the subscriber expressly permits the certification authority to hold the private key according to other terms.

Section 14. 1. (1) Unless the certification authority and the subscriber agree otherwise, the licensed certification authority which issued a certificate which is not a transactional certificate shall suspend the certificate for a period not exceeding forty-eight hours:

(a) Upon request by a person identifying himself or herself as the subscriber named in the certificate, or as a person in a position likely to know of a compromise of the security of subscriber's private key, such as an agent, business associate, employee or member of the immediate family of the subscriber; or

(b) By order of the division pursuant to subsection 5 of section 10 of this act;

(2) The certification authority need not confirm the identity or agency of the person requesting suspension pursuant to paragraph (a) of subdivision (1) of this subsection.

2. (1) Unless the certificate provides otherwise or the certificate is a transactional certificate, the division, a court clerk, or county clerk may suspend a certificate issued by a licensed certification authority for a period of forty-eight hours, if:

(a) A person requests suspension and identifies himself or herself as the subscriber named in the certificate or as an agent, business associate, employee or member of the immediate family of the subscriber; and

(b) The requester represents that the certification authority which issued the certificate is unavailable;

(2) The division, court clerk or county clerk may:

(a) Require the person requesting suspension pursuant to subdivision (1) of this subsection to provide evidence, including a statement under oath or affirmation, regarding any information described in subdivision (1) of this subsection; and

(b) Suspend or decline to suspend the certificate in its discretion;

(3) The division, attorney general or county attorney may investigate suspensions by the division, a court clerk or a county clerk for possible wrongdoing by persons requesting suspension pursuant to subdivision (1) of this subsection.

3. (1) Immediately upon suspension of a certificate by a licensed certification authority, the licensed certification authority shall publish notice, signed by the licensed certification authority, of the suspension in any repositories specified in the certificate for publication of notice of suspension. If any repository specified in the certificate no longer exists or refuses to accept publication, or is no longer recognized pursuant to section 25 of this act, the licensed certification authority shall publish the notice in any recognized repository;

(2) If a certificate is suspended by the division, a court clerk or county clerk, the division or clerk shall give notice as required in subdivision (1) of this subsection for a licensed certification authority, provided that the person requesting suspension pays in advance any fee required by a repository for publication of the notice of suspension.

4. A certification authority shall terminate a suspension initiated by request only:

(1) If the subscriber named in the suspended certificate requests termination of the suspension and the certification authority has confirmed that the person requesting suspension is the subscriber or an agent of the subscriber authorized to terminate the suspension; or

(2) When the certification authority discovers and confirms that the request for the suspension was made without authorization by the subscriber, provided that this subdivision does not require the certification authority to confirm a request for suspension.

5. The contract between a subscriber and a licensed certification authority may limit or preclude requested suspension by the certification authority, or may provide otherwise for termination of a requested suspension. However, if the contract limits or precludes suspension by the division, a court clerk or a county clerk when the issuing certification authority is unavailable, the limitation or preclusion shall be effective only if notice of the limitation or preclusion is published in the certificate.

6. A person may not knowingly or intentionally misrepresent to a certification authority his or her identity or authorization in requesting suspension of a certificate. Violation of this subsection is a class B misdemeanor.

7. While the certificate is suspended, the subscriber is released from the duty to keep the private key secure pursuant to subsection 1 of section 13 of this act.

Section 15. 1. A licensed certification authority shall revoke a certificate which it issued, but which is not a transactional certificate, after:

(1) Receiving a request for revocation by the subscriber named in the certificate; and

(2) Confirming that the person requesting revocation is that subscriber, or is an agent of that subscriber with authority to request the revocation.

2. A licensed certification authority shall confirm a request for revocation and revoke a certificate within one business day after receiving both a subscriber's written request and evidence reasonably sufficient to confirm the identity and any agency of the person requesting the suspension.

3. A licensed certification authority shall revoke a certificate which it issued:

(1) Upon receiving a certified copy of the subscriber's death certificate, or upon confirming by other evidence that the subscriber is dead; or

(2) Upon presentation of documents effecting a dissolution of the subscriber, or upon confirming by other evidence that the subscriber has been dissolved or has ceased to exist.

4. A licensed certification authority may revoke one or more certificates which it issued if the certificates are or become unreliable, regardless of whether the subscriber consents to the revocation.

5. Immediately upon revocation of a certificate by a licensed certification authority, the licensed certification authority shall publish signed notice of the revocation in any repository specified in the certificate for publication of notice of revocation. If any repository specified in the certificate no longer exists or refuses to accept publication, or is no longer recognized pursuant to section 25 of this act, the licensed certification authority shall publish the notice in any recognized repository.

6. A subscriber ceases to certify the information, as provided in section 12 of this act, and has no further duty to keep the private key secure, as required by section 13 of this act, in relation to a certificate whose revocation the subscriber has requested, beginning with the earlier of either:

(1) When notice of the revocation is published as required in subsection 5 of this section; or

(2) Two business days after the subscriber requests revocation in writing, supplies to the issuing certification authority information reasonably sufficient to confirm the request, and pays any contractually required fee.

7. Upon notification as required by subsection 5 of this section, a licensed certification authority is discharged of its warranties based on issuance of the revoked certificate and ceases to certify the information, as provided in section 11 of this act, in relation to the revoked certificate.

Section 16. A certificate shall indicate the date on which it expires. When a certificate expires, the subscriber and certification authority cease to certify the information in the certificate as provided in sections 1 to 27 of this act and the certification authority is discharged of its duties based on issuance of that certificate.

Section 17. 1. By specifying a recommended reliance limit in a certificate, the issuing certification authority and the accepting subscriber recommend that persons rely on the certificate only to the extent that the total amount at risk does not exceed the recommended reliance limit.

2. Unless a licensed certification authority waives application of this subsection, a licensed certification authority is:

(1) Not liable for any loss caused by reliance on a false or forged digital signature of a subscriber, if, with respect to the false or forged digital signature, the certification authority complied with all material requirements of sections 1 to 27 of this act;

(2) Not liable in excess of the amount specified in the certificate as its recommended reliance limit for either:

(a) A loss caused by reliance on a misrepresentation in the certificate of any fact that the licensed certification authority is required to confirm; or

(b) Failure to comply with section 10 of this act in issuing the certificate;

(3) Liable only for direct, compensatory damages in any action to recover a loss due to reliance on the certificate, which damages do not include:

(a) Punitive or exemplary damages;

(b) Damages for lost profits, savings or opportunity; or

(c) Damages for pain or suffering.

Section 18. 1. (1) Notwithstanding any provision in the suitable guaranty to the contrary:

(a) If the suitable guaranty is a surety bond, a person may recover from the surety the full amount of a qualified right to payment against the principal named in the bond, or, if there is more than one such qualified right to payment during the term of the bond, a ratable share, up to a maximum total liability of the surety equal to the amount of the bond; or

(b) If the suitable guaranty is a letter of credit, a person may recover from the issuing financial institution the full amount of a qualified right to payment against the customer named in the letter of credit, or, if there is more than one qualified right to payment during the term of the letter of credit, a ratable share, up to a maximum total liability of the issuer equal to the amount of the credit;

(2) Claimants may recover successively on the same suitable guaranty, provided that the total liability on the suitable guaranty to all persons making claims based upon qualified rights of payment during its term may not exceed the amount of the suitable guaranty.

2. To recover a qualified right to payment against a surety or issuer of a suitable guaranty, the claimant shall file written notice of the claim with the division stating the name and address of the claimant, the amount claimed, and the grounds for the qualified right to payment, and any other information required by rule of the division.

3. Recovery of a qualified right to payment from the proceeds of the suitable guaranty shall be forever barred unless:

(1) The claimant substantially complies with subsection 2 of this section; and

(2) Notice of the claim is filed within two years after the occurrence of the violation of any of sections 1 to 27 of this act which is the basis for the claim.

Section 19. 1. Where a rule of law requires a signature, or provides for certain consequences in the absence of a signature, that rule is satisfied by a digital signature if:

(1) That digital signature is verified by reference to the public key listed in a valid certificate issued by a licensed certification authority;

(2) That digital signature was affixed by the signer with the intention of signing the message; and

(3) The recipient has no knowledge or notice that the signer either:

(a) Breached a duty as a subscriber; or

(b) Does not rightfully hold the private key used to affix the digital signature.

2. Nothing in sections 1 to 27 of this act precludes any symbol from being valid as a signature pursuant to other applicable law.

3. This section does not limit the authority of the department of revenue to prescribe the form of tax returns or other documents filed with the department of revenue.

Section 20. Unless otherwise provided by law or contract, the recipient of a digital signature assumes the risk that a digital signature is forged, if reliance on the digital signature is not reasonable under the circumstances. If the recipient determines not to rely on a digital signature pursuant to this section, the recipient shall promptly notify the signer of its determination not to rely on the digital signature.

Section 21. 1. A message is as valid, enforceable and effective as if it had been written on paper, if it:

(1) Bears in its entirety a digital signature; and

(2) That digital signature is verified by the public key listed in a certificate which:

(a) Was issued by a licensed certification authority; and

(b) Was valid at the time the digital signature was created.

2. Nothing in this chapter precludes any message, document or record from being considered written or in writing pursuant to other applicable state law.

Section 22. A copy of a digitally signed message is as effective, valid and enforceable as the original of the message, unless it is evident that the signer designated an instance of the digitally signed message to be a unique original, in which case only that instance constitutes the valid, effective and enforceable message.

Section 23. Unless otherwise provided by law or contract, a certificate issued by a licensed certification authority is an acknowledgement of a digital signature verified by reference to the public key listed in the certificate, regardless of whether words of an express acknowledgement appear with the digital signature or whether the signer physically appeared before the certification authority when the digital signature was created, if that digital signature is:

(1) Verifiable by that certificate; and

(2) Affixed when that certificate was valid.

Section 24. In adjudicating a dispute involving a digital signature, a court of this state shall presume that:

(1) A certificate digitally signed by a licensed certification authority and either published in a recognized repository or made available by the issuing certification authority or by the subscriber listed in the certificate is issued by the certification authority which digitally signed it and is accepted by the subscriber listed in it;

(2) The information listed in a valid certificate, as defined in section 3 of this act, and confirmed by a licensed certification authority issuing the certificate is accurate;

(3) If a digital signature is verified by the public key listed in a valid certificate issued by a licensed certification authority, it shall have the same force and effect as the use of a manual signature; and

(4) A digital signature was created before it was time stamped by a disinterested person utilizing a trustworthy system.

Section 25. 1. A repository may apply to the division for recognition by filing a written request and providing evidence to the division that the repository meets the requirements of subsection 2 of this section. The division shall determine whether to grant or deny the request in the manner provided for adjudicative proceedings in chapter 536, RSMo.

2. The division shall recognize a repository, after finding that the repository:

(1) Is operated under the direction of a licensed certification authority;

(2) Includes a database containing:

(a) Certificates published in the repository;

(b) Notices of suspended or revoked certificates published by licensed certification authorities or other persons suspending or revoking certificates as provided in sections 14 and 15 of this act;

(c) Certification authority disclosure records for licensed certification authorities;

(d) All orders or advisory statements published by the division in regulating certification authorities; and

(e) Other information as determined by rule of the division;

(3) Operates by means of a trustworthy system;

(4) Contains no significant amount of information which the division finds is known or likely to be untrue, inaccurate or not reasonably reliable;

(5) Contains certificates published by certification authorities required to conform to rules of practice which the division finds to be substantially similar to, or more stringent toward the certification authorities, than those of this state;

(6) Keeps an archive of certificates that have been suspended or revoked, or that have expired within at least the past three years; and

(7) Complies with other requirements prescribed by rule of the division.

3. The division's recognition of a repository may be discontinued upon the repository's written request for discontinuance filed with the division at least thirty days before discontinuance.

4. The division may discontinue recognition of a repository:

(1) Upon passage of an expiration date specified by the division in granting recognition; or

(2) In accordance with the procedures for adjudicative proceedings prescribed by chapter 536, RSMo, if the division concludes that the repository no longer satisfies the conditions for recognition listed in this section or in rules of the division.

Section 26. 1. Notwithstanding any disclaimer by the repository or any contract to the contrary between the repository, a certification authority, or a subscriber, a repository is liable for a loss incurred by a person reasonably relying on a digital signature verified by the public key listed in a suspended or revoked certificate if:

(1) The loss was incurred more than one business day after receipt by the repository of a request to publish notice of the suspension or revocation; and

(2) The repository had failed to publish the notice of suspension or revocation when the person relied on the digital signature.

2. Unless waived, a recognized repository or the owner or operator of a recognized repository is:

(1) Not liable:

(a) For failure to publish notice of a suspension or revocation, unless the repository has received notice of publication and one business day has elapsed since the notice was received;

(b) For any damages pursuant to subsection 1 of this section in excess of the amount specified in the certificate as the recommended reliance limit;

(c) For misrepresentation in a certificate published by a licensed certification authority;

(d) For accurately recording or reporting information which a licensed certification authority, the division, a county clerk or court clerk has published as provided in sections 1 to 27 of this act, including information about suspension or revocation of a certificate; or

(e) For reporting information about a certification authority, a certificate or a subscriber, if such information is published as provided in sections 1 to 27 of this act or a rule of the division, or is published by order of the division in the performance of its licensing and regulatory duties pursuant to sections 1 to 27 of this act; and

(2) Liable pursuant to subsection 1 of this section only for direct compensatory damages, which do not include:

(a) Punitive or exemplary damages;

(b) Damages for lost profits, savings or opportunity; or

(c) Damages for pain or suffering.

Section 27. The following governmental entity records are exempt from chapter 610, RSMo, and are not considered public records for the purposes of that chapter:

(1) Records containing information that would disclose, or might lead to the disclosure of private keys, asymmetric cryptosystems or algorithms; or

(2) Records, the disclosure of which might jeopardize the security of an issued certificate or a certificate to be issued.

Section 28. 1. Any statement, document or notice, except any document or judicial decree relating to the secretary of state's statutory or constitutional duties regarding elections, required or permitted to be filed with or transmitted by the secretary of state, or any judicial decree requiring the filing of such document, may be filed, transmitted, stored and maintained in an electronic format prescribed by the secretary of state. No statement, document or notice submitted or filed in an electronic format need be submitted or filed in duplicate. Nothing in this section shall require the secretary of state to accept or transmit any statement, document or notice in an electronic format.

2. Any statutory requirement that a statement, document or notice be signed by any person shall be satisfied by an electronically transmitted signature that is:

(1) Unique to the person using it;

(2) Capable of verification;

(3) Under the sole control of the person using it;

(4) Linked to the document in such a manner that if the data is changed, the signature is invalidated; and

(5) Intended by the party using it to have the same force and effect as the use of a manual signature.

3. Any requirement that a statement, document or notice filed with the secretary of state be notarized may be satisfied by a properly authenticated digital signature. The execution of any statement, document or notice with a digital signature pursuant to this subsection constitutes an affirmation under penalty of perjury that the facts stated therein are true and that such person or persons are duly authorized to execute such statement, document or notice, or are otherwise required to file such statement, document or notice.

Section 29. The secretary of state may accept credit or debit cards and establish a new revenue collection center for prepaid accounts for the payment of required taxes and fees. The secretary of state shall work with the state treasurer and the office of administration in connection with such payments. No person establishing a prepayment account pursuant to this section shall be entitled to payment of any interest on such account. Funds in prepayment accounts shall be refundable upon the order of the person or persons authorized to transfer money from such an account."; and

Further amend said bill, Page 31, Section 1, Line 14 of said page, by deleting "Section 1." and inserting in lieu thereof the following: "Section 30."; and

Further amend said bill, Page 33, Section 2, Line 1 of said page, by deleting "Section 2." and inserting in lieu thereof the following: "Section 31.".

In which the concurrence of the Senate is respectfully requested.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which was referred HS for HCS for HBs 1405, 1109 and 1335, with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

On motion of Senator Quick, the Senate recessed until 7:30 p.m.

RECESS

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

RESOLUTIONS

Senator Staples offered Senate Resolution No. 1928, regarding Holly Laura Brown, Eminence, which was adopted.

Senator Staples offered Senate Resolution No. 1929, regarding Holly Morgan, Eminence, which was adopted.

Senator Staples offered Senate Resolution No. 1930, regarding Mark Frazier, Eminence, which was adopted.

Senator Kenney offered Senate Resolution No. 1931, regarding the Independence Police Department, the Independence Fraternal Order of Police and the Fraternal Order of Police Auxiliary, which was adopted.

Senator Kenney offered Senate Resolution No. 1932, regarding John M. Carmichael, Blue Springs, which was adopted.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SS for SCS for HS for HB 1694, as amended: Representatives: Farnen, Gaw, Harlan, Champion and Summers.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 936, entitled:

An Act to repeal sections 144.034, 144.080 and 144.655, RSMo 1994, and sections 67.1300, 144.010, 144.014 and 144.030, RSMo Supp. 1997, relating to sales and use taxation, and to enact in lieu thereof eight new sections relating to the same subject.

With House Amendments Nos. 1, 2, 3, House Substitute Amendment No. 1 for House Amendment No. 4, House Amendments Nos. 5, 6, 7, 8, 9, 10, House Substitute Amendment No. 1 for House Amendment No. 11, House Amendments Nos. 12, 13, 14, 15, 16, 17, 18, 19 and 21.

HOUSE AMENDMENT NO. 1

Amend House Committee Substitute for Senate Bill No. 936, Page 7, Section 144.010, Line 91 by inserting a comma "," after the word "property"; and

Further amend said bill, Page 8, Section 144.014, Line 13 by deleting the word "fifty" and inserting in lieu thereof the word "eighty"; and

Further amend said substitute, Page 9, Section 144.030, Line 34 by inserting after the word "steel" the words "or glass"; and

Further amend said substitute, Page 12, Section 144.030, Line 115 by inserting after the word "by" the words "or on behalf of".

HOUSE AMENDMENT NO. 2

Amend House Committee Substitute for Senate Bill No. 936, Page 16, Section 144.030, Line 280, by deleting the period at the end of said line and replacing it with a semicolon, and by inserting at the end of said line the following:

"(42) Drainage pipe and tile to be used on agricultural land for purposes of soil and water conservation.".

HOUSE AMENDMENT NO. 3

Amend House Committee Substitute for Senate Bill No. 936, Page 16, Section 144.030, Line 280, by inserting after said line the following:

"(42) All sales of textbooks, as defined by section 170.051, RSMo, when such textbook is purchased for use by a student who possesses proof of current enrollment at any public or private university, college or other postsecondary institution of higher learning offering a course of study leading to a degree in the liberal arts, humanities or sciences or in a professional, vocational or technical field.".

HOUSE SUBSTITUTE AMENDMENT NO. 1

FOR HOUSE AMENDMENT NO. 4

Amend House Committee Substitute for Senate Bill No. 936, Page 16, Section 144.030, Line 280, by deleting the period "." at the end of said line and inserting in lieu thereof the following: ";

(42) All sales of machinery, equipment and other tangible personal property required to conduct games of bowling in bowling alleys where sales tax is collected on the gross receipts of such games.".

HOUSE AMENDMENT NO. 5

Amend House Committee Substitute for Senate Bill No. 936, Page 1, In the title, Line 2, by inserting after the words "repeal sections" the figure "144.025,"; and

Further amend said bill, Page 1, In the title, Line 4, by deleting the word "eight" and inserting in lieu thereof the word "nine"; and

Further amend said bill, Page 1, Section A, Line 1, by inserting immediately before the figure "144.034," the figure "144.025,"; and

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

Further amend said bill, Page 1, Section A, Line 3, by inserting after the figure "144.014," the figure "144.025,"; and

Further amend said bill, Page 8, Section 144.014, Line 33, by inserting after all of said line the following:

"144.025. 1. Notwithstanding any other provisions of law to the contrary, in any retail sale other than retail sales governed by subsection [3] 4 of this section, where any article on which sales or use tax due, if any, was paid, credited, satisfied or waived is taken in trade as a credit or part payment on the purchase price of the article being sold, the tax imposed by sections 144.020 and 144.440 shall be computed only on that portion of the purchase price which exceeds the actual allowance made for the article traded in or exchanged, if there is a bill of sale or other record showing the actual allowance made for the article traded in or exchanged. Where the purchaser of a motor vehicle, trailer, boat or outboard motor receives a rebate from the seller or manufacturer, the tax imposed by sections 144.020 and 144.440 shall be computed only on that portion of the purchase price which exceeds the amount of the rebate, if there is a bill of sale or other record showing the actual rebate given by the seller or manufacturer. Where the trade-in or exchange allowance plus any applicable rebate exceeds the purchase price of the purchased article there shall be no sales or use tax owed. This section shall also apply to motor vehicles, trailers, boats, and outboard motors sold by the owner or holder of a properly assigned certificate of ownership if the seller purchases or contracts to purchase a [replacement] subsequent motor vehicle, trailer, boat, or outboard motor within ninety days before or after the date of the sale of the original article and a notarized bill of sale showing the paid sale price is presented to the department of revenue at the time of licensing. A copy of the bill of sale shall be left with the licensing office. Where the [new replacement] subsequent motor vehicle, trailer, boat, or outboard motor is titled more than ninety days after the sale of the original motor vehicle, trailer, boat, or outboard motor, the allowance pursuant to this section shall be made if the person titling such article establishes that the purchase or contract to purchase was finalized prior to the expiration of the ninety-day period.

2. As used in this section, the term "boat" includes all motorboats and vessels, as the terms "motorboat" and "vessel" are defined in section 306.010, RSMo.

3.  As used in this section, the term "motor vehicle" includes motor vehicles as defined in section 301.010, RSMo, recreational vehicles as defined in section 700.010, RSMo, or a combination of a truck as defined in section 301.010, RSMo, and a trailer as defined in section 301.010, RSMo.

[3.] 4. The provisions of subsection 1 of this section shall not apply to retail sales of manufactured homes in which the purchaser receives a document known as the "Manufacturer's Statement of Origin" for purposes of obtaining a title to the manufactured home from the department of revenue of this state or from the appropriate agency or officer of any other state.".

HOUSE AMENDMENT NO. 6

Amend House Committee Substitute for Senate Bill No. 936, Page 1, In the Title, Line 2, by deleting the word and number "and 144.655" and inserting in lieu thereof the following: ", 144.655 and 260.285"; and

Further amend said bill, Page 1, In the Title, Line 4, by deleting the word "eight" and inserting in lieu thereof the word "nine"; and

Further amend said bill, Page 1, Section A, Line 1, by deleting the word and number "and 144.655" and inserting in lieu thereof the following: ", 144.655 and 260.285"; and

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

Further amend said bill, Page 1, Section A, Line 4, by inserting after the number "144.655" the following: ", 260.285"; and

Further amend said bill, Page 19, Section 144.655, Line 48, by inserting after all of said line the following:

"260.285. 1. Any manufacturer engaged in this state in production of a meat or poultry food product intended for human consumption that is recycling flexible cellulose casing manufactured from cotton linters used and consumed directly in the production of such food product shall be eligible for a credit as defined in subsection 2 of this section.

2. The credit authorized in subsection 1 shall be equal to the amount of state sales or use taxes paid by a manufacturer to a retailer on such packaging material which is subsequently recycled by either the manufacturer or other person or entity to which the manufacturer conveys such packaging materials, less any consideration received by the manufacturer for such conveyance.

3. A manufacturer shall claim the refund in the month following the month in which the material has been recycled or conveyed for recycling. When claiming a credit [under] pursuant to this section, a manufacturer shall provide a detailed accounting of the amount of packaging material recycled, amount of sales or use tax paid on such material, an affidavit attesting that the manufacturer is eligible [under] pursuant to the provisions of this section for the credit being claimed and any other documentation determined necessary by the director of the department of revenue. The director shall refund any valid credit claims within sixty days of receipt. If the director determines that a fraudulent claim for the credit has been filed, the director may assess a penalty in an amount not to exceed twice the amount of fraudulent credits claimed.

4. Payment of credits authorized by this section shall not alter the liability of a retailer regarding sales tax on such material. Credits authorized by this section shall be paid from funds appropriated for the refund of taxes.

5. This section shall become effective October 1, 1991. [This section shall expire October 1, 2001.]".

HOUSE AMENDMENT NO. 7

Amend House Committee Substitute for Senate Bill No. 936, Page 19, Section 1, Line 14, by inserting after said line the following:

"Section 2. Notwithstanding other provisions of law to the contrary, beginning on September 1, 1998, and terminating on August 31, 1999, there shall be no tax levied and imposed pursuant to sections 144.010 to 144.525, RSMo, or sections 144.600 to 144.746, RSMo, and there shall be no computation of the tax levied, assessed or payable pursuant to sections 144.010 to 144.525, RSMo, or sections 144.600 to 144.746, RSMo, on purchases of all clothing, including footwear but excluding jewelry, which is intended to be worn on a person if any such article of clothing purchased has a retail value of less than five hundred dollars. Clothing includes cloth or material made of natural or synthetic fibers which is worn on a person as clothing. The provisions of this section shall not apply to the local sales tax law, as defined in section 32.085, RSMo, or to section 67.665 to 67.667, RSMo, sections 67.671 to 67.685, RSMo, sections 67.1000 to 67.1012, RSMo, sections 92.325 to 92.340, RSMo, section 94.660, RSMo, sections 94.800 to 94.825, RSMo, section 94.830, RSMo, sections 94.850 to 94.857, RSMo, sections 94.870 to 94.881, RSMo, section 94.890, RSMo, sections 190.335 to 190.337, RSMo, section 238.235, RSMo, section 238.410, RSMo, section 321.242, RSMo, section 573.505, RSMo, or section 644.032, RSMo, or to the computation of the tax levied, assessed or payable pursuant to such sections."; and

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

HOUSE AMENDMENT NO. 8

Amend House Committee Substitute for Senate Bill No. 936, Page 2, Section 67.1300, Line 38, by deleting the words "sixteen thousand" and inserting in lieu thereof the words "fifteen thousand nine hundred".

HOUSE AMENDMENT NO. 9

Amend House Committee Substitute for Senate Bill No. 936, Page 12, Section 144.030, Line 114, by inserting after the word "oxygen," the following: "home respiratory equipment and accessories, hospital beds and accessories and ambulatory aides,".

HOUSE AMENDMENT NO. 10

Amend House Committee Substitute for Senate Bill No. 936, Page 16, Section 144.030, Line 280, by inserting after said line the following:

"(42) Newspapers produced for and sold to an entity which distributes such newspapers to the general public at no charge.".

HOUSE SUBSTITUTE AMENDMENT NO. 1

FOR HOUSE AMENDMENT NO. 11

Amend House Committee Substitute for Senate Bill No. 936, Page 8, Line 33, by inserting immediately after said line the following:

"144.025. 1. Notwithstanding any other provisions of law to the contrary, in any retail sale other than retail sales governed by subsection 3 of this section, where any article is taken in trade as a credit or part payment on the purchase price of the article being sold, the tax imposed by sections 144.020 and 144.440 shall be computed only on that portion of the purchase price which exceeds the actual allowance made for the article traded in or exchanged, if there is a bill of sale or other record showing the actual allowance made for the article traded in or exchanged. Where the purchaser of a motor vehicle, trailer, boat or outboard motor receives a rebate from the seller or manufacturer, the tax imposed by sections 144.020 and 144.440 shall be computed only on that portion of the purchase price which exceeds the amount of the rebate, if there is a bill of sale or other record showing the actual rebate given by the seller or manufacturer. Where the trade-in or exchange allowance plus any applicable rebate exceeds the purchase price of the purchased article there shall be no sales or use tax owed. This section shall also apply to motor vehicles, trailers, boats, and outboard motors sold by the owner if the seller purchases or contracts to purchase a replacement motor vehicle, trailer, boat, or outboard motor within [ninety] one hundred eighty days before or after the date of the sale of the original article and a notarized bill of sale showing the paid sale price is presented to the department of revenue at the time of licensing. A copy of the bill of sale shall be left with the licensing office. Where the new replacement motor vehicle, trailer, boat, or outboard motor is titled more than [ninety] one hundred eighty days after the sale of the original motor vehicle, trailer, boat, or outboard motor, the allowance pursuant to this section shall be made if the person titling such article establishes that the purchase or contract to purchase was finalized prior to the expiration of the [ninety-day] one hundred eighty-day period.

2. As used in this section, the term "boat" includes all motorboats and vessels, as the terms "motorboat" and "vessel" are defined in section 306.010, RSMo.

3. As used in this section, the term "motor vehicle" includes motor vehicles as defined in section 301.010, RSMo, recreational vehicles as defined in section 700.010, RSMo, or a combination of a truck as defined in section 301.010, RSMo, and a trailer as defined in section 301.010, RSMo.

4. The provisions of subsection 1 of this section shall not apply to retail sales of manufactured homes in which the purchaser receives a document known as the "Manufacturer's Statement of Origin" for purposes of obtaining a title to the manufactured home from the department of revenue of this state or from the appropriate agency or officer of any other state."; and

144.027. 1. When a motor vehicle, trailer, boat or outboard motor for which all sales or use tax has been paid is replaced due to theft or a casualty loss in excess of the value of the unit, the director shall permit the amount of the insurance proceeds plus any owner's deductible obligation, as certified by the insurance company, to be a credit against the purchase price of another motor vehicle, trailer, boat or outboard motor which is purchased or is contracted to purchase within [ninety] one hundred eighty days of the date of payment by the insurance company as a replacement motor vehicle, trailer, boat or outboard motor. As used in this section, the term "boat" includes all motorboats and vessels, as the terms "motorboat" and "vessel" are defined in section 306.010, RSMo.

2. If the owner of a motor vehicle, trailer, boat or outboard motor as described in subsection 1 of this section does not have insurance coverage for the motor vehicle, trailer, boat or outboard motor, the director shall permit the fair market value of the motor vehicle, trailer, boat or outboard motor as determined by the Kelly Blue Book, NADA Used Car Guide, Abos Blue Book or the average of two appraisals from licensed motor vehicle or boat dealers to be a credit against the purchase price of a replacement motor vehicle, trailer, boat or outboard motor which is purchased or is contracted to purchase within [ninety] one hundred eighty days of the date of such loss as certified by a law enforcement agency or such other evidence as the director may require as proof of the date of loss of the motor vehicle, trailer, boat or outboard motor.

And amend the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 12

Amend House Committee Substitute for Senate Bill No. 936, Page 1, In the Title, Line 3, by deleting the word and number "and 144.030"; and

Further amend said bill, Page 1, In the Title, Line 4, by deleting the word "eight" and inserting in lieu thereof the word "nine"; and

Further amend said bill, Page 1, Section A, Line 2, by deleting all of said line and inserting in lieu thereof the following: "144.010, 144.015, 144.030 and 321.242, RSMo Supp. 1997, are repealed and nine new sections enacted"; and

Further amend said bill, Page 1, Section A, Line 4, by inserting after the number "144.655" the following: ", 321.242"; and

Further amend said bill, page 19, Section 144.655, Line 48, by inserting after all of said line the following:

"321.242. 1. The governing body of any fire protection district [which operates within and has boundaries identical to a city with a population of at least thirty thousand but not more than thirty-five thousand inhabitants which is located in a county of the first classification, excluding a county of the first classification having a population in excess of nine hundred thousand,] or the governing body of any municipality having a municipal fire department may impose a sales tax in an amount of up to one-fourth of one percent on all retail sales made in such fire protection district or municipality which are subject to taxation [under] pursuant to the provisions of sections 144.010 to 144.525, RSMo. The tax authorized by this section shall be in addition to any and all other sales taxes allowed by law, except that no sales tax imposed [under] pursuant to the provisions of this section shall be effective unless the governing body of the fire protection district or municipality submits to the voters of [the] such fire protection district or municipality, at a county or state general, primary or special election, a proposal to authorize the governing body of the fire protection district or municipality to impose a tax.

2. The ballot of submission shall contain, but need not be limited to, the following language:

Shall [the fire protection district of] .................. [(district's name)] (insert name of district or municipality) impose a [district-wide] sales tax of ............. (insert rate of tax) for the purpose of providing revenues for the operation of the ............... (insert fire protection district or municipal fire department)?

[ ] Yes [ ] No

If a majority of the votes cast on the proposal by the qualified voters voting thereon are in favor of the proposal, then the sales tax authorized in this section shall be in effect. If a majority of the votes cast by the qualified voters voting are opposed to the proposal, then the governing body of the fire protection district or municipality shall not impose the sales tax authorized in this section unless and until the governing body of [the] such fire protection district or municipality resubmits a proposal to authorize the governing body of the fire protection district or municipality to impose the sales tax authorized by this section and such proposal is approved by a majority of the qualified voters voting thereon.

3. All revenue received by a fire protection district or municipality from the tax authorized [under] pursuant to the provisions of this section shall be deposited in a special trust fund and shall be used solely for the operation of the fire protection district or the municipal fire department.

4. All sales taxes collected by the director of revenue [under] pursuant to this section on behalf of any fire protection district or municipality, less one percent for cost of collection which shall be deposited in the state's general revenue fund after payment of premiums for surety bonds as provided in section 32.087, RSMo, shall be deposited in a special trust fund, which is hereby created, to be known as the "Fire Protection [District] Sales Tax Trust Fund". Any moneys in the fire protection district sales tax trust fund created prior to the effective date of this section shall be transferred to the fire protection sales tax trust fund. The moneys in the fire protection [district] sales tax trust fund shall not be deemed to be state funds and shall not be commingled with any funds of the state. The director of revenue shall keep accurate records of the amount of money in the trust fund and [which was] of the amounts which were collected in each fire protection district or municipality imposing a sales tax [under] pursuant to this section, and the records shall be open to the inspection of officers of the fire protection district or municipality and the public. Not later than the tenth day of each month, the director of revenue shall distribute all moneys deposited in the trust fund during the preceding month to the fire protection district or municipality which levied the tax. Such funds shall be deposited with the treasurer of each such fire protection district or municipality, and all expenditures of funds arising from the fire protection [district] sales tax trust fund shall be for the operation of the fire protection district or the municipal fire department and for no other purpose.

5. The director of revenue may authorize the state treasurer to make refunds from the amounts in the trust fund and credited to any fire protection district or municipality for erroneous payments and overpayments made and may redeem dishonored checks and drafts deposited to the credit of such fire protection districts or municipalities. If any fire protection district or municipality abolishes the tax, the fire protection district or municipality shall notify the director of revenue of the action at least ninety days prior to the effective date of the repeal and the director of revenue may order retention in the trust fund, for a period of one year, of two percent of the amount collected after receipt of such notice to cover possible refunds or overpayment of the tax and to redeem dishonored checks and drafts deposited to the credit of such accounts. After one year has elapsed after the effective date of abolition of the tax in such fire protection district or municipality, the director of revenue shall remit the balance in the account to the fire protection district or municipality and close the account of that fire protection district or municipality. The director of revenue shall notify each fire protection district or municipality of each instance of any amount refunded or any check redeemed from receipts due the fire protection district or municipality. In the event a tax within a fire protection district is approved [under] pursuant to this section, and such fire protection district is dissolved, since the boundaries of the fire protection district are identical to that of the city, the tax shall continue and proceeds shall be distributed to the governing body of the city formerly containing the fire protection district and the proceeds of the tax shall be used for fire protection services within such city.

6. Except as modified in this section, all provisions of sections 32.085 and 32.087, RSMo, shall apply to the tax imposed [under] pursuant to this section.".

HOUSE AMENDMENT NO. 13

Amend House Committee Substitute for Senate Bill No. 936, Page 16, Section 144.030, Line 280, by deleting the period "." at the end of said line and inserting in lieu thereof the following: ";

(42) All sales of computers and computer-related equipment purchased for use by businesses who transport new class 6, 7 and 8 commercial vehicles.".

HOUSE AMENDMENT NO. 14

Amend House Committee Substitute for Senate Bill No. 936, Page 15, Section 144.030, Lines 241 and 242, by inserting after the word "mandate" the following: "."; and

Further amend said bill, Page 15, Section 144.030, Line 242, by deleting the following "or technological change".

HOUSE AMENDMENT NO. 15

Amend House Committee Substitute for Senate Bill No. 936, Page 15, Section 144.030.2.(33), Line 227, by inserting immediately after the word "crops," the following: "aquiculture,".

HOUSE AMENDMENT NO. 16

Amend House Committee Substitute for Senate Bill No. 936, Page 16, Section 144.030, Line 255, by inserting after said line the following:

"(39) All sales of coffins, caskets, burial cases and burial vaults;"; and renumbering all the following sections".

HOUSE AMENDMENT NO. 17

Amend House Committee Substitute for Senate Bill No. 936, Page 12, Section 144.030, Line 119, by inserting after the word disabilities; other durable medical equipment (DME) that is purchased as a result of a physicians order.

HOUSE AMENDMENT NO. 18

Amend House Committee Substitute for Senate Bill No. 936, Page 12, Section 144.030, Line 119, by inserting after the word "disabilities" the words "or over-the-counter or non-prescription drugs".

HOUSE AMENDMENT NO. 19

Amend House Committee Substitute for Senate Bill No. 936, Page 19, Section 1, Line 14, by inserting after all of said line the following:

"Section 2. In addition to the exemptions granted under the provisions of section 144.030, there shall also be specifically exempted from the provisions of the local sales tax law as defined in section 32.085, RSMo, section 238.235, RSMo, and sections 144.010 to 144.525 and 144.600 to 144.745, and from the computation of the tax levied, assessed or payable under the local sales tax law as defined in section 32.085, RSMo, section 238.235, RSMo, and sections 144.010 to 144.525 and 144.600 to 144.745, purchases of any item of tangible personal property which is, within one year of such purchase, donated without charge to the state of Missouri. The exemption prescribed in this section includes purchases of all items of tangible personal property converted into an item donated as a gift to the state of Missouri."; and

Further amend the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 21

Amend House Committee Substitute for Senate Bill No. 936, Page 13, Section 144.014, Line 152, by inserting after the word "tractors" the following: ", mechanized post hole diggers,".

In which the concurrence of the Senate is respectfully requested.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SS for SCS for HS for HB 1694, as amended: Senators Maxwell, Caskey, McKenna, Flotron and Westfall.

CONFERENCE COMMITTEE REPORTS

Senator Caskey, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SS for SB 910, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 910

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Substitute for Senate Bill No. 910; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Committee Substitute for Senate Substitute for Senate Bill No. 910;

2. That the Senate recede from its position on Senate Substitute for Senate Bill No. 910;

3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 910 be truly agreed to and finally passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Harold Caskey /s/ Pat Dougherty
/s/ Bill McKenna /s/ Marsha Campbell
/s/ John E. Scott /s/ Ralph Monaco
/s/ Morris Westfall /s/ Luann Ridgeway
/s/ Anita Yeckel /s/ Michael R. Gibbons


Senator Mathewson assumed the Chair.

Senator Caskey moved that the above conference committee report 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 Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Schneider Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senator Russell--1
Absent--Senator Lybyer--1
Absent with leave--Senators--None

On motion of Senator Caskey, CCS for HCS for SS for SB 910, entitled:

CONFERENCE COMMITTEE SUBSTITUTE

FOR HOUSE COMMITTEE SUBSTITUTE

FOR SENATE SUBSTITUTE FOR

SENATE BILL NO. 910

An Act to repeal sections 104.540, 210.826, 210.830, 435.405, 452.150, 452.300, 452.310, 452.355, 452.360, 452.376, 452.377, 452.405, 452.411, 452.416, 452.600, 452.605 and 454.432, RSMo 1994, and sections 193.215, 210.822, 287.820, 452.305, 452.315, 452.330, 452.340, 452.370, 452.375, 452.400, 452.423, 452.490, 454.390, 454.408, 454.413, 454.440, 454.455, 454.460, 454.490, 454.505, 476.688 and 487.030, RSMo Supp. 1997, relating to child custody and child support proceedings, and to enact in lieu thereof fifty-five new sections relating to the same subject, with penalty provisions.

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 Caskey, title to the bill was agreed to.

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

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

Senator Goode, on behalf of the conference committee appointed to act with a like committee from the House on HS for HCS for SB 487, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 487

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Substitute for House Committee Substitute for Senate Bill No. 487, with House Amendment No. 1, House Amendment No. 2, House Amendment No. 3, House Amendment No. 4, House Amendment No. 5, House Amendment No. 6, House Amendment No. 7, House Amendment No. 8, House Amendment No. 9 and House Amendment No. 10; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Substitute for House Committee Substitute for Senate Bill No. 487, as amended;

2. That the Senate recede from its position on Senate Bill No. 487;

3. That the attached Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Bill No. 487 be adopted;

4. That the Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Bill No. 487 be truly agreed to and finally passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Wayne Goode /s/ Ron Auer
/s/ William Clay /s/ Charlie Fritts
/s/ Jim Mathewson /s/ Patrick J. O'Connor
/s/ Doyle Childers /s/ Ken Legan
/s/ Morris Westfall /s/ Gary Burton


Senator Goode moved that the above conference committee report be adopted, which motion prevailed by the following vote:

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

On motion of Senator Goode, CCS for HS for HCS for SB 487, entitled:

CONFERENCE COMMITTEE REPORT ON

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 487

An Act to repeal sections 144.025 and 301.640, RSMo 1994, and sections 301.344, 304.155, 304.156, 304.157 and 304.158, RSMo Supp. 1997, relating to the removal of abandoned property, and to enact in lieu thereof nine new sections relating to the same subject.

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 Mathewson Maxwell Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Westfall
Wiggins--25
NAYS--Senators
Flotron Graves Kenney Klarich
Lybyer Staples--6
Absent--Senators
Kinder McKenna Yeckel--3
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

Senator Maxwell moved that the Senate refuse to concur in HS for SB 743 and request the House to recede from its position or failing to do so, grant the Senate a conference thereon, and further that the Senate conferees be allowed to exceed the differences, which motion prevailed.

HOUSE BILLS ON THIRD READING

Senator Schneider moved that HB 1668, with SCS (pending), be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

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

Senators Schneider, Childers, Bentley and Singleton offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Bill No. 1668, Page 2, Section 190.375, Lines 23-24, by striking from said lines the words "first responder"; and further amend said page and section, line 24, by striking the word "lay"; and

Further amend said page and section, line 25, by inserting immediately after the word "person" the following: "properly qualified who follows medical protocol for use of the device"; and

Further amend said page and section, lines 42-43, by striking the words "direction and prescribe" and inserting in lieu thereof the words "protocol for".

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

Senator Schneider moved that SCS for HB 1668, as amended, be adopted, which motion prevailed.

On motion of Senator Schneider, SCS for HB 1668, 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 declared the bill passed.

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

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

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

HS for HCS for HBs 1405, 1109 and 1335, with SCS, entitled:

An Act to repeal sections 566.617, 589.400, 589.407, 589.410, 589.414, 589.417 and 589.425, RSMo Supp. 1997, and to enact in lieu thereof nineteen new sections relating to the civil commitment of sexual predators, with penalty provisions and an effective date.

Was taken up by Senator Maxwell.

SCS for HS for HCS for HBs 1405, 1109 and 1335, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1405, 1109 and 1335

An Act to repeal sections 566.617, 589.400, 589.407, 589.410, 589.414, 589.417 and 589.425, RSMo Supp. 1997, and to enact in lieu thereof nineteen new sections relating to the civil commitment of sexual predators, with penalty provisions and an effective date.

Was taken up.

Senator Maxwell moved that SCS for HS for HCS for HBs 1405, 1109 and 1335 be adopted.

Senator Maxwell offered SS for SCS for HS for HCS for HBs 1405, 1109 and 1335, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1405, 1109 and 1335



An Act to repeal sections 566.617, 589.400, 589.407, 589.410, 589.414, 589.417 and 589.425, RSMo Supp. 1997, and to enact in lieu thereof eighteen new sections relating to the registration and civil commitment of certain persons, with penalty provisions and an effective date.

Was taken up.

Senator Maxwell moved that SS for SCS for HS for HCS for HBs 1405, 1109 and 1335 be adopted.

Senator Schneider offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1405, 1109 and 1335, Page 14, Section 6, Lines 21 and 22, by deleting the following: "at a facility operated".

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

At the request of Senator Maxwell, HS for HCS for HBs 1405, 1109 and 1335, with SCS and SS for SCS, as amended (pending), was placed on the Informal Calendar.

CONFERENCE COMMITTEE REPORTS

Senator House, on behalf of the conference committee appointed to act with a like committee from the House on HS for HCS for SS for SCS for SB 781, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 781

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 781 with House Amendment No. 1, House Amendment No. 2, House Amendment No. 3, House Amendment No. 4, House Substitute Amendment No. 1 for House Amendment No. 5, House Amendment No. 6, House Amendment No. 7, House Substitute Amendment No. 1 for House Amendment No. 8, House Amendment No. 9, House Amendment No. 10, House Amendment No. 12, House Amendment No. 13, House Amendment No. 14, House Amendment No. 15, House Amendment No. 16, House Amendment No. 17, House Amendment No. 18, House Amendment No. 20, House Amendment No. 22, House Substitute Amendment No. 1 for House Amendment No. 23, House Amendment No. 25, House Amendment No. 26, House Substitute Amendment No. 1 for House Amendment No. 27, House Amendment No. 29, House Amendment No. 30 and House Amendment No. 36; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That House recede from its position on House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 781, as amended;

2. That the Senate recede from its position on Senate Substitute for Senate Committee Substitute for Senate Bill No. 781; and

3. That the Conference Substitute for House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 781 be truly agreed to and finally passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Ted House /s/ Stephen Stoll
/s/ Harold Caskey /s/ Steve McLuckie
/s/ William Clay /s/ Charles Q. Troupe
/s/ Steve Ehlmann /s/ Charlie Shields
/s/ Franc Flotron /s/ Delbert Scott


President Pro Tem McKenna assumed the Chair.

Senator House moved that the above conference committee report be adopted.

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

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which was referred HCS for HB 1510, begs leave to report that it has considered the same and recommends that the bill do pass.

HOUSE BILLS ON THIRD READING

HCS for HB 1510, entitled:

An Act to repeal sections 50.500, 447.503, 447.505, 447.506, 447.510, 447.517, 447.520, 447.527, 447.530, 447.532, 447.533, 447.535, 447.539, 447.540, 447.541, 447.543, 447.545, 447.558, 447.559, 447.560, 447.565, 447.571, 447.572 and 447.577, RSMo 1994, relating to the disposition of unclaimed property, and to enact in lieu thereof twenty-four new sections relating to the same subject.

Was taken up by Senator Goode.

Senator Goode offered SA 1:

SENATE AMENDMENT NO. 1

Amend House Committee Substitute for House Bill No. 1510, Page 3, Section 447.503, Line 40, by inserting after the period "." the following: "The holder may treat notices regarding the unclaimed property as satisfying the "reasonable and necessary standard" for contacting owners."; and

Further amend said bill, Page 11, Section 447.539, Line 75, by striking the words "based on the reasonable application of the techniques to the contested issues".

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

On motion of Senator Goode, HCS for HB 1510, 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
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Westfall Wiggins--30
NAYS--Senator Mueller--1
Absent--Senators
Clay Curls Yeckel--3
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

Having voted on the prevailing side, Senator Caskey moved that the vote by which SCS for HB 1880 failed on 3rd reading and final passage be reconsidered, which motion prevailed by the following vote:

YEAS--Senators
Bentley Caskey Childers Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Quick Schneider Scott Wiggins
Yeckel--25
NAYS--Senators
Banks Kenney Rohrbach Russell
Sims Singleton Westfall--7
Absent--Senators
Clay Staples--2
Absent with leave--Senators--None

At the request of Senator Schneider, the motion for 3rd reading and final passage was withdrawn, placing the bill back on the Consent 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 House has taken up and passed HS for HCS for SB 619, as amended, entitled:

An Act to repeal sections 142.009, 142.010, 142.020, 142.025, 142.030, 142.040, 142.050, 142.060, 142.070, 142.080, 142.090, 142.100, 142.110, 142.120, 142.130, 142.140, 142.150, 142.160, 142.165, 142.166, 142.167, 142.170, 142.180, 142.190, 142.200, 142.210, 142.220, 142.230, 142.240, 142.250, 142.260, 142.270, 142.280, 142.290, 142.295, 142.300, 142.330, 142.340, 142.350, 142.362, 142.364, 142.366, 142.372, 142.374, 142.403, 142.404, 142.406, 142.412, 142.422, 142.432, 142.442, 142.452, 142.462, 142.466, 142.472, 142.482, 142.492, 142.511, 142.513, 142.515, 142.517, 142.521, 142.531, 142.541, 142.551, 142.561, 142.563, 142.571, 142.573, 142.575, 142.577, 142.579, 142.583, 142.584, 142.591, 142.611, 142.617, 142.621, 155.080, 414.102, 414.400, 414.403, 414.410, 414.412 and 414.415, RSMo 1994, and section 319.132, RSMo Supp. 1997, relating to motor fuel, and to enact in lieu thereof sixty-four new sections relating to the same subject, with penalty provisions and an effective date.

With House Substitute Amendment No. 1 for House Amendment No. 1, House Substitute Amendment No. 1 for House Amendment No. 2; House Amendments Nos. 3, 4, 5 and 6.

HOUSE SUBSTITUTE AMENDMENT NO. 1

FOR HOUSE AMENDMENT NO. 1

Amend House Substitute for House Committee Substitute for Senate Bill No. 619, Page 1, In the Title, Line 19 of said page, by deleting the word and number "and 414.415" and inserting in lieu thereof the following: ", 414.415 and 643.310"; and

Further amend said bill, Page 1, In the Title, Line 21 of said page, by deleting the word "sixty-four" and inserting in lieu thereof the word "sixty-five"; and

Further amend said bill, Page 2, Section A, Line 12 of said page, by deleting the word and number "and 414.415" and inserting in lieu thereof the following: ", 414.415 and 643.310"; and

Further amend said bill, Page 2, Section A, Line 13 of said page, by deleting the word "sixty-four" and inserting in lieu thereof the word "sixty-five"; and

Further amend said bill, Page 3, Section A, Line 1 of said page, by deleting the word "and"; and

Further amend said bill, Page 3, Section A, Line 2 of said page, by deleting the number "414.415" and inserting in lieu thereof the following: ", 414.415 and 643.310"; and

Further amend said bill, Page 126, Section 414.415, Line 21 of said page, by inserting after all of said line the following:

"643.310. 1. The commission may, by rule, establish a motor vehicle emissions inspection program under sections 643.300 to 643.355 for any portion of a nonattainment area located within the area described in subsection 1 of section 643.305, except for any portion of the nonattainment area which is located in a county of the first classification without a charter form of government with a population of less than one hundred thousand inhabitants according to the most recent decennial census, if the commission determines that such motor vehicle emissions inspection program is necessary in that area to comply with the requirements of subsection 1 of section 643.305[, except that no motor vehicle emission inspection program shall be established under this section in any area for which the sale or dispensing of conventional gasoline for use in motor vehicles is prohibited under the federal Clean Air Act, as amended, 42 U.S.C. 7545]. The commission shall ensure that, for each nonattainment area, the state implementation plan established under subsection 1 of section 643.305 incorporates and receives all applicable credits allowed by the United States Environmental Protection Agency for emission reduction programs in other nonattainment areas of like designation in other states. The commission shall ensure that emission reduction amounts established under subsection 2 of section 643.305 shall be consistent with and not exceed the emissions reduction amounts required by the United States Environmental Protection Agency for other nonattainment areas of like designation in other states. No motor vehicle emissions inspection program shall be required to comply with subsection 1 of section 643.305 unless the plan established thereunder takes full advantage of any changes in requirements or any agreements made or entered into by the United States Environmental Protection Agency and any entity or entities on behalf of a nonattainment area concerning compliance with National Ambient Air Quality Standards of the federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq., and the regulations promulgated thereunder. The air conservation commission shall request and it shall be the duty of the attorney general to bring, in a court of competent jurisdiction, an action challenging the authority of the United States Environmental Protection Agency to impose sanctions for failure to attain National Ambient Air Quality Standards and failure to provide for required emission reductions under the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq. The action shall seek to define the required emission reductions and the credits allowed for current and planned emission reductions measures. The air conservation commission shall request and it shall be the duty of the attorney general to bring an action to obtain injunctive relief to enjoin and restrain the imposition of sanctions on the state of Missouri under the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq., until all actions initiated under this section have been decided. Provisions of section 307.366, RSMo, to the contrary notwithstanding, the requirements of sections 643.300 to 643.355 shall apply to those areas designated by the commission under this section in lieu of the provisions of section 307.366, RSMo.

2. The department shall contract with one or more persons to provide any motor vehicle emissions inspection program established under sections 643.300 to 643.355.

3. The department may purchase the motor vehicle emissions inspection facilities pursuant to appropriations specifically provided for that purpose. The department may lease, sublease or license the facilities to the contractor or contractors for the purpose of fulfilling the obligations of the contract for the motor vehicle emissions inspection program.

4. The inspection program shall satisfy the following criteria:

(1) There shall be an adequate number of stations to ensure that no more than twenty percent of all persons residing in an affected nonattainment area reside farther than five miles from the nearest inspection station, and consideration shall be given to employment, locations and commuting patterns when selecting the locations of the stations;

(2) There shall be an adequate number of inspection lanes at each facility so that no more than five percent of all persons having an inspection are required to wait more than fifteen minutes before the inspection begins;

(3) The days and daily hours of operation shall include at least those hours specified by the department, which shall include, at a minimum, twelve continuous hours of operation on all weekdays excepting federal holidays, and six continuous hours of operation on all Saturdays excepting federal holidays;

(4) The emissions inspection program shall include a simulated on-road emissions inspection component, including pressure and purge tests, which satisfies the requirements established by regulation of the United States Environmental Protection Agency and may include a visual inspection component;

(5) The inspection stations shall be test-only stations and shall not offer motor vehicle emissions repairs, parts or services of any kind;

(6) No person operating or employed by an emissions inspection station shall repair or maintain motor vehicle emission systems or pollution control devices for compensation of any kind.

5. The commission, the department of economic development and the office of administration shall, in cooperation with the minority business advocacy commission, select the contractor or contractors to provide an inspection program which satisfies the minimum requirements of this section in accordance with the requirements of section 33.752, RSMo, and chapter 34, RSMo. The commission, the office of administration and the department of economic development, in cooperation with the minority business advocacy commission shall ensure adequate minority business participation in the selection of the contractor or contractors to provide an inspection program under this section. The commission, the office of administration and the department of economic development shall ensure adequate participation of Missouri businesses in the selection of the contractor or contractors to provide an inspection program under this section.

6. With approval of the commission and under rules adopted by the commission, an organization whose members are motor vehicle dealers or leasing companies may establish one or more additional emissions inspection facilities, which may be either mobile or stationary, to be used solely to inspect motor vehicles owned and held for sale or lease by the members of the organization. With approval of the commission and under rules adopted by the commission, any person operating a fleet of five hundred or more motor vehicles may establish one or more additional emissions inspection facilities, which may be either mobile or stationary, to be used solely to inspect motor vehicles owned or leased and operated by the person establishing the facility. The inspections performed in facilities established under this subsection shall be performed by a contractor selected by the commission under this section and the contractor performing such inspections shall be responsible solely to the department and shall satisfy all applicable requirements of sections 643.300 to 643.355.

7. Any person who owns Missouri analyzer system emission inspection equipment as defined by rule, used to provide emissions inspections under section 307.366, RSMo, at a facility located in an area in which an emissions inspection program has been established under sections 643.300 to 643.355 may, within twelve months of the implementation of an emissions inspection program under sections 643.300 to 643.355, sell such equipment, to the department of natural resources at current market value as established by an independent appraisal provided that the equipment is fully functional and has been maintained according to all applicable manufacturer's specifications and procedures. The department shall purchase such equipment using funds appropriated for that purpose from the Missouri air emission reduction fund. Any person who, prior to January 1, 1992, contracted to lease or lease purchase, or purchased by borrowing a portion of the funds secured by a chattel mortgage, Missouri Analyzer System emission inspection equipment used to provide emissions inspections under section 307.366, RSMo, at a facility located in an area in which an emissions inspection program has been established under sections 643.300 to 643.355, and has made all payments required under the contract, may, within twelve months of the implementation of an emissions inspection program under sections 643.300 to 643.355, request the department of natural resources to take possession of such equipment and assume all payment obligations owed on such equipment which obligations are not in excess of one hundred and twenty-five percent of the current market value as established by an independent appraisal, provided that the equipment is fully functional and has been maintained according to all applicable manufacturer's specifications and procedures. The department shall take possession of such equipment and pay such obligations using funds appropriated for that purpose from the Missouri air emission reduction fund.

8. If the governor applies to the administrator of the Environmental Protection Agency to require federal reformulated gasoline in nonattainment areas, nothing in sections 643.300 to 643.355 shall prevent the storage of conventional gasoline in nonattainment areas which is intended for sale to agricultural, commercial or retail customers outside said nonattainment areas subject to reformulated gasoline.

9. The governor, the department of natural resources, and the commission shall work to ensure an orderly transition period in the nonattainment area for the introduction of reformulated gasoline. Priority shall be given to ensure the petroleum refiners ample time to organize, structure, and implement both the production and the delivery of reformulated gasoline to the nonattainment area, so that consumers will see an orderly, seamless market substitution.".

HOUSE SUBSTITUTE AMENDMENT NO. 1

FOR HOUSE AMENDMENT NO. 2

Amend House Substitute for House Committee Substitute for Senate Bill No. 619, Page 126, Section 414.415, Line 21 of said page, by inserting immediately after all of said line the following:

"Section 1. The air conservation commission may establish, by rule, a state reformulated gasoline program to prohibit the sale or dispensing of conventional gasoline for use in motor vehicles. If established, such program shall be implemented and dispensing reformulated gasoline at the retail level in the nonattainment area described in section 643.305, RSMo, by June 1, 1999, and shall be at least as effective in improving air quality as the federal reformulated gasoline program, 42 U.S.C. 7545. Any reformulated gasoline program established pursuant to this section shall not preclude the use of ethanol." ; and

Further amend said bill in the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 3

House Substitute for House Committee Substitute for Senate Bill No. 619, Page 1, In the Title, Line 18, by deleting the figure "155.080" and inserting in lieu thereof the following: "155.010, 155.080, 305.230"; and

Further amend said bill, Page 1, In the Title, Line 19, by deleting the word "section" and inserting in lieu thereof the following: "sections 144.805 and"; and

Further amend said bill, Page 1, In the Title, Line 20, by inserting immediately before the word "relating" the following: "and section 17 as enacted by conference committee substitute for house committee substitute for senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly,"; and

Further amend said bill, Page 1, In the Title, Line 21, by deleting the word "sixty-four" and inserting in lieu thereof the word "sixty-seven"; and

Further amend said bill, Page 1, In the Title, Line 24, by inserting immediately after the word "date" the words "and an expiration date for certain sections"; and

Further amend said bill, Page 2, Section A, Line 11, by deleting the figure "155.080" and inserting in lieu thereof the following: "155.010, 155.080, 305.230"; and

Further amend said bill, Page 2, Section A, Line 12, by deleting the word "section" and inserting in lieu thereof the following: "sections 144.805 and"; and

Further amend said bill, Page 2, Section A, Line 13, by inserting immediately before the word "are" the following: "and section 17 as enacted by conference committee substitute for house committee substitute for senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly,"; and

Further amend said bill, Page 2, In the Title, Line 13, by deleting the word "sixty-four" and inserting in lieu thereof the word "sixty-seven"; and

Further amend said bill, Page 3, Section A, Line 1, by deleting the figure "155.080" and inserting in lieu thereof the following: "144.805, 155.010, 155.080, 305.230"; and

Further amend said bill, Page 111, Section 142.953, Line 4, by inserting immediately after all of said line the following:

"144.805. 1. In addition to the exemptions granted pursuant to the provisions of section 144.030, there shall also be specifically exempted from the provisions of sections 144.010 to 144.525, sections 144.600 to 144.748, and section 238.235, RSMo, and the provisions of any local sales tax law, as defined in section 32.085, RSMo, and from the computation of the tax levied, assessed or payable pursuant to sections 144.010 to 144.525, sections 144.600 to 144.748, and section 238.235, RSMo, and the provisions of any local sales tax law, as defined in section 32.085, RSMo, all sales of aviation jet fuel in a given calendar year to common carriers engaged in the interstate air transportation of passengers and cargo, and the storage, use and consumption of such aviation jet fuel by such common carriers, if such common carrier has first paid to the state of Missouri, in accordance with the provisions of this chapter, state sales and use taxes pursuant to the foregoing provisions and applicable to the purchase, storage, use or consumption of such aviation jet fuel in a maximum and aggregate amount of one million five hundred thousand dollars of state sales and use taxes in such calendar year.

2. To qualify for the exemption prescribed in subsection 1 of this section, the common carrier shall furnish to the seller a certificate in writing to the effect that an exemption pursuant to this section is applicable to the aviation jet fuel so purchased, stored, used and consumed. The director of revenue shall permit any such common carrier to enter into a direct pay agreement with the department of revenue, pursuant to which such common carrier may pay directly to the department of revenue any applicable sales and use taxes on such aviation jet fuel up to the maximum aggregate amount of one million five hundred thousand dollars in each calendar year. The director of revenue shall adopt appropriate rules and regulations to implement the provisions of this section, and to permit appropriate claims for refunds of any excess sales and use taxes collected in calendar year 1993 or any subsequent year with respect to any such common carrier and aviation jet fuel.

3. The provisions of this section shall apply to all purchases and deliveries of aviation jet fuel from and after May 10, 1993.

4. Effective September 1, 1998, all sales and use tax revenues upon aviation jet fuel received pursuant to chapter 144, RSMo, less the amounts specifically designated pursuant to the constitution or pursuant to section 144.701, for other purposes, shall be deposited to the credit of the aviation trust fund established pursuant to section 305.230, RSMo; provided however, the amount of such state sales and use tax revenues deposited to the credit of such aviation trust fund shall not exceed five million dollars in each calendar year.

5. The provisions of sections 144.805 and 144.807 shall expire on December 31, [2001] 2003."

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

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

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

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

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

Further amend said bill, Page 112, Section 155.080, Line 16, by inserting immediately after all of said line the following:

"305.230. 1. The state highways and transportation commission shall administer an aeronautics program within this state. The state commission shall encourage, foster and participate with the political subdivisions of this state in the promotion and development of aeronautics. The state commission may provide financial assistance in the form of grants from funds appropriated for such purpose to any political subdivision or instrumentality of this state acting independently or jointly or to the owner or owners of any privately owned airport designated as a reliever by the Federal Aviation Administration for the planning, acquisition, construction, improvement or maintenance of airports, or for other aeronautical purposes.

2. Any political subdivision or instrumentality of this state or the owner or owners of any privately owned airport designated as a reliever by the Federal Aviation Administration receiving state funds for the purchase, construction, or improvement, except maintenance, of an airport shall agree before any funds are paid to it to control by ownership or lease the airport for a period equal to the useful life of the project as determined by the state commission following the last payment of state or federal funds to it. In the event an airport authority ceases to exist for any reason, this obligation shall be carried out by the governing body which created the authority.

3. Unless otherwise provided, grants to political subdivisions, instrumentalities or to the owner or owners of any privately owned airport designated as a reliever by the Federal Aviation Administration shall be made from the aviation trust fund. In making grants, the commission shall consider whether the local community has given financial support to the airport in the past. Priority shall be given to airports with local funding for the past five years with no reduction in such funding. The aviation trust fund is a revolving trust fund exempt from the provisions of section 33.080, RSMo, relating to the transfer of funds to the general revenue funds of the state by the state treasurer. All interest earned upon the balance in the aviation trust fund shall be deposited to the credit of the same fund.

4. The moneys in the aviation trust fund shall be administered by the state commission and, when appropriated, shall be used for the following purposes:

(1) As matching funds on an up to eighty percent state/twenty percent local basis, except in the case where federal funds are being matched, when the ratio of state and local funds used to match the federal funds shall be fifty percent state/fifty percent local:

(a) For preventive maintenance of runways, taxiways and aircraft parking areas, and for emergency repairs of the same;

(b) For the acquisition of land for the development and improvement of airports;

(c) For the earthwork and drainage necessary for the construction, reconstruction or repair of runways, taxiways, and aircraft parking areas;

(d) For the construction, or restoration of runways, taxiways, or aircraft parking areas;

(e) For the acquisition of land or easements necessary to satisfy Federal Aviation Administration safety requirements;

(f) For the identification, marking or removal of natural or manmade obstructions to airport control zone surfaces and safety areas;

(g) For the installation of runway, taxiway, boundary, ramp, or obstruction lights, together with any work directly related to the electrical equipment;

(h) For the erection of fencing on or around the perimeter of an airport;

(i) For purchase, installation or repair of air navigational and landing aid facilities and communication equipment;

(j) For engineering related to a project funded under the provisions of this section and technical studies or consultation related to aeronautics;

(k) For airport planning projects including master plans and site selection for development of new airports, for updating or establishing master plans and airport layout plans at existing airports;

(l) For the purchase, installation, or repair of safety equipment and such other capital improvements and equipment as may be required for the safe and efficient operation of the airport;

(2) As total funds, with no local match:

(a) For providing air markers, windsocks, and other items determined to be in the interest of the safety of the general flying public;

(b) For the printing and distribution of state aeronautical charts and state airport directories on an annual basis, and a newsletter on a quarterly basis or the publishing and distribution of any public interest information deemed necessary by the state commission;

(c) For the conducting of aviation safety workshops;

(d) For the promotion of aerospace education[.];

(3) As total funds with no local match, up to five hundred thousand dollars per year may be used for the cost of operating existing air traffic control towers that do not receive funding from the Federal Aviation Administration or the Department of Defense, except no more than one hundred twenty-five thousand dollars per year may be used for any individual control tower.

5. [The general assembly may appropriate to the aviation trust fund an amount not to exceed five million dollars in each fiscal year for the purposes of this section. If on January thirty-first of any year, the unobligated balance of the aviation trust fund exceeds five million dollars, no appropriation shall be made for the following fiscal year.] In the event of a natural or manmade disaster which closes any runway or renders inoperative any electronic or visual landing aid at an airport, any funds appropriated for the purpose of capital improvements or maintenance of airports may be made immediately available for necessary repairs once they are approved by the Missouri department of transportation. For projects designated as emergencies by the Missouri department of transportation, all requirements relating to normal procurement of engineering and construction services are waived.

6. As used in this section, the term "instrumentality of the state" shall mean any state educational institution as defined in section 176.010, RSMo, or any state agency which owned or operated an airport on January 1, 1997, and continues to own or operate such airport."; and

Further amend said bill, Page 213, Section 142.621, Line 10, by inserting immediately after all of said line the following:

"[Section 17. 1. The task force on trade and investment within the department of economic development and the state highways and transportation commission, or its designee within the department of transportation, shall identify those airports that are crucial to the overall economic development of the state, and assist those airports to better promote travel, education, trade and commerce as it relates to the economic development of the state. Such airports shall include but not be limited to any privately owned airports designated as reliever airports by the Federal Aviation Administration, any airports owned by an instrumentality of the state, including any state agency which owns or operates an airport as of January 1, 1997, or any state educational institution as defined in section 176.010, RSMo.

2. Those airports identified pursuant to subsection 1 of this section shall be eligible to apply for grants from the aviation trust fund, pursuant to the conditions established in section 305.230, RSMo.]".

HOUSE AMENDMENT NO. 4

Amend House Substitute for House Committee Substitute for Senate Bill No. 619, Page 25, Section 142.815, Line 3, by inserting after the word "consumer" the following: ",except as provided for in subsection (1) of this section," and

Further amend said bill and page, section 142.815, line 8, by inserting after the word "purposes" the following: ", at the discretion of the ultimate vender, the refund may be claimed by the ultimate vender on behalf of the consumer for sales made to farmers and to persons engaged in construction for agricultural purposes as defined in section 142.800".

HOUSE AMENDMENT NO. 5

Amend House Substitute for House Committee Substitute for Senate Bill No. 619, Page 46, Section 142.830, Lines 9-13, by deleting the following, "Any person operating under revoked status or who is found to have not purchased a trip permit when so required by law, in addition to all other penalties provided by law, shall be assessed a civil penalty of fifty dollars by the director.".

HOUSE AMENDMENT NO. 6

Amend House Substitute for House Committee Substitute for Senate Bill No. 619, Page 1, In the Title, Line 18, by deleting the figure "155.080" and inserting in lieu thereof the following: "155.080, 323.020, 323.060,"; and

Further amend said bill, Page 1, In the Title, Line 21, by deleting the word "sixty-four" and inserting in lieu thereof the word "sixty-six"; and

Further amend said bill, Page 2, Section A, Line 11, by deleting the figure "155.080" and inserting in lieu thereof the following: "155.080, 323.020, 323.060,"; and

Further amend said bill, Page 2, In the Title, Line 13, by deleting the word "sixty-four" and inserting in lieu thereof the word "sixty-six"; and

Further amend said bill, Page 3, Section A, Line 1, by deleting the figure "155.080" and inserting in lieu thereof the following: "155.080, 323.020, 323.060,"; and

Further amend said bill, Page 112, Section 155.080, Line 16, by inserting immediately after all of said line the following:

"323.020. 1. The director of the department of agriculture shall make, promulgate and enforce regulations setting forth minimum general standards covering the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck, tank trailer, and utilizing liquefied petroleum gases and specifying the odorization of such gases and the degree thereof. The regulations shall be such as are reasonably necessary for the protection of the health, welfare and safety of the public and persons using such materials, and shall be in substantial conformity with the generally accepted standards of safety concerning the same subject matter. Such regulations shall be adopted by the director of the department of agriculture pursuant to chapter 536, RSMo. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority of this chapter, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act.

2. Except as specifically provided in subsection 1 of section 323.060, regulations in substantial conformity with the published standards of the National Board of Fire Underwriters for the design, installation and construction of containers and pertinent equipment for the storage and handling of liquefied petroleum gases as recommended by the National Fire Protection Association shall be deemed to be in substantial conformity with the generally accepted standards of safety concerning the same subject matter.

323.060. 1. No person shall engage in this state in the business of selling at retail of liquefied petroleum gas, or in the business of handling or transportation of liquefied petroleum gas over the highways of this state or in the business of installing or servicing equipment and appliances for use with liquefied petroleum gas without having first registered with the director of the department of agriculture. No person shall engage in this state in the business of selling at retail of liquefied petroleum gas unless such person owns and operates one or more storage tanks located in the state of Missouri with a combined capacity of at least eighteen thousand gallons, except that such storage capacity requirements shall apply only to businesses engaged in bulk sales of liquified petroleum.

2. Nonresidents of the state of Missouri desiring to engage in the business of distribution of liquefied petroleum gases at retail, or the business of installing, repairing or servicing equipment and appliances for use of liquefied petroleum gases shall comply with sections 323.010 to 323.110 and rules and regulations promulgated thereunder.

3. All utility operations of public utility companies subject to the safety jurisdiction of the public service commission are exempt from the provisions of this section.".

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 adopted SS for SCS for HS for HCS for HBs 1455 and 1463, as amended, and has again taken up and passed SS for SCS for HS for HCS for HBs 1455 and 1463, as amended.

Emergency clause adopted.

INTRODUCTIONS OF GUESTS

Senator Yeckel introduced to the Senate, Connie Mlynarczyk, and fifty-four sixth grade students from St. Simon School, St. Louis; and Tim Bowe, Kristen Dlugos, Adam Mlynarczyk and Erica Whitworth were made honorary pages.

Senator Howard introduced to the Senate, Eldonna Carroll, Butler; Barbara Scheidegger, Jefferson City; LuAnn Reese, Bismarck; Bob Fry, Columbia; and Donna Dittrich, Florissant.

Senator Howard introduced to the Senate, Becky Eskew, Bloomfield; and Juanita Jones, Essex.

Senator Kinder introduced to the Senate, the Physician of the Day, Dr. Reno Cova, Cape Girardeau.

On motion of Senator Quick, the Senate adjourned until 9:30 a.m., Thursday, May 14, 1998.