Journal of the Senate

SECOND REGULAR SESSION


SEVENTY-SECOND DAY--THURSDAY, MAY 14, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, it seems that for every door that gets closed, You open another one; for every road block, You provide a helpful detour; and for every opportunity lost, You seem to provide a new one. When good people try to do good things You always seem to provide a blessing. We pray for Your help in this place today. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal of the previous day was read and approved.

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

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

President Wilson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 1933, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Glen O. Jenkins, Butler, which was adopted.

Senator Rohrbach, joined by the entire membership of the Senate, offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 1934

WHEREAS, there comes a time when each of us must make a major decision regarding the future course of our lives; and

WHEREAS, Mike Hoeferkamp, Senate staff attorney, has come to that fork in the road, but instead of stopping for a bite, he has decided to move on in a southwestwardly direction toward the warmer and more arid climes of New Mexico; and

WHEREAS, ever since Mike announced his plans a few weeks ago, rumors have been rampant at the state capitol, but there is absolutely no truth to the speculation that he, Laurie, and Shelby will be making the journey to Albuquerque on their bicycles; and

WHEREAS, Mike joined the Senate Research staff as a fresh graduate of the Valparaiso University Law School with the determination and the drive to eventually become one of the finest bill drafters that the Senate has ever known, an achievement that he has most certainly realized; and

WHEREAS, now a seasoned veteran, Mike has compiled a record of longevity that ranks second only to that of Valentine and Morton who, God knows, have both been here since the Creation; and

WHEREAS, Mike is known by all and envied by many for the outstanding quality of his work which is the direct result of his exceptional ability, his extraordinary knowledge of the subject matter, his meticulous attention to detail, and his general thoroughness in conducting research; and

WHEREAS, as a result of his tireless devotion to duty, Mike Hoeferkamp has developed a remarkable degree of expertise in such crucial areas as civil and criminal jurisprudence, drunk driving, HMO regulation, landlord tenant relations, transportation, and insurance and housing:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, join unanimously with his colleagues on the Senate Research staff, all employees of this legislative body, and every one of his many friends at the capitol in expressing deep gratitude to Mike Hoeferkamp for his years of dedicated service as a brilliant young attorney and in wishing him well as he seeks new avenues of challenge in both his personal and his professional life; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Mike Hoeferkamp, as a mark of our esteem for him.

At the request of Senator Sims, the Senate paused in a moment of silence in recognition of the Fiftieth Anniversary of Israel's Independence.

President Wilson assumed the Chair.

PRIVILEGED MOTIONS

Senator Quick moved that the Senate refuse to concur in HCS for SB 936, 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 McKenna moved that the Senate refuse to concur in HS for HCS for SBs 614, 696, 906, 530, 912 and 914, 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 Wiggins moved that SB 680, with HS No. 2 for HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HS No. 2 for HCS for SB 680, entitled:

HOUSE SUBSTITUTE NO. 2 FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 680

An Act to repeal sections 347.163, 351.025, 351.165, 351.230, 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.

Was taken up.

Senator Wiggins moved that HS No. 2 for HCS for SB 680, as amended, be adopted, which motion prevailed by the following vote:

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

On motion of Senator Wiggins, HS No. 2 for HCS for SB 680, as amended, was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

CONFERENCE COMMITTEE REPORTS

Senator Mathewson, on behalf of the conference committee appointed to act with a like committee from the House on HS for HCS for SB 827, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 827

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. 827, with House Substitute Amendment No. 1 for 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, House Amendment No. 10, House Amendment No. 11, House Amendment No. 12, House Amendment No. 13, House Substitute Amendment No. 1 for House Amendment No. 14, House Amendment No. 15 and House Amendment No. 16; 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. 827, as amended;

2. That the Senate recede from its position on Senate Bill No. 827;

3. That the attached Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Bill No. 827 be truly agreed to and finally passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Jim Mathewson /s/ Henry C. Rizzo
/s/ Mike Lybyer /s/ May Scheve
/s/ John E. Scott /s/ Joan Bray
/s/ Doyle Childers /s/ Bonnie Sue Cooper
/s/ Betty Sims /s/ Carl M. Vogel


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

YEAS--Senators
Bentley Childers Clay Curls
DePasco Flotron Goode House
Howard Jacob Johnson Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Russell
Schneider Scott Sims Staples
Wiggins Yeckel--26
NAYS--Senators
Caskey Ehlmann Graves Kenney
Rohrbach Singleton Westfall--7
Absent--Senator Banks--1
Absent with leave--Senators--None

On motion of Senator Mathewson, CCS for HS for HCS for SB 827, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 827

An Act to repeal sections 32.110, 137.115 and 260.285, RSMo 1994, sections 32.115, 135.110, 447.700, 447.702, 447.704, 447.706 and 447.708, RSMo Supp. 1997, and sections 135.100, 135.208, 135.400, 253.557, 253.559, 620.1023 and 620.1039 as enacted by senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly and approved by the governor, relating to tax credits administered by and relating to the department of economic development, and to enact in lieu thereof twenty-one new sections relating to the same subject.

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

YEAS--Senators
Banks Bentley Childers Clay
Curls DePasco Flotron Goode
Howard Jacob Johnson Kinder
Lybyer Mathewson Maxwell Mueller
Quick Russell Schneider Scott
Sims Staples Wiggins Yeckel--24
NAYS--Senators
Caskey Ehlmann Graves House
Kenney Rohrbach Singleton Westfall--8
Absent--Senators
Klarich McKenna--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

Senator Caskey requested unanimous consent of the Senate to make the following motions on CCS for HCS for SS for SB 910 and that they be adopted with one vote, which request was granted.

Having voted on the prevailing side, Senator Caskey moved that the vote by which the motion to reconsider the vote by which CCS for HCS for SS for SB 910 passed be laid on the table prevailed, be reconsidered; that the vote by which the title to CCS for HCS for SS for SB 910 be agreed to, prevailed, be reconsidered; and that the vote by which CCS for HCS for SS for SB 910 was third read and finally passed, be reconsidered, which motions prevailed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Schneider--1
Absent with leave--Senators--None

CCS for HCS for SS for SB 910 was taken up.

Senator Caskey offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Conference Committee Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 910, Page 2, Section A, Line 1 of said page, by striking the following: "454.505 and 476.688" and inserting in lieu thereof the following: "454.505, 476.688 and 487.030".

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

On motion of Senator Caskey, CCS for HCS for SS for SB 910, as amended, 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 Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Russell--1
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.

HOUSE BILLS ON THIRD READING

Senator Maxwell moved that HS for HCS for HBs 1405, 1109 and 1335, with SCS and SS for SCS, as amended (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SS for SCS for HS for HCS for HBs 1405, 1109 and 1335, as amended, was again taken up.

Senator Maxwell 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. 1405, 1109 and 1335, Page 8, Section 589.425, Lines 5-6 of said page, by striking the following: "statutory rape in the second degree, statutory sodomy in the second degree,"; and

Further amend said bill, page 10, section 2, line 19, by inserting after the word "counties" the following: ", and one member shall be the prosecuting attorney of the county in which the person was convicted or committed pursuant to chapter 552, RSMo".

Senator Maxwell moved that the above amendment be adopted.

Senator Klarich offered SSA 1 for SA 2:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1405, 1109 and 1335, Page 8, Section 589.425, Lines 5-6 of said page, by striking the following: "statutory rape in the second degree, statutory sodomy in the second degree,"; and

Further amend said bill and page, section 2, line 25, of said page, by inserting after the word "general" the following: ", the prosecuting attorney of the county in which the underlying criminal prosecution occurred"; and

Further amend said bill and section, page 9, line 17 of said page, by inserting after the word "general" the following: ", the prosecuting attorney of the county in which the underlying criminal prosecution occurred"; and

Further amend said bill and section, page 10, lines 14 and 19 of said page, by inserting after the word "general" the following: "and the prosecuting attorney of the county in which the underlying criminal prosecution occurred"; and

Further amend said bill, page 10, section 2, line 19, by inserting after the word "counties" the following: ", and one member shall be the prosecuting attorney of the county in which the person was convicted or committed pursuant to chapter 552, RSMo; and

Further amend said bill, page 11, section 3, line 6 of said page, by inserting after the word "general" the following: "or the prosecuting attorney of the county in which the underlying criminal prosecution occurred"; and further amend line 9 of said page, by inserting after the word "general" the following: "or the prosecuting attorney"; and

Further amend said bill, page 14, section 5, line 8 of said page, by inserting after the word "general" the following: "or the prosecuting attorney"; and

Further amend said bill, page 16, section 7, line 22 of said page, by inserting after the word "general" the following: "or the prosecuting attorney"; and

Further amend said bill, page 17, section 8, line 13 of said page, by striking the word "and" and inserting in lieu thereof the following: ", the prosecuting attorney of the county in which the underlying criminal prosecution occurred"; and further amend line 15 of said page, by inserting after the word "general" the following: "or the prosecuting attorney"; and further amend line 19 of said page, by inserting after the word "petitioner" the following: ", the prosecuting attorney"; and further amend lines 20-21 of said page, by striking "attorney general" and inserting in lieu thereof the following: "state"; and

Further amend said bill, page 18, section 10, line 20 of said page, by inserting after the word "general" the following: ", the prosecuting attorney".

Senator Klarich moved that the above substitute amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Graves, Ehlmann, Kenney and Mueller.

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

YEAS--Senators
Bentley Childers Clay Ehlmann
Flotron Graves Kenney Kinder
Klarich Mueller Rohrbach Russell
Sims Singleton Westfall Yeckel--16
NAYS--Senators
Banks Caskey Curls DePasco
Goode House Howard Jacob
Johnson Lybyer Mathewson Maxwell
McKenna Quick Scott Staples
Wiggins--17
Absent--Senator Schneider--1
Absent with leave--Senators--None

SA 2 was again taken up.

Senator Maxwell 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 Substitute for House Committee Substitute for House Bills Nos. 1405, 1109 and 1335, Page 10, Section 2, Line 9 of said page, by inserting after the word "team" the following: "consisting of no more than seven members, no more than one each from the department of corrections and the department of mental health, and".

Senator Klarich moved that the above amendment be adopted.

At the request of Senator Maxwell, HS for HCS for HBs 1405, 1109 and 1335, with SCS, SS for SCS and SA 3 (pending), was placed on the Informal Calendar.

CONFERENCE COMMITTEE REPORTS

Senator House moved that the conference committee report on HS for HCS for SS for SCS for SB 781 be taken up for adoption, which motion prevailed.

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

YEAS--Senators
Caskey Clay Curls DePasco
Ehlmann Flotron Goode House
Howard Jacob Johnson Kenney
Kinder Lybyer Mathewson Maxwell
McKenna Mueller Quick Schneider
Scott Sims Staples Wiggins--24
NAYS--Senators
Banks Bentley Childers Graves
Klarich Rohrbach Russell Singleton
Westfall Yeckel--10
Absent--Senators--None
Absent with leave--Senators--None

Senator House moved that CCS for HS for SS for SCS for SB 781 be read the 3rd time and finally passed.

Senator Scott assumed the Chair.

Senator Johnson assumed the Chair.

At the request of Senator House, the motion for 3rd reading and final passage was withdrawn.

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 HS for SB 743, as amended, and grants the Senate a conference thereon, and further the House conferees be allowed to exceed the differences on the emergency clause in the 911 section only.

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 SS for SCS for HS for HCS for HB 1095 and has taken up and passed CCS for SS for SCS for HS for HCS for HB 1095.

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 HCS for HB 1189 and has taken up and passed CCS for HCS for HB 1189.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt Conference Committee Report on HS for HCS for SB 487 and requests a further conference on HS for HCS for SB 487.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SB 936, 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 recede from its position on HS for HCS for SCS for SBs 614, 696, 906, 530, 912 and 914, 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 HS for HCS for SCS for SBs 614, 696, 906, 530, 912 and 914, as amended. Representatives: May (108), Monaco, O'Toole, Richardson and Summers.

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 936, as amended. Representatives: Bray, Van Zandt, Schilling, Gibbons and Hegeman.

MESSAGES FROM THE GOVERNOR

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

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

May14, 1998

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

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

Bruce C. Scott, 1733 AA Highway, P.O. Box 442, Farmington, St. Francois County, Missouri 63640, as a member of the Peace Officer Standards and Training Commission, for a term ending October 30, 2000, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

Respectfully submitted,

MEL CARNAHAN

Governor

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

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 SCS for SBs 614, 696, 906, 530, 912 and 914, as amended: Senators McKenna, Schneider, Scott, Flotron and Russell.

Also,

President Pro Tem McKenna appointed the following conference committee, to act with a like committee from the House on HS for SB 743, as amended: Senators Maxwell, Caskey, Mathewson, Childers and Westfall.

Also,

President Pro Tem McKenna appointed the following conference committee, to act with a like committee from the House on HCS for SB 936, as amended: Senators Quick, Wiggins, Schneider, Flotron and Russell.

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 SS for SCS for HB 1507, as amended, 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 1:30 p.m.

RECESS

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

RESOLUTIONS

Senator Scott offered Senate Resolution No. 1935, regarding Mr. Jim Goldammer, Jefferson City, which was adopted.

Senator Jacob offered Senate Resolution No. 1936, regarding McGee Meredith, which was adopted.

Senator Kinder offered Senate Resolution No. 1937, regarding the Good Humor/Breyers Ice Cream Company, which was adopted.

Senator Graves offered Senate Resolution No. 1938, regarding Kari Stockwell, which was adopted.

Senator Sims offered Senate Resolution No. 1939, regarding Matthew D. Ehlen, St. Louis, which was adopted.

Senator Maxwell offered Senate Resolution No. 1940, regarding Justin Mark McAninch, Kirksville, which was adopted.

PRIVILEGED MOTIONS

Senator Goode moved that the Senate grant the House a further conference on HS for HCS for SB 487, as amended, which motion prevailed.

HOUSE BILLS ON THIRD READING

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

On motion of Senator Wiggins, SS for SCS for HB 1507, as amended, was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

CONFERENCE COMMITTEE REPORTS

Senator House moved that CCS for HS for HCS for SS for SCS for SB 781 be taken up for 3rd reading and final passage, which motion prevailed.

Senator House moved that CCS for HS for HCS for SS for SCS for SB 781 be read the 3rd time and finally passed.

Senator Johnson assumed the Chair.

Senator Mathewson assumed the Chair.

Senator Johnson assumed the Chair.

Senator Mathewson assumed the Chair.

Senator Maxwell assumed the Chair.

Senator Johnson assumed the Chair.

Senator Mueller requested a roll call vote be taken to establish a quorum.

On roll call the following Senators were present:

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


Senator Graves requested unanimous consent that the Senate rear gallery be designated a part of the Senate Floor.

Senator Jacob objected.

Senator Graves was recognized to speak on the bill.

Senator Mathewson assumed the Chair.

Senator Caskey raised the point of order that Senator Graves lost the right to continue speaking when the motion to expand the Chamber was offered.

The point of order was referred to the President Pro Tem, who took it under advisement.

HOUSE BILLS ON THIRD READING

At the request of Senator DePasco, HB 1352, with SCS, was placed on the Informal Calendar.

At the request of Senator Sims, HCS for HB 1536, with SCS, was placed on the Informal Calendar.

At the request of Senator Clay, HS for HCS for HBs 977 and 1608, with SCS, was placed on the Informal Calendar.

At the request of Senator Goode, HCS for HB 1143, with SCAs 1 and 2, was placed on the Informal Calendar.

At the request of Senator Johnson, HB 1136, with SCAs 1, 2 and 3, was placed on the Informal Calendar.

At the request of Senator Goode, HB 1144, with SCA 1, was placed on the Informal Calendar.

At the request of Senator DePasco, HCS for HBs 1273, 943 and 1217, with SCS, was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which was referred HS for HCS for HBs 1147, 1435, 1050, 1186 and 1108, with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

HOUSE BILLS ON THIRD READING

HS for HCS for HBs 1147, 1435, 1050, 1186 and 1108, with SCS, entitled:

An Act to repeal sections 195.211, 195.222, 195.223, 195.233, 195.420, 217.362, 311.720, 542.276, 544.376 and 568.045, RSMo 1994, and sections 195.010, 195.017, 195.040, 195.060, 195.100, 195.197, 195.214, 195.400, 195.410, and 570.030, RSMo Supp. 1997, and to enact in lieu thereof thirty-two new sections for the purpose of addressing the controlled substances problem, with penalty provisions.

Was taken up by Senator Wiggins.

SCS for HS for HCS for HBs 1147, 1435, 1050, 1186 and 1108, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1147, 1435, 1050, 1186 AND 1108

An Act to repeal sections 195.211, 195.222, 195.223, 195.233, 195.420, 195.509, 217.362, 311.720, 544.376, 568.045 and 569.085, RSMo 1994, and sections 195.010, 195.040, 195.060, 195.100, 195.197, 195.400, 195.410, and 570.030, RSMo Supp. 1997, and to enact in lieu thereof twenty-three new sections for the purpose of addressing the controlled substances problem, with penalty provisions.

Was taken up.

Senator Wiggins moved that SCS for HS for HCS for HBs 1147, 1435, 1050, 1186 and 1108 be adopted.

Senator Wiggins offered SS for SCS for HS for HCS for HBs 1147, 1435, 1050, 1186 and 1108, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1147, 1435, 1050, 1186 AND 1108

An Act to repeal sections 195.211, 195.222, 195.223, 195.233, 195.420, 217.362, 311.720, 544.376, 568.045 and 569.085, RSMo 1994, and sections 195.010, 195.040, 195.060, 195.100, 195.197, 195.400, 195.410, and 570.030, RSMo Supp. 1997, and to enact in lieu thereof twenty-seven new sections for the purpose of addressing the controlled substances problem, with penalty provisions.

Senator Wiggins moved that SS for SCS for HS for HCS for HBs 1147, 1435, 1050, 1186 and 1108 be adopted, which motion prevailed.

On motion of Senator Wiggins, SS for SCS for HS for HCS for HBs 1147, 1435, 1050, 1186 and 1108 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 Wiggins, title to the bill was agreed to.

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

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

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HS for SS No. 2 for SCS for SB 632, as amended, and has taken up and passed CCS for HS for SS No. 2 for SCS for SB 632.

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 487, as amended: Representatives: Auer, Fritts, O'Connor, Legan and Burton.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HB 1301 and has taken up and passed CCS for HB 1301.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SA 1 to HCS for HB 1510 and has again taken up and passed HCS for HB 1510 as amended.

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 for HCS for SB 827 and has taken up and passed CCS for HS for HCS for SB 827.

Bill ordered enrolled.

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 HB 1507, 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 Speaker has appointed the following conferees to act with a like committee from the Senate on HS for SB 743, as amended: Representatives: Hoppe, Foley, Mays (50), Griesheimer and Ross.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1668, as amended, and has again taken up and passed SCS for HB 1668, as amended.

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 SS for SCS for HS for HB 1694 and has taken up and passed CCS for SS for SCS for HS for HB 1694.

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 1683, as amended, and has taken up and passed CCS for SCS for HB 1683.

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 778 and has taken up and passed CCS No. 2 for HCS for SB 778.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for SCS for SB 561, entitled:

An Act to repeal sections 191.850, 191.857, 191.858 and 191.859, RSMo 1994, relating to services for the blind or visually impaired, and to enact in lieu thereof six new sections relating to the same subject, with an effective date.

With House Amendments Nos. 1, 2, 3, 4, 5, 6, 7 and 8.

HOUSE AMENDMENT NO. 1

Amend House Substitute for Senate Committee Substitute for Senate Bill No. 561, Page 1, In the Title, Line 5, by deleting the word "six" and inserting in lieu thereof the word "eight"; and

Further amend said bill, Page 1, Section A, Line 11, by deleting the word "six" and inserting in lieu thereof the word "eight"; and

Further amend said bill, Page 1, Section A, Line 13, by deleting the word and number "and 1" and inserting in lieu thereof the following: ", 1, 2 and 3"; and

Further amend said bill, Page 9, Section 1, Line 3, by inserting after all of said line the following:

"Section 2. 1. As used in this section, the following terms mean:

(1) "Blind persons/visually impaired persons", individuals who:

(a) Have a visual acuity of 20/200 or less in the better eye with conventional correction, or have a limited field of vision such that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees; or

(b) Have a reasonable expectation of visual deterioration;

(2) "Student", any student who is blind or any student eligible for special education services for visually impaired as defined in P.L. 94-142;

(3) "Vision specialist in education", any individual certified as an instructor of the blind and visually impaired and has reasonable knowledge of assistive techniques, skills and technology. These may include, but are not limited to braille, cane travel and assistive computer technology.

2. The division of special education within the department of elementary and secondary education shall develop a program to provide a vision specialist in education, available at each regional professional development center.

3. The role of the vision specialist in education is as follows:

(1) To act as a resource providing direct service to the school districts under the regional office of professional development with regard to children who are visually impaired;

(2) To make recommendations to schools using assessments and information, as provided by Missouri school for the blind;

(3) To oversee a short-term assistive technology equipment loan program for the region;

(4) To maintain a list of all qualified personnel and paraprofessionals within the region who work with visually impaired students;

(5) To see that the overall educational needs of visually impaired students are met.

4. There is hereby created in the state treasury the "Vision Specialist in Education Fund" which shall be administered by the division of special education within the department of elementary and secondary education. Moneys in the fund shall, upon appropriation, be used to establish and maintain the vision specialist in education program pursuant to subsection 2 of this section.

Section 3. 1. As used in this section, the following terms mean:

(1) "Assistive computing technology/ computer-aided reading", the adapted speech-output system for reading through use of a computer and a speech synthesizer;

(2) "Blind persons", individuals who:

(a) Have a visual acuity of 20/200 or less in the better eye with conventional correction, or have a limited field of vision such that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees; or

(b) Have a reasonable expectation of visual deterioration; or

(c) Cannot read printed material at a competitive rate of speed and with facility due to lack of visual acuity;

(3) "Student", any student who is blind or any student eligible for special education services for visually impaired as defined in P.L. 94-142.

2. All students may receive instruction in assistive computing technology reading as part of their individualized education plan. No student shall be denied the opportunity of instruction in computer-aided reading solely because the student has some remaining vision.

3. Instruction in assistive computing technology shall be sufficient to enable each student to communicate effectively and efficiently at a level commensurate with his sighted peers of comparable grade level and intellectual functioning. Assistive computing technology is not an alternative to instruction of braille skills, but a necessary supplement. The student's individualized education plan shall specify:

(1) How assistive computing technology will be implemented as a supplementary mode for learning through integration with normal classroom activities. If computer-aided reading will not be provided to a child who is blind, the reason for not incorporating it in the individualized education plan shall be documented therein;

(2) The date on which the instruction will commence;

(3) The level of competency in reading to be achieved by the end of the period covered by the individualized education plan; and

(4) The duration of each session.".

HOUSE AMENDMENT NO. 2

Amend House Substitute for Senate Committee Substitute for Senate Bill No. 561, Page 1, In the Title, Lines 3 to 6 of said page, by deleting all of said lines and inserting in lieu thereof the following: "and 191.859, RSMo 1994, and to enact in lieu thereof eleven new sections for the purpose of regulating utilities and their merchandising practices, with an"; and

Further amend said bill, Page 1, Section A, Line 11 of said page, by deleting the word "six" and inserting in lieu thereof the word "eleven"; and

Further amend said bill, Page 1, Section A, Line 13 of said page, by inserting immediately before "and 1" the following: ", 386.754, 386.756, 386.760, 386.762, 386.764"; and

Further amend said bill, Page 8, Section 191.863, Line 15 of said page, by inserting after all of said line the following:

"386.754. For the purposes of sections 386.754 to 386.764, the following terms mean:

(1) "Affiliate", any entity not regulated by the public service commission which is owned, controlled by or under common control with a utility and is engaged in HVAC services;

(2) "HVAC services", the warranty, sale, lease, rental, installation, construction, modernization, retrofit, maintenance or repair of heating, ventilating and air conditioning equipment;

(3) "Utility", an electrical corporation, gas corporation or heating company as defined in section 386.020;

(4) "Utility contractor", a person, including an individual, corporation, firm, incorporated or unincorporated association or other business or legal entity, that contracts, whether in writing or not in writing, with a utility to engage in or assist any entity in engaging in HVAC services, but does not include employees of a utility.

386.756. 1. Except by an affiliate, a utility shall not engage in HVAC services, unless otherwise provided in subsection 7 or 8 of this section.

2. No affiliate or utility contractor shall use any vehicles, service tools, instruments, employees or any other utility assets, the cost of which are recoverable in the regulated rates for utility service, to engage in HVAC services unless the utility is compensated for the use of such assets at cost to the utility.

3. A utility shall not use or allow any affiliate or utility contractor to use the name of such utility to engage in HVAC services unless the utility, affiliate or utility contractor discloses in plain view and in bold type on the same page as the name is used on all advertisements or in plain audible language during all solicitations of such services a disclaimer that states the services provided are not regulated by the public service commission.

4. A utility shall not engage in or assist any affiliate or utility contractor in engaging in HVAC services in a manner which subsidizes the activities of such utility, affiliate or utility contractor to the extent of changing the rates or charges for the utility's regulated services above or below the rates or charges that would be in effect if the utility were not engaged in or assisting any affiliate or utility contractor in engaging in such activities.

5. Any affiliates or utility contractors engaged in HVAC services shall maintain accounts, books and records separate and distinct from the utility.

6. The provisions of this section shall apply to any affiliate or utility contractor engaged in HVAC services that is owned, controlled or under common control with a utility providing regulated utility service in this state or any other state.

7. A utility engaging in HVAC services in this state five years prior to August 28, 1998, may continue providing to existing, as well as new, customers the same type of services as those provided five years prior to August 28, 1998.

8. The provisions of this section shall not be construed to prohibit a utility from providing emergency service, providing any service required by law or providing a program pursuant to an existing tariff, rule or order of the public service commission.

9. A utility that violates any provision of this section is guilty of a civil offense and may be subject to a civil penalty of up to twelve thousand five hundred dollars for each violation.

386.760. 1. The public service commission shall have full authority to administer and ensure compliance with sections 386.754 to 386.764 provided that the commission shall not impose by rule or otherwise, requirements regarding HVAC services that are inconsistent with or in addition to those set forth in sections 386.754 to 386.764 or with requirements set forth in section 386.315.

2. No rule or portion of a rule promulgated pursuant to the provisions of sections 386.754 to 386.764 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

386.762. The public service commission shall have authority to:

(1) Review, inspect and audit books, accounts and other records kept by a utility or affiliate for the sole purpose of ensuring compliance with sections 386.754 to 386.764 and make findings available to the commission; and

(2) Investigate the operations of a utility or affiliate and their relationship to each other for the sole purpose of ensuring compliance with sections 386.754 to 386.764.

386.764. Nothing in sections 386.754 to 386.764 shall be construed as modifying existing legal standards regarding which party has the burden of proof in commission proceedings.".

HOUSE AMENDMENT NO. 3

Amend House Substitute for Senate Committee Substitute for Senate Bill No. 561, Page 7, Section 191.863, Line 6 deleting the word "assure" and inserting in lieu thereof the word "facilitate"; and

Further amend said bill, page 7, section 191.863, line 12, by deleting the word "assure" and inserting in lieu thereof the word "facilitate"; and

Further amend said bill, page 7, section 191.863, lines 14-22 by deleting all of said lines; and

Further amend said bill, page 8, section 191.863, lines 1-4 by deleting all of said lines; and

Further amend said bill by renumbering the remaining sections accordingly.

HOUSE AMENDMENT NO. 4

Amend House Substitute for Senate Committee Substitute for Senate Bill No. 561, Page 1, In the Title, Line 3, by deleting the word and number "and 191.859" and inserting in lieu thereof the following: ", 191.859 and 386.570"; and

Further amend said bill, Page 1, In the Title, Line 5 of said page, by deleting the word "six" and inserting in lieu thereof the word "seven"; and

Further amend said bill, Page 1, In the Title, Line 6 of said page, by inserting after the word "with" the following: "penalty provisions and"; and

Further amend said bill, Page 1, Section A, Line 10 of said page, by deleting "and 191.859" and inserting in lieu thereof the following: ", 191.859 and 386.570"; and

Further amend said bill, Page 1, Section A, Line 11 of said page, by deleting the word "six" and inserting in lieu thereof the word "seven"; and

Further amend said bill, Page 1, Section A, Line 13 of said page, by inserting immediately after the number "191.863" the number ", 386.570"; and

Further amend said bill, Page 8, Section 1, Line 16 of said page, by inserting before all of said line the following:

"386.570. 1. Any corporation, person, municipality which owns a gas plant or public utility which violates or fails to comply with any provision of the constitution of this state or of this or any other law, or which fails, omits or neglects to obey, observe or comply with any order, decision, decree, rule[, direction, demand] or requirement, or any part or provision thereof, of the commission in a case in which a penalty has not herein been provided for such corporation, person, municipality which owns a gas plant, or public utility, is subject to a penalty of not less than one hundred dollars nor more than two thousand dollars for each offense, except to the extent that Section 60105(b)(7) of the Natural Gas Pipeline Safety Act (49 U.S.C., Section 60101 et seq.) requires that state remedies for violations of federal safety standards pursuant to such federal law shall be substantially the same as remedies provided by such law, then the maximum penalties for violations of such federally mandated safety standards, which also constitute violations of the commission's rules, shall be punishable by a penalty of not more than ten thousand dollars for each violation, not to exceed five hundred thousand dollars for any related series of such violations. In determining the amount of the penalty, the nature, circumstances and the gravity of the violation shall be considered and, with respect to the person, corporation, municipality which owns a gas plant or public utility found to have committed the violation, the degree of culpability, any history of prior violations, the effect on the ability to continue operation, and any good faith effort in attempting to achieve compliance, ability to pay the penalty, and such other matters as are relevant shall be considered.

2. Every violation of the provisions of this or any other law or of any order, decision, decree, rule[, direction, demand] or requirement of the commission, or any part or portion thereof, by any corporation [or], person, municipality which owns a gas plant or public utility is a separate and distinct offense, and in case of a continuing violation each day's continuance thereof shall be and be deemed to be a separate and distinct offense.

3. In construing and enforcing the provisions of this chapter relating to penalties, the act, omission or failure of any officer, agent or employee of any corporation, person, municipality which owns a gas plant or public utility, acting within the scope of his official duties of employment, shall in every case be and be deemed to be the act, omission or failure of such corporation, person, municipality which owns a gas plant or public utility.".

HOUSE AMENDMENT NO. 5

Amend House Substitute for Senate Committee Substitute for Senate Bill No. 561, Page 9, Section 1, Line 3 by inserting after all of said section the following:

"Section B. Chapter 190, RSMo, is amended by adding thereto five new sections, to be known as sections 190.400, 190.410, 190.420, 190.430 and 190.440, to read as follows:

190.400. As used in sections 190.400 to 190.440, the following words and terms shall mean:

(1) "911", the primary emergency telephone number within the wireless system;

(2) "Board", the wireless service provider enhanced 911 advisory board;

(3) "Public safety agency", a functional division of a public agency which provides fire fighting, police, medical or other emergency services. For the purpose of providing wireless service to users of 911 emergency services, as expressly provided in this section, the department of public safety and state highway patrol shall be considered a public safety agency;

(4) "Public safety answering point", the location at which 911 calls are initially answered;

(5) "Wireless service provider", a provider of commercial mobile service pursuant to section 332(d) of the Federal Telecommunications Act of 1996 (47 U.S.C. Section 151 et seq).

190.410. 1. There is hereby created in the department of public safety the "Wireless Service Provider Enhanced 911 Advisory Board", consisting of eight members as follows:

(1) The director of the department of public safety or the director's designee who shall hold a position of authority in such department of at least a division director;

(2) The chairperson of the public service commission or the chairperson's designee; except that such designee shall be a commissioner of the public service commission or hold a position of authority in the commission of at least a division director;

(3) Three representatives and one alternate from the wireless service providers, elected by a majority vote of wireless service providers licensed to provide service in this state; and

(4) Three representatives from public service answering point organizations, elected by the members of the state chapter of the associated public safety communications officials and the state chapter of the National Emergency Numbering Association.

2. Immediately after the board is established the initial term of membership for a member elected pursuant to subdivision (3) of subsection 1 of this section shall be one year and all subsequent terms for members so elected shall be two years. The membership term for a member elected pursuant to subdivision (4) of subsection 1 of this section shall initially and subsequently be two years. Each member shall serve no more than two successive terms unless the member is on the board pursuant to subdivision (1) or (2) of subsection 1 of this section. Members of the board shall serve without compensation, however, the members may receive reimbursement of actual and necessary expenses. Any vacancies on the board shall be filled in the manner provided for in this subsection.

3. The board shall do the following:

(1) Elect from its membership a chair and other such officers as the board deems necessary for the conduct of its business;

(2) Meet at least one time per year for the purpose of discussing the implementation of Federal Communications Commission order 94-102;

(3) Advise the office of administration regarding implementation of federal communications commission order 94-102; and

(4) Provide any requested mediation service to a political subdivision which is involved in a jurisdictional dispute regarding the providing of wireless 911 services. The board shall not supersede decision-making authority of any political subdivision in regard to 911 services.

4. The director of the department of public safety shall provide and coordinate staff and equipment services to the board to facilitate the board's duties.

190.420. 1. There is hereby established in the state treasury a fund to be known as the "Wireless Service Provider Enhanced 911 Service Fund". All fees collected pursuant to sections 190.400 to 190.440 by wireless service providers shall be remitted to the director of the department of revenue. The director shall remit such payments to the state treasurer.

2. The state treasurer shall deposit such payments into the wireless service provider enhanced 911 service fund. Moneys in the fund shall be used for the purpose of reimbursing expenditures actually incurred in the implementation and operation of the wireless service provider enhanced 911 system.

3. Any unexpended balance in the fund shall be exempt from the provisions of section 33.080, RSMo, relating to the transfer of unexpended balances to the general revenue fund, and shall remain in the fund. Any interest earned on the moneys in the fund shall be deposited into the fund.

190.430. 1. The commissioner of the office of administration is authorized to establish a fee, if approved by the voters pursuant to section 190.440, not to exceed fifty cents per wireless telephone number per month to be collected by wireless service providers from wireless service customers.

2. The office of administration shall promulgate rules and regulations to administer the provisions of sections 190.400 to 190.440. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated pursuant to the authority delegated in sections 190.400 to 190.440 shall become effective only if it has been promulgated pursuant to the provisions of chapter 536, RSMo. All rulemaking authority delegated prior to the effective date of this section is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to the effective date of this section if it fully complied with the provisions of chapter 536, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after the effective date of this section shall be invalid and void.

3. The office of administration is authorized to administer the fund and to distribute the moneys in the wireless service provider enhanced 911 service fund for approved expenditures as follows:

(1) For the reimbursement of actual expenditures for implementation of wireless enhanced 911 service by wireless service providers in implementing Federal Communications Commission order 94-102; and

(2) To subsidize and assist the public safety answering points based on a formula established by the office of administration, which may include, but is not limited to the following:

(a) The volume of wireless 911 calls received by each public safety answering point;

(b) The population of the public safety answering point jurisdiction;

(c) The number of wireless telephones in a public safety answering point jurisdiction by zip code; and

(d) Any other criteria found to be valid by the office of administration;

(3) For the reimbursement of actual expenditures for equipment for implementation of wireless enhanced 911 service by public safety answering points to the extent that funds are available, provided that ten percent of funds distributed to public safety answering points shall be distributed in equal amounts to each public safety answering point participating in enhanced 911 service;

(4) Notwithstanding any other provision of the law, no proprietary information submitted pursuant to this section shall be subject to subpoena or otherwise released to any person other than to the submitting wireless service provider, without the express permission of said wireless service provider. General information collected pursuant to this section shall only be released or published in aggregate amounts which do not identify or allow identification of numbers of subscribers or revenues attributable to an individual wireless service provider.

4. Wireless service providers are entitled to retain one percent of the surcharge money they collect for administrative costs associated with billing and collection of the surcharge.

5. No more than five percent of the moneys in the fund, subject to appropriation by the general assembly, shall be retained by the office of administration for reimbursement of the costs of overseeing the fund and for the actual and necessary expenses of the board.

6. The office of administration shall review the distribution formula once every year and may adjust the amount of the fee within the limits of section 190.430, as determined necessary.

7. The provisions of sections 190.307 and 190.308 shall be applicable to programs and services authorized by sections 190.400 to 190.440.

8. Notwithstanding any other provision of the law, in no event shall any wireless service provider, its officers, employees, assigns or agents, be liable for any form of civil damages or criminal liability which directly or indirectly result from, or is caused by, an act or omission in the development, design, installation, operation, maintenance, performance or provision of 911 service or other emergency wireless two- and three-digit wireless numbers, unless said acts or omissions constitute gross negligence, recklessness or intentional misconduct. Nor shall any wireless service provider, its officers, employees, assigns, or agents be liable for any form of civil damages or criminal liability which directly or indirectly result from, or is caused by, the release of subscriber information to any governmental entity as required under the provisions of this act unless the release constitutes gross negligence, recklessness or intentional misconduct.

190.440. 1. The office of administration shall not be authorized to establish a fee pursuant to the authority granted in section 190.430 unless a ballot measure is submitted and approved by the voters of this state. The ballot measure shall be submitted by the secretary of state for approval or rejection at the general election held and conducted on the Tuesday immediately following the first Monday in November, 1998, or at a special election to be called by the governor on the ballot measure. If the measure is rejected at such general or special election, the measure may be resubmitted at each subsequent general election, or may be resubmitted at any subsequent special election called by the governor on the ballot measure, until such measure is approved.

2. The ballot of the submission shall contain, but is not limited to, the following language:

Shall the Missouri office of administration be authorized to establish a fee of up to fifty cents per month to be charged every wireless telephone number for the purpose of funding wireless enhanced 911 service?

Yes No

If you are in favor of the question, place an "X" in the box opposite "Yes". If you are opposed to the question, place an "X" in the box opposite "No".

3. If a majority of the votes cast on the ballot measure by the qualified voters voting thereon are in favor of such measure, then the office of administration shall be authorized to establish a fee pursuant to section 190.430, and the fee shall be effective on January 1, 1999, or the first day of the month occurring at least thirty days after the approval of the ballot measure. If a majority of the votes cast on the ballot measure by the qualified voters voting thereon are opposed to the measure, then the office of administration shall have no power to establish the fee unless and until the measure is approved.

Section C. Because immediate action is necessary to provide enhanced wireless service to users of 911 emergency services this section is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section B of this act shall be in full force and effect upon its passage and approval."; and

Further amend the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 6

Amend House Substitute for Senate Committee Substitute for Senate Bill No. 561, Page 1, In the title, Line 5 of said page, by deleting the word "six" and inserting in lieu thereof the word "eight"; and

Further amend said bill, Page 1, Section A, Line 11 of said page, by deleting the word "six" and inserting in lieu thereof the word "eight"; and

Further amend said bill, Page 1, Section A, Line 13 of said page, by deleting "and 1" and inserting in lieu thereof ", 1, 2 and 3"; and

Further amend said bill, Page 9, Section 1, Line 3 of said page, by inserting after all of said line the following:

"Section 2. 1. If approved by a majority of the voters voting on the proposal, a county of the first classification having a population of over nine hundred thousand inhabitants may, by ordinance, levy and impose annually, upon water service lines providing water service to residential property having four or fewer dwelling units, a fee not to exceed one dollar per month or an equivalent rate collected at some other interval.

2. The ballot of submission shall be substantially of the following form:

For the purpose of repair or replacement of water lines extending from the water main to a residential dwelling due to failure of the line or for road relocation, shall .............................. county be authorized to impose a fee not to exceed one dollar per month or an equivalent rate collected at some other interval upon all water service lines providing water service within the county to residential property having four or fewer dwelling units for the purpose of paying for the costs of necessary water service line repairs, replacements or relocations caused by improvements to public right-of-way?

YES NO

3. For the purpose of this section, a water service line may be defined by local ordinance, but may not include the water meter or exceed that portion of water piping and related valves and connectors which extends from the water mains owned by the utility or municipality distributing public water supply to the first opportunity for a connection or joint beyond the point of entry into the premises receiving water service, and may not include facilities owned by the utility or municipality distributing public water supply. For purposes of this section, repair may be defined and limited by local ordinance, and may include replacement, repairs or relocation when made necessary by improvements to public right-of-way.

4. If a majority of the voters voting thereon approve the proposal authorized in subsection 1 of this section, the governing body of the county may enact an ordinance for the collection of such fee. The funds collected pursuant to such ordinance shall be deposited in a special account to be used solely for the purpose of paying for the reasonable costs associated with and necessary to administer and carry out the water service line repairs as defined in the ordinance and, if sufficient revenues are available, to reimburse the necessary costs of water service line repair, replacement or relocation made necessary by public right-of-way improvements.

5. The county may contract with any provider of water service in the county to bill and collect such fees along with bills for water service and to pursue collection of such amounts through discontinuance of service as may be directed by the county. The county may establish, as provided in the ordinance, regulations necessary for the administration of collections, claims, repairs, relocations, replacements and all other activities necessary and convenient for the implementation of any ordinance adopted and approved pursuant to this section. The county may administer the program or may contract with one or more persons, through a competitive process, to provide for administration of any portion of implementation activities of any ordinance adopted and approved pursuant to this section, and reasonable costs of administering the program may be paid from the special account established pursuant to this section.

Section 3. The governing body of any county of the first classification having a population of over nine hundred thousand inhabitants that has assessed a fee pursuant to section 66.405 for three years shall submit to the general assembly of this state a complete financial report which shall include, but not be limited to, the total fees collected by such county pursuant to section 66.405, the funds on hand in such county resulting from the collection of fees pursuant to section 66.405 and the total expenditures of fees collected pursuant to section 66.405 on infrastructure in such county.".

HOUSE AMENDMENT NO. 7

Amend House Substitute for Senate Committee Substitute for Senate Bill No. 561, Page 9, Line 3, by inserting immediately at the end of 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 services for correctional institutions of the department of corrections to reduce call costs to called parties."; and,

Further amend said bill by conforming the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 8

Amend House Substitute for Senate Committee Substitute for Senate Bill No. 561, Page 1, In the Title, Line 5 of said page, by deleting the word "six" and inserting in lieu thereof the word "seven"; and

Further amend said bill, Page 1, Section A, Line 11 of said page, by deleting the word "six" and inserting in lieu thereof the word "seven"; and

Further amend said bill, Page 1, Section A, Line 13 of said page, by deleting "and 1" and inserting in lieu thereof ", 1 and 2"; and

Further amend said bill, Page 9, Section 1, Line 3 of said page, by inserting after all of said line the following:

"Section 2. The chief clerk of the house of representatives and the secretary of the senate shall collaborate to establish a toll-free telephone number by which citizens of Missouri may contact, without charge, state representatives and senators of the state of Missouri. Such toll-free telephone lines shall be staffed by adequate personnel to efficiently manage incoming calls. Calls to such toll-free telephone number shall be transferred to the state representative or senator that the caller indicates or, if the caller does not know with whom he or she wishes to speak, then the operator receiving the call shall determine the caller's state representative or senator and transfer such call to him or her. The cost of such toll-free telephone number shall be borne equally by the senate and the house of representatives.".

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1302 as amended and has again taken up and passed SCS for HB 1302 as amended.

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 HS for HCS for HBs 1601, 1591, 1592, 1479 and 1615 and HCS for HBs 1094, 1213. 1311 and 1428 and has taken up and passed CCS for SCS for HS for HCS for HBs 1601, 1591, 1592, 1479 and 1615 and HCS for HBs 1094, 1213, 1311 and 1428.

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 HCS for SS for SB 910 and has taken up and passed CCS for HCS for SS for SB 910, as amended.

Bill ordered enrolled.

CONFERENCE COMMITTEE REPORTS

Senator Scott, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HS for HCS for HBs 1601, 1591, 1592, 1479 and 1615 and HCS for HBs 1094, 1213, 1311 and 1428, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1601, 1591, 1592, 1479 and 1615 AND

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1094, 1213, 1311 and 1428

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, as amended, 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 Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and its position on House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428;

2. That the Senate recede from its position on Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, as amended;

3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428 be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ John E. Scott /s/ Joseph P. Treadway
/s/ Harold L. Caskey /s/ Joan Bray
/s/ Jim Mathewson /s/ James Foley
/s/ Betty Sims /s/ Charles Nordwald
Steve Ehlmann /s/ David J. Hegeman

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

YEAS--Senators
Banks Bentley Caskey Clay
Curls DePasco Graves House
Howard Jacob Johnson Lybyer
Mathewson Maxwell McKenna Mueller
Quick Russell Scott Sims
Staples Westfall Wiggins--23
NAYS--Senators
Childers Ehlmann Flotron Goode
Kenney Kinder Klarich Rohrbach
Schneider Yeckel--10
Absent--Senator Singleton--1
Absent with leave--Senators--None

On motion of Senator Scott, CCS for SCS for HS for HCS for HBs 1601, 1591, 1592, 1479 and 1615 and HCS for HBs 1094, 1213, 1311 and 1428, entitled:

CONFERENCE COMMITTEE SUBSTITUTE

FOR SENATE COMMITTEE SUBSTITUTE

FOR HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1601, 1591, 1592, 1479 and 1615

AND

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1094, 1213, 1311 and 1428

An Act to repeal sections 334.010, 334.738, 334.741, 334.742, 337.010, 337.025, 337.033, 338.055, 339.503, 339.505, 339.509, 339.511, 339.513, 339.515, 339.517, 339.519, 339.523, 339.527, 339.529, 339.530, 339.532, 339.545, 345.045, 375.022, 376.1075 and 643.040, RSMo 1994, and sections 329.140, 329.210, 329.265, 330.010, 330.045, 330.140, 334.735, 334.736, 334.740, 334.743, 334.749, 337.020, 337.029, 337.045, 337.050, 339.507, 339.710, 339.720, 339.730, 339.740, 339.770, 339.780, 339.800, 339.810, 339.820, 339.830, 339.850, 345.010, 345.015, 345.020, 345.022, 345.025, 345.030, 345.035, 345.050, 345.051, 345.055, 345.065, 345.075 and 345.080, RSMo Supp. 1997, relating to the regulation of certain professions, and to enact in lieu thereof one hundred thirty-two new sections relating to the same subject, with penalty provisions and an effective date for certain sections.

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

YEAS--Senators
Banks Bentley Caskey Clay
Curls DePasco Goode Graves
House Howard Jacob Johnson
Lybyer Mathewson Maxwell McKenna
Mueller Quick Russell Scott
Sims Staples Westfall Wiggins--24
NAYS--Senators
Childers Ehlmann Flotron Kenney
Kinder Klarich Rohrbach Schneider
Yeckel--9
Absent--Senator Singleton--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HS for HCS for SB 487, as amended: Senators Goode, Clay, Mathewson, Childers and Westfall.

CONFERENCE COMMITTEE REPORTS

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 No. 2

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 Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Bill No. 487, as amended by the attached Conference Committee Amendment No. 1, be adopted;

4. That the Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Bill No. 487, with Conference Committee Amendment No. 1, be truly agreed to and finally passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Wayne Goode /s/ Ron Auer
/s/ William Clay Charlie Fritts
/s/ Jim Mathewson /s/ Patrick J. O'Connor
/s/ Doyle Childers /s/ Ken Legan
/s/ Morris Westfall /s/ Gary Burton


CONFERENCE COMMITTEE

AMENDMENT NO. 1

Amend Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Bill No. 487, Page 1, In the Title, Lines 4-5, by striking the following: "of abandoned property"; and inserting in lieu thereof the following: "and titling procedures for motor vehicles"; and amend line 5, by striking "nine" and inserting in lieu thereof "eight"; and further amend line 6, by inserting after "subject" the following: ", with an effective date for a certain section"; and

Further amend said bill, page 1, section A, line 3, by striking "nine" and inserting in lieu thereof "eight"; and further amend line 5 of said page, by striking ", 1 and 2" and inserting in lieu thereof "and 1"; and

Further amend said bill, page 14, section 304.156, line 18 of said page, by striking the opening bracket "[" and inserting before the word "Any" an "opening bracket "["; and

Further amend said bill, pages 35-36, section 1, by striking all of said section; and

Further amend said bill, page 36, section 2, line 7, by striking: "Section 2" and inserting in lieu thereof the following: "Section 1."; and further amend line 21 of said page, by inserting after all of said line the following:

"Section B. The repeal and reenactment of section 301.640 shall be effective upon January 1, 1999.".

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 Graves House Howard
Jacob Johnson Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Russell Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senators
Flotron Kenney Kinder--3
Absent--Senator Schneider--1
Absent with leave--Senators--None

On motion of Senator Goode, CCS for HS for HCS for SB 487, as amended by the conference committee report, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

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
Bentley Caskey Childers Clay
DePasco Ehlmann Goode House
Howard Jacob Johnson Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Russell Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--26
NAYS--Senators
Flotron Graves Kenney Kinder
Klarich--5
Absent--Senators
Banks Curls Schneider--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 Wiggins moved that the Senate refuse to recede from its position on SS for SCS for HB 1507, as amended, and grant the House a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SS for SCS for HB 1507, as amended: Senators Wiggins, Quick, Schneider, Flotron and Russell.

President Pro Tem McKenna ruled the pending point of order raised by Senator Caskey regarding Senator Graves being recognized to speak on CCS for HS for HCS for SS for SCS for SB 781 not well taken.

Senator Graves continued to speak on CCS for HS for HCS for SS for SCS for SB 781.

On motion of Senator House, CCS for HS for HCS for SS for SCS for SB 781, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 781

An Act to repeal sections 160.526, 160.538, 161.527, 162.081, 162.571, 162.581, 162.601, 162.621, 162.935, 163.161, 166.260, and 168.221, RSMo 1994, and sections 160.011, 163.011, 163.021, 163.031, 165.011, 165.016, 166.275, 170.250 and 178.930, RSMo Supp. 1997, relating to education, and to enact in lieu thereof thirty-nine new sections relating to the same subject, with a contingent effective date for certain sections.

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

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

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

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

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

HOUSE BILLS ON THIRD READING

Senator Maxwell moved that HS for HCS for HBs 1405, 1109 and 1335, with SCS, SS for SCS and SA 3 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SA 3 was again taken up.

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

Senator Klarich offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1405, 1109 and 1335, Page 10, Section 2, Line 9 of said page, by inserting after the word "team" the following: "consisting of no more than seven members, at least one from the department of corrections and the department of health, and".

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

Senator Klarich offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1405, 1109 and 1335, Page 12, Section 4, Line 22 of said page, by inserting after the word "RSMo" the following: ", who was not a member of the multidisciplinary team that previously reviewed the person's records".

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

Senator Maxwell offered SA 6, which was read:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1405, 1109 and 1335, Page 11, Section 3, Line 12, by inserting after the word "allegation." the following: "A copy of the assessment of the multidisciplinary team must be filed with the petition."; and

Further amend said bill, page 12, section 4, line 15 of said page, by inserting after "file" the following ", including the assessment of the multidisciplinary team".

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

Senator Maxwell moved that SS for SCS for HS for HCS for HBs 1405, 1109 and 1335, as amended, be adopted, which motion prevailed.

On motion of Senator Maxwell, SS for SCS for HS for HCS for HBs 1405, 1109 and 1335, as amended, was read the 3rd time and passed by the following vote:

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

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

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

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

PRIVILEGED MOTIONS

Senator McKenna moved that the Senate refuse to concur in HS for HCS for SB 619, as amended, and request the House to recede from its position or failing to do so, grant the Senate a conference thereon and that the conferees be allowed to exceed the differences on HSA 1 for HA 2, which motion prevailed.

CONFERENCE COMMITTEE REPORTS

Senator McKenna, on behalf of the conference committee appointed to act with a like committee from the House on HS for HCS for SCS for SBs 614, 696, 906, 530, 912 and 914, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 614, 696, 906, 530, 912 and 914

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 614, 696, 906, 530, 912 and 914, as amended, 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 Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 614, 696, 906, 530, 912 and 914, as amended;

2. That the Senate recede from its position on Senate Committee Substitute for Senate Bills Nos. 614, 696, 906, 530, 912 and 914, as amended;

3. That the attached Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 614, 696, 906, 530, 912 and 914, as amended, be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ Bill McKenna /s/ Brian May
/s/John D. Schneider /s/ Jim O'Toole
/s/ John E. Scott /s/ Ralph Monaco
/s/ Franc Flotron /s/ Mark Richardson
/s/ John T. Russell /s/ Don Summers

Senator McKenna 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 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

On motion of Senator McKenna, CCS for HS for HCS for SCS for SBs 614, 696, 906, 530, 912 and 914, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 614, 696, 906, 530, 912 & 914

An Act to repeal sections 57.130, 138.430, 196.790, 211.031, 211.331, 426.220, 426.230, 441.500, 441.510, 441.530, 441.550, 441.570, 441.580, 441.590, 441.610, 441.620, 441.630, 441.640, 441.641, 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, 82.1025, 105.464, 211.447, 441.520, 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 fifty-eight new sections relating to the judiciary, 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 Ehlmann
Flotron Goode Graves House
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Jacob--1
Absent with leave--Senators--None

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

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

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

Senator McKenna, on behalf of the conference committee appointed to act with a like committee from the House on SS for SCS for HS for HCS for HB 1095, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1095

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, with Senate Amendment No. 1, Senate Amendment No. 1 to Senate Amendment No. 2, Senate Amendment No. 2, as amended, Senate Amendment No. 4, Senate Amendment No. 5, Senate Amendment No. 6, Senate Amendment No. 7, Senate Amendment No. 8, Senate Amendment No. 9, Senate Amendment No. 10, Senate Amendment No. 11, Senate Amendment No. 12, Senate Amendment No. 13, Senate Amendment No. 14, Senate Amendment No. 15 and Senate Amendment No. 17; 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 Senate recede from its position on Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095, as amended;

2. That the House recede from its position on House Substitute for House Committee Substitute for House Bill No. 1095;

3. That the attached Conference Committee Substitute for Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095 be adopted; and

4. That the Conference Committee Substitute for Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095 be third read and finally passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Bill McKenna /s/ Philip Smith
/s/ John E. Scott /s/ Steve Gaw
/s/ Jim Mathewson /s/ D. J. Davis
/s/ Steve Ehlmann /s/ Ken Legan
/s/ Doyle Childers /s/ T. Mark Elliott


Senator McKenna moved that the above conference committee report be adopted.

Senator Kinder offered a substitute motion that the Senate refuse to concur in the conference committee report and request the House to grant further conference and that the Senate conferees be instructed to delete the language regarding the student representative attending closed sessions.

At the request of Senator Kinder, the above substitute motion was withdrawn.

At the request of Senator McKenna, the motion to adopt the conference committee report was withdrawn.

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 HB 1507: Representatives: Bray, Van Zandt, Schilling, Gibbons and Hegeman.

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 SS for SCS for SBs 583 and 645, entitled:

An Act relating to the common language of the state.

With House Amendment No. 1 to House Amendment No. 1, House Amendment No. 1, as amended, House Amendment No. 2.

HOUSE AMENDMENT NO. 1

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 583 and 645, Page 3, Section 5, Line 6 by inserting after said line the following:

"Section 6. Subject to appropriation from general revenue, the department of elementary and secondary education shall provide technical assistance, upon request, to public elementary and secondary schools teaching a foreign language to students."; and

Further amend the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 1 TO

HOUSE AMENDMENT NO. 1

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 583, Page 3, Section 6, Line 3, by inserting after the word "assistance", "and educational materials".

HOUSE AMENDMENT NO. 2

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 583 & 645, Page 2, Section 3, Line 20, by inserting after the word "classes": "and provide instructional material".

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 674, entitled:

An Act to repeal sections 376.816 and 453.160, RSMo 1994, and sections 192.016, 211.444, 211.464, 452.402, 453.025, 453.030, 453.040, 453.060, 453.070, 453.075, 453.077, 453.080, 453.112 and 453.170, RSMo Supp. 1997, relating to adoption, and to enact in lieu thereof fifteen new sections relating to the same subject.

With House Amendments Nos. 1 and 2.

HOUSE AMENDMENT NO. 1

Amend House Committee Substitute for Senate Bill No. 674, Page 7, Section 453.030, Line 82, by inserting after the word "pay" the word "reasonable"; and

Further amend said bill, Page 6, Section 453.030, Lines 55 and 56, by deleting the words "the effective date of this section" and inserting in lieu thereof the following: "August 28, 1997,"; and

Further amend said bill, Page 7, Section 453.030, Line 83, by deleting the numbers "[12] 11" and inserting in lieu thereof the number "12"; and

Further amend said bill, Page 9, Section 453.070, Line 19, by deleting the words "the effective date of this section" and inserting in lieu thereof the following: "August 28, 1997,"; and

Further amend said bill, Page 11, 453.077, Line 8, by deleting the words "the effective date of this section" and inserting in lieu thereof the following: "August 28, 1997,".

HOUSE AMENDMENT NO. 2

Amend House Committee Substitute for Senate Bill No. 674, Page 1, In the Title, Lines 2 to 5, by deleting all of said lines and inserting in lieu thereof the following: "To repeal sections 210.720, 211.183, 376.816 and 453.160, RSMo 1994, and sections 192.016, 211.171, 211.444, 211.447, 211.464, 452.402, 453.025, 453.030, 453.040, 453.060, 453.070, 453.075, 453.077, 453.080, 453.112 and 453.170, RSMo Supp. 1997, and to enact in lieu thereof twenty new sections for the purpose of complying with the federal mandates and providing permanency for children in alternative care, with an emergency clause for certain sections."; and

Further amend said bill, Page 13, Section 453.170, Line 19, by inserting after all of said lines the following:

"Section B. Sections 210.720 and 211.183, RSMo 1994, and sections 211.171, 211.447 and 453.010, RSMo Supp. 1997, are repealed and five new sections enacted in lieu thereof, to be known as sections 210.720, 211.171, 211.183, 211.447 and 453.010, to read as follows:

210.720. 1. In the case of a child who has been placed in the custody of [an] the division of family services in accordance with subdivision (17) of subsection 1 of section 207.020, RSMo, or another authorized agency by a court or who has been placed in foster care by a court, every six months after the placement, the foster family, group home, agency, or child care institution with which the child is placed shall file with the court a written report on the status of the child[, and]. The court shall review the report and shall hold a [dispositional] permanency hearing within [eighteen] twelve months of initial placement and at least annually thereafter. The [dispositional] permanency hearing shall be for the purpose of determining in accordance with the best interests of the child a permanent plan for the placement of the child, including whether or not the child should be continued in foster care or whether the child should be returned to a parent, guardian or relative, or whether or not proceedings should be instituted by either the juvenile officer or the division to terminate parental rights and legally free such child for adoption.

2. In such [dispositional] permanency hearings the court shall consider all relevant factors including:

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

(2) The child's adjustment to his or her foster home, school and community;

(3) The mental and physical health of all individuals involved, including any history of abuse of any individuals involved; and

(4) The needs of the child for a continuing relationship with [his] the child's parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child.

3. The judge shall make written findings of fact and conclusions of law in any [final disposition] order pertaining to the placement of the child.

211.171. 1. The procedure to be followed at the hearing shall be determined by the juvenile court judge and may be as formal or informal as he or she considers desirable. [He] The judge may take testimony and inquire into the habits, surroundings, conditions and tendencies of the child and the family to enable the court to render such order or judgment as will best promote the welfare of the child and carry out the objectives of this chapter.

2. The hearing may, in the discretion of the court, proceed in the absence of the child and may be adjourned from time to time.

3. The current foster parents of a child, or any preadoptive parent or relative currently providing care for the child, shall be provided with notice of, and an opportunity to be heard in, any permanency or other review hearing to be held with respect to the child. This subsection shall not be construed to require that any such foster parent, preadoptive parent or relative providing care for a child be made a party to the case solely on the basis of such notice and opportunity to be heard.

4. All cases of children shall be heard separately from the trial of cases against adults.

[4.] 5. Stenographic notes or an authorized recording of the hearing shall be required if the court so orders or if requested by any party interested in the proceeding.

[5.] 6. The general public shall be excluded and only such persons admitted as have a direct interest in the case or in the work of the court except in cases where the child is accused of conduct which, if committed by an adult, would be considered a class A or B felony; or for conduct which would be considered a class C felony, if the child has previously been formally adjudicated for the commission of two or more unrelated acts which would have been class A, B or C felonies, if committed by an adult.

[6.] 7. The practice and procedure customary in proceedings in equity shall govern all proceedings in the juvenile court.

[7.] 8. The court shall allow the victim of any offense to submit a written statement to the court. The court shall allow the victim to appear before the court personally or by counsel for the purpose of making a statement, unless the court finds that the presence of the victim would not serve justice. The statement shall relate solely to the facts of the case and any personal injuries or financial loss incurred by the victim. A member of the immediate family of the victim may appear personally or by counsel to make a statement if the victim has died or is otherwise unable to appear as a result of the offense committed by the child.

211.183. 1. In juvenile court proceedings regarding the removal of a child from his or her home, the [order of disposition] court's order shall include a determination of whether the division of family services has made reasonable efforts to prevent or eliminate the need for removal of the child and, after removal, to make it possible for the child to return home. If the first contact with the family occurred during an emergency in which the child could not safely remain at home even with reasonable in-home services, the division shall be deemed to have made reasonable efforts to prevent or eliminate the need for removal.

2. "Reasonable efforts" means the exercise of reasonable diligence and care by the division to utilize all available services related to meeting the needs of the juvenile and the family. In determining reasonable efforts to be made and in making such reasonable efforts, the child's present and ongoing health and safety shall be the paramount consideration.

3. In support of its determination of whether reasonable efforts have been made, the court shall enter findings, including a brief description of what preventive or reunification efforts were made and why further efforts could or could not have prevented or shortened the separation of the family. The division shall have the burden of demonstrating reasonable efforts.

4. The juvenile court may authorize the removal of the child even if the preventive and reunification efforts of the division have not been reasonable, but further efforts could not permit the child to remain at home.

5. Before a child may be removed from the parent, guardian, or custodian of the child by order of a juvenile court, excluding commitments to the division of youth services, the court shall in its orders:

(1) State whether removal of the child is necessary to protect the child and the reasons therefor;

(2) Describe the services available to the family before removal of the child, including in-home services;

(3) Describe the efforts made to provide those services relevant to the needs of the family before the removal of the child;

(4) State why efforts made to provide family services described did not prevent removal of the child; and

(5) State whether efforts made to prevent removal of the child were reasonable, based upon the needs of the family and child.

6. If continuation of reasonable efforts, as described in this section, is determined by the division to be inconsistent with establishing a permanent placement for the child, the division shall take such steps as are deemed necessary by the division, including seeking modification of any court order to modify the permanency plan for the child.

7. The division shall not be required to make reasonable efforts, as defined in this section, but has the discretion to make reasonable efforts if a court of competent jurisdiction has determined that:

(1) The parent has subjected the child to a severe act or recurrent acts of physical, emotional or sexual abuse toward the child, including an act of incest; or

(2) The parent has:

(a) Committed murder of another child of the parent;

(b) Committed voluntary manslaughter of another child of the parent;

(c) Aided or abetted, attempted, conspired or solicited to commit such a murder or voluntary manslaughter; or

(d) Committed a felony assault that resulted in serious bodily injury to the child or to another child of the parent; or

(3) The parent's parental rights to a sibling have been involuntarily terminated.

8. If the court determines that reasonable efforts, as described in this section, are not required to be made by the division, the court shall hold a permanency hearing within thirty days after the court has made such determination. The division shall complete whatever steps are necessary to finalize the permanent placement of the child.

9. The division may concurrently engage in reasonable efforts, as described in this section, while engaging in such other measures as are deemed appropriate by the division to establish a permanent placement for the child.

211.447. 1. Any information that could justify the filing of a petition to terminate parental rights may be referred to the juvenile officer by any person. The juvenile officer shall make a preliminary inquiry and [may file a petition to terminate parental rights.] if it does not appear to the juvenile officer that a petition should be filed, such officer shall so notify the informant in writing within thirty days of the referral. Such notification shall include the reasons that the petition will not be filed. Thereupon, the informant may bring the matter directly to the attention of the judge of the juvenile court by presenting the information in writing, and if it appears to the judge that the information could justify the filing of a petition, the judge may order the juvenile officer to take further action, including making a further preliminary inquiry or filing a petition.

2. [The juvenile court may terminate the rights of a parent to a child upon a petition filed by the juvenile officer, or in adoption cases, by a prospective parent, if the court finds that the termination is in the best interests of the child and when it appears by clear, cogent and convincing evidence that one or more of the following grounds for termination exist:] Except as provided for in subsection 3 of this section, a petition to terminate the parental rights of the child's parent or parents shall be filed by the juvenile officer or the division, or if such a petition has been filed by another party, the juvenile officer or the division shall seek to be joined as a party to the petition, when:

(1) Information available to the juvenile officer or the division establishes that the child has been in foster care for at least fifteen of the most recent twenty-two months; or

(2) A court of competent jurisdiction has determined the child to be an abandoned infant. For purposes of this subdivision, an "infant" means any child one year of age or under at the time of filing of the petition. The court may find that an infant has been abandoned if:

(a) The parent has left the child under circumstances that the identity of the child was unknown and could not be ascertained, despite diligent searching, and the parent has not come forward to claim the child; or

(b) The parent has, without good cause, left the child without any provision for parental support and without making arrangements to visit or communicate with the child, although able to do so; or

(3) A court of competent jurisdiction has determined that the parent has:

(a) Committed murder of another child of the parent; or

(b) Committed voluntary manslaughter of another child of the parent; or

(c) Aided or abetted, attempted, conspired or solicited to commit such a murder or voluntary manslaughter; or

(d) Committed a felony assault that resulted in serious bodily injury to the child or to another child of the parent.

3. If grounds exist for termination of parental rights pursuant to subsection 2 of this section, the juvenile officer or the division may, but is not required to, file a petition to terminate the parental rights of the child's parent or parents if:

(1) The child is being cared for by a relative; or

(2) There exists a compelling reason for determining that filing such a petition would not be in the best interest of the child, as documented in the permanency plan which shall be made available for court review; or

(3) The family of the child has not been provided such services as provided for in section 211.183.

4. The juvenile officer or the division may file a petition to terminate the parental rights of the child's parent when it appears that one or more of the following grounds for termination exist:

(1) The child has been abandoned. For purposes of this subdivision a "child" means any child over one year of age at the time of filing of the petition. The court shall find that the child has been abandoned if, for a period of six months or longer [for a child over one year of age or a period of sixty days or longer for a child under one year of age at the time of the filing of the petition]:

(a) The parent has left the child under such circumstances that the identity of the child was unknown and could not be ascertained, despite diligent searching, and the parent has not come forward to claim the child; or

(b) The parent has, without good cause, left the child without any provision for parental support and without making arrangements to visit or communicate with the child, although able to do so;

(2) The child has been abused or neglected. In determining whether to terminate parental rights [under] pursuant to this subdivision, the court shall consider and make findings on the following conditions or acts of the parent:

(a) A mental condition which is shown by competent evidence either to be permanent or such that there is no reasonable likelihood that the condition can be reversed and which renders the parent unable to knowingly provide the child the necessary care, custody and control;

(b) Chemical dependency which prevents the parent from consistently providing the necessary care, custody and control of the child and which cannot be treated so as to enable the parent to consistently provide such care, custody and control;

(c) A severe act or recurrent acts of physical, emotional or sexual abuse toward the child or any child in the family by the parent, including an act of incest, or by another under circumstances that indicate that the parent knew or should have known that such acts were being committed toward the child or any child in the family; or

(d) Repeated or continuous failure by the parent, although physically or financially able, to provide the child with adequate food, clothing, shelter, or education as defined by law, or other care and control necessary for the child's physical, mental, or emotional health and development;

(3) The child has been under the jurisdiction of the juvenile court for a period of one year, and the court finds that the conditions which led to the assumption of jurisdiction still persist, or conditions of a potentially harmful nature continue to exist, that there is little likelihood that those conditions will be remedied at an early date so that the child can be returned to the parent in the near future, or the continuation of the parent-child relationship greatly diminishes the child's prospects for early integration into a stable and permanent home. In determining whether to terminate parental rights under this subdivision, the court shall consider and make findings on the following:

(a) The terms of a social service plan entered into by the parent and the division and the extent to which the parties have made progress in complying with those terms;

(b) The success or failure of the efforts of the juvenile officer, the division or other agency to aid the parent on a continuing basis in adjusting his circumstances or conduct to provide a proper home for the child;

(c) A mental condition which is shown by competent evidence either to be permanent or such that there is no reasonable likelihood that the condition can be reversed and which renders the parent unable to knowingly provide the child the necessary care, custody and control;

(d) Chemical dependency which prevents the parent from consistently providing the necessary care, custody and control over the child and which cannot be treated so as to enable the parent to consistently provide such care, custody and control; or

(4) The parent has been found guilty or pled guilty to a felony violation of chapter 566, RSMo, when the child or any child in the family was a victim, or a violation of section 568.020, RSMo, when the child or any child in the family was a victim. As used in this subdivision, a child means any person who was under eighteen years of age at the time of the crime and who resided with such parent or was related within the third degree of consanguinity or affinity to such parent; or

(5) The child was conceived and born as a result of an act of forcible rape. When the biological father has pled guilty to, or is convicted of, the forcible rape of the birth mother, such a plea or conviction shall be conclusive evidence supporting the termination of the biological father's parental rights; or

(6) The parent is unfit to be a party to the parent and child relationship because of a consistent pattern of committing a specific abuse, including but not limited to, abuses as defined in section 455.010, RSMo, child abuse or drug abuse before the child or of specific conditions directly relating to the parent and child relationship either of which are determined by the court to be of a duration or nature that renders the parent unable, for the reasonably foreseeable future, to care appropriately for the ongoing physical, mental or emotional needs of the child. It is presumed that a parent is unfit to be a party to the parent-child relationship upon a showing that within a three-year period immediately prior to the termination adjudication, the parent's parental rights to one or more other children were involuntarily terminated [under] pursuant to subsection 2 or 3 of this section or subdivisions (1), (2), (3) or (4) of subsection 4 of this section or similar laws of other states.

5. The juvenile court may terminate the rights of a parent to a child upon a petition filed by the juvenile officer or the division, or in adoption cases, by a prospective parent, if the court finds that the termination is in the best interest of the child and when it appears by clear, cogent and convincing evidence that grounds exist for termination pursuant to subsection 2, 3 or 4 of this section.

[3.] 6. When considering whether to terminate the parent-child relationship pursuant to [subdivision (1), (2), (3), (4) or (5) of subsection 2] subsection 2 or 3 of this section or subdivision (1), (2), (3) or (4) of subsection 4 of this section, the court shall evaluate and make findings on the following factors, when appropriate and applicable to the case:

(1) The emotional ties to the birth parent;

(2) The extent to which the parent has maintained regular visitation or other contact with the child;

(3) The extent of payment by the parent for the cost of care and maintenance of the child when financially able to do so including the time that the child is in the custody of the division or other child-placing agency;

(4) Whether additional services would be likely to bring about lasting parental adjustment enabling a return of the child to the parent within an ascertainable period of time;

(5) The parent's disinterest in or lack of commitment to the child;

(6) The conviction of the parent of a felony offense that the court finds is of such a nature that the child will be deprived of a stable home for a period of years; provided, however, that incarceration in and of itself shall not be grounds for termination of parental rights;

(7) Deliberate acts of the parent or acts of another of which the parent knew or should have known that subjects the child to a substantial risk of physical or mental harm.

[4.] 7. The court may attach little or no weight to infrequent visitations, communications, or contributions. It is irrelevant in a termination proceeding that the maintenance of the parent-child relationship may serve as an inducement for the parent's rehabilitation.

[5.] 8. In actions for adoption [under] pursuant to chapter 453, RSMo, the court may hear and determine the issues raised in a petition for adoption containing a prayer for termination of parental rights filed with the same effect as a petition permitted [under subsection 2] pursuant to subsection 2, 3 or 4 of this section.

453.010. 1. Unless the person sought to be adopted is a child who is under the prior and continuing jurisdiction of a court pursuant to the provisions of chapter 211, RSMo, any person desiring to adopt another person as his or her child shall petition the juvenile division of the circuit court of the county in which:

(1) The person seeking to adopt resides;

(2) The child sought to be adopted was born;

(3) The child is located at the time of the filing of the petition; or

(4) Either birth person resides.

2. A petition to adopt shall not be dismissed or denied on the grounds that the petitioner is not domiciled or does not reside in any of the venues set forth in subdivision (2), (3) or (4) of subsection 1 of this section.

3. If the person sought to be adopted is a child who is under the prior and continuing jurisdiction of a court pursuant to the provision of chapter 211, RSMo, any person desiring to adopt such person as his or her child shall petition the juvenile division of the circuit court which has jurisdiction over the child for permission to adopt such person as his or her child. Upon receipt of a motion from the petitioner and consent of the receiving court, the juvenile division of the circuit court which has jurisdiction over the child may transfer jurisdiction to the juvenile division of a circuit court within any of the alternative venues set forth in subsection 1 of this section.

[3.] 4. If the petitioner has a spouse living and competent to join in the petition, such spouse may join therein, and in such case the adoption shall be by them jointly. If such a spouse does not join the petition the court in its discretion may, after a hearing, order such joinder, and if such order is not complied with may dismiss the petition.

[4.] 5. Upon receipt of a properly filed petition, a court, as defined in section 453.010, shall hear [said] such petition in a timely fashion. A court or any child placing agency shall not deny or delay the placement of a child for adoption when an approved family is available, regardless of the approved family's residence or domicile.

Section C. Because immediate action is necessary to comply with changes in the federal law section B of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect on July 1, 1998, or upon its passage and approval, whichever later occurs.".

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SS for SB 792, entitled:

An Act to repeal sections 408.100, 408.200, 408.232, 408.233, 408.551 and 490.250, RSMo 1994, and sections 362.413, 408.140, 427.125 and 473.543, RSMo Supp. 1997, relating to financial transactions, and to enact in lieu thereof sixteen new sections relating to the same subject.

With House Amendment No. 1.

HOUSE AMENDMENT NO. 1

Amend House Committee Substitute for Senate Substitute for Senate Bill No. 792, Page 2, Section 30.255, Line 13, by inserting immediately at the end of said line the following, "In the event that a financial institution is not required to comply with the community reinvestment act, the state treasurer shall not use that fact, either favorable or negatively, in depositing, continuing a demand deposit, or reissuing a demand deposit of state funds.".

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SCS for SB 922, entitled:

An Act to repeal sections 288.126, 288.150 and 288.290, RSMo 1994, and sections 288.034, 288.090, 288.130, 288.160 and 288.380, RSMo Supp. 1997, relating to employment security, and to enact in lieu thereof eight new sections relating to the same subject, with penalty provisions and an effective date.

With House Amendment No. 1.

HOUSE AMENDMENT NO. 1

Amend House Committee Substitute for Senate Committee Substitute for Senate Bill No. 922, Page 13, Section 288.090, Line 109, by deleting after the word "assess" the word "as".

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for SCS for SB 659, entitled:

An Act to repeal sections 43.150, 57.201, 57.220, 57.221 and 57.251, RSMo 1994, and sections 43.050 and 57.250, RSMo Supp. 1997,

relating to law enforcement officers, and to enact in lieu thereof eight new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

RESOLUTIONS

Senator McKenna offered Senate Resolution No. 1941, regarding David Patrick Czarnecki, Arnold, which was adopted.

On motion of Senator Quick, the Senate adjourned until 9:30 a.m., Friday, May 15, 1998.