Journal of the Senate

SECOND REGULAR SESSION


SEVENTY-THIRD DAY--FRIDAY, MAY 15, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, in January, this day seemed a long way off. We started with many hopes and great expectations. Thank You for all the good things that have happened to us, for the lives that have been touched, the help provided, the friendships strengthened and for Your watchcare over us. We pray for Your guidance today to finish the job we have been given to do. 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.

RESOLUTIONS

Senator Mueller offered Senate Resolution No. 1942, regarding Mrs. Carol L. Osterloh, which was adopted.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which were referred HS for HCS for HB 1656, with SCS and HS for HCS for HB 971, with SCS, begs leave to report that it has considered the same and recommends that the bills do pass.

HOUSE BILLS ON THIRD READING

HS for HCS for HB 971, with SCS, entitled:

An Act to repeal section 211.393, RSMo Supp. 1997, relating to juvenile court personnel, and to enact in lieu thereof three new sections relating to the same subject, with an effective date.

Was taken up by Senator Caskey.

SCS for HS for HCS for HB 971, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 971

An Act to repeal sections 211.156 and 287.815, RSMo 1994, and section 211.393, RSMo Supp. 1997, relating to compensation for public agencies and employees, and to enact in lieu thereof six new sections relating to the same subject, with an effective date for certain sections.

Was taken up.

Senator Caskey moved that SCS for HS for HCS for HB 971 be adopted.

Senator Caskey offered SS for SCS for HS for HCS for HB 971, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 971

An Act to repeal sections 211.156 and 287.815, RSMo 1994, sections 211.393, 287.812 and 360.015, RSMo Supp. 1997, and section 2 of senate substitute for senate committee substitute for house substitute for house committee substitute for house bills nos. 1455 and 1463 as truly agreed to and finally passed by the second regular session of the eighty-ninth general assembly, relating to compensation for public agencies and employees, and to enact in lieu thereof nine new sections relating to the same subject, with an effective date for certain sections and an emergency clause for certain sections.

Senator Caskey moved that SS for SCS for HS for HCS for HB 971 be adopted, which motion prevailed

Senator Scott assumed the Chair.

On motion of Senator Caskey, SS for SCS for HS for HCS for HB 971 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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.

PRIVILEGED MOTIONS

Senator McKenna moved that the Senate refuse to concur in the conference committee report on SS for SCS for HS for HCS for HB 1095, as amended, and request the House to grant further conference, which motion prevailed.

HOUSE BILLS ON THIRD READING

HS for HCS for HB 1656, with SCS, entitled:

An Act to repeal section 135.408, RSMo 1994, section 215.030, RSMo Supp. 1997, and sections 100.840, 135.403, 135.405 and 135.503, as enacted by senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly and approved by the governor, and to enact in lieu thereof ten new sections for the purpose of providing tax relief in distressed communities.

Was taken up by Senator Mathewson.

SCS for HS for HCS for HB 1656, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1656

An Act to repeal sections 92.336 and 135.408, RSMo 1994, sections 100.710, 100.850, 135.110 and 215.030, RSMo Supp. 1997, and sections 135.403, 135.405, 253.550, 253.557 and 253.559, as enacted by senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly and approved by the governor, and to enact in lieu thereof thirty-seven new sections for the purpose of providing tax relief in distressed communities, with an effective date.

Was taken up.

Senator Mathewson moved that SCS for HS for HCS for HB 1656 be adopted.

Senator Mathewson offered SS for SCS for HS for HCS for HB 1656, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1656

An Act to repeal sections 100.010, 348.300, 348.302 and 348.314, RSMo 1994, sections 100.710, 100.850, 135.110 and 215.030, RSMo Supp. 1997, and sections 135.403, 135.405 and 135.503, as enacted by senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly and approved by the governor, and to enact in lieu thereof thirty-five new sections for the purpose of providing tax relief in distressed communities, with an effective date.

Senator Mathewson moved that SS for SCS for HS for HCS for HB 1656 be adopted.

Senator Flotron offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1656, Page 31, Section 135.503, Line 8 of page 31, by inserting immediately after all of said line the following:

"135.326. As used in sections 135.325 to 135.339, the following terms shall mean:

(1) "Business entity", person, firm, a partner in a firm, corporation or a shareholder in an S corporation doing business in the state of Missouri and subject to the state income tax imposed by the provisions of chapter 143, RSMo, or a corporation subject to the annual corporation franchise tax imposed by the provisions of chapter 147, RSMo, or an insurance company paying an annual tax on its gross premium receipts in this state, or other financial institution paying taxes to the state of Missouri or any political subdivision of this state under the provisions of chapter 148, RSMo, or an express company which pays an annual tax on its gross receipts in this state pursuant to chapter 153, RSMo;

(2) "Handicap", a mental, physical, or emotional impairment that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury or disease, and where the impairment is verified by medical findings;

(3) "Nonrecurring adoption expenses", reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to the legal adoption of a special needs child and which are not incurred in violation of federal, state, or local law;

(4) "Special needs child", a child for whom it has been determined by the division of family services, or by a child placing agency licensed by the state, or by a court of competent jurisdiction to be a child:

(a) That cannot or should not be returned to the home of his or her parents; [and] or

(b) Who has a specific factor or condition such as ethnic background, residency in a distressed community as defined in section 135.530, age, membership in a minority or sibling group, medical condition, or handicap because of which it is reasonable to conclude that such child cannot be easily placed with adoptive parents; [and] or

(c) Except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents;

(5) "State tax liability", any liability incurred by a taxpayer under the provisions of chapter 143, RSMo, chapter 147, RSMo, chapter 148, RSMo, and chapter 153, RSMo, exclusive of the provisions relating to the withholding of tax as provided for in sections 143.191 to 143.265, RSMo, and related provisions.

135.327. 1. Any person residing in this state who [legally adopts] proceeds in good faith with the adoption of a special needs child on or after January 1, [1988] 1999, shall be eligible to receive a tax credit of up to ten thousand dollars for nonrecurring adoption expenses for each child [adopted] that may be applied to taxes due under chapter 143, RSMo. Any business entity providing funds to an employee to enable that employee to [legally adopt] proceed in good faith with the adoption of a special needs child shall be eligible to receive a tax credit of up to ten thousand dollars for nonrecurring adoption expenses for each child [adopted] that may be applied to taxes due under such business entity's state tax liability, except that only one ten thousand dollar credit is available for each special needs child that is adopted.

2. Individuals and business entities may claim a tax credit for their total nonrecurring adoption expenses in each year that the expenses are incurred. A claim for fifty percent of the credit shall be allowed when the child is placed in the home. A claim for the remaining fifty percent shall be allowed when the adoption is final. The total of these tax credits shall not exceed the maximum limit of ten thousand dollars per child. The cumulative amount of tax credits which may be claimed by taxpayers for nonrecurring adoption expenses in any one fiscal year shall not exceed two million dollars.

3. Notwithstanding any provision of law to the contrary, any individual or business entity may assign tax credits allowed in this section to the not for profit organization involved in the adoption proceedings.

135.333. 1. Any amount of tax credit which exceeds the tax due shall not be refunded but may be carried over to any subsequent taxable year, not to exceed a total of five years for which a tax credit may be taken for each child adopted.

2. Tax credits that are assigned to not for profit organizations as allowed in section 135.326, RSMo, may be assigned in their entirety notwithstanding the taxpayer's tax due."; and

Further amend the title and enacting clause accordingly.

Senator Flotron moved that the above amendment be adopted.

Senator Mathewson raised the point of order that SA 1 is out of order in that it goes beyond the scope and purpose of the bill.

The point of order was referred to the President Pro Tem, who ruled it well taken.

Senator Bentley offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1656, Page 23, Section 135.110, Line 6, by inserting immediately after said line the following:

"135.200. The following terms, whenever used in sections 135.200 to 135.256, mean:

(1) "Department", the department of economic development;

(2) "Director", the director of the department of economic development;

(3) "Facility", any building used as a revenue producing enterprise located within an enterprise zone, including the land on which the facility is located and all machinery, equipment and other real and depreciable tangible personal property acquired for use at and located at or within such facility and used in connection with the operation of such facility;

(4) "Governing authority", the body holding primary legislative authority over a county or incorporated municipality;

(5) "New business facility" shall have the meaning defined in section 135.100, except that the term "lease" as used therein shall not include the leasing of property defined in paragraph (d) of subdivision (6) of this section;

(6) "Revenue producing enterprise", means:

(a) Manufacturing activities classified as SICs 20 through 39;

(b) Agricultural activities classified as SIC 025;

(c) Rail transportation terminal activities classified as SIC 4013;

(d) Renting or leasing of residential property to low and moderate income persons as defined in federal law, 42 U.S.C. 5302(a)(20);

(e) Motor freight transportation terminal activities classified as SIC 4231;

(f) Public warehousing and storage activities classified as SICs 422 and 423 except SIC 4221, miniwarehouse warehousing and warehousing self-storage;

(g) Water transportation terminal activities classified as SIC 4491;

(h) Wholesale trade activities classified as SICs 50 and 51;

(i) Insurance carriers activities classified as SICs 631, 632 and 633;

(j) Research and development activities classified as SIC 873, except 8733;

(k) Farm implement dealer activities classified as SIC 5999;

(l) Employment agency activities classified as SIC 7361;

(m) Computer programming, data processing and other computer related activities classified as SIC 737;

(n) Health service activities classified as SICs 801, 802, 803, 804, 806, 807, 8092 and 8093;

(o) Interexchange telecommunications as defined in subdivision (20) of section 386.020, RSMo, or training activities conducted by an interexchange telecommunications company as defined in subdivision (19) of section 386.020, RSMo;

(p) Recycling activities classified as SIC 5093;

(q) Banking activities classified as SICs 602 and 603;

(r) Office activities as defined in subdivision (8) of section 135.100, notwithstanding SIC classification;

(s) Mining activities classified as SICs 10 through 14;

(t) Photofinishing laboratory activities classified in SIC 7384 and microfilm recording and developing services as contained in SIC classification 7389, provided that each such revenue producing enterprise employs a minimum of one hundred employees at a single business facility;

(u) The administrative management of any of the foregoing activities; or

[(u)] (v) Any combination of any of the foregoing activities;

(7) "Satellite zone", a noncontiguous addition to an existing state designated enterprise zone;

(8) "SIC", the standard industrial classification as such classifications are defined in the 1987 edition of the Standard Industrial Classification Manual as prepared by the Executive Office of the President, Office of Management and Budget."; and

Further amend the title and enacting clause accordingly.

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

Senator Rohrbach offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1656, Pages 48-58, Sections 1-14, by deleting all of said sections.

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

Senator Rohrbach offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1656, Page 31, Section 135.530, Line 10 of said page, by deleting on said line the word "either"; and

Further amend said bill, page and section, line 10 and 11 of said page, by deleting on said lines the word "or a United States census block group".

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

Senator Childers offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1656, Page 24, Section 135.258, Line 3, by inserting immediately after said line the following:

"135.313. 1. Any person, firm or corporation who engages in the business of producing charcoal or charcoal products in the state of Missouri shall be eligible for a tax credit on income taxes otherwise due pursuant to chapter 143, RSMo, except sections 143.191 to 143.261, RSMo, as an incentive to implement safe and efficient environmental controls. The tax credit shall be equal to fifty percent of the purchase price of the best available control technology equipment connected with the production of charcoal in the state of Missouri or, if the taxpayer manufactures such equipment, fifty percent of the manufacturing cost of the equipment, to and including the year the equipment is put into service. The credit may be claimed for a period of eight years beginning with the 1998 calendar year and is to be a tax credit against the tax otherwise due.

2. Any amount of credit which exceeds the tax due shall not be refunded but may be carried over to any subsequent taxable year, not to exceed seven years.

3. The charcoal producer may elect to assign to a third party the approved tax credit. Certification of assignment and other appropriate forms must be filed with the Missouri department of revenue and the department of economic development.

4. When applying for a tax credit, the charcoal producer specified in subsection 1 of this section shall make application for the credit to the division of environmental quality of the department of natural resources. The application shall identify the specific best available control technology equipment and the purchase price, or manufacturing cost of such equipment. The director of the department of natural resources is authorized to require permits to construct prior to the installation of best available control technology equipment and other information which he or she deems appropriate.

5. The director of the department of natural resources in conjunction with the department of economic development shall certify to the department of revenue that the best available control technology equipment meets the requirements to obtain a tax credit as specified in this section."; and

Further amend the title and enacting clause accordingly.

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

Senator Staples assumed the Chair.

Senator Rohrbach 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 Bill No. 1656, Page 31, Section 135.530, Line 11, by deleting the word "group" and inserting the words "groups with at least 5,000 residents".

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

Senator Westfall offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1656, Page 61, Section 21, Line 4, by after all of said section insert the following:

"Section 1. In addition to the number of enterprise zones authorized pursuant to the provisions of sections 135.206, 135.210 and 135.256, the department of economic development shall designate one such zone for any county of third classification with a township form of government with a population of at least eleven thousand but not more than thirteen thousand inhabitants. Such enterprise zone designation shall only be made if the area in the city which is to be included in the enterprise zone meets all the requirements of section 135.205."; and

Further amend the title and enacting clause accordingly.

Senator Westfall moved that the above amendment be adopted.

Senator Mathewson raised the point of order that SA 7 is out of order in that it goes beyond the scope and purpose of the bill.

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

President Wilson assumed the Chair.

Senator Goode offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1656, Page 1, Section A, Line 10 of said page, by inserting immediately after all of said line the following:

"99.805. As used in sections 99.800 to 99.865, unless the context clearly requires otherwise, the following terms shall mean:

(1) "Abandoned property", real property previously used for, or which has the potential to be used for, commercial or industrial purposes which reverted to the ownership of the state, a county, or municipal government, or an agency thereof, through donation, purchase, tax delinquency, foreclosure, default or settlement, including conveyance by deed in lieu of foreclosure or a privately owned property endorsed by the city, or county if the property is not in a city, for inclusion in the program which will be transferred to a person other than the potentially responsible party as defined in chapter 250, RSMo, and has been vacant or underutilized;

[(1)] (2) "Blighted area", an area which, by reason of the predominance of defective or inadequate street layout, unsanitary or unsafe conditions, deterioration of site improvements, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, retards the provision of housing accommodations or constitutes an economic or social liability or a menace to the public health, safety, morals, or welfare in its present condition and use;

[(2)] (3) "Collecting officer", the officer of the municipality responsible for receiving and processing payments in lieu of taxes or economic activity taxes from taxpayers or the department of revenue;

[(3)] (4) "Conservation area", any improved area within the boundaries of a redevelopment area located within the territorial limits of a municipality in which fifty percent or more of the structures in the area have an age of thirty-five years or more. Such an area is not yet a blighted area but is detrimental to the public health, safety, morals, or welfare and may become a blighted area because of any one or more of the following factors: Dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; abandonment; excessive vacancies; overcrowding of structures and community facilities; lack of ventilation, light or sanitary facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; and lack of community planning. A conservation area shall meet at least three of the factors provided in this subdivision for projects approved on or after December 23, 1997[, the effective date of this section as it appears in senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly];

[(4)] (5) "Economic activity taxes", the total additional revenue from taxes which are imposed by a municipality and other taxing districts, and which are generated by economic activities within a redevelopment area over the amount of such taxes generated by economic activities within such redevelopment area in the calendar year prior to the adoption of the ordinance designating such a redevelopment area, while tax increment financing remains in effect, but excluding personal property taxes, taxes imposed on sales or charges for sleeping rooms paid by transient guests of hotels and motels, licenses, fees or special assessments. For redevelopment projects or redevelopment plans approved after December 23, 1997[, the effective date of this section as it appears in senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly], if a retail establishment relocates within one year from one facility to another facility within the same county and the governing body of the municipality finds that the relocation is a direct beneficiary of tax increment financing, then for purposes of this definition, the economic activity taxes generated by the retail establishment shall equal the total additional revenues from economic activity taxes which are imposed by a municipality or other taxing district over the amount of economic activity taxes generated by the retail establishment in the calendar year prior to its relocation to the redevelopment area;

[(5)] (6) "Economic development area", any area or portion of an area located within the territorial limits of a municipality, which does not meet the requirements of subdivisions [(1) and (3)] (2) and (4) of this section, and in which the governing body of the municipality finds that redevelopment will not be solely used for development of commercial businesses which unfairly compete in the local economy and is in the public interest because it will:

(a) Discourage commerce, industry or manufacturing from moving their operations to another state; or

(b) Result in increased employment in the municipality; or

(c) Result in preservation or enhancement of the tax base of the municipality;

(7) "Excessive vacancy", any property improved with a building or buildings exhibiting a rate of vacancy of thirty-three percent of the total gross floor area for a period of twelve months or more;

[(6)] (8) "Gambling establishment", an excursion gambling boat as defined in section 313.800, RSMo, and any related business facility including any real property improvements which are directly and solely related to such business facility, whose sole purpose is to provide goods or services to an excursion gambling boat and whose majority ownership interest is held by a person licensed to conduct gambling games on an excursion gambling boat or licensed to operate an excursion gambling boat as provided in sections 313.800 to 313.850, RSMo. This subdivision shall be applicable only to a redevelopment area designated by ordinance adopted after December 23, 1997[, the effective date of this section as it appears in senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly];

[(7)] (9) "Municipality", a city, village, or incorporated town or any county of this state. For redevelopment areas or projects approved on or after December 23, 1997[, the effective date of this section as it appears in senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly], "municipality" applies only to cities, villages, incorporated towns or counties established for at least one year prior to such date;

[(8)] (10) "Obligations", bonds, loans, debentures, notes, special certificates, or other evidences of indebtedness issued by a municipality to carry out a redevelopment project or to refund outstanding obligations;

(11) "Obsolete property", any property or combination of properties where building and site improvements have become or are becoming vacant due to deficient design and layout, which exhibit a lack of usability and market rejection for the purposes as built, and where the property or properties involved demonstrate a zero rate of growth or a decline in assessed value for at least three successive reassessment years;

[(9)] (12) "Ordinance", an ordinance enacted by the governing body of a city, town, or village or a county or an order of the governing body of a county whose governing body is not authorized to enact ordinances;

[(10)] (13) "Payment in lieu of taxes", those estimated revenues from real property in the area selected for a redevelopment project, which revenues according to the redevelopment project or plan are to be used for a private use, which taxing districts would have received had a municipality not adopted tax increment allocation financing, and which would result from levies made after the time of the adoption of tax increment allocation financing during the time the current equalized value of real property in the area selected for the redevelopment project exceeds the total initial equalized value of real property in such area until the designation is terminated pursuant to subsection 2 of section 99.850;

[(11)] (14) "Redevelopment area", an area designated by a municipality, in respect to which the municipality has made a finding that there exist conditions which cause the area to be classified as a blighted area, a conservation area, an economic development area, an enterprise zone pursuant to sections 135.200 to 135.256, RSMo, or a combination thereof, which area includes only those parcels of real property directly and substantially benefited by the proposed redevelopment project;

[(12)] (15) "Redevelopment plan", the comprehensive program of a municipality for redevelopment intended by the payment of redevelopment costs to reduce or eliminate those conditions, the existence of which qualified the redevelopment area as a blighted area, conservation area, economic development area, or combination thereof, and to thereby enhance the tax bases of the taxing districts which extend into the redevelopment area. Each redevelopment plan shall conform to the requirements of section 99.810;

[(13)] (16) "Redevelopment project", any development project within a redevelopment area in furtherance of the objectives of the redevelopment plan; any such redevelopment project shall include a legal description of the area selected for the redevelopment project;

[(14)] (17) "Redevelopment project costs" include the sum total of all reasonable or necessary costs incurred or estimated to be incurred, and any such costs incidental to a redevelopment plan or redevelopment project, as applicable. Such costs include, but are not limited to, the following:

(a) Costs of studies, surveys, plans, and specifications;

(b) Professional service costs, including, but not limited to, architectural, engineering, legal, marketing, financial, planning or special services. Except the reasonable costs incurred by the commission established in section 99.820 for the administration of sections 99.800 to 99.865, such costs shall be allowed only as an initial expense which, to be recoverable, shall be included in the costs of a redevelopment plan or project;

(c) Property assembly costs, including, but not limited to, acquisition of land and other property, real or personal, or rights or interests therein, demolition of buildings, and the clearing and grading of land;

(d) Costs of rehabilitation, reconstruction, or repair or remodeling of existing buildings and fixtures;

(e) Initial costs for an economic development area;

(f) Costs of construction of public works or improvements;

(g) Financing costs, including, but not limited to, all necessary and incidental expenses related to the issuance of obligations, and which may include payment of interest on any obligations issued pursuant to sections 99.800 to 99.865 accruing during the estimated period of construction of any redevelopment project for which such obligations are issued and for not more than eighteen months thereafter, and including reasonable reserves related thereto;

(h) All or a portion of a taxing district's capital costs resulting from the redevelopment project necessarily incurred or to be incurred in furtherance of the objectives of the redevelopment plan and project, to the extent the municipality by written agreement accepts and approves such costs;

(i) Relocation costs to the extent that a municipality determines that relocation costs shall be paid or are required to be paid by federal or state law;

(j) Payments in lieu of taxes;

(18) "Retail enterprise", any retail activity business classified as SICs 52 through 59 except where such activity is an adjunct classification to a business operation also classified as manufacturing, assembly, or wholesale, SICs 20 through 39 and 51;

(19) "SIC", the standard industrial classification as such classifications are defined in the 1987 edition of the Standard Industrial Classification Manual as prepared by the executive office of the president, office of management and budget or a successor business classification system implemented by an agency or branch of the federal government;

[(15)] (20) "Special allocation fund", the fund of a municipality or its commission which contains at least two separate segregated accounts for each redevelopment plan, maintained by the treasurer of the municipality or the treasurer of the commission into which payments in lieu of taxes are deposited in one account, and economic activity taxes and other revenues are deposited in the other account;

[(16)] (21) "Taxing districts", any political subdivision of this state having the power to levy taxes;

[(17)] (22) "Taxing districts' capital costs", those costs of taxing districts for capital improvements that are found by the municipal governing bodies to be necessary and to directly result from the redevelopment project; [and]

[(18)] (23) "Vacant land", any parcel or combination of parcels of real property not used for industrial, commercial, or residential buildings.

99.871. 1. Tax increment financing, as provided for in sections 99.800 to 99.865, shall not be utilized for any redevelopment projects that are primarily retail enterprises. For the purposes of this section, "primarily" means that at least fifty-one percent of the area of the redevelopment project is reserved for retail enterprises. Tax increment financing shall be available, however, for redevelopment projects that are primarily retail enterprises if the redevelopment project is located within a redevelopment area that:

(1) Is part of a state or federal enterprise zone, federal empowerment zone, or in a distressed community as defined in section 135.530, RSMo; or

(2) Has at least fifty percent of the residents living within a one-quarter mile radius of the boundaries of the proposed redevelopment area with incomes not greater than the median income of all residents within the county in which the project is located according to the last decennial census; or

(3) Qualifies as abandoned or obsolete, or has excessive vacancies as defined in subdivisions (1), (7) and (11) of section 99.805; or

(4) Consists of an area that meets the criteria required for designation as a "conservation area" as provided for in subdivision (4) of section 99.805 and not more than forty-nine percent of the total land area exclusive of street and highway rights-of-way is vacant land.

2. Before tax increment financing shall be available for any redevelopment project located within a redevelopment area that otherwise qualifies pursuant to subdivision (2), (3) or (4) of subsection 1 of this section, the department of economic development shall determine, upon a physical examination of the proposed redevelopment area, that such area and the surrounding community has declined economically or has developed at a substantially slower rate of growth than the remaining part of that county or metropolitan area; and that the area is in demonstrable need of redevelopment when compared to the remaining part of that county or metropolitan area. Any tax increment financing commission or developer shall, upon request, submit information to the department of economic development to aid in determining whether the area is in demonstrable need of redevelopment. The determination shall be made after the department conducts a hearing on the record and makes a finding that, but for the use of primarily retail enterprises, the area would not be redeveloped at a rate or to an extent comparable to the surrounding community.

3. In no event shall a redevelopment area containing a redevelopment project primarily for retail purposes have a term longer than fifteen years from the date of approval.

4. Subsections 1 and 2 of this section shall not apply to any redevelopment plan or project approved by ordinance before December 31, 1998; provided, however, that this section shall not apply to any redevelopment plan or project approved by ordinance after that date if the department of economic development determines that substantial financial expenditures have occurred with respect to such plan or project prior to August 28, 1998."; and

Further amend the title and enacting clause accordingly.

Senator Goode moved that the above amendment be adopted.

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

The point of order was referred to the President Pro Tem, who ruled it well taken.

At the request of Senator Mathewson, HS for HCS for HB 1656, with SCS and SS for SCS, as amended (pending), was placed on the Informal Calendar.

PRIVILEGED MOTIONS

Senator Caskey moved that SCS for SB 659, with HS for HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HS for HCS for SCS for SB 659, entitled:

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 659

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.

Was taken up.

Senator Caskey moved that HS for HCS for SCS for SB 659 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Caskey Childers Curls
DePasco Ehlmann Flotron Goode
House Jacob Johnson Klarich
Lybyer Mathewson Maxwell Mueller
Quick Schneider Scott Sims
Westfall Wiggins Yeckel--23
NAYS--Senators
Graves Howard Kenney Kinder
Rohrbach Russell Singleton--7
Absent--Senators
Banks Clay McKenna Staples--4
Absent with leave--Senators--None

Senator Caskey moved that HS for HCS for SCS for SB 659 be read the 3rd time and finally passed.

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

Having voted on the prevailing side, Senator Caskey moved that the vote by which HS for HCS for SCS for SB 659 was adopted be reconsidered, 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 Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Banks--1
Absent with leave--Senators--None

At the request of Senator Caskey, the motion to adopt HS for HCS for SCS for SB 659 was withdrawn.

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

HOUSE BILLS ON THIRD READING

Senator Maxwell moved that HCS for HB 1197, with SCS (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SCS for HCS for HB 1197 was again taken up.

Senator Maxwell offered SS for SCS for HCS for HB 1197, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1197

An Act to amend chapter 620, RSMo, by adding thereto twelve new sections for the purpose of establishing the family development account program.

Senator Maxwell moved that SS for SCS for HCS for HB 1197 be adopted.

Senator Flotron offered SA 1:

SENATE AMENDMENT NO. 1



Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1197, Page 1, Section A, Line 4, by inserting immediately after all of said line the following:

"135.326. As used in sections 135.325 to 135.339, the following terms shall mean:

(1) "Business entity", person, firm, a partner in a firm, corporation or a shareholder in an S corporation doing business in the state of Missouri and subject to the state income tax imposed by the provisions of chapter 143, RSMo, or a corporation subject to the annual corporation franchise tax imposed by the provisions of chapter 147, RSMo, or an insurance company paying an annual tax on its gross premium receipts in this state, or other financial institution paying taxes to the state of Missouri or any political subdivision of this state under the provisions of chapter 148, RSMo, or an express company which pays an annual tax on its gross receipts in this state pursuant to chapter 153, RSMo;

(2) "Handicap", a mental, physical, or emotional impairment that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury or disease, and where the impairment is verified by medical findings;

(3) "Nonrecurring adoption expenses", reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to the legal adoption of a special needs child and which are not incurred in violation of federal, state, or local law;

(4) "Special needs child", a child for whom it has been determined by the division of family services, or by a child placing agency licensed by the state, or by a court of competent jurisdiction to be a child:

(a) That cannot or should not be returned to the home of his or her parents; [and] or

(b) Who has a specific factor or condition such as ethnic background, age, membership in a minority or sibling group, medical condition, or handicap because of which it is reasonable to conclude that such child cannot be easily placed with adoptive parents; [and] or

(c) Except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents;

(5) "State tax liability", any liability incurred by a taxpayer under the provisions of chapter 143, RSMo, chapter 147, RSMo, chapter 148, RSMo, and chapter 153, RSMo, exclusive of the provisions relating to the withholding of tax as provided for in sections 143.191 to 143.265, RSMo, and related provisions.

135.327. 1. Any person residing in this state who [legally adopts] proceeds in good faith with the adoption of a special needs child on or after January 1, [1988] 1999, shall be eligible to receive a tax credit of up to ten thousand dollars for nonrecurring adoption expenses for each child [adopted] that may be applied to taxes due under chapter 143, RSMo. Any business entity providing funds to an employee to enable that employee to [legally adopt] proceed in good faith with the adoption of a special needs child shall be eligible to receive a tax credit of up to ten thousand dollars for nonrecurring adoption expenses for each child [adopted] that may be applied to taxes due under such business entity's state tax liability, except that only one ten thousand dollar credit is available for each special needs child that is adopted.

2. Individuals and business entities may claim a tax credit for their total nonrecurring adoption expenses in each year that the expenses are incurred. A claim for fifty percent of the credit shall be allowed when the child is placed in the home. A claim for the remaining fifty percent shall be allowed when the adoption is final. The total of these tax credits shall not exceed the maximum limit of ten thousand dollars per child. The cumulative amount of tax credits which may be claimed by taxpayers for nonrecurring adoption expenses in any one fiscal year shall not exceed two million dollars.

3. Notwithstanding any provision of law to the contrary, any individual or business entity may assign tax credits allowed in this section to the not for profit organization involved in the adoption proceedings.

135.333. 1. Any amount of tax credit which exceeds the tax due shall not be refunded but may be carried over to any subsequent taxable year, not to exceed a total of five years for which a tax credit may be taken for each child adopted.

2. Tax credits that are assigned to not for profit organizations as allowed in section 135.326, RSMo, may be assigned in their entirety notwithstanding the taxpayer's tax due."; and

Further amend the title and enacting clause accordingly.

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

Senator Maxwell moved that SS for SCS for HCS for HB 1197, as amended, be adopted, which motion prevailed.

On motion of Senator Maxwell, SS for SCS for HCS for HB 1197, as amended, was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HCS for HB 1536, with SCS, entitled:

An Act to repeal sections 302.291 and 302.292, RSMo 1994, and section 302.130, RSMo Supp. 1997, relating to the reporting and examination of impaired drivers, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions and an effective date.

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

SCS for HCS for HB 1536, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1536



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

Was taken up.

Senator Sims moved that SCS for HCS for HB 1536 be adopted, which motion prevailed.

On motion of Senator Sims, SCS for HCS for HB 1536 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

President Pro Tem McKenna assumed the Chair.

PRIVILEGED MOTIONS

Senator Mathewson moved that SS for SB 792, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SS for SB 792, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 792

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.

Was taken up.

Senator Mathewson moved that HCS for SS for SB 792, as amended, be adopted, which motion prevailed by the following vote:

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

On motion of Senator Mathewson, HCS for SS for SB 792, as amended, was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator House moved that SCS for SB 922, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SCS for SB 922, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 922

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.

Was taken up.

Senator House moved that HCS for SCS for SB 922, as amended, be adopted, which motion prevailed by the following vote:

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

On motion of Senator House, HCS for SCS for SB 922, as amended, was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

On motion of Senator 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.

Bill ordered enrolled.

Senator Sims moved that SB 674, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 674, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 674

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.

Was taken up.

Senator Sims moved that HCS for SB 674, as amended, be adopted, which motion prevailed by the following vote:

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

On motion of Senator Sims, HCS for SB 674, as amended, was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

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

Bill ordered enrolled.

Senator Caskey moved that the Senate refuse to concur in HS for HCS for SCS for SB 659, 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 Maxwell moved that SS for SCS for SBs 583 and 645, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SS for SCS for SBs 583 and 645, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 583 and 645

An Act relating to the common language of the state.

Was taken up.

Senator Maxwell moved that HCS for SS for SCS for SBs 583 and 645, as amended, be adopted, which motion prevailed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Quick
Russell Schneider Scott Sims
Singleton Westfall Wiggins Yeckel--28
NAYS--Senators
Clay Mueller Rohrbach--3
Absent--Senators
Curls Johnson Staples--3
Absent with leave--Senators--None

On motion of Senator Maxwell, HCS for SS for SCS for SBs 583 and 645, as amended, was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

Bill ordered enrolled.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which was referred HCS for HB 1526, with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

CONFERENCE COMMITTEE REPORTS

Senator Bentley, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HB 1683, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1683

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for House Bill No. 1683, 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 Bill No. 1683;

2. That the Senate recede from its position on Senate Committee Substitute for House Bill No. 1683, as amended;

3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Bill No. 1683 be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ Harold Caskey /s/ Rodger Fitzwater
/s/ John E. Scott /s/ Rita D. Days
/s/ John D.Schneider /s/ Randall Relford
/s/ Larry Rohrbach /s/ Emmy McClelland
/s/ Roseann Bentley /s/ Charles Pryor

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

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

Senator Mathewson assumed the Chair.

On motion of Senator Bentley, CCS for SCS for HB 1683, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1683

An Act to repeal sections 162.955, 162.961 and 162.963, RSMo Supp. 1997, relating to school age children, and to enact in lieu thereof six new sections relating to the same subject.

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

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

The President declared the bill passed.

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

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

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

Senator Wiggins, on behalf of the conference committee appointed to act with a like committee from the House on HB 1301, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL NO. 1301

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Bill No. 1301, 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 Bill No. 1301;

2. That the Senate recede from its position on House Bill No. 1301, as amended;

3. That the attached Conference Committee Substitute for House Bill No. 1301 be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ Harry Wiggins /s/ Marsha Campbell
/s/ Wayne Goode /s/ Tim VanZandt
/s/ Ken Jacob /s/ Joan Bray
/s/ Doyle Childers /s/ Doug Gaston
/s/ Walt Mueller /s/ Don Lograsso

Senator Wiggins 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
McKenna Mueller Quick Rohrbach
Schneider Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Maxwell Russell--2
Absent with leave--Senators--None

Senator Staples assumed the Chair.

On motion of Senator Wiggins, CCS for HB 1301, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1301

An Act to repeal sections 136.365, 136.370, 143.221, 143.521, 143.751, 144.080 and 144.655, RSMo 1994, relating to taxation, and to enact in lieu thereof eight new sections relating to the same subject.

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

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach 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 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.

REPORTS OF STANDING COMMITTEES

Senator McKenna, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

Mr. President: Your Committee on Gubernatorial Appointments, to which were referred the following appointment and reappointment, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

Dorothy L. Green, as a member of the Jackson County Board of Election Commissioners;

Also,

Bruce C. Scott, as a member of the Peace Officer Standards and Training Commission.

Senator McKenna requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

Senator McKenna moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointment and reappointment, which motion prevailed.

CONFERENCE COMMITTEE REPORTS

Senator Maxwell, on behalf of the conference committee appointed to act with a like committee from the House on HS for SB 743, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 743

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Substitute for Senate Bill No. 743, with House Amendment No. 1; 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 Senate Bill No. 743, as amended;

2. That the Senate recede from its position on Senate Bill No. 743;

3. That the attached Conference Committee Substitute for House Substitute for Senate Bill No. 743 be truly agreed to and finally passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Joe Maxwell /s/ Thomas J. Hoppe
/s/ Jim Mathewson /s/ James M. Foley
/s/ Harold Caskey /s/ Carol Jean Mays
/s/ Morris Westfall /s/ John E. Griesheimer
/s/ Doyle Childers /s/ C. Ross


Senator Maxwell offered CCA 1, which was read:

CONFERENCE COMMITTEE

AMENDMENT NO. 1

Amend Conference Committee Substitute for House Substitute for Senate Bill No. 743, Page 51, Section 190.105, Line 9 of said page, by inserting at the end of said line the following: "in a political subdivision in".

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

Senator Maxwell moved that the conference committee report, as amended, 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
Russell Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senator Rohrbach--1
Absent--Senator Schneider--1
Absent with leave--Senators--None

On motion of Senator Maxwell, CCS for HS for SB 743, as amended, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 743

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

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

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

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Russell
Scott Sims Singleton Staples
Westfall Wiggins Yeckel--31
NAYS--Senator Rohrbach--1
Absent--Senators
Curls Schneider--2
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 Quick moved that motion lay on the table, which motion prevailed.

Senator Flotron, on behalf of the conference committee, appointed to act with a like committee from the House on HCS for HB 1189, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1189

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Committee Substitute for House Bill No. 1189, 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 Committee Substitute for House Bill No. 1189;

2. That the Senate recede from its position on House Committee Substitute for House Bill No. 1189, as amended;

3. That the attached Conference Committee Substitute for House Committee Substitute for House Bill No. 1189 be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ Ed Quick /s/ Chris Liese
/s/ John E. Scott /s/ Gene Copeland
/s/ Franc Flotron /s/ Ed Hartzler
/s/ David Klarich /s/ M. E. Johnson
Phil Curls /s/ Gary Burton

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

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

On motion of Senator Flotron, CCS for HCS for HB 1189, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1189

An Act to repeal sections 408.036 and 408.500, RSMo 1994, relating to credit transactions, and to enact in lieu thereof three new sections relating to the same subject.

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

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

The President declared the bill passed.

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

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

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

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 adopted SS for SCS for HS for HCS for HBs 1147, 1435, 1050, 1186 and 1108 and has again taken up and passed SS for SCS for HS for HCS for HBs 1147, 1435, 1050, 1186 and 1108.

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 SS for SCS for SB 781 and has taken up and passed CCS for HS for HCS for SS for SCS for SB 781.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS for SCS for HS for HCS for HBs 1405, 1109 and 1335, as amended, and has again taken up and passed SS for SCS for HS for HCS for HBs 1405, 1109 and 1335, 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 SCS for SBs 614, 696, 906, 530, 912 and 914 and has taken up and passed CCS for HS for HCS for SCS for SBs 614, 696, 906, 530, 912 and 914.

Bill ordered enrolled.

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 SB 659 and grants the Senate a conference thereon.

President Wilson assumed the Chair.

CONFERENCE COMMITTEE REPORTS

Senator Maxwell, on behalf of the conference committee appointed to act with a like committee from the House on SS for SCS for HS for HB 1694, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT

ON SENATE SUBSTITUTE

FOR SENATE COMMITTEE SUBSTITUTE

FOR HOUSE SUBSTITUTE FOR

HOUSE BILL NO. 1694

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 Bill No. 1694, 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 Bill No. 1694, as amended;

2. That the Senate recede from its position on Senate Substitute for Senate Committee Substitute for House Substitute for House Bill No. 1694, as amended;

3. That the attached Conference Committee Substitute for Senate Substitute for Senate Committee Substitute for House Substitute for House Bill No. 1694 be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ Joe Maxwell /s/ Ted Farnen
/s/ Harold Caskey /s/ Tim Harlan
/s/ Bill McKenna /s/ Steve Gaw
/s/ Franc Flotron /s/ Norma Champion
/s/ Morris Westfall /s/ Don Summers


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

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

HOUSE BILLS ON THIRD READING

HCS for HB 1526, with SCS, entitled:

An Act to repeal sections 367.044, 367.045, 367.047, 367.048 and 367.050, RSMo 1994, relating to pledged property, and to enact in lieu thereof twelve new sections relating to the same subject, with penalty provisions.

Was taken up by Senator DePasco.

SCS for HCS for HB 1526, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1526

An Act to repeal sections 367.044, 367.045, 367.047, 367.048 and 367.050, RSMo 1994, relating to pledged property, and to enact in lieu thereof nineteen new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator DePasco moved that SCS for HCS for HB 1526 be adopted, which motion prevailed.

On motion of Senator DePasco, SCS for HCS for HB 1526 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

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 HB 1434, 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 HB 1434, with SCS, entitled:

An Act to repeal section 301.177, RSMo 1994, and sections 301.025, 301.131, 301.140, 301.145, 301.177, 301.441, 301.443, 301.444, 301.445, 301.447, 301.448, 301.449, 301.451, 301.453, 301.454, 301.456, 301.457, 301.458, 301.459, 301.461, 301.462, 301.463, 301.464, 301.465 and 301.466, RSMo Supp. 1997, and section 301.144, as enacted by senate bill no. 70 of the first regular session of the eighty-eighth general assembly, 1995, and approved by the governor, and section 301.144, as enacted by senate bill no. 3 of the first regular session of the eighty-eighth general assembly, 1995, and approved by the governor, relating to motor vehicle license plates, and to enact in lieu thereof forty-two new sections relating to the same subject, with an emergency clause.

Was taken up by Senator McKenna.

SCS for HS for HCS for HB 1434, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1434

An Act to repeal section 301.177, RSMo 1994, sections 301.025, 301.129, 301.131, 301.140, 301.145, 301.177, 301.441, 301.443, 301.444, 301.445, 301.447, 301.448, 301.449, 301.451, 301.453, 301.454, 301.456, 301.457, 301.458, 301.459, 301.461, 301.462, 301.463, 301.464, 301.465 and 301.466, RSMo Supp. 1997, sections 301.130 and 301.144, as enacted by conference committee substitute for house substitute for house committee substitute for senate bill no. 70 of the first regular session of the eighty-eighth general assembly, and sections 301.130 and 301.144, as enacted by house committee substitute for senate substitute for senate bill no. 3 of the first regular session of the eighty-eighth general assembly, relating to motor vehicle license plates, and to enact in lieu thereof forty-three new sections relating to the same subject, with an emergency clause.

Was taken up.

Senator McKenna moved that SCS for HS for HCS for HB 1434 be adopted.

Senator McKenna offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1434, Page 13, Section 301.144, Line 6, by striking the word "passenger"; and

Further amend said bill, page 15, Section 301.177, line 3, by striking the word "fifteen" and inserting in lieu thereof the following: "thirty"; and

Further amend said bill and section, page 16, line 19, by striking the word "fifteen" and inserting in lieu thereof the following: "thirty"; and further amend line 20, by striking the words "issuance by the director to the buyer" and inserting in lieu thereof the word "purchase"; and

Further amend said bill, page 44, Section 13, line 4, by inserting immediately after "owner." the following: "The director may issue a tab to the owner to be placed upon the existing plate as proof of registration.".

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

Senator Ehlmann offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1434, Page 47, Section 15, Line 31, by inserting after all of said line the following:

"Section 16. 1. Any paramedic or emergency medical technician may apply for emergency medical services license plates for any motor vehicle such person owns, either solely or jointly, for issuance either to passenger motor vehicles subject to the registration fees provided in section 301.055, RSMo, or for a local or nonlocal property-carrying commercial motor vehicle licensed for a gross weight not in excess of twelve thousand pounds as provided in section 301.057 or 301.058, RSMo.

2. Any such person shall make application for the emergency medical services license plates on a form provided by the director of revenue and furnish proof of being a paramedic or emergency medical technician as the director may require. The director shall then issue license plates bearing letters or numbers or a combination thereof as determined by the director with the words "EMERGENCY MEDICAL SERVICES" in place of the words "SHOW-ME STATE". Such license plates shall be made with fully reflective material with a common color scheme and design, shall be clearly visible at night, and shall be aesthetically attractive, as prescribed by section 301.130, RSMo. Such plates shall also bear an emblem representing emergency medical services.

3. There shall be a fifteen-dollar fee in addition to the regular registration fees charged for a set of emergency medical services license plates issued or renewed pursuant to this section. No more than one set of emergency medical services license plates may be issued to a qualified applicant. License plates issued pursuant to the provisions of this section shall not be transferable to any other person except that any registered coowner of the motor vehicle shall be entitled to operate the motor vehicle with such plates for the duration of the year licensed in the event of the death of the qualified person."; and

Further amend the title and enacting clause accordingly.

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

Senator Mueller offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1434, Page 47, Section 15, Line 31, by inserting after said line the following:

"Section 16. 1. Any person may receive special license plates as prescribed in this section after an annual payment of an emblem-use authorization fee to the Missouri Drug Abuse Resistance Education (D.A.R.E.) Officers' Association. The Missouri D.A.R.E. Officers' Association hereby authorizes the use of its official emblem to be affixed on multi-year personalized license plates as provided in this section.

2. Any contribution to the Missouri D.A.R.E. Officers' Association derived from this section, except reasonable administrative costs, shall be used solely for the purpose of promoting and supporting the objectives of the Missouri D.A.R.E. Officers' Association. Any person may annually apply for the use of the emblem.

3. Upon annual application and payment of a twenty-five dollar emblem-use contribution to the Missouri D.A.R.E. Officers' Association, the association shall issue to the vehicle owner, without further charge, an emblem-use authorization statement, which shall be presented by the person to the director of the department of revenue at the time of registration of a motor vehicle.

4. Upon presentation of the annual statement and payment of the fee required for personalized license plates in section 301.144, RSMo, and other fees and documents which may be required by law, the director shall issue a personalized license plate, which shall bear the emblem of the Missouri D.A.R.E. Officers' Association in a form prescribed by the director to the vehicle owner. Such license plates shall be made with fully reflective material with a common color scheme and design, shall be clearly visible at night, and shall be aesthetically attractive, as prescribed by section 301.130, RSMo.

5. A vehicle owner, who was previously issued a plate with the Missouri D.A.R.E. Officers' Association's emblem authorized by this section, but who does not provide an emblem-use authorization statement at a subsequent time of registration, shall be issued a new plate which does not bear the Missouri D.A.R.E. Officers' Association's emblem, as otherwise provided by law.

6. The director of the department of revenue shall promulgate rules and regulations for the administration of this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo."; and

Further amend the title and enacting clause accordingly.

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

Senator DePasco offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1434, Page 1, In the Title, Lines 10-11, by striking the words "vehicle license plates" and inserting in lieu thereof the word "vehicles"; and

Further amend said bill, Page 35, Section 301.466, Line 27, by inserting immediately after all of said line the following:

"302.020. 1. Unless otherwise provided for by law, it shall be unlawful for any person, except those expressly exempted by section 302.080, to:

(1) Operate any vehicle upon any highway in this state unless the person has a valid license;

(2) Operate a motorcycle or motortricycle upon any highway of this state unless such person has a valid license that shows the person has successfully passed an examination for the operation of a motorcycle or motortricycle as prescribed by the director. The director may indicate such upon a valid license issued to such person, or shall issue a license restricting the applicant to the operation of a motorcycle or motortricycle if the actual demonstration, required by section 302.173, is conducted on such vehicle;

(3) Authorize or knowingly permit a motorcycle or motortricycle owned by such person or under such person's control to be driven upon any highway by any person whose license does not indicate that the person has passed the examination for the operation of a motorcycle or motortricycle or has been issued an instruction permit therefor;

(4) Operate a motor vehicle with an instruction permit or license issued to another person.

2. Every person who is under twenty-one years of age operating or riding as a passenger on any motorcycle or motortricycle, as defined in section 301.010, RSMo, upon any highway of this state shall wear protective headgear at all times the vehicle is in motion. The protective headgear shall meet reasonable standards and specifications established by the director.

3. Notwithstanding the provisions of section 302.340, violation of subsection 1 of this section shall be deemed a class C misdemeanor and the penalty for failure to wear protective headgear as required by subsection 2 of this section shall be deemed an infraction for which a fine not to exceed twenty-five dollars may be imposed. Notwithstanding all other provisions of law and court rules to the contrary, no court costs shall be imposed upon any person due to such violation. No points shall be assessed pursuant to section 302.302 for a failure to wear such protective headgear.

302.138. The provisions of sections 302.133 [through] to 302.137 shall terminate on August 28, [1999] 2002."; and

Further amend the title and enacting clause accordingly.

Senator DePasco moved that the above amendment be adopted.

Senator Scott raised the point of order that SA 4 is out of order in that it goes beyond the scope and purpose of the bill.

The point of order was referred to the President Pro Tem, who ruled it well taken.

Senator Goode offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1434, Page 35, Section 301.466, Line 27, by inserting immediately after all of said line the following:

"643.310. 1. The commission may, by rule, establish a motor vehicle emissions inspection program [under] pursuant to sections 643.300 to 643.355 for any portion of a nonattainment area located within the area described in subsection 1 of section 643.305, except for any portion of the nonattainment area which is located in a county of the first classification without a charter form of government with a population of less than one hundred thousand inhabitants according to the most recent decennial census, if the commission determines that such motor vehicle emissions inspection program is necessary in that area to comply with the requirements of subsection 1 of section 643.305, except that no motor vehicle emission inspection program shall be established under this section in any area for which the sale or dispensing of conventional gasoline for use in motor vehicles is prohibited under the federal Clean Air Act, as amended, 42 U.S.C. 7545. The commission shall ensure that, for each nonattainment area, the state implementation plan established [under] pursuant to subsection 1 of section 643.305 incorporates and receives all applicable credits allowed by the United States Environmental Protection Agency for emission reduction programs in other nonattainment areas of like designation in other states. The commission shall ensure that emission reduction amounts established [under] pursuant to subsection 2 of section 643.305 shall be consistent with and not exceed the emissions reduction amounts required by the United States Environmental Protection Agency for other nonattainment areas of like designation in other states. No motor vehicle emissions inspection program shall be required to comply with subsection 1 of section 643.305 unless the plan established thereunder takes full advantage of any changes in requirements or any agreements made or entered into by the United States Environmental Protection Agency and any entity or entities on behalf of a nonattainment area concerning compliance with National Ambient Air Quality Standards of the federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq., and the regulations promulgated thereunder. The air conservation commission shall request and it shall be the duty of the attorney general to bring, in a court of competent jurisdiction, an action challenging the authority of the United States Environmental Protection Agency to impose sanctions for failure to attain National Ambient Air Quality Standards and failure to provide for required emission reductions under the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq. The action shall at a minimum seek to define the required emission reductions and the credits allowed for current and planned emission reductions measures. The air conservation commission shall request and it shall be the duty of the attorney general to bring an action to obtain injunctive relief to enjoin and restrain the imposition of sanctions on the state of Missouri under the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq., until all actions initiated under this section have been decided. Provisions of section 307.366, RSMo, to the contrary notwithstanding, the requirements of sections 643.300 to 643.355 shall apply to those areas designated by the commission [under] pursuant to this section in lieu of the provisions of section 307.366, RSMo.

2. No later than the effective date of this section, the department of natural resources and the Missouri highway patrol shall enter into an interagency agreement covering all aspects of the administration and enforcement of section 307.366, RSMo, and sections 643.300 to 643.355.

3. (1) The department [shall contract with one or more persons to provide any motor vehicle emissions inspection program established under sections 643.300 to 643.355] with the cooperation and approval of the commissioner of administration, shall select a person or persons to operate an inspection facility or inspection program pursuant to sections 643.300 to 643.355, under a bid procedure or under a negotiated process or a combination thereof based on criteria and expectations established by the department. This process may use either a licensing arrangement or contractual arrangement with the selected party or parties. The selection of persons to operate inspection facilities or inspection programs shall be exempt from the provisions of all site procurement laws. The number of locations shall be no less than the number needed to provide adequate service to customers and establish an emissions inspection program which satisfies the requirements of this section. Each person who is authorized to operate a station pursuant to this section shall be capable of providing adequate and cost-effective service to customers.

(2) Service management, coordination and data processing may be provided by the department or by another person, including a contractor or licensee, based upon the most cost-effective proposal for service.

(3) A license or contract shall be for a period of up to seven years, consistent with the provisions of article IV, section 28 of the Missouri Constitution, and licenses or contracts shall be annually reviewed. A license or contract may be suspended or revoked if the licensee or contractor is not meeting the conditions of sections 643.300 to 643.355, all applicable rules, the license agreement or contract as determined by the department. A licensee or contractor found to have violated sections 643.300 to 643.355, applicable rules or the conditions of the license agreement or contract shall be in violation of section 643.151 and subject to the penalties provided thereunder.

[3. The department may purchase the motor vehicle emissions inspection facilities pursuant to appropriations specifically provided for that purpose. The department may lease, sublease or license the facilities to the contractor or contractors for the purpose of fulfilling the obligations of the contract for the motor vehicle emissions inspection program.]

4. The inspection program shall satisfy the following criteria:

(1) There shall be an adequate number of stations to ensure that no more than twenty percent of all persons residing in an affected nonattainment area reside farther than five miles from the nearest inspection station, and consideration shall be given to employment, locations and commuting patterns when selecting the locations of the stations. When selecting locations and determining the adequacy of the number and location of stations, the commission shall give public convenience the highest priority, and the opportunity for financial viability of the stations shall also be considered;

(2) There shall be an adequate number of inspection lanes at each facility so that no more than five percent of all persons having an inspection are required to wait more than fifteen minutes before the inspection begins;

(3) The days and daily hours of operation shall include at least those hours specified by the department, which shall include, at a minimum, twelve continuous hours of operation on all weekdays excepting federal holidays, and six continuous hours of operation on all Saturdays excepting federal holidays;

(4) The emissions inspection program shall include a simulated on-road emissions inspection component, including nonintrusive pressure and nonintrusive purge tests, which satisfies at least the minimum requirements established by regulation of the United States Environmental Protection Agency for such components and tests and may include a visual inspection component, provided that no vehicle that passes all emissions inspection components of the test shall be failed on the basis of the visual inspection component of the test;

(5) The inspection stations shall be test-only stations and shall not offer motor vehicle emissions repairs, parts or services of any kind;

(6) No person operating or employed by an emissions inspection station shall repair or maintain motor vehicle emission systems or pollution control devices for compensation of any kind;

(7) The inspections shall be performed by an inspector who has been approved and certified by the commission, and the inspector performing such inspections shall satisfy all applicable requirements of sections 643.300 to 643.355.

5. The commission, the department of economic development and the office of administration shall, in cooperation with the minority business advocacy commission, select the contractor or contractors or licensees to provide an inspection program which satisfies the [minimum] requirements of this section in accordance with the requirements of section 33.752, RSMo, and chapter 34, RSMo. The commission, the office of administration and the department of economic development, in cooperation with the minority business advocacy commission shall ensure adequate minority business participation in the selection of the contractor or contractors or licensees to provide an inspection program [under] pursuant to this section. The commission, the office of administration and the department of economic development shall ensure adequate participation of Missouri businesses in the selection of the contractor or contractors or licensees to provide an inspection program [under] pursuant to this section.

6. With approval of the commission and under rules adopted by the commission, [an] any person, entity, or organization [whose members are motor vehicle dealers or leasing companies] may establish one or more additional emissions inspection facilities, which may be either mobile or stationary, to be used solely to inspect motor vehicles owned and held for sale or lease by the person, entity, or members of the organization. With approval of the commission and under rules adopted by the commission, any person operating a fleet of [five] one hundred or more motor vehicles may establish one or more additional emissions inspection facilities, which may be either mobile or stationary, to be used solely to inspect motor vehicles owned or leased and operated by the person establishing the facility. The inspections performed in facilities established [under] pursuant to this subsection shall be performed by [a contractor selected] an inspector approved and certified by the commission [under this section] and the [contractor] inspector performing such inspections shall [be responsible solely to the department and shall] satisfy all applicable requirements of sections 643.300 to 643.355.

7. Any person who owns Missouri analyzer system emission inspection equipment as defined by rule, used to provide emissions inspections [under] pursuant to section 307.366, RSMo, at a facility located in an area in which an emissions inspection program has been established [under] pursuant to sections 643.300 to 643.355 may, within twelve months of the implementation of an emissions inspection program [under] pursuant to sections 643.300 to 643.355, sell such equipment, to the department of natural resources at current market value as established by an independent appraisal provided that the equipment is fully functional and has been maintained according to all applicable manufacturer's specifications and procedures. The department shall purchase such equipment using funds appropriated for that purpose from the Missouri air emission reduction fund. Any person who, prior to January 1, 1992, contracted to lease or lease purchase, or purchased by borrowing a portion of the funds secured by a chattel mortgage, Missouri Analyzer System emission inspection equipment used to provide emissions inspections [under] pursuant to section 307.366, RSMo, at a facility located in an area in which an emissions inspection program has been established [under] pursuant to sections 643.300 to 643.355, and has made all payments required under the contract, may, within twelve months of the implementation of an emissions inspection program [under] pursuant to sections 643.300 to 643.355, request the department of natural resources to take possession of such equipment and assume all payment obligations owed on such equipment which obligations are not in excess of one hundred and twenty-five percent of the current market value as established by an independent appraisal, provided that the equipment is fully functional and has been maintained according to all applicable manufacturer's specifications and procedures. The department shall take possession of such equipment and pay such obligations using funds appropriated for that purpose from the Missouri air emission reduction fund.

643.315. 1. Except as provided in sections 643.300 to 643.355, all motor vehicles which are or are to be domiciled, registered or primarily operated in an area for which the commission has established a motor vehicle emissions inspection program [under] pursuant to sections 643.300 to 643.355 shall be inspected and approved prior to sale or transfer. In addition, any such vehicle manufactured as an even-numbered model year vehicle shall be inspected and approved under the emissions inspection program established [under] pursuant to sections 643.300 to 643.355 in each even-numbered calendar year and any such vehicle manufactured as an odd-numbered model year vehicle shall be inspected and approved under the emissions inspection program established [under] pursuant to sections 643.300 to 643.355 in each odd-numbered calendar year. All motor vehicles subject to the inspection requirements of sections 643.300 to 643.355 shall display a valid emissions inspection sticker, and when applicable, a valid emissions inspection certificate shall be presented at the time of registration or registration renewal of such motor vehicle.

2. No emission standard established by the commission for a given make and model year shall [exceed the lesser] be more stringent than the less stringent of the following:

(1) The emission standard for that vehicle model year as established by the United States Environmental Protection Agency; or

(2) The emission standard for that vehicle make and model year as established by the vehicle manufacturer.

3. The inspection requirement of subsection 1 of this section shall apply to all motor vehicles except:

(1) Motor vehicles with a manufacturer's gross vehicle weight rating in excess of eight thousand five hundred pounds;

(2) Motorcycles and motortricycles if such vehicles are exempted from the motor vehicle emissions inspection under federal regulation and approved by the commission by rule;

(3) Model year vehicles prior to 1971;

(4) Vehicles which are powered exclusively by electric or hydrogen power or by fuels other than gasoline which are exempted from the motor vehicle emissions inspection under federal regulation and approved by the commission by rule;

(5) Motor vehicles registered in an area subject to the inspection requirements of sections 643.300 to 643.355 which are domiciled and operated exclusively in an area of the state not subject to the inspection requirements of sections 643.300 to 643.355, but only if the owner of such vehicle presents to the department an affidavit that the vehicle will be operated exclusively in an area of the state not subject to the inspection requirements of sections 643.300 to 643.355 for the next twenty-four months, and the owner applies for and receives a waiver which shall be presented at the time of registration or registration renewal; and

(6) New and unused motor vehicles, of model years of the current calendar year and of any calendar year within two years of such calendar year, which have an odometer reading of less than six thousand miles at the time of original sale by a motor vehicle manufacturer or licensed motor vehicle dealer to the first user.

4. The commission may, by rule, allow inspection reciprocity with other states having equivalent or more stringent testing and waiver requirements than those established [under] pursuant to sections 643.300 to 643.355.

5. (1) At the time of sale, a licensed motor vehicle dealer, as defined in section 301.250, RSMo, may choose to sell a motor vehicle subject to the inspection requirements of sections 643.300 to 643.355 either:

(a) With prior inspection and approval as provided in subdivision (2) of this subsection; or

(b) Without prior inspection and approval as provided in subdivision (3) of this subsection[;].

(2) If the dealer chooses to sell the vehicle with prior inspection and approval, the dealer shall disclose, in writing, prior to sale, whether the vehicle obtained approval by meeting the emissions standards established [under] pursuant to sections 643.300 to 643.355 or by obtaining a waiver [under] pursuant to section 643.335[;]. A vehicle sold pursuant to this subdivision by a licensed motor vehicle dealer shall be inspected and approved within the one hundred and twenty days immediately preceding the date of sale, and, for the purpose of registration of such vehicle, such inspection shall be considered timely.

(3) If the dealer chooses to sell the vehicle without prior inspection and approval, the purchaser may return the vehicle within fourteen days of the date of purchase, provided that the vehicle has no more than one thousand additional miles since the time of sale, if the vehicle fails, upon inspection, to meet the emissions standards specified by the commission and the dealer shall have the vehicle inspected and approved without the option for a waiver of the emissions standard and return the vehicle to the purchaser with a valid emissions certificate and sticker within five working days[, or the dealer shall either provide a full refund of the vehicle purchase price or provide a comparable vehicle until the original vehicle is returned to the purchaser with a valid emissions certificate and sticker. If the dealer cannot return the vehicle with a valid emissions certificate and sticker within fifteen additional working days, then, at the purchaser's option, the purchaser may return the vehicle to the dealer for a full refund of the vehicle purchase price, which may include a vehicle taken on trade or the amount allowed for a vehicle taken on trade or the purchaser and dealer may enter into any other mutually acceptable agreement]. If the dealer chooses to sell the vehicle without prior inspection and approval, the dealer shall disclose conspicuously on the sales contract and bill of sale that the purchaser has the option to return the vehicle within fourteen days, provided that the vehicle has no more than one thousand additional miles since the time of sale, to have the dealer repair the vehicle and provide an emissions certificate and sticker within five working days if the vehicle fails, upon inspection, to meet the emissions standards established by the commission, [or the dealer shall either provide a full refund of the vehicle purchase price or provide a comparable vehicle until the original vehicle is returned to the purchaser with a valid emissions certificate and sticker or, if the vehicle cannot be inspected and approved within fifteen additional working days, then the purchaser may choose to return the vehicle for a full refund, which may include a vehicle taken on trade or the amount allowed for a vehicle taken on trade,] or enter into any mutually acceptable agreement with the dealer. A violation of this subdivision shall be an unlawful practice as defined in section 407.020, RSMo. No emissions inspection shall be required [under] pursuant to sections 643.300 to 643.360 for the sale of any motor vehicle which may be sold without a certificate of inspection and approval, as provided [under] pursuant to subsection 2 of section 307.380, RSMo.

643.320. 1. The commission shall establish, by rule, procedures, standards, and requirements for the operation of emissions inspection stations and the conduct of emissions inspections.

2. The emissions inspection stations shall be operated in accordance with all requirements established by the commission [under] pursuant to this section.

3. The department shall cause unannounced inspections to be made of the operation of each emissions inspection station at least once during each calendar year. The inspection may include submitting a known high emission vehicle for inspection without prior disclosure to the inspection station.

4. The department may require emissions inspection stations to furnish reports, upon forms furnished by the department for that purpose, that the department considers necessary for the administration of sections 643.300 to 643.355.

5. No emissions inspection required [under] pursuant to sections 643.300 to 643.355 may be performed at an emissions inspection station unless there is conspicuously posted on the premises of the emissions inspection station a sign which is at least eight feet high and sixteen feet wide and which sign bears the legend: "This inspection is mandated by the United States Environmental Protection Agency under powers granted to it by your United States Senators and Representatives in Washington, D.C." A standard sign, designed by the department and containing letters of at least six inches in height, shall be used by all emissions inspection stations. Such signs shall be furnished by the department to each emissions inspection station at no cost to the station.

6. The commission shall establish, by rule, procedures, standards and requirements for the certification of emissions inspectors and for the certification of repair technicians. In establishing such procedures, standards and requirements, and in certifying inspectors or technicians pursuant to this section, the commission may adopt the tests, standards and certifications of a nationally recognized accreditation organization for automotive emissions inspectors or automotive repair technicians. Any person who demonstrates his or her knowledge and ability to conduct an inspection in compliance with the procedures, standards, and requirements established by the commission may be issued a certificate to conduct inspections pursuant to sections 643.300 to 643.355.

643.335. 1. The commission shall establish, by rule, a waiver amount which may be lower for older model vehicles and which, prior to January 1, 2001, shall be no greater than seventy-five dollars for model year vehicles prior to 1981, no greater than two hundred dollars for model year vehicles of 1981 to 1996 and no greater than four hundred and fifty dollars for model year vehicles of 1997 and all subsequent model years. On and after January 1, 2001, the commission may, by rule, set the waiver amount, except that the waiver amount shall not exceed the waiver amount provided in the federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq., and the regulations promulgated thereunder for the enhanced motor vehicle emissions inspection.

2. The commission shall establish, by rule, a form and a procedure for verifying that repair and adjustment was performed on a failing vehicle prior to the granting of a waiver and approval.

3. The waiver form established [under] pursuant to subsection 2 of this section shall be an affidavit requiring:

(1) A statement signed by the repairer that the specified work was done and stating the itemized charges for the work; and

(2) A statement signed by the emissions inspection contractor that an inspection of the vehicle verified, to the extent practical, that the specified work was done.

4. A vehicle which fails upon reinspection to meet the emissions standards specified by the commission shall have the emissions standards waived and receive approval only if the owner furnishes a complete, signed affidavit satisfying the requirements of subsection 3 of this section and the cost of the [repair] parts, repairs and adjustment work performed is equal to or greater than the waiver amount established by the commission. Costs for repair work may only be included toward reaching the waiver amount if the repairs are performed by a repair technician certified by the commission.

5. No cost for parts, repairs or adjustments shall be included toward reaching the waiver amount if such costs are covered by an emission control performance warranty provided by the manufacturer at no additional cost to the vehicle owner unless the vehicle owner provides, with the affidavit, a written denial of warranty remedy from the motor vehicle manufacturer, dealer or other person providing the warranty.

6. No cost for parts, repairs or adjustments shall be included toward reaching the waiver amount if such costs are required to correct the effects of tampering with emissions systems or air pollution control devices.

643.350.  1.  A fee, not to exceed twenty-four dollars, may be charged for an emissions inspection conducted under the emissions inspection program established pursuant to sections 643.300 to 643.355, except that on days of operation, other than the last three days of operation in each calendar month, the fee shall be reduced by:

(1)  Five dollars for any person who is required to wait more than fifteen minutes before the inspection begins; and

(2)  Ten dollars for any person who is required to wait more than thirty minutes before the inspection begins[; and

(3)  Twenty dollars for any person who is required to wait more than sixty minutes before the inspection begins].  The waiting time shall begin at the time when the customer's vehicle is on the premises of the inspection station and available for inspection.

2.  The commission shall establish, by rule, a time-stamping system to ensure that the time of arrival and the time inspection begins is accurately recorded for each vehicle at each emissions inspection facility.

3.  The fee shall be conspicuously posted on the premises of each emissions inspection station.

4.  The commission shall establish, by rule, the portion of the fee amount to be remitted by the contractor to the director of revenue and the number of days allowed for remitting fees.

5.  The contractor shall remit the portion of fees collected, as established by the commission [under] pursuant to this section, to the director of revenue within the time period established by the commission.  The director of revenue shall deposit the fees received in the state treasury to the credit of the "Missouri Air Emission Reduction Fund", which is hereby created.  Moneys in the fund shall, subject to appropriation, be expended for the administration and enforcement of sections 643.300 to 643.355 by the department of natural resources, the Missouri highway patrol, and other appropriate agencies.  Any balance in the fund at the end of the biennium shall remain in the fund and shall not be subject to the provisions of section 33.080, RSMo.  All interest earned by moneys in the fund shall accrue to the fund.

6.  In addition to funds from the Missouri air emission reduction fund, costs of capital or operations may be supplemented, upon appropriation, from the general revenue fund, the state highway department fund, federal funds or other funds available for that purpose.

643.355. 1. Any person who knowingly misrepresents himself or herself as an official emissions inspection station [shall be] or a certified inspector or a certified repair technician is guilty of a class C misdemeanor for the first offense and a class B misdemeanor for any subsequent offense. Any person who is found guilty or who has pleaded guilty to a violation of this subsection shall be considered to have committed an offense for the purposes of this subsection.

2. Any person who knowingly manufactures, conveys or possesses any counterfeit or illegally obtained emissions inspection certificate or a counterfeit or illegally obtained emissions inspection sticker [shall be] is guilty of a class C misdemeanor for the first offense and a class B misdemeanor for any subsequent offense. Any person who is found guilty or who has pleaded guilty to a violation of this subsection shall be considered to have committed an offense for the purposes of this subsection.

3. Any person who knowingly displays or permits to be displayed, on any motor vehicle owned by such person, any counterfeit or illegally obtained emissions inspection sticker [shall be] is guilty of an infraction.

4. Any person who knowingly uses any counterfeit or illegally obtained emissions inspection certificate for the purpose of obtaining any motor vehicle registration [shall be] is guilty of an infraction for the first offense, a class C misdemeanor for the second offense and a class B misdemeanor for any subsequent offense.

5. Any person who knowingly operates a motor vehicle required to be inspected and approved [under] pursuant to sections 643.300 to 643.355 without displaying a valid emissions inspection sticker as required [under] pursuant to section 643.315 [shall be] is guilty of an infraction for the first offense, a class C misdemeanor for the second offense and a class B misdemeanor for any subsequent offense.

6. Except as otherwise provided in this section, any person who violates a requirement of sections 643.300 to 643.355 or a rule promulgated to enforce sections 643.300 to 643.355 [shall be] is guilty of an infraction.

7. The superintendent of the highway patrol may seize documents which the superintendent suspects are counterfeit or illegally obtained in violation of this section for the purpose of enforcing this section. Any person who violates any procedural requirement of sections 643.300 to 643.355 [shall be] is subject to a fine, and such fine shall be not less than five times the amount of the fee charged pursuant to section 643.350 or one hundred dollars, whichever is greater, if the violation is intentional or one involving gross negligence."; and

Further amend the title and enacting clause accordingly.

Senator Goode moved that the above amendment be adopted.

Senator Scott raised the point of order that SA 5 is out of order in that it goes beyond the scope and purpose of the bill.

The point of order was referred to the President Pro Tem, who ruled it well taken.

Senator McKenna moved that SCS for HS for HCS for HB 1434, as amended, be adopted, which motion prevailed.

On motion of Senator McKenna, SCS for HS for HCS for HB 1434, as amended, was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Russell Schneider
Scott Singleton Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Curls Flotron Jacob Sims
Staples--5
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 Quick requested unanimous consent of the Senate to allow the rear gallery to be a part of the Senate floor, which request was granted.

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 HS for HCS for SCS for SB 659: Representatives: Crump, Kissell, Ransdall, Barnett and Alter.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt Conference Committee Report No. 2 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 grants the Senate further conference on SS for SCS for HCS for HB 1095. And the Speaker reappoints the following conferees: Representatives Smith, Gaw, Davis 122, Legan and Elliott.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HS for HCS for SB 619 as amended and grants the Senate a conference thereon, and further that the House conferees are allowed to exceed the differences on HSA 1 for HA 2. The Speaker has appointed the following conferees: Representatives: Stoll, Leake, Wiggins, Edwards-Pavia and Marble.

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 HCS for HB 1095, as amended: Senators McKenna, Scott, Mathewson, Ehlmann and Childers.

Also,

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 SB 659, as amended: Senators Caskey, Lybyer, Scott, Singleton and Klarich.

Also,

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HS for HCS for SB 619, as amended: Senators McKenna, Goode, Lybyer, Flotron and Ehlmann.

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 Senator Scott.

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 SB 619, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 619



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. 619, with House Substitute Amendment No. 1 for House Amendment No. 1, House Substitute Amendment No. 1 for House Amendment No. 2, House Amendment No. 3, House Amendment No. 4, House Amendment No. 5 and House Amendment No. 6; 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 Amendment No. 1 for House Amendment No. 2;

2. That the Senate recede from its position on House Substitute for House Committee Substitute for Senate Bill No. 619 and House Substitute Amendment No. 1 for House Amendment No. 1, House Amendment No. 3, House Amendment No. 4, House Amendment No. 5 and House Amendment No. 6;

3. That the attached Conference Committee Amendment No. 1 be adopted; and

4. That House Substitute for House Committee Substitute for Senate Bill No. 619, with House Substitute Amendment No. 1 for House Amendment No. 1, House Amendment No. 3, House Amendment No. 4, House Amendment No. 5, House Amendment No. 6 and Conference Committee Amendment No. 1, be truly agreed to and finally passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Bill McKenna /s/ Stephen Stoll
/s/ Mike Lybyer /s/ Sam Leake
/s/ Wayne Goode /s/ Gary Wiggins
/s/ Franc Flotron /s/ Marilyn Edwards-Pavia
/s/ Steve Ehlmann /s/ Gary Marble


CONFERENCE COMMITTEE

AMENDMENT NO. 1

Amend House Substitute for House Committee Substitute for Senate Bill No. 619, Page 126, Section 414.415, Line 21 of said page, by inserting immediately after said line the following:

"Section 1. The air conservation commission may establish, by rule, a state reformulated gasoline program to prohibit the sale or dispensing of conventional gasoline for use in motor vehicles. If established, such program shall be implemented and reformulated gasoline shall be available at the retail level in the nonattainment area described in section 643.305, RSMo, by June 1, 1999. The effectiveness of such program in improving air quality shall be at least equal to, and cost competitive with, the federal reformulated gasoline program, 42 U.S.C. 7545. Subject to the conditions of this section, any reformulated gasoline program established pursuant to this section shall not preclude the use of ethanol."; and

Further amend the title and enacting clause accordingly.

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

Senator Klarich offered a substitute motion that the Senate refuse to concur in the conference committee report on HS for HCS for SB 619, as amended, and request the House to grant further conference and that the Senate conferees be instructed to remove Franklin County from the non-attainment area in regards to reformulated gas.

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

President Wilson assumed the Chair.

Senator McKenna moved that the conference committee report on HS for HCS for SB 619 be adopted, which motion prevailed by the following vote:

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

On motion of Senator McKenna, HS for HCS for SB 619, as amended by the conference committee report, was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
Curls DePasco Goode Graves
House Howard Jacob Johnson
Kenney Kinder Lybyer Maxwell
McKenna Quick Rohrbach Russell
Scott Singleton Staples Westfall
Wiggins--25
NAYS--Senators
Ehlmann Flotron Klarich Mueller
Schneider Sims Yeckel--7
Absent--Senators
Banks Mathewson--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

MESSAGES FROM THE HOUSE



The following message was 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 No. 2 on SS for SCS for HS for HCS for HB 1095 and has taken up and passed CCS No. 2 for SS for SCS for HS for HCS for HB 1095.

CONFERENCE COMMITTEE REPORTS

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, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT NO. 2 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, 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 Bill No. 1095, as amended;

2. 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;

3. That the attached Conference Committee Substitute No. 2 for Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1095 be adopted.

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, 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 No. 2 for SS for SCS for HS for HCS for HB 1095, entitled:

CONFERENCE COMMITTEE SUBSTITUTE NO. 2 FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1095

An Act to repeal sections 610.010, 610.015, 610.020, 610.022, 610.023, 610.026, 610.027, 610.029, 610.030, 610.105 and 610.125, RSMo 1994, and sections 43.503, 610.021, 610.100 and 610.200, RSMo Supp. 1997, relating to public meetings and records, and to enact in lieu thereof fifteen new sections relating to the same subject, with penalty provisions.

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

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

The President declared the bill passed.

On motion of Senator 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.

PRIVILEGED MOTIONS

Senator Maxwell moved that the conference committee report on SS for SCS for HS for HB 1694, as amended, be taken up for adoption, which motion prevailed.

Senator Maxwell 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
Klarich Lybyer Mathewson Maxwell
McKenna Russell Schneider Scott
Staples Westfall Wiggins--27
NAYS--Senators
Kinder Mueller Rohrbach Sims
Singleton Yeckel--6
Absent--Senator Quick--1
Absent with leave--Senators--None

On motion of Senator Maxwell, CCS for SS for SCS for HS for HB 1694, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE BILL NO. 1694

An Act to repeal section 173.260, RSMo 1994, and to enact in lieu thereof twenty-one new sections relating to financial assistance for certain students, with an effective 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 Graves House Howard
Jacob Johnson Lybyer Mathewson
Maxwell McKenna Quick Russell
Scott Staples Westfall Wiggins--24
NAYS--Senators
Kenney Kinder Klarich Mueller
Rohrbach Sims Singleton Yeckel--8
Absent--Senators
Goode Schneider--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

Senator Caskey, on behalf of the conference committee appointed to act with a like committee from the House on HS for HCS for SCS for SB 659, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 659

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 Bill No. 659; 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 House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 659;

2. That the attached Conference Committee Amendment No. 1 be adopted.

3. That the House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 659 with Conference Committee Amendment No. 1 be truly agreed to and finally passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Harold Caskey /s/ Wayne Crump
/s/ Mike Lybyer /s/ Don Kissell (17)
/s/ John E. Scott /s/ Bill Ransdall
/s/ Marvin Singleton /s/ Bill Alter
/s/ David Klarich /s/ Rex Barnett


CONFERENCE COMMITTEE

AMENDMENT NO. 1

Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 659, Pages 1-3, Section 43.050, by striking all of said section from the bill; and

Further amend the title and enacting clause accordingly.

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

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

Senator Staples assumed the Chair.

On motion of Senator Caskey, HS for HCS for SCS for SB 659, as amended by the conference committee report, was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HOUSE BILLS ON THIRD READING

Senator Schneider moved that SCS for HB 1880 be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

On motion of Senator Schneider, SCS for HB 1880 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
Russell Schneider Scott Sims
Singleton Staples Wiggins Yeckel--32
NAYS--Senators
Rohrbach Westfall--2
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

CONFERENCE COMMITTEE REPORTS

Senator Caskey moved that HB 1239, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

Senator Caskey moved that HB 1239, as amended, be read the 3rd time and finally passed.

Senator Kenney raised the point of order that the conference committee report goes beyond the scope and purpose of the subject matter of the original bill.

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

Senator Schneider offered a substitute motion that the Senate request the House to grant the Senate a further conference.

At the request of Senator Caskey, the motion for 3rd reading was withdrawn.

HOUSE BILLS ON THIRD READING

Senator Mathewson moved that HS for HCS for HB 1656, 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, as amended, was again taken up.

Senator Rohrbach offered SA 9:

SENATE AMENDMENT NO. 9

Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1656, Page 31, Section 135.530, by deleting all of said section and inserting in lieu thereof the following:

"135.530. For the purposes of this act, "distressed community" means either a Missouri municipality within a metropolitan statistical area which has a median household income of under seventy percent of the median household income for the metropolitan statistical area, according to the last decennial census, or the United States Census Block Group or contiguous group of block groups within a metropolitan statistical area which has a population of at least two thousand five hundred, and which has a median household income of under seventy percent of the median household income for the metropolitan area in Missouri, according to the last decennial census. In addition the definition shall include municipalities not in a metropolitan statistical area, with a median household income of seventy percent of the median household income for the nonmetropolitan areas of Missouri according to the last decennial census or a Census Block Group or contiguous group of block groups which has a population of at least two thousand five hundred which has a median household income of seventy percent of the median household income for the nonmetropolitan areas of Missouri, according to the last decennial census.".

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

Senator Mathewson moved that SS for SCS for HS for HCS for HB 1656, as amended, be adopted, which motion prevailed.

On motion of Senator Mathewson, SS for SCS for HS for HCS for HB 1656, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Russell
Schneider Sims Singleton Staples
Wiggins Yeckel--30
NAYS--Senators
Kenney Rohrbach Westfall--3
Absent--Senator Scott--1
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.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which was referred HS for HCS for HBs 1051 and 1276, 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 1051 and 1276, with SCS, entitled:

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

Was taken up by Senator McKenna.

SCS for HS for HCS for HBs 1051 and 1276, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1051 and 1276

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

Was taken up.

Senator McKenna moved that SCS for HS for HCS for HBs 1051 and 1276 be adopted.

Senator Flotron offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1051 and 1276, Section 2, Line 3, by inserting after all of said line the following:

"3. Notwithstanding any other provisions of 537.600 to 537.650 the rules of joint and several liability as set out in 537.067 shall not apply to the state, its public entities and their employees, agents, servants and representatives on claims within the scope of sections 537.600 to 537.650, but the state, its public entities, and their employees, agents, servants and representatives shall be liable only for any amounts apportioned to them and directly attributable to them.".

Senator Flotron moved that the above amendment be adopted.

President Wilson assumed the Chair.

Senator Klarich offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1051 and 1276, Page 5, Section 537.610, Lines 7-8, by striking the words "in addition to reasonable and necessary medical expenses not to exceed two hundred fifty thousand dollars"; and further amend said section, page 6, lines 20 and 21, by striking the words "in addition to reasonable and necessary medical expenses not to exceed two hundred fifty thousand dollars"; and further amend said page and section, lines 32 and 33, by striking the words "in addition to reasonable and necessary medical expenses not to exceed two hundred fifty thousand dollars"; and

Further amend said bill, page 6, Section 537.610, Line 44, by inserting immediately after all of said line the following:

"7. The rules of joint and several liability shall not apply to the state or public entities under sections 537.600 to 537.650 unless the conduct or condition described in subsection 1 of section 537.600 directly caused or directly contributed to cause damages to the plaintiff. Nothing in this section shall be construed to increase the liability of the state or its political entities beyond the limits of liability set out in sections 537.600 to 537.650.".

Senator Klarich moved that the above substitute amendment be adopted.

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

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1051 and 1276, Page 1, Line 4, by deleting the words "in addition to" and inserting in lieu thereof the word "including" and further on line 5, delete the word "two" and insert in lieu thereof the word "one".

Senator Childers moved that the above amendment be adopted.

At the request of Senator Childers, SA 1 to SSA 1 for SA 1 was withdrawn.

SSA 1 for SA 1 was again taken up.

At the request of Senator McKenna, HS for HCS for HBs 1051 and 1276, with SCS, SA 1 and SSA 1 for SA 1 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which was referred HCS for HB 1891, begs leave to report that it has considered the same and recommends that the bill do pass.

HOUSE BILLS ON THIRD READING

At the request of Senator Jacob, HCS for HBs 1363 and 906, with SCA 1, was placed on the Informal Calendar.

At the request of Senator McKenna, HCS for HB 1626 was placed on the Informal Calendar.

HCS for HB 1891, entitled:

An Act to repeal sections 571.070 and 571.090, RSMo 1994, and section 571.030, RSMo Supp. 1997, relating to certain weapons offenses, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions and a referendum clause.

Was taken up by Senator Caskey.

Senator Caskey offered SS for HCS for HB 1891, entitled:

SENATE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1891

An Act to repeal sections 571.070 and 571.090, RSMo 1994, and section 571.030, RSMo Supp. 1997, relating to certain weapons offenses, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions and a referendum clause.

Senator Caskey moved that SS for HCS for HB 1891 be adopted.

Senator Clay offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for House Committee Substitute for House Bill No. 1891, Page 21, Section B, Line 19, by striking the following: "April, 1999" and inserting in lieu thereof "November, 1998".

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

Senator Scott offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for House Committee Substitute for House Bill No. 1891, Page 10, Line 138, by inserting after the word "day" the words ", or into any facility licensed under chapters 197 or 198, RSMo".

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

Senator Caskey moved that SS for HCS for HB 1891 be adopted.

Senator Banks requested a roll call vote be taken on the adoption of SS for HCS for HB 1891 and was joined in his request by Senators Staples, Westfall, Kinder and Lybyer.

SS for HCS for HB 1891 was adopted by the following vote:

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

On motion of Senator Caskey, SS for HCS for HB 1891 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

MESSAGES FROM THE HOUSE

The following message was received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SS for SCS for SBs 852 and 913, entitled:

An Act to repeal sections 361.080, 362.044, 362.245, 362.250 and 408.653, RSMo 1994, and sections 319.100 and 319.131, RSMo Supp. 1997, and to enact in lieu thereof eight new sections relating to banking.

With House Amendments Nos. 1, 2, 3, 4, House Amendment No. 1 to House Amendment No. 5, House Amendment No. 5, as amended, and House Amendment No. 6.

HOUSE AMENDMENT NO. 1

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 852 and 913, Page 1, In the Title, Line 2, by inserting after the number "362.250" the following: ", 402.200"; and

Further amend said bill, Page 1, In the Title, Line 3, by deleting all of said line and inserting in lieu thereof the following: "319.100, 319.131, 402.215 and 475.093, RSMo Supp. 1997, and to enact in lieu thereof eleven new sections"; and

Further amend said bill, Page 1, Section A, Line 1, by inserting after the number "362.250" the following: ", 402.200"; and

Further amend said bill, Page 1, Section A, Line 2, by deleting all of said line and inserting in lieu thereof the following: "sections 319.100, 319.131, 402.215 and 475.093, RSMo Supp. 1997, and to enact in lieu thereof eleven new sections"; and

Further amend said bill, Page 1, Section A, Line 4, by deleting the following: "408.145 and 408.653" and inserting in lieu thereof the following: "402.200, 402.215, 408.145, 407.653 and 475.093"; and

Further amend said bill, Page 11, Section 362.250, Line 22, by inserting after all of said line the following:

"402.200. As used in sections 402.199 to 402.220, the following terms mean:

(1) "Board of trustees", the Missouri family trust board of trustees;

(2) "Charitable trust", the trust established to provide benefits for individuals, as set forth in section 402.215;

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

(4) "Handicap", a mental or physical impairment that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury or disease, and where the impairment is verified by medical findings;

(5) "Life beneficiary", a designated beneficiary of the Missouri family trust fund;

(6) "Net income", the earnings received on investments less administrative expenses and fees;

(7) ["Original contribution", the then principal balance of all contributions made to a particular account, but not including any appreciation in value of investments or accretions thereto resulting from any source, such as dividends, interest and capital gains. In no event shall "original contribution" mean more than the total of all contributions made to a particular account;] "Principal balance", the fair market value of all contributions made to a particular account, less distributions, determined as of the end of the calendar month immediately preceding the occurrence giving rise to any determination of principal balance;

(8) "Requesting party", the party desiring arbitration;

(9) "Responding party", the other party in arbitration of a dispute regarding benefits to be provided by the trust;

(10) "Successor trust", the trust established upon distribution by the board of trustees pursuant to notice of withdrawal or termination and administered as set forth in section 402.215;

(11) "Trust", the Missouri family trust fund established pursuant to sections 402.200 to 402.220;

(12) "Trustee", a member of the Missouri family trust board of trustees.

402.215. 1. The board of trustees is authorized and directed to establish and administer the Missouri family trust. The board shall be authorized to execute all documents necessary to establish and administer the trust including the formation of a not for profit corporation created pursuant to chapter 355, RSMo, and to qualify as an organization pursuant to section 501(c)(3) of the United States Internal Revenue Code.

2. The trust documents shall include and be limited by the following provisions:

(1) The Missouri family trust fund shall be authorized to accept contributions from any source including trustees, personal representatives, personal custodians [under] pursuant to chapter 404, RSMo, and other fiduciaries, other than directly from the life beneficiaries and their respective spouses, to be held, administered, managed, invested and distributed in order to facilitate the coordination and integration of private financing for individuals who have a handicap or are eligible for services provided by the Missouri department of mental health, or both, while maintaining the eligibility of such individuals for government entitlement funding. All contributions, and the earnings thereon, shall be administered as one trust fund; however, separate accounts shall be established for each designated beneficiary. The income earned, after deducting administrative expenses, shall be credited to the accounts of the respective life beneficiaries in proportion to the [amount of the contribution made] principal balance in the account for each such life beneficiary, [reduced from time to time by any distributions or encroachments,] to the total [contributions, reduced from time to time by any distributions or encroachments, made] principal balances in the accounts for all life beneficiaries.

(2) Every donor may designate a specific person as the life beneficiary of the contribution made by such donor. In addition, each donor may name a cotrustee, including the donor, and a successor or successors to the cotrustee, to act with the trustees of the trust on behalf of the designated life beneficiary; provided, however, a life beneficiary shall not be eligible to be a cotrustee or a successor cotrustee; provided, however, that court approval of the specific person designated as life beneficiary and as cotrustee or successor trustee shall be required in connection with any trust created pursuant to section 473.657, RSMo, or section 475.093, RSMo.

(3) The trust, with the consent of the cotrustee, shall annually agree on the amount of income or principal or income and principal to be used to provide noncash benefits and the nature and type of benefits to be provided for the life beneficiary. Any net income which is not used shall be added to principal annually. In the event that the trust and the donor, serving as the cotrustee, shall be unable to agree either on the amount of income or principal or income and principal to be used for or the benefits to be provided, then none of the income or principal shall be used. In the event that the trust and the cotrustee, other than the donor, shall be unable to agree either on the amount of income or principal or income and principal to be used or the benefits to be provided, then either the trust or the cotrustee shall have the right to request that the matter be resolved by arbitration. The requesting party shall send a written request for arbitration to the responding party and shall in such request set forth the name, address and telephone number of such requesting party's arbitrator. The responding party shall, within ten days after receipt of the request for arbitration, set forth in writing to the requesting party the name, address and telephone number of the responding party's arbitrator. Copies of the request for arbitration and response shall be sent to the director of the department. If the two designated arbitrators shall be unable to agree upon a third arbitrator within ten days after the responding party shall have identified such party's arbitrator, then the director of the department shall designate the third arbitrator by written notice to the requesting and responding parties' arbitrators. The three arbitrators shall meet and render a decision within thirty days after the appointment of the third arbitrator. A decision of a majority of the arbitrators shall be binding upon the requesting and responding parties. Each party shall pay the fees and expenses of such party's arbitrator and the fees and expenses of the third arbitrator shall be borne equally by the parties.

(4) Any donor, during his or her lifetime, except for a trust created pursuant to section 473.657, RSMo, or section 475.093, RSMo, may revoke any gift made to the trust; provided, however, any donor may, at any time, voluntarily waive the right to revoke. In the event that at the time the donor shall have revoked his or her gift to the trust the life beneficiary shall not have received any benefits provided by use of trust income or principal, then an amount equal to one hundred percent of the [original contribution] principal balance shall be returned to the donor. Any undistributed net income shall be distributed to the charitable trust. In the event that at the time the donor shall have revoked his or her gift to the trust the life beneficiary shall have received any benefits provided by the use of trust income or principal, then an amount equal to ninety percent of the [original contribution, reduced by any distributions or encroachments of principal previously made,] principal balance shall be returned to the donor. The balance of the [original contribution, as reduced,] principal balance together with all undistributed net income, shall be distributed to the charitable trust.

(5) Any acting cotrustee, except a cotrustee of a trust created pursuant to section 473.657, RSMo, or section 475.093, RSMo, other than the original donor of a life beneficiary's account, shall have the right, for good and sufficient reason upon written notice to the trust and the department stating such reason, to withdraw all or a portion of the [original contribution, reduced by any distributions or encroachments of principal previously made] principal balance. In such event, the applicable portion, as set forth below, of the [original contribution, as reduced by distributions or encroachments previously made for the benefit of the life beneficiary,] principal balance shall then be distributed to the successor trust and the balance of the [original contribution, as reduced,] principal balance together with any undistributed net income, shall be distributed to the charitable trust.

(6) In the event that a life beneficiary for whose benefit a contribution or contributions shall have been made to the family trust fund, except a cotrustee of a trust created pursuant to section 473.657, RSMo, or section 475.093, RSMo, shall move from the state of Missouri or otherwise cease to be eligible for services provided by the department of mental health and neither the donor nor the then acting cotrustee shall revoke or withdraw all of the [original contribution] principal balance, then the board of trustees may, by written notice to such donor or acting cotrustee, terminate the trust as to such beneficiary and thereupon shall distribute the applicable portion, as set forth herein, of the [original contribution] principal balance, to the trustee of the successor trust to be held, administered and distributed by such trustee in accordance with the provisions of the successor trust described in subdivision [(9)] (10) of this subsection.

(7) If at the time of withdrawal or termination as provided in subdivision (6) of this subsection of a life beneficiary's account from the trust either the life beneficiary shall not have received any benefits provided by the use of the trust income or principal or the life beneficiary shall have received benefits provided by the use of trust income or principal for a period of not more than five years from the date a contribution shall have first been made to the trust for such life beneficiary, then an amount equal to ninety percent of the [original contribution, reduced by any distributions or encroachments of principal previously made,] principal balance shall be distributed to the successor trust, and the balance of the [original contribution, as reduced,] principal balance together with all undistributed net income, shall be distributed to the charitable trust; provided, however, if the life beneficiary at the time of such withdrawal by the cotrustee or termination as provided above shall have received any benefits provided by the use of trust income or principal for a period of more than five years from the date a contribution shall have first been made to the trust for such life beneficiary, then an amount equal to seventy-five percent of the [original contribution, reduced by any distributions or encroachments of principal previously made,] principal balance shall be distributed to the successor trust, and the balance of the [original contribution, as reduced,] principal balance together with all undistributed net income, shall be distributed to the charitable trust.

(8) Subject to the provisions of subdivision (9) of this subsection, if the life beneficiary dies before receiving any benefits provided by the use of trust income or principal, then an amount equal to one hundred percent of the [original contribution] principal balance shall be distributed to such person or persons as the donor shall have designated. Any undistributed net income shall be distributed to the charitable trust. If at the time of death of the life beneficiary, the life beneficiary shall have been receiving benefits provided by the use of trust income or principal or income and principal, then, in such event, an amount equal to seventy-five percent of the [original contribution, reduced by any distributions or encroachments of principal previously made,] principal balance shall be distributed to such person or persons as the donor designated, and the balance of the [original contribution, as reduced] principal balance, together with all undistributed net income, shall be distributed to the charitable trust.

(9) In the event the trust is created as a result of a distribution from a personal representative of an estate of which the life beneficiary is a distributee, then if the life beneficiary dies before receiving any benefits provided by the use of trust income or principal, an amount equal to one hundred percent of the [original contribution] principal balance shall be distributed to such person or persons who are the life beneficiary's heirs at law. The balance, if any, of the [original contribution] principal balance, together with all undistributed income shall be distributed to the charitable trust. If at the time of death of the life beneficiary the life beneficiary shall have been receiving benefits provided by the use of trust income or principal or income and principal, then, an amount equal to seventy-five percent of the [original contribution, reduced by any distributions or encroachments of principal previously made,] principal balance shall be distributed to such person or persons who are the life beneficiary's heirs at law. The balance of the [original contribution] principal balance, together with all undistributed income shall be distributed to the charitable trust.

(10) In the event the trust is created as a result of the recovery of damages by reason of a personal injury to the life beneficiary, then if the life beneficiary dies before receiving any benefits provided by the use of trust income or principal, the state of Missouri shall receive all amounts remaining in the trust up to an amount equal to the total medical assistance paid on behalf of such life beneficiary under a state plan under Title 42 of the United States Code, and then to the extent there is any amount remaining in the trust, an amount equal to one hundred percent of the [original contribution] principal balance shall be distributed to such person or persons who are the life beneficiary's heirs at law. The balance, if any, of the [original contribution] principal balance, together with all undistributed income shall be distributed to the charitable trust. If at the time of death of the life beneficiary the life beneficiary shall have been receiving benefits provided by the use of trust income or principal or income and principal then the state of Missouri shall receive all amounts remaining in the trust up to an amount equal to the total medical assistance paid on behalf of such life beneficiary under a state plan under Title 42 of the United States Code, and then to the extent there is any amount remaining in the trust, an amount equal to seventy-five percent of the [original contribution, reduced by any distributions or encroachments or principal previously made,] principal balance shall be distributed to such person or persons who are the life beneficiary's heirs at law. The balance of the [original contribution] principal balance, together with all undistributed income, shall be distributed to the charitable trust.

(11) Upon receipt of a notice of withdrawal from a designated cotrustee, other than the original donor, and a determination by the board of trustees that the reason for such withdrawal is good and sufficient, or upon the issuance of notice of termination by the board of trustees, the board of trustees shall distribute and pay over to the designated trustee of the successor trust the applicable portion of the [original contribution, reduced by any distributions or encroachments of principal previously made for the benefit of the beneficiary] principal balance; provided, however, that court approval of distribution to a successor trustee shall be required in connection with any trust created pursuant to section 473.657, RSMo, or section 475.093, RSMo. The designated trustee of the successor trust shall hold, administer and distribute the principal and income of the successor trust, in the discretion of such trustee, for the maintenance, support, health, education and general well-being of the beneficiary, recognizing that it is the purpose of the successor trust to supplement, not replace, any government benefits for the beneficiary's basic support to which such beneficiary may be entitled and to increase the quality of such beneficiary's life by providing [him] the beneficiary with those amenities which cannot otherwise be provided by public assistance or entitlements or other available sources. Permissible expenditures include, but are not limited to, more sophisticated dental, medical and diagnostic work or treatment than is otherwise available from public assistance, private rehabilitative training, supplementary education aid, entertainment, periodic vacations and outings, expenditures to foster the interests, talents and hobbies of the beneficiary, and expenditures to purchase personal property and services which will make life more comfortable and enjoyable for the beneficiary but which will not defeat his or her eligibility for public assistance. Expenditures may include payment of the funeral and burial costs of the beneficiary. The designated trustee, in his or her discretion, may make payments from time to time for a person to accompany the beneficiary on vacations and outings and for the transportation of the beneficiary or of friends and relatives of the beneficiary to visit the beneficiary. Any undistributed income shall be added to the principal from time to time. Expenditures shall not be made for the primary support or maintenance of the beneficiary, including basic food, shelter and clothing, if, as a result, the beneficiary would no longer be eligible to receive public benefits or assistance to which the beneficiary is then entitled. After the death and burial of the beneficiary, the remaining balance of the successor trust shall be distributed to such person or persons as the donor shall have designated.

(12) The charitable trust shall be administered as part of the family trust fund, but as a separate account. The income attributable to the charitable trust shall be used to provide benefits for individuals who have a handicap or who are eligible for services provided by or through the department and who either have no immediate family or whose immediate family, in the reasonable opinion of the trustees, is financially unable to make a contribution to the trust sufficient to provide benefits for such individuals, while maintaining such individuals' eligibility for government entitlement funding. As used in this section, the term "immediate family" includes parents, children and siblings. The individuals to be beneficiaries of the charitable trust shall be recommended to the trustees by the department and others from time to time. The trustees and the department shall annually agree on the amount of charitable trust income to be used to provide benefits and the nature and type of benefits to be provided by or through the department for each identified beneficiary of the charitable trust. Any income not used shall be added to principal annually."; and

Further amend said bill, Page 12, Section 408.653, Line 11, by adding after all of said line the following:

"475.093. 1. The court may authorize the establishment of a trust for the benefit of a protectee if it finds that the protectee qualifies as a life beneficiary pursuant to section 402.205, RSMo, and that the establishment of such a trust would be in the protectee's best interest.

2. A trust may be established in the best interest of the protectee pursuant to sections 402.199 to 402.225, RSMo, notwithstanding the fact that a sum not exceeding twenty-five percent of the [original contribution] principal balance as defined in subdivision (7) of section 402.200, RSMo, will be distributed to the charitable trust as prescribed by section 402.215, RSMo.".

HOUSE AMENDMENT NO. 2

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 852 and 913, Page 1, In the title, Line 2, by inserting immediately before the figure "361.080" the figure "301.640,"; and

Further amend said bill, Page 1, In the title, Line 3, by deleting the word "eight" and inserting in lieu thereof the word "nine"; and

Further amend said bill, Page 1, In the title, Line 4, by inserting after the word "banking" the following: ", with an effective date"; and

Further amend said bill, Page 1, Section A, Line 1, by inserting after the word "Sections" the figure "301.640,"; and

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

Further amend said bill, Page 1, Section A, Line 3, by inserting after the word "sections" the figure "301.640,"; and

Further amend said bill, Page 1, Section A, Line 4, by inserting after all of said line the following:

"301.640. 1. Upon the satisfaction of [a] any lien or encumbrance of a motor vehicle or trailer for which the certificate of ownership is in possession of the lienholder, he shall, within ten business days [after demand and, in any event, within thirty days,] release his lien or encumbrance on the certificate, and mail or deliver the certificate to the next lienholder named therein, or, if none, to the owner or any person who delivers to the lienholder an authorization from the owner to receive the certificate. The owner may cause the certificate to be mailed or delivered to the director of revenue, who shall issue a new certificate of ownership upon application and payment of the required fee. A lien or encumbrance shall be satisfied for the purposes of this section when a lienholder receives payment in full in the form of certified funds, as defined in section 381.410, RSMo.

2. Upon the satisfaction of [a] any lien or encumbrance in a motor vehicle or trailer for which a certificate is in possession of a prior lienholder, the lienholder whose lien or encumbrance is satisfied shall within ten business days [after demand and, in any event, within thirty days,] release the lien or encumbrance on the certificate and deliver the certificate to the owner or any person who delivers to the lienholder an authorization from the owner to receive it. The lienholder in possession of the certificate shall at the request of the owner and upon surrender of the certificate of title by the owner and receipt of the required fee, either mail or deliver the certificate of ownership to the director of revenue, or deliver the certificate to the owner, or the person authorized by him, for delivery to the director of revenue, who shall issue a new certificate.

3. If the purchase price of a motor vehicle or trailer did not exceed six thousand dollars at the time of purchase, a lien or encumbrance which was not perfected by a motor vehicle financing corporation whose net worth exceeds one hundred million dollars, or a depository institution, shall be considered satisfied within six years from the date the lien or encumbrance was originally perfected unless a new lien or encumbrance has been perfected as provided in section 301.600. This subsection does not apply to motor vehicles or trailers for which the certificate of ownership has recorded in the second lienholder portion the words "subject to future advances".

4. Any lienholder who fails to comply with subsection 1 or 2 of this section shall pay to the person or persons satisfying the lien or encumbrance twenty-five dollars for the first ten business days after expiration of the time period prescribed in subsection 1 or 2 of this section, and such payment shall double for each ten days thereafter in which there is continued noncompliance, up to a maximum of five hundred dollars for each lien. If delivery of the certificate is made by mail, the delivery date is the date of the postmark for purposes of this subsection.

Section B. Section A of this act shall become effective on January 1, 1999.".

HOUSE AMENDMENT NO. 3

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 852 and 913, Page 1, In the title, Line 2, by inserting after the words "repeal sections" the figure "30.753,"; and

Further amend said bill, Page 1, In the title, Line 3, by deleting the word "eight" and inserting in lieu thereof the word "nine"; and

Further amend said bill, Page 1, Section A, Line 1, by inserting after the word "Sections" the figure "30.753,"; and

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

Further amend said bill, Page 1, Section A, Line 3, by inserting after the word "sections" the figure "30.753,"; and

Further amend said bill, Page 1, Section A, Line 4, by inserting after all of said line the following:

"30.753. 1. The state treasurer may invest in linked deposits; however, the total amount so deposited at any one time shall not exceed, in the aggregate, three hundred fifty million dollars. No more than one hundred sixty-five million dollars of the aggregate deposit shall be used for linked deposits to eligible farming operations, eligible agribusinesses, eligible beginning farmers and eligible livestock operations, no more than fifty-five million of the aggregate deposit shall be used for linked deposits to small businesses, no more than ten million dollars of the aggregate deposit shall be used for linked deposits to eligible residential property developers and eligible residential property owners, no more than one hundred ten million dollars of the aggregate deposit shall be used for linked deposits to eligible job enhancement businesses and no more than ten million dollars of the aggregate deposit shall be used for linked deposit loans to eligible water systems. Linked deposit loans may be made to eligible student borrowers from the aggregate deposit. If demand for a particular type of linked deposit exceeds the initial allocation, and funds initially allocated to another type are available and not in demand, the state treasurer may commingle allocations among the types of linked deposits. The amount reallocated under this commingling provision shall not exceed [ten] fifty percent of the initial allocation.

2. The minimum deposit to be made by the state treasurer to an eligible lending institution for eligible job enhancement business loans shall be ninety thousand dollars. Linked deposit loans for eligible job enhancement businesses may be made for the purposes of assisting with relocation expenses, working capital, interim construction, inventory, site development, machinery and equipment, or other expenses necessary to create or retain jobs in the recipient firm.".

HOUSE AMENDMENT NO. 4

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 852 and 913, Page 1, In the Title, Line 2, by inserting after the number "362.250" the following: ", 376.1075"; and

Further amend said bill, Page 1, In the Title, Line 3, by deleting the word "eight" and inserting in lieu thereof the word "nine"; and

Further amend said bill, Page 1, Section A, Line 1, by inserting after the number "362.250" the following: ", 376.1075"; and

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

Further amend said bill, Page 1, Section A, Line 3, by inserting after the number "362.250," the number "376.1075,"; and

Further amend said bill, Page 11, Section 362.250, Line 22, by inserting after all of said line the following:

"376.1075. As used in sections 376.1075 to 376.1095, the following terms mean:

(1) "Administrator", "third-party administrator" or "TPA", a person who directly or indirectly solicits or effects coverage of, underwrites, collects charges or premiums from, or adjusts or settles claims on residents of this state, or residents of another state from offices in this state, in connection with life or health insurance coverage, annuities, or workers' compensation except any of the following:

(a) An employer on behalf of its employees or the employees of one or more subsidiary or affiliated corporations of such employer;

(b) A union on behalf of its members;

(c) An insurance company which is either licensed in this state pursuant to the requirements of this chapter or chapter 379, RSMo;

(d) An insurer authorized to do insurance business in another state pursuant to similar laws, with respect to a policy lawfully issued and delivered in a state other than this state, when engaged in transacting the business of insurance as defined by this chapter and chapter 379, RSMo;

(e) A health service corporation, health maintenance organization or prepaid dental plan operating pursuant to the requirements of chapter 354, RSMo, when engaged in its duties of providing health care or dental services and indemnifying its members;

(f) A life or health agent or broker licensed in this state, whose activities are limited exclusively to the sale of insurance;

(g) A creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors;

(h) A trust, its trustees, agents and employees acting thereunder, established in conformity with 29 U.S.C. 186;

(i) A trust exempt from taxation under section 501(a) of the Internal Revenue Code, its trustees, and employees acting thereunder;

(j) A custodian, its agents and employees acting pursuant to a custodian account which meets the requirements of section 401(f) of the Internal Revenue Code;

(k) A bank, credit union or other financial institution which is subject to supervision or examination by federal or state banking authorities;

(l) A credit card issuing company which advances for and collects premiums or charges from its credit card holders who have authorized it to do so, provided such company does not adjust or settle claims;

(m) A person who adjusts or settles claims in the normal course of his or her practice or employment as an attorney at law, and who does not collect charges or premiums in connection with life or health insurance coverage or annuities;

(n) An adjuster [licensed by this state] whose activities are limited to adjustment of claims and who is either licensed by this state or working on behalf of a licensed workers' compensation insurer;

(o) A person licensed as an insurance agent in this state, whose activities are limited exclusively to the activities of a managing general agent;

(2) "Affiliate" or "affiliated", any entity or person who directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, a specified entity or person;

(3) "Control", as defined in chapter 382, RSMo;

(4) "Director", the director of the department of insurance;

(5) "Insurance" or "insurance coverage", any coverage offered or provided by an insurer;

(6) "Insurer", any person undertaking to provide life or health insurance coverage, annuities or workers' compensation coverage in this state. For the purposes of sections 376.1075 to 376.1095, insurer includes a licensed insurance company, a prepaid hospital or medical care plan, a health maintenance organization, a multiple employer self-insured health plan, a self-insured multiple employer welfare arrangement, or any other person providing a plan of insurance subject to state insurance regulation. Insurer does not include a bona fide employee benefit plan established by an employer or an employee organization, or both, for which the insurance laws of this state are preempted pursuant to the Employee Retirement Income Security Act of 1974;

(7) "Underwrites" or "underwriting" means, but is not limited to, the acceptance of employer or individual applications for coverage of individuals in accordance with the written rules of the insurer, the overall planning and coordinating of an insurance program, and the ability to procure bonds and excess insurance.".

HOUSE AMENDMENT NO. 1 TO

HOUSE AMENDMENT NO. 5

Amend House Amendment No. 5 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 852 and 913, Page 2, Section 1, Line 4 of said page, by adding the word "derogatory" between the words "any" and "report" and further amend said amendment, page 2, lines 8 and 9 of said page, by deleting all of said lines and on line 10 of said page, by deleting the number "4" and inserting in lieu thereof the number "3".

HOUSE AMENDMENT NO. 5

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 852 and 913, Page 1, In the title, Line 3, by deleting the word "eight" and inserting in lieu thereof the word "nine"; and

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

Further amend said bill, Page 1, Section A, Line 4, by deleting the word and number "and 408.653" and inserting in lieu thereof the following: ", 408.653 and 1"; and

Further amend said bill, Page 12, Section 408.653, Line 11, by adding after all of said line the following:

"Section 1. 1. For the purposes of this section, the term "credit card" shall mean a credit device defined as such in the federal Consumer Credit Protection Act.

2. Any entity that issues credit cards in this state, delivers credit cards in this state or causes credit cards to be delivered in this state shall not make any report to a credit reporting agency on any credit card holder solely because such credit card holder has paid the entire outstanding balance on such credit card by the payment date.

3. Any entity that violates subsection 2 of this section shall be liable to the credit card holder for slander of credit.

4. Nothing herein shall authorize or prohibit an entity from suspending credit card privileges or recalling the issued credit card for any purpose.".

HOUSE AMENDMENT NO. 6

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 852 and 913, Page 1, In the Title, Line 2, by deleting the word and number "and 408.653" and inserting in lieu thereof the following: ", 408.653 and 448-3.116,"; and

Further amend said bill, Page 1, In the Title, Line 3, by deleting the word "eight" and inserting in lieu thereof the word "nine"; and

Further amend said bill, Page 1, Section A, Line 1, by deleting the word and number "and 408.653" and inserting in lieu thereof the following: ", 408.653 and 448-3.116"; and

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

Further amend said bill, Page 1, Section A, Line 4, by deleting the word and number "and 408.653" and inserting in lieu thereof the following: ", 408.653 and 448-3.116"; and

Further amend said bill, Page 12, Section 408.653, Line 11, by adding after all of said line the following:

"448.3-116. 1. The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. The association's lien may be foreclosed in like manner as a mortgage on real estate or a power of sale [under] pursuant to chapter 443, RSMo. Unless the declaration otherwise provides, fees, charges, late charges, fines, and interest charged pursuant to subdivisions (10), (11), and (12) of subsection 1 of section 448.3-102 are enforceable as assessments [under] pursuant to this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due.

2. A lien [under] pursuant to this section is prior to all other liens and encumbrances on a unit except:

(1) Liens and encumbrances recorded before the recordation of the declaration;

(2) A mortgage and deed of trust for the purchase of a unit recorded before the date on which the assessment sought to be enforced became delinquent; [and]

(3) Liens for real estate taxes and other governmental assessments or charges against the unit[.];

(4) Except for delinquent assessments or fines, up to a maximum of six months' assessments or fines, which are due prior to any subsequent refinancing of a unit or for any subsequent second mortgage interest.

This subsection does not affect the priority of mechanics' or materialmen's liens, or the priority of liens for other assessments made by the association. The lien [under] pursuant to this section is not subject to the provisions of section 513.475, RSMo.

3. Unless the declaration provides otherwise, if two or more associations have liens for assessments created at any time on the same real estate, those liens have equal priority.

4. Recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessment [under] pursuant to this section is required.

5. A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the full amount of the assessments becomes due.

6. This section shall not prohibit actions to recover sums for which subsection 1 of this section creates a lien, or prohibit an association from taking a deed in lieu of foreclosure.

7. A judgment or decree in any action brought [under] pursuant to this section shall include costs and reasonable attorney's fees for the prevailing party.

8. The association shall furnish to a unit owner, upon written request, a recordable statement setting forth the amount of unpaid assessments against [his] the unit owner's unit. The statement shall be furnished within ten business days after receipt of the request and is binding on the association, the executive board, and every unit owner.".

In which the concurrence of the Senate is respectfully requested.

PRIVILEGED MOTIONS

Senator Quick moved that SS for SCS for SBs 852 and 913, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SS for SCS for SBs 852 and 913, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 852 AND 913

An Act to repeal sections 361.080, 362.044, 362.245, 362.250 and 408.653, RSMo 1994, and sections 319.100 and 319.131, RSMo Supp. 1997, and to enact in lieu thereof eight new sections relating to banking.

Was taken up.

Senator Quick moved that HCS for SS for SCS for SBs 852 and 913, as amended, 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 Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senators
Singleton Staples--2
Absent with leave--Senators--None

On motion of Senator Quick, HCS for SS for SCS for SBs 852 and 913, as amended, was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

CONFERENCE COMMITTEE REPORTS

Senator Quick, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 936, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 936

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Bill No. 936, with House Amendment No. 1, House Amendment No. 2, House Amendment No. 3, House Substitute Amendment No. 1 for 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 Substitute Amendment No. 1 for House Amendment No. 11, House Amendment No. 12, House Amendment No. 13, House Amendment No. 14, House Amendment No. 15, House Amendment No. 16, House Amendment No. 17, House Amendment No. 18, House Amendment No. 19 and House Amendment No. 21; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Committee Substitute for Senate Bill No. 936, as amended;

2. That the Senate recede from its position on Senate Bill No. 936;

3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Bill No. 936 be truly agreed to and finally passed.

FOR THE SENATE: FOR THE HOUSE:
/s/ Ed Quick /s/ Joan Bray
/s/ Harry Wiggins /s/ Tim Van Zandt
John Schneider Mike Schilling
/s/ Franc Flotron /s/ Michael R. Gibbons
/s/ John T. Russell /s/ Daniel Hegeman


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

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

On motion of Senator Quick, CCS for HCS for SB 936, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 936

An Act to repeal sections 144.025, 144.027 and 260.285, RSMo 1994, and sections 67.1300, 144.010 and 144.030, RSMo Supp. 1997, relating to sales and use taxation, and to enact in lieu thereof seven new sections relating to the same subject.

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

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

The President declared the bill passed.

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

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

Senator Johnson 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 passed HS No. 2 for HCS for SS for SCS for SB 596, entitled:

An Act to repeal section 578.009, RSMo 1994, relating to animal abandonment, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

With House Amendment No. 1.

HOUSE AMENDMENT NO. 1

Amend House Substitute No. 2 for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 596, Page 1, In the Title, Line 2, by deleting the word "section" and inserting in lieu thereof the following: "sections 252.043 and"; and

Further amend said bill, Page 1, In the Title, Line 3, by deleting the words "animal abandonment" and inserting in lieu thereof the words "the treatment of animals"; and

Further amend said bill, Page 1, In the Title, Line 4, by deleting the words "one new section" and inserting in lieu thereof the words "five new sections"; and

Further amend said bill, Page 1, Section A, Lines 1 and 2, by deleting all of said lines and inserting in lieu thereof the following: "Section A. Sections 252.043 and 578.009, RSMo 1994, are repealed and five new sections enacted in lieu thereof, to be known as sections 252.043, 252.228, 252.244, 252.247 and"; and

Further amend said bill, Page 1, Section A, Line 10, by inserting after all of said line the following:

"252.043. The commission may suspend, revoke or deny a hunting permit or privilege for a maximum of five years when a person, while hunting, inflicts injury by firearm or other weapon to another person who is mistaken for game. No suspension, revocation or denial shall occur until an opportunity has been afforded for a hearing before the commission. Any person who is determined by the commission to have inflicted injury by firearm or other weapon shall be required to successfully complete a department-approved hunter safety course before his or her hunting permit or privilege shall be restored. The commission's proceeding shall be a contested case pursuant to chapter 536, RSMo, and any person aggrieved by a final decision shall be entitled to judicial review as provided in chapter 536, RSMo. If there is a mitigating, exculpatory or other extenuating circumstance or circumstances in connection with the inflicted injury, in addition to the judicial review provided in chapter 536, RSMo, any time after the commission's ruling, an aggrieved person is entitled to review by the circuit court in the county where the aggrieved person resides. If the court finds a sufficient mitigating, exculpatory or other extenuating circumstance or circumstances in connection with the inflicted injury, the court may modify the commission's suspension or revocation of the aggrieved person's hunting privileges.

252.228. 1. Individual hunting, fishing and trapping permit records maintained by the department of conservation, including address, telephone number, personal identifying characteristics, date of birth and unique identification numbers shall be available to:

(1) Any court;

(2) Any law enforcement agency;

(3) The U.S. Fish and Wildlife Service or its successor agency as provided by federal regulation for migratory bird surveys;

(4) Any state department, division, agency, bureau, board, commission, employee or agent thereof in the performance of any statutory or constitutional duty;

(5) Any political subdivision;

(6) Any agency of another state; and

(7) The holder of the permit.

2. Such information shall be inaccessible to all other persons when the holder of the permit has so requested in writing. Individual credit card numbers are closed records and shall not be released pursuant to sections 610.021, RSMo.

252.244. 1. Any political subdivision, elementary or secondary school, or any charitable, religious, fraternal or other not for profit organization may prepare or serve wild game, provided that there shall be no charge for the wild game served, in connection with:

(1) The organization's meetings;

(2) A fund-raising event; or

(3) Meals provided to indigent persons free of charge or at a reduced rate.

2. Except for venison donated or distributed pursuant to section 537.115, RSMo, an organization preparing or serving wild game shall visibly post at the entrance to the dining area a sign bearing the following message: "Public Notice: The wild game served at this facility has not been subject to state or federal inspection". The words of the message shall be written or printed in letters of not less than three-fourths of an inch high and three-fourths of an inch wide, and shall be readable.

3. Any individual or group of individuals may donate wild game, or collect and transport wild game to an organization pursuant to subsection 1 of this section, provided such wild game has been legally taken according to law and the rules and regulations relating to wildlife. Any wild game donated shall be accompanied by the name, address and phone number of the individual making such donation and shall be affixed to the individual package or the container holding more than one package.

4. In accordance with the rules and regulations relating to wildlife, any wild game that is captured or killed to prevent private property damage may be donated to any charitable organization approved by the department of conservation. The department shall maintain a list of approved organizations and shall make the list available upon request.

5. For purposes of this section, "wild game" shall include, but not be limited to, bear, deer, elk, hares, moose, rabbits, fox squirrels, black and gray squirrels, muskrat and game birds, except migratory birds regulated by the federal government, as defined by the rules and regulations relating to wildlife.

252.247. 1. The conservation commission may enter into an interstate wildlife violators compact with any one or more states.

2. The commission may adopt such rules as are necessary for the implementation of the compact.".

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 SB 629, entitled:

An Act to repeal sections 1, 2, 3, and 18 as they appear in senate committee substitute for house substitute for house committee substitute for house bill no. 1636 as truly agreed and finally passed by the second general session of the eighty-ninth general assembly, relating to community improvement, and to enact in lieu thereof twenty-five new sections relating to the same subject.

With House Amendments Nos. 1, 2 and 3.

HOUSE AMENDMENT NO. 1

Amend House Substitute for House Committee Substitute for Senate Bill No. 629, Page 6, Section 67.1600, Line 6 of said page, by inserting after the word "program" the following: "and shall remain confidential"; and

Further amend said bill, page 8, Section 67.1603, Line 6 of said page, by deleting ", a municipality with three"; and

Further amend said bill, page 8, Section 67.1603, Line 7 of said page, by deleting "hundred thousand or more inhabitants"; and

Further amend said bill, Page 33, Line 18 of said page, by deleting "the submission of and".

HOUSE AMENDMENT NO. 2

Amend House Substitute for House Committee Substitute for Senate Bill No. 629, Page 1, In the Title, Lines 2 through 10, by deleting all of said lines and inserting in lieu thereof the following: "To repeal section 141.750, RSMo 1994, section 18 as it appears in senate committee substitute for house substitute for house committee substitute for house bill no. 1636 as truly agreed and finally passed by the second regular session of the eighty-ninth general assembly and section 50.150 as it appears in senate committee substitute for house bill no. 1734, as truly agreed and finally passed by the second regular session of the eighty-ninth general assembly, relating to local political subdivisions, and to enact in lieu thereof two new sections relating to the same subject."; and

Further amend said bill, Pages 1 and 2, Section A, by deleting all of said section and inserting in lieu thereof the following:

"Section A. Section 141.750, RSMo 1994, section 18 as it appears in senate committee substitute for house substitute for house committee substitute for house bill no. 1636 as truly agreed and finally passed by the second regular session of the eighty-ninth general assembly and section 50.150 as it appears in senate committee substitute for house bill no. 1734, as truly agreed and finally passed by the second regular session of the eighty-ninth general assembly, are repealed and two new sections enacted in lieu thereof, to be known as sections 50.150 and 141.750, to read as follows:"; and

Further amend said bill, Pages 2 to 48, Sections 67.1600, 67.1603, 67.1606, 67.1609, 67.1612, 67.1615, 67.1618, 67.1621, 67.1624, 67.1627, 67.1630, 67.1633, 67.1636, 67.1639, 67.1642, 67.1645, 67.1648, 67.1651, 67.1654, 67.1657, 67.1660, 67.1663, 1, 2 and 3, by deleting all of said sections and inserting in lieu thereof the following:

"50.1500. 1. The governing body of any county, excluding township counties, may by ordinance or order provide for the payment of all or any part of current real and personal property taxes which are owed, at the option of the taxpayer, on an annual, semiannual or quarterly basis at such times as determined by such governing body.

2. The ordinance shall provide the method by which the amount of property taxes owed for the current tax year in which the payments are to be made shall be estimated. The collector shall submit to the governing body the procedures by which taxes will be collected pursuant to the ordinance or order. The estimate shall be based on the previous tax year's liability. A taxpayer's payment schedule shall be based on the estimate divided by the number of pay periods in which payments are to be made. The taxpayer shall at the end of the tax year pay any amounts owed in excess of the estimate for such year. The county shall at the end of the tax year refund to the taxpayer any amounts paid in excess of the property tax owed for such year. No interest shall be paid by the county on excess amounts owed to the taxpayer. Any refund paid the taxpayer pursuant to this subsection shall be an amount paid by the county only once in a calendar year.

3. If a taxpayer fails to make an installment payment of a portion of the real or personal property taxes owed to the county, then such county may charge the taxpayer interest and penalties on the [entire] remaining amount of such property taxes owed for that year.

4. Any governing body enacting the ordinance or order specified in this section shall first agree to provide the county collector with reasonable and necessary funds to implement the ordinance or order.

141.750. 1. Such land trust shall be a continuing body and shall have and adopt an official seal which shall bear on its face the words "Land Trust of ......... County, Missouri", "Seal", and shall have the power to sue and issue deeds in its name, which deed shall be signed by the chairman or vice chairman, and attested by the secretary or assistant secretary and the official seal of the land trust affixed thereon, and shall have the general power to administer its business as any other corporate body.

2. The land trust may convey title to any real estate sold or conveyed by it by general or special warranty deed, and may convey an absolute title in fee simple, without in any case procuring any consent, conveyance or other instrument from the beneficiaries for which it acts[;]. Provided, however, that each such deed shall recite whether the selling price represents a consideration equal to or in excess of two-thirds of the appraised value of such real estate so sold or conveyed, and if such selling price represents a consideration less than two-thirds of the appraised value of [said] such real estate, then the land trustees shall first procure the consent thereto of not less than two of the three appointing authorities, which consent shall be evidenced by a copy of the action of each such appointing authority duly certified to by its clerk or secretary attached to and made a part of [said] such deed. The land trustees shall have to procure one of the three appointing authorities if the land trust conveys such property to any Missouri not for profit organization whose primary purpose is the provision or enhancement of housing opportunities in its community.".

HOUSE AMENDMENT NO. 3

Amend House Substitute for House Committee Substitute for Senate Bill No. 629, Page 5, Section 67.1600, Line 5, by deleting the word "fair"; and

Further amend said bill, page 6, Section 67.1600, Lines 8 through 15, by deleting all of said lines and inserting in lieu thereof the following:

"(17) "Program appraiser", a real estate appraiser who is state licensed or state certified pursuant to sections 339.500 to 339.545, RSMo;".

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House to inform the Senate that House refuses to adopt SS for SCS for HCS for HB 1197, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

PRIVILEGED MOTIONS

Senator Johnson moved that SS for SCS for SB 596, 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 SS for SCS for SB 596, as amended, entitled:

HOUSE SUBSTITUTE NO. 2 FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 596

An Act to repeal section 578.009, RSMo 1994, relating to animal abandonment, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

Was taken up.

Senator Johnson moved that HS No. 2 for HCS for SS for SCS for SB 596, as amended, be adopted, which motion prevailed by the following vote:

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

On motion of Senator Johnson, HS No. 2 for HCS for SS for SCS for SB 596, as amended, was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

HOUSE BILLS ON THIRD READING

HB 1352, with SCS, introduced by Representatives Rizzo and Hoppe, entitled:

An Act to repeal section 89.120, RSMo 1994, relating to penalties for violations of zoning statutes and ordinances, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

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

SCS for HB 1352, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1352

An Act to repeal section 89.120, RSMo 1994, relating to penalties for violations of zoning statutes and ordinances, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

Was taken up.

Senator DePasco moved that SCS for HB 1352 be adopted.

Senator Kenney offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Bill No. 1352, Page 2, Section 89.120, Lines 35-53, by deleting all of said lines and inserting in lieu thereof the following:

"4. In a city with a population of more than three hundred fifty thousand, the owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars and not more than two hundred fifty dollars for each and every day that such violation continues, but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than one hundred dollars or more than five hundred dollars for each and every day that such violation shall continue or by imprisonment for ten days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court.".

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

Senator Curls offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Bill No. 1352, Page 1, Section A, Line 2, by inserting immediately after all of said line the following:

"67.399. 1. The governing body of any municipality may, by ordinance, establish a semiannual registration fee not to exceed two hundred dollars which shall be charged to the owner of any parcel of residential property improved by a residential structure, or commercial property improved by a structure containing multiple dwelling units, that is vacant, has been vacant for at least six months, and is characterized by violations of applicable housing codes established by such municipality.

2. The municipality shall designate a municipal officer to investigate any property that may be subject to the registration fee. The officer shall report his findings and recommendations, and shall determine whether any such property shall be subject to the registration fee. Within five business days, the clerk of the municipality shall notify by mail the owners of property on which the registration fee has been levied at their last known address according to the records of the city and the county. The property owner shall have the right to appeal the decision of the office to the municipal court within thirty days of such notification. Absent the existence of any valid appeal or request for reconsideration pursuant to subsection 3 of this section, the registration fee shall begin to accrue on the beginning of the second calendar quarter after the decision of the municipal officer.

3. Within thirty days of the municipality making such notification, the property owner may complete any improvements to the property that may be necessary to revoke the levy of the registration fee, and then may request a reinspection of the property and a reconsideration of the levy of the registration fee by the municipality. If the municipal officer revokes the registration fee, no such assessment shall be made and the matter shall be considered closed. If the municipal officer affirms the assessment of the registration fee, the property owner shall have the right to appeal the reconsideration decision of the municipal officer to the municipal court within thirty days of such decision. Absent the existence of any valid appeal to the municipal court or other court of competent jurisdiction, the registration fee shall begin to accrue on the beginning of the second calendar quarter after the reconsideration decision of the municipal governing body.

4. The municipal governing body shall establish by ordinance procedures for payment of the registration fee and penalties for delinquent payments of such fees. Any registration fees which are delinquent for a period of one year shall become a lien on the property and shall be subject to foreclosure proceedings in the same manner as delinquent real property taxes. The owner of the property against which the assessment was originally made shall be able to redeem the property only by presenting evidence that the violations of the applicable housing code cited by the municipal officers have been cured and presenting payment of all registration fees and penalties. Upon bona fide sale of the property to an unrelated party said lien shall be considered released and the delinquent registration fee forgiven."; and

Further amend the title and enacting clause accordingly.

Senator Curls moved that the above amendment be adopted.

Senator Kenney offered SSA 1 for SA 2:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Bill No. 1352, Page 2, Section 89.120, Line 26, by inserting an opening and closing bracket "[ ]" around the word "one" and inserting thereafter "two hundred-fifty"; and further amend lines 25 to 27, by striking all of said lines and inserting in lieu thereof the following: "such violation continues[, but if the offense be willful on conviction thereof] or by imprisonment for ten days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court. Notwithstanding the provisions of section 82.300, RSMo, however, for the second and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars or more than [two hundred and fifty] five hundred dollars for each and every day that such violation shall continue".

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

Senator DePasco offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Bill No. 1352, Page 1, In the Title, Lines 2 and 3, by deleting all of said lines and inserting in lieu thereof the following: "To repeal section 77.530 and 89.120, RSMo 1994, relating to the powers of certain cities, and to enact in lieu thereof two new sections relating to"; and

Further amend said bill, Page 1, Section A, Lines 1 and 2, by deleting all of said lines and inserting in lieu thereof the following:

"Section A. Sections 77.530 and 89.120, RSMo 1994, are repealed and two new sections enacted in lieu thereof, to be known as sections 77.530 and 89.120, to read as follows:

77.530. The council may make regulations and pass ordinances for the prevention of the introduction of contagious diseases into the city, and for the abatement of the same, and may make quarantine laws and enforce the same within five miles of the city. The council may purchase or condemn and hold for the city, within or without the city limits, within ten miles therefrom, all necessary lands for hospital purposes, waterworks, sewer carriage and outfall, and erect, establish and regulate hospitals, workhouses, poorhouses, police stations, fire stations and provide for the government and support of the same, and make regulations to secure the general health of the city, and to prevent and remove nuisances; provided, however, that the condemnation of any property outside of the city limits shall be regulated in all respects as the condemnation of property for railroad purposes is regulated by law; and provided further, that the police jurisdiction of the city shall extend over such lands and property to the same extent as over public cemeteries, as provided in this chapter.".

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

Senator Scott offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Bill No. 1352, Page 2, Section 89.120, Line 53, by inserting after all of said line the following:

"Section 1. Where regulations or prohibitions of the sale of fireworks are adopted by any first class county operating under a charter form of government and which contains a population in excess of nine hundred thousand inhabitants, such regulations or prohibitions shall supersede, as to those matters to which this section relates, all municipal ordinances, rules and regulations within the boundaries of such first class chartered county, but only to the extent such regulations or prohibitions are more restrictive than those adopted by a municipality located within such county."; and

Further amend the title and enacting clause accordingly.

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

Senator Ehlmann offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for House Bill No. 1352, Page 1, Section 89.120, Line 1, by inserting immediately before all of said line the following:

"71.012. 1. Notwithstanding the provisions of sections 71.015 and 71.860 to 71.920, the governing body of any city, town, or village may annex unincorporated areas which are contiguous and compact to the existing corporate limits of the city, town, or village as provided in this section. The term "contiguous and compact" does not include a situation whereby the unincorporated area proposed to be annexed is contiguous to the annexing city, town or village only by a railroad line, trail, pipeline or other strip of real property less than one-quarter mile in width within the city, town or village so that the boundaries of the city, town or village after annexation would leave unincorporated areas between the annexed area and the prior boundaries of the city, town or village connected only by such railroad line, trail, pipeline or other such strip of real property. The term "contiguous and compact" does not prohibit voluntary annexations under this section merely because such voluntary annexation would create an island of unincorporated area with the city, town or village, so long as the owners of the unincorporated island were also given the opportunity to voluntarily annex into the city, town or village. Notwithstanding the provisions of this section, the governing body of any city, town, or village in any county of the third classification which borders a county of the fourth classification, a county of the second classification and the Mississippi River may annex areas along a road or highway up to two miles from existing boundaries of the city, town or village.

2. (1) When a verified petition, requesting annexation and signed by the owners of all fee interests of record in all tracts of real property located within the area proposed to be annexed, is presented to the governing body of the city, town, or village, the governing body shall hold a public hearing concerning the matter not less than fourteen nor more than sixty days after the petition is received, and the hearing shall be held not less than seven days after notice of the hearing is published in newspapers of general circulation qualified to publish legal matters.

(2) At the public hearing any interested person, corporation or political subdivision may present evidence regarding the proposed annexation. If, after holding the hearing, the governing body of the city, town, or village determines that the annexation is reasonable and necessary to the proper development of the city, town, or village, and the city, town, or village has the ability to furnish normal municipal services to the area to be annexed within a reasonable time, it may, subject to the provisions of subdivision (3) of this subsection, annex the territory by ordinance without further action.

(3) If a written objection to the proposed annexation is filed with the governing body of the city, town, or village not later than fourteen days after the public hearing by at least two percent of the qualified voters of the city, town, or village, or two qualified voters of the area sought to be annexed if the same contains two qualified voters, the provisions of sections 71.015 and 71.860 to 71.920, shall be followed.

3. If no objection is filed, the city, town, or village shall extend its limits by ordinance to include such territory, specifying with accuracy the new boundary lines to which the city's, town's, or village's limits are extended. Upon duly enacting such annexation ordinance, the city, town, or village shall cause three certified copies of the same to be filed with the clerk of the county wherein the city, town, or village is located, and one certified copy to be filed with the election authority, if different from the clerk of the county which has jurisdiction over the area being annexed, whereupon the annexation shall be complete and final and thereafter all courts of this state shall take judicial notice of the limits of that city, town, or village as so extended.".

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

Senator Curls offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for House Bill No. 1352, Page 1, Section A, Line 2, by inserting immediately after all of said line the following:

"67.399. 1. The governing body of any municipality may, by ordinance, establish a semiannual registration fee not to exceed two hundred dollars which shall be charged to the owner of any parcel of residential property improved by a residential structure, or commercial property improved by a structure containing multiple dwelling units, that is vacant, has been vacant for at least six months, and is characterized by violations of applicable housing codes established by such municipality.

2. The municipality shall designate a municipal officer to investigate any property that may be subject to the registration fee. The officer shall report his findings and recommendations, and shall determine whether any such property shall be subject to the registration fee. Within five business days, the clerk of the municipality shall notify by mail the owners of property on which the registration fee has been levied at their last known address according to the records of the city and the county. The property owner shall have the right to appeal the decision of the office to the municipal court within thirty days of such notification. Absent the existence of any valid appeal or request for reconsideration pursuant to subsection 3 of this section, the registration fee shall begin to accrue on the beginning of the second calendar quarter after the decision of the municipal officer.

3. Within thirty days of the municipality making such notification, the property owner may complete any improvements to the property that may be necessary to revoke the levy of the registration fee, and then may request a reinspection of the property and a reconsideration of the levy of the registration fee by the municipality. If the municipal officer revokes the registration fee, no such assessment shall be made and the matter shall be considered closed. If the municipal officer affirms the assessment of the registration fee, the property owner shall have the right to appeal the reconsideration decision of the municipal officer to the municipal court within thirty days of such decision. Absent the existence of any valid appeal to the municipal court or other court of competent jurisdiction, the registration fee shall begin to accrue on the beginning of the second calendar quarter after the reconsideration decision of the municipal governing body.

4. The municipal governing body shall establish by ordinance procedures for payment of the registration fee and penalties for delinquent payments of such fees. Any registration fees which are delinquent for a period of one year shall become a lien on the property and shall be subject to foreclosure proceedings in the same manner as delinquent real property taxes. The owner of the property against which the assessment was originally made shall be able to redeem the property only by presenting evidence that the violations of the applicable housing code cited by the municipal officers have been cured and presenting payment of all registration fees and penalties. Upon bona fide sale of the property to an unrelated party said lien shall be considered released and the delinquent registration fee forgiven."; and

Further amend the title and enacting clause accordingly.

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

Senator DePasco moved that SCS for HB 1352, as amended, be adopted, which motion prevailed.

On motion of Senator DePasco, SCS for HB 1352, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Childers Clay
Curls DePasco Ehlmann Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senator Caskey--1
Absent--Senator Flotron--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

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 HB 1822, with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

HOUSE BILLS ON THIRD READING

HB 1822, with SCS, introduced by Representative Kelly (27), et al, entitled:

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

Was taken up by Senator Caskey.

SCS for HB 1822, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1822

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

Was taken up.

Senator Caskey moved that SCS for HB 1822 be adopted, which motion failed.

On motion of Senator Caskey, HB 1822 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay 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 Caskey, title to the bill was agreed to.

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

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

Senator Bentley moved that HB 1274, with SA 1 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SA 1 was again taken up.

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

Senator Bentley offered SA 2:

SENATE AMENDMENT NO. 2

Amend House Bill No. 1274, Page 3, Section 660.650.6, Lines 51-56, by deleting all of said lines and renumbering the remaining section accordingly.

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

On motion of Senator Bentley, HB 1274, as amended, was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

Senator Goode moved that the Senate refuse to recede from its position on HS for SB 629, as amended, and request the House to recede from its position on HA 1 to HS for SB 629 and repass the bill, which motion prevailed.

Senator Goode moved that the Senate refuse to grant further conference on HS for HCS for SB 487, as amended, and request the House to take up and pass the bill, which motion prevailed.

HOUSE BILLS ON THIRD READING

HS for HCS for HBs 977 and 1608, with SCS, entitled:

An Act to repeal sections 82.1025, 441.500, 441.510, 441.530, 441.550, 441.570, 441.580, 441.590, 441.610, 441.620, 441.630, 441.641, and 701.332, RSMo 1994, and section 441.520, RSMo Supp. 1997, relating to abatement of certain property, and to enact in lieu thereof fourteen new sections relating to the same subject.

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

SCS for HS for HCS for HBs 977 and 1608, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 977 and 1608

An Act to repeal sections 441.500, 441.510, 441.530, 441.550, 441.570, 441.580, 441.590, 441.610, 441.620, 441.630, 441.640, 441.641, and 701.332, RSMo 1994, and sections 82.1025 and 441.520, RSMo Supp. 1997, relating to abatement of certain property, and to enact in lieu thereof fourteen new sections relating to the same subject.

Was taken up.

Senator Clay moved that SCS for HS for HCS for HBs 977 and 1608 be adopted.

Senator Curls offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 977 and 1608, Page 1, In the Title, Line 4, by inserting after the word "abatement" the words "and rehabilitation"; and

Further amend said bill, Page 1, Section A, Line 6, by inserting after all of said line the following:

"67.399. 1. The governing body of any municipality contained wholly or partially within a county with a population of over six hundred thousand and less than nine hundred thousand may adopt an ordinance as provided in this section. The ordinance may establish a semiannual registration fee not to exceed two hundred dollars which shall be charged to the owner of any parcel of residential property improved by a residential structure, or commercial property improved by a structure containing multiple dwelling units, that is vacant, has been vacant for at least six months, and is characterized by violations of applicable housing codes established by such municipality.

2. The municipality shall designate a municipal officer to investigate any property that may be subject to the registration fee. The officer shall report his findings and recommendations, and shall determine whether any such property shall be subject to the registration fee. Within five business days, the clerk of the municipality shall notify by mail the owners of property on which the registration fee has been levied at their last known address according to the records of the city and the county. The property owner shall have the right to appeal the decision of the office to the municipal court within thirty days of such notification. Absent the existence of any valid appeal or request for reconsideration pursuant to subsection 3 of this section, the registration fee shall begin to accrue on the beginning of the second calendar quarter after the decision of the municipal officer.

3. Within thirty days of the municipality making such notification, the property owner may complete any improvements to the property that may be necessary to revoke the levy of the registration fee, and then may request a reinspection of the property and a reconsideration of the levy of the registration fee by the municipality. If the municipal officer revokes the registration fee, no such assessment shall be made and the matter shall be considered closed. If the municipal officer affirms the assessment of the registration fee, the property owner shall have the right to appeal the reconsideration decision of the municipal officer to the municipal court within thirty days of such decision. Absent the existence of any valid appeal to the municipal court or other court of competent jurisdiction, the registration fee shall begin to accrue on the beginning of the second calendar quarter after the reconsideration decision of the municipal governing body.

4. The municipal governing body shall establish by ordinance procedures for payment of the registration fee and penalties for delinquent payments of such fees. Any registration fees which are delinquent for a period of one year shall become a lien on the property and shall be subject to foreclosure proceedings in the same manner as delinquent real property taxes. The owner of the property against which the assessment was originally made shall be able to redeem the property only by presenting evidence that the violations of the applicable housing code cited by the municipal officers have been cured and presenting payment of all registration fees and penalties. Upon bona fide sale of the property to an unrelated party said lien shall be considered released and the delinquent registration fee forgiven."; and

Further amend said bill, Page 2, Section 82.1025, Line 19, by inserting immediately after all of said line the following:

"89.120. 1. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of sections 89.010 to 89.140 or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by an officer empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of sections 89.010 to 89.140.

2. The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable as follows:

(1) In any municipality contained wholly or partially within a county with a population of over six hundred thousand and less than nine hundred thousand, by a fine of not less than ten dollars and not more than five hundred dollars for each and every day that such violation continues or by imprisonment for ten days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court. Notwithstanding the provisions of section 82.300, RSMo, however, for the second and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than two hundred and fifty dollars or more than one thousand dollars for each and every day that such violation shall continue or by imprisonment for ten days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court;

(2) In all other municipalities, by a fine of not less than ten dollars and not more than one hundred dollars for each and every day that such violation continues, but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than one hundred dollars or more than two hundred and fifty dollars for each and every day that such violation shall continue or by imprisonment for ten days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court.

3. Any such person who having been served with an order to remove any such violation shall fail to comply with such order within ten days after such service or shall continue to violate any provision of the regulations made under authority of sections 89.010 to 89.140 in the respect named in such order shall also be subject to a civil penalty of two hundred and fifty dollars.

141.530. 1. Except as otherwise provided in section 141.520, during such waiting period and at any time prior to the time of foreclosure sale by the sheriff, any interested party may redeem any parcel of real estate as provided by this chapter[; provided, however, that]. During such [time] waiting period and at any time prior to the time of foreclosure sale by the sheriff, the collector may, at the option of the party entitled to redeem, enter into a written redemption contract with any such party interested in any parcel of real estate, providing for payment in installments, monthly or bimonthly, of the delinquent tax bills, including interest, penalties, attorney's fees and costs charged against such parcel of real estate, provided, however, that in no instance shall such installments exceed twelve in number or extend more than twenty-four months next after any agreement for such installment payments shall have been entered into; provided further, that upon good cause being shown by the owner of any parcel of real estate occupied as a homestead, or in the case of improved real estate with an assessed valuation of not more than three thousand five hundred dollars, owned by an individual, the income from such property being a major factor in the total income of such individual, or by anyone on his behalf, the court may, in its discretion, fix the time and terms of payment in such contract to permit all of such installments to be paid within not longer than forty-eight months after any order or agreement as to installment payments shall have been made.

2. So long as such installments be paid according to the terms of the contract, the said six months waiting period shall be extended, but if any installment be not paid when due, the extension of said waiting period shall be ended without notice, and the real estate shall forthwith be advertised for sale or included in the next notice of sheriff's foreclosure sale.

3. No redemption contracts may be used under this section for residential property which has been vacant for at least six months in any municipality contained wholly or partially within a county with a population of over six hundred thousand and less than nine hundred thousand.

141.550. 1. The sale shall be conducted, the sheriff's return thereof made, and the sheriff's deed pursuant to the sale executed, all as provided in the case of sales of real estate taken under execution except as otherwise provided in sections 141.210 to 141.810, and provided that such sale need not occur during the term of court or while the court is in session.

2. The following provisions shall apply to any sale under this section of property located within any municipality contained wholly or partially within a county with a population of over six hundred thousand and less than nine hundred thousand:

(1) The sale shall be held on the day for which it is advertised, between the hours of nine o'clock a.m. and five o'clock p.m. and continued day to day thereafter to satisfy the judgment as to each respective parcel of real estate sold;

(2) The sale shall be conducted publicly, by auction, for ready money. The highest bidder shall be the purchaser unless the highest bid is less than the full amount of all tax bills included in the judgment, interest, penalties, attorney's fees and costs then due thereon. No person shall be eligible to bid at the time of the sale if that person is the owner of any parcel of real estate in the county which is affected by a tax bill which has been delinquent for more than six months.

[2.] 3. Such sale shall convey the whole interest of every person having or claiming any right, title or interest in or lien upon such real estate, whether such person has answered or not, subject to rights-of-way thereon of public utilities upon which tax has been otherwise paid, and subject to the lien thereon, if any, of the United States of America.

[3.] 4. The collector shall advance the sums necessary to pay for the publication of all advertisements required by sections 141.210 to 141.810 and shall be allowed credit therefor in his accounts with the county. He shall give credit in such accounts for all such advances recovered by him. Such expenses of publication shall be apportioned pro rata among and taxed as costs against the respective parcels of real estate described in the judgment; provided, however, that none of the costs herein enumerated, including the costs of publication, shall constitute any lien upon the real estate after such sale."; and

Further amend said bill, Page 10, Section 441.643, Line 4, by inserting immediately after all of said line the following:

"447.620. As used in sections 447.620 to 447.640, the following terms mean:

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

(2) "Last known address", the address where the property is located or the address as listed in the property tax records;

(3) "Low- or moderate-income housing", housing for persons and families who lack the amount of income necessary to rent or purchase adequate housing without financial assistance, as defined by such income limits as shall be established by the Missouri housing development commission for the purposes of determining eligibility under any program aimed at providing housing for low- and moderate-income families or persons;

(4) "Municipality", any incorporated city, town or village;

(5) "Nuisance", any property which because of its physical condition or use is a public nuisance or any property which constitutes a blight on the surrounding area or any property which is in violation of the applicable housing code such that it constitutes a substantial threat to the life, health or safety of the public. For purposes of sections 447.620 to 447.640, any declaration of a public nuisance by a municipality pursuant to an ordinance adopted pursuant to sections 67.400 to 67.450, RSMo, shall constitute prima facie evidence that the property is a nuisance;

(6) "Organization", any Missouri not for profit organization validly organized pursuant to law and whose purpose includes the provision or enhancement of housing opportunities in its community;

(7) "Parties in interest", any owner or owners of record, occupant, lessee, mortgagee, trustee, personal representative, agent or other party having an interest in the property as shown by the land records of the recorder of deeds of the county wherein the property is located, except in any municipality contained wholly or partially within a county with a population of over six hundred thousand and less than nine hundred thousand, "parties in interest" shall mean owners, lessees, mortgagees or lien holders whose interest has been recorded or filed in the public records;

(8) "Rehabilitation", the process of improving the property, including, but not limited to, bringing the property into compliance with the applicable housing code.

447.625. 1. Any petition filed under the provisions of sections 447.620 to 447.640 which pertains to property located within any municipality contained wholly or partially within a county with a population of over six hundred thousand and less than nine hundred thousand shall meet the requirements of this section.

2. Summons shall be issued and service of process shall be had as in other in rem or quasi in rem civil actions.

3. The petition shall contain a prayer for a court order approving the organization's rehabilitation plan and granting temporary possession of the property to the organization. The petition shall also contain a prayer for a sheriff's deed conveying title to the property to the organization at the expiration of the one-year period following entry of the order granting temporary possession of the property to the organization when no owner has regained possession of the property pursuant to section 447.438.

4. The court shall stay any ruling on the organization's prayer for a sheriff's deed until the one-year period has expired.

5. The owner shall be entitled to regain possession of the property by motion instead of a new petition under section 447.638. The compensation to be paid shall be set in the same manner as in section 447.638.

6. The organization may file a motion for sheriff's deed in place of a petition for judicial deed under section 447.640.

7. The provisions of sections 447.620 to 447.640 shall apply except where they are in conflict with this section."; and

Further amend the title and enacting clause accordingly.

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

Senator Banks offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 977 and 1608, Page 10, Section 701.332, Line 1, by inserting before said line the following:

"701.300. As used in sections 701.300 to [701.324] 701.338, the following terms mean:

(1) "Abatement", [any set of measures]

(a) Any measure regulated solely by the Missouri department of health designed to permanently eliminate lead hazards, which shall include:

[(a)] a. The removal of lead-bearing substances, the replacement of lead-painted surfaces or fixtures, or the permanent [containment] enclosure or encapsulation of [lead-based] lead-bearing substances; and

[(b)] b. All preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures;

(b) "Abatement" shall not include any measure involving a de minimis surface area or activity excluded from this definition by rule;

(2) "Child-occupied facility", a building or portion of a building constructed prior to 1978 and visited regularly by the same child who is six or fewer years of age including, but not limited to, daycare centers, preschools and kindergarten classrooms. For the purposes of this subdivision, "visited regularly" means a minimum of two visits on different days within any week, provided that each visit lasts at least three hours and the combined weekly visits last at least six hours and the combined annual visits last at least sixty hours;

(3) "Deleading", the removal of lead-bearing substances;

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

[(3)] (5) "Deteriorated lead-bearing substance", any interior or exterior lead-bearing surface coating material [described in paragraph (a) of subdivision (7) of this section] as defined by rule that is peeling, chipping, chalking, or cracking or any lead-bearing substance located on an interior or exterior surface or fixture that is damaged [or], deteriorated or otherwise separating from the substrate or a structure component;

[(4)] (6) "Director", the director of the department of health;

[(5)] (7) "Dwelling", either:

(a) A single-family dwelling, including attached structures such as porches and stoops; or

(b) A single-family dwelling unit in a structure that contains more than one separate residential dwelling unit and in which each such unit is used or occupied or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons;

[(6) "Lead abatement contractors, supervisors and workers", any person or entity engaged in lead abatement for whom licensure or certification is required under sections 701.300 to 701.324;

(7)] (8) "Encapsulant", a liquid coating or adhesively bonded substance applied to a surface to form a barrier between a lead-bearing substance and the environment;

(9) "Encapsulation", the application of an encapsulant;

(10) "Enclosure", the use of rigid, durable construction materials mechanically fastened to a substrate to act as a barrier between a lead-bearing substance and the environment;

(11) "Health care professional", any physician, hospital, or other person which is licensed or otherwise authorized in this state to furnish health care services;

(12) "Interim control", any measure designed to temporarily reduce human exposure or likely human exposure to lead hazards. Such measures may include, but are not limited to, specialized cleaning, repairs, maintenance, painting, temporary containment, on-going monitoring of lead hazards or potential hazards, or the establishment and operation of management and resident education programs;

(13) "Lead abatement contractor", a person or entity licensed by the department to conduct lead-bearing substance activities at a location other than the contractor's own place of business;

(14) "Lead abatement project":

(a) The encapsulation, enclosure or removal of a lead-bearing substance;

(b) "Lead abatement project" shall not include any measure involving a de minimis surface area or activity excluded from this definition by rule;

(15) "Lead abatement supervisor", a person licensed by the department to direct, control or supervise personnel in a lead abatement project;

(16) "Lead abatement worker", a person licensed by the department to work on a lead abatement project;

(17) "Lead-bearing substance activity", any activity associated with a lead abatement project including, but not limited to, project design, risk assessment, inspection, abatement or deleading under Chapter 701;

(18) "Lead-bearing substance", (a) includes:

[(a)] a. Any paint or other surface coating materials that contain lead equal to or in excess of [material containing more than five-tenths of one percent lead by weight, calculated as lead metal, in the total nonvolatile content of liquid paint, or more than] one milligram per square centimeter or more than five-tenths percent by weight [in the dried film of paint previously applied,] or such other standard for lead content in paint as may be established by federal law or regulation; [or

(b)] b. Surface dust [in residential dwellings] that contains[, as a result of exposure to a lead hazard,] a concentration of lead [in excess of levels determined by the director to pose a threat of adverse health effects in pregnant women or young children] specified by rules promulgated by the department that shall be consistent with the purposes of laws enacted by the United States Congress and regulations promulgated or guidance issued by any federal agency; [or

(c)] c. Bare soil [on residential real property] that contains[, as a result of exposure to a lead hazard,] a concentration of lead [in excess of the levels determined to be hazardous to human health by the director] specified by rules promulgated by the department that shall be consistent with the purposes of laws enacted by the United States Congress and regulations promulgated or guidance issued by any federal agency; or

d. Any lead-based paint, lead-based paint hazard or lead-based paint activity consistent with the purposes of laws enacted by the United States Congress and regulations promulgated or guidance issued by any federal agency; and

(b) "Lead-bearing substance" as regulated by the Missouri department of health does not include any substance generated through the mining, milling or smelting of lead ore or scrap, or generated through lead product manufacturing or use provided that such substance has not migrated off or been transported from the mining, smelting, or manufacturing site and entered a residential area or any other public access environment;

[(8)] (19) "Lead hazard", any condition that causes exposure to lead that would result in adverse human health effects from deteriorated lead-bearing substances or lead-bearing substances present in "accessible surfaces", "friction surfaces", or "impact surfaces", as such terms are defined in 15 U.S.C. 2681;

[(9)] (20) "Lead inspection", a surface-by-surface investigation to determine the presence of lead-bearing substances and a report or provision of a report which explains the results of such an investigation;

(21) "Lead inspector", [the director of the department of health, his designee, or any other] a person [who is authorized] licensed by the department to conduct [comprehensive] lead inspections;

[(10)] (22) "Lead poisoning", the laboratory determination of a human whole blood lead level as established by the federal Centers for Disease Control;

[(11)] (23) "Owner", any person, who alone, jointly or severally with others:

(a) Has legal title to any child-occupied facility, dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(b) Has charge, care or control of [the] any child-occupied facility, dwelling or dwelling unit as owner or agent of the owner, or as executor, administrator, trustee, or guardian of, the estate of the owner;

(24) "Project designer", a person licensed by the department to conduct activities including, but not limited to, the development and implementation of occupant protection plans, lead-bearing substance abatement and hazard reduction methods, interior dust abatement and cleanup methods, hazard control and reduction methods, clearance standards and testing protocols and integration of lead-bearing substance abatement methods with modernization and rehabilitation projects for lead abatement projects;

(25) "Risk assessment", an on-site investigation to determine the existence, nature, severity and location of lead hazards, and the provision of a report by the person conducting the risk assessment explaining the results of the investigation and options for reducing lead hazards;

(26) "Risk assessor", a person licensed by the department to conduct risk assessments;

(27) "Work practice standards", requirements or standards that ensure that lead-bearing substance abatement activities are conducted reliably, effectively and safely.

701.301. The department shall promulgate rules necessary to implement and administer the provisions of sections 701.300 to 701.338, including requirements, procedures and standards relating to lead-bearing substance activities. The rules established by the department shall be at least as protective of human health and the environment as the federal program established by the Residential Lead-Based Paint Hazard Reduction Act, as amended, 42 U.S.C. 4851, et seq., and the Toxic Substances Control Act, as amended, 15 U.S.C. 2605, 2607, and 2681 to 2692, and any federal regulations promulgated pursuant to such authority. Nothing in sections 701.300 to 701.338 shall be applied or interpreted to affect the statutes or regulations of any other state agency or the activities subject to regulation by any other state agency.

701.302. 1. There is hereby established the "[Commission] Advisory Committee on Lead Poisoning". The members of the [commission] committee shall consist of [twenty-one] twenty-seven persons who shall be appointed by the governor with the advice and consent of the senate, except as otherwise provided in this subsection. At least five of the members of the [commission] committee shall be African-Americans or representatives of other minority groups disproportionately affected by lead poisoning. The members of the [commission] committee shall include:

(1) The director of the department of health or the director's designee, who shall serve as an ex officio member;

(2) The director of the department of economic development or the director's designee, who shall serve as an ex officio member;

(3) The director of the department of natural resources or the director's designee, who shall serve as an ex officio member;

(4) The director of the department of social services or the director's designee, who shall serve as an ex officio member;

(5) The director of the department of labor and industrial relations or the director's designee, who shall serve as an ex officio member;

(6) One member of the senate, appointed by the president pro tempore of the senate, and one member of the house of representatives, appointed by the speaker of the house of representatives;

[(6)] (7) A representative of the office of the attorney general, who shall serve as an ex officio member;

[(7)] (8) A member of a city council, county commission or other local governmental entity;

[(8)] (9) A representative of a [local] community housing [authority] organization;

[(9)] (10) A representative of property owners;

[(10)] (11) A representative of the real estate industry;

[(11) Two representatives of] (12) One representative of an appropriate public interest [organizations] organization and one representative of a local public health agency promoting environmental health and advocating protection of children's health;

[(12)] (13) A representative of the lead industry;

[(13)] (14) A representative of the insurance industry;

[(14)] (15) A representative of the banking industry;

[(15) A community health nurse;]

(16) A parent of a currently or previously lead-poisoned child;

(17) A representative of the school boards association or an employee of the department of elementary and secondary education, selected by the commissioner of elementary and secondary education;

(18) [A representative of a paint manufacturer] Two representatives of the lead abatement industry, including one licensed lead abatement contractor and one licensed lead abatement worker;

(19) A physician licensed under chapter 334, RSMo;

(20) A representative of a lead testing laboratory;

(21) A lead inspector or risk assessor;

(22) The chief engineer of the department of transportation or the chief engineer's designee, who shall serve as an ex officio member;

(23) A representative of a regulated industrial business; and

(24) A representative of a business organization.

2. [By January 1, 1994, the commission shall submit a report to the general assembly and the governor. The report shall contain recommendations for legislation to implement the plans of the commission described in subsection 3 of this section.

3.] The [commission's report] committee shall make recommendations relating to [the development of its plans] actions to:

(1) Eradicate childhood lead poisoning by the year 2012;

(2) Screen [all] children for lead poisoning;

(3) Treat and medically manage [all indigent] lead-poisoned children;

(4) Prevent lead poisoning in children;

(5) [Establish and maintain] Maintain and increase laboratory capacity for lead assessments and screening, and a quality control program for laboratories;

(6) Abate lead problems after discovery;

(7) Identify additional resources, either through a tax or fee structure, to implement programs necessary to address lead poisoning problems and issues;

(8) Provide an educational program on lead poisoning for the general public and health care providers;

(9) Determine [how lead contaminated waste should be handled] procedures for the removal and disposal of all lead contaminated waste in accordance with the Toxic Substances Control Act, as amended, 42 U.S.C. 2681, et seq., solid waste and hazardous waste statutes, and any other applicable federal and state statutes and regulations.

[4.] 3. The [commission] committee members shall receive no compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties. All public members and local officials shall serve for a term of two years and until their successors are selected and qualified, and other members shall serve for as long as they hold the office or position from which they were appointed.

4. No later than December fifteenth of each year, the committee shall provide a written annual report of its recommendations for actions as required pursuant to subsection 2 of this section to the governor and general assembly, including any legislation proposed by the committee to implement the recommendations.

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

701.304. 1. A representative of the department, or a representative of a unit of local government or health department [approved] licensed by the department for this purpose, may [inspect] conduct an inspection or a risk assessment at a dwelling or a child-occupied facility for the purpose of ascertaining the existence of a lead hazard under the following conditions:

(1) [The department, the owner of the dwelling, and an adult occupant of a dwelling which is rented or leased have been notified that an] An occupant of the dwelling or a child six or fewer years of age who regularly visits the child-occupied facility has been identified as having [a dangerous] an elevated blood lead level [value] as defined by [the Centers for Disease Control and that the approved local health representative or the department intends to inspect the dwelling] rule, and the owner of the dwelling has been notified of the inspection or risk assessment by certified mail at least three days prior; and

(2) The inspection or risk assessment occurs at a reasonable time; and

(3) The representative of the department or local government presents appropriate credentials to the owner or occupant; and

(4) [The] Either the dwelling's owner or adult occupant or the child-occupied facility's owner or agent grants consent to enter the premises to conduct an inspection [without a warrant issued by the circuit court] or risk assessment; or

(5) If consent [by the owner or adult occupant] to enter is not granted, the representative of the department [or], local government [director], or local health department may petition the circuit court for [a warrant] an order to enter the premises and conduct an inspection or risk assessment after notifying the dwelling's owner or adult occupant in writing of the time and purpose of the inspection or risk assessment at least forty-eight hours in advance. [If the court finds probable cause exists that the inhabitants of the dwelling are likely to suffer adverse health effects from continued exposure to a lead hazard which may be present within the dwelling, it shall issue the warrant] The court shall grant the order upon a showing that an occupant of the dwelling or a child six or fewer years of age who regularly visits the child-occupied facility has been identified as having an elevated blood lead level as defined by rule.

2. In conducting such an inspection or risk assessment, a representative of the department, or representative of a unit of local government or health department [approved] licensed by the department for this purpose, may remove samples necessary for laboratory analysis in the determination of the presence of a lead-bearing substance or lead hazard in the designated dwelling or child-occupied facility.

701.306. [Upon determination by] If the department, or a representative of a unit of local government or health department [approved] licensed by the department for this purpose, determines that there is a lead hazard at a dwelling or child-occupied facility which poses a risk of adverse health effects upon young children [within that dwelling], the department or its [approved] licensed local representative:

(1) Shall provide written notification to the owner and an adult occupant of the dwelling or the owner or agent of a child-occupied facility of the confirmed presence of a lead hazard which may lead to adverse health effects upon small children who reside in or regularly visit the residence or facility. The written notification shall include recommendations appropriate for reduction of the lead hazard to an acceptable level and a reasonable time period for abating or establishing interim controls for any such lead hazard that is accessible to small children who reside in or regularly visit the dwelling or facility; and

(2) May provide written notification to the parents or guardians of children who regularly visit a child-occupied facility of the confirmed presence of a lead hazard that may lead to adverse health effects; and

(3) May provide a copy of the written notification to the local health officers.

701.308. 1. Upon receipt of [such] written notification of the presence of a lead hazard, the owner shall comply with the requirement for abating or establishing interim controls for the lead hazard in a manner consistent with the recommendations described by the department and within the applicable time period. If the dwelling or child-occupied facility is a rental or leased property, the owner may remove it from the rental market.

2. [No] Except as provided in subsection 1 of this section, no tenant shall be evicted because an individual with an elevated blood lead level or with suspected lead poisoning resides in the dwelling, or because of any action required of the dwelling owner as a result of enforcement of sections 701.300 to [701.324] 701.338. The provisions of this subsection shall not operate to prevent the owner of any such dwelling from evicting a tenant for any other reason as provided by law[, including an assessment by the local health department that the abatement process puts a tenant's health at risk of lead poisoning].

3. No child shall be denied attendance at a child-occupied facility because of an elevated blood lead level or suspected lead poisoning or because of any action required of the facility owner as a result of enforcement of sections 701.300 to 701.338. The provisions of this subsection shall not prevent the owner or agent of any such child-occupied facility from denying attendance for any other reason allowed by law.

4. Whenever the department, representative of a unit of local government, or local health department [approved] licensed by the department for this purpose, finds, after [inspection and] providing written notification to the owner, that required actions which will result in the reduction of a lead hazard in a dwelling or child-occupied facility have not been taken, the owner shall be deemed to be in violation of sections 701.300 to [701.324] 701.338. Such violation shall not by itself create a cause of action. The department or the local government or local [approved] health department shall [notify]:

(1) Notify in writing the owner found to be causing, allowing or permitting the violation to take place [and shall order]; and

(2) Order that [prior to a time fixed by the department in consultation with the dwelling owner,] the owner of the dwelling or child-occupied facility shall cease and abate causing, allowing or permitting the violation and shall take such action as is necessary to comply with this section and the rules [or regulations] promulgated [under] pursuant to this section. [In cases where]

5. If no action is taken pursuant to subsection 4 of this section which [will] would result in abatement or interim control of the lead hazard within the stated time period, [either or both of] the following steps may be taken:

(1) The local health officer and local building officials may, as practical, use such community or other resources as are available to effect the relocation of the individuals who occupied the affected dwelling or child-occupied facility until the owner complies with the notice; [and] or

(2) The department, representative of a unit of local government or health department [approved] licensed by the department for this purpose, shall report any violation of sections 701.300 to [701.324] 701.338 to the prosecuting attorney of the county in which the dwelling or child-occupied facility is located and notify the owner that such a report has been made. The prosecuting attorney shall [take additional measures] seek injunctive relief to ensure that the lead hazard is abated or that interim controls are established.

701.309. 1. At least ten days prior to the onset of a lead abatement project, the lead abatement contractor conducting such an abatement project shall:

(1) Submit to the department a written notification as prescribed by the department; and

(2) Pay a notification fee of twenty-five dollars.

2. If the lead abatement contractor is unable to comply with the requirements of subsection 1 of this section because of an emergency situation as defined by rule, the contractor shall:

(1) Notify the department by other means of communication within twenty-four hours of the onset of the project; and

(2) Submit the written notification and notification fee prescribed in subsection 1 of this section to the department no more than five days after the onset of the project.

701.310. 1. Any abatement of the lead hazard from the dwelling or child-occupied facility shall be performed in a manner so as not to endanger the health of its occupants or persons performing the abatement.

2. To the extent permitted by federal regulations, [the owner of] an individual who is an owner, a partner in a partnership owning, or a corporate officer in a corporation owning a dwelling and who is not licensed [or certified under] pursuant to section [701.314] 701.312 may personally perform lead [hazard] abatement within a dwelling that he or she owns, unless the residential dwelling is occupied by a person or persons other than the owner, or the owner's immediate family while these activities are being performed, or a child residing in the building has been identified as having an elevated blood lead level. Prior to beginning such abatement, the owner shall consult with the department regarding the most effective method of conducting such lead abatement activities and of the proper procedures in performing those activities.

701.311. 1. Any authorized representative of the department who presents appropriate credentials may, at all reasonable times, enter public or private property to conduct compliance inspections of lead abatement contractors as may be necessary to implement the provisions of sections 701.300 to 701.338 and any rules promulgated pursuant to sections 701.300 to 701.338.

2. It is unlawful for any person to refuse entry or access requested for inspecting or determining compliance with sections 701.300 to 701.338. A suitably restricted search warrant, upon a showing of probable cause in writing and upon oath, shall be issued by any circuit or associate circuit judge having jurisdiction for the purpose of enabling such inspections.

3. Whenever the director determines through a compliance inspection that there are reasonable grounds to believe that there has been a violation of any provision of sections 701.300 to 701.338 or the rules promulgated pursuant to sections 701.300 to 701.338, the director shall give notice of such alleged violation to the owner or person responsible, as provided in this section. The notice shall:

(1) Be in writing;

(2) Include a statement of the reasons for the issuance of the notice;

(3) Allow reasonable time as determined by the director for the performance of any act the notice requires;

(4) Be served upon the property owner or person responsible as the case may require, provided that such notice shall be deemed to have been properly served upon such person when a copy of such notice has been sent by registered or certified mail to the person's last known address as listed in the local property tax records concerning such property, or when such person has been served with such notice by any other method authorized by law;

(5) Contain an outline of corrective action which is required to effect compliance with sections 701.300 to 701.338 and the rules promulgated pursuant to sections 701.300 to 701.338.

4. If an owner or person files a written request for a hearing within ten days of the date of receipt of a notice, a hearing shall be held within thirty days from the date of receipt of the notice before the director or the director's designee to review the appropriateness of the corrective action. The director shall issue a written decision within thirty days of the date of the hearing. Any final decision of the director may be appealed to the administrative hearing commission as provided in chapter 621, RSMo. Any decision of the administrative hearing commission may be appealed as provided in sections 536.100 to 536.140, RSMo.

5. The attorney general or the prosecuting attorney of the county in which any violation of sections 701.300 to 701.338 or the rules promulgated pursuant to sections 701.300 to 701.338, occurred shall, at the request of the city, county or department, institute appropriate proceedings for correction.

6. When the department determines that an emergency exists which requires immediate action to protect the health and welfare of the public, the department is authorized to seek a temporary restraining order and injunction. Such action shall be brought at the request of the director by the local prosecuting attorney or the attorney general. For the purposes of this subsection, an "emergency" means any set of circumstances that constitutes an imminent health hazard or the threat of an imminent health hazard.

701.312. 1. [By July 1, 1994,] The director of the department of health shall develop a program to [train and] license lead inspectors, risk assessors, lead abatement supervisors, lead abatement workers, project designers and lead abatement contractors. The director shall promulgate rules and regulations including, but not limited to:

(1) The power to issue, restrict, suspend, revoke, deny and reissue licenses;

(2) The ability to enter into reciprocity agreements with other states that have similar licensing provisions;

(3) Fees for any such licenses;

(4) [The curriculum for training;] Training, education and experience requirements; and

(5) The [development of a state test and testing standards.

2. The director may authorize employees of the state and local health departments and agencies to temporarily conduct inspections without receiving a license issued under this section until January 31, 1996. The director shall set forth standards and conditions under which unlicensed inspectors may conduct inspections during this transition period.] implementation of work practice standards, reporting requirements and licensing standards.

2. The director shall issue temporary risk assessor licenses to persons who, as of the effective date of this section, are licensed by the department as lead inspectors. The temporary risk assessor licenses issued pursuant to this subsection shall expire upon the same date as the expiration date of such person's lead inspector license. The director shall set forth standards and conditions under which temporary risk assessor licenses shall be issued.

701.314. [1. By July 1, 1994,] The director of the department of health shall develop a program to [train and license] accredit training providers to train lead inspectors, risk assessors, lead abatement [contractors, supervisors and workers] supervisors, lead abatement workers and project designers. The director shall promulgate rules and regulations including, but not limited to:

(1) The power to [issue] grant, restrict, suspend [and reissue licenses], revoke, deny or renew accreditation;

(2) The ability to enter into reciprocity agreements with other states that have similar [licensing] accreditation provisions;

(3) Fees for any such [licenses] accreditation;

(4) The curriculum for training;

(5) The development of [a state test and testing] standards for accreditation; and

(6) Procedures for monitoring, training, recordkeeping and reporting requirements for training providers.

[2. The director may authorize persons to temporarily conduct lead abatement activities without receiving a license issued under this section until January 31, 1996. The director shall set forth standards and conditions under which unlicensed contractors, supervisors and workers may conduct lead abatement activities during this transition period.]

701.316. 1. Except as otherwise authorized by [subsection 2 of section 701.314, subsection 2 of section 701.312, and] subsection 2 of section 701.310, no person shall engage in or conduct [lead inspections or abatement on or after July 1, 1994,] lead-bearing substance activities without having successfully completed a [certified] department or United States Environmental Protection Agency accredited training program and without having been [certified or] licensed[, as appropriate,] by the department. [Each person so trained and certified or licensed shall be issued a photo identity card.]

2. The department shall develop and periodically update lists of all licensed [and certified] inspectors, contractors, supervisors, workers, and other persons who perform lead hazard inspection and abatement and shall make such lists available free of charge to interested parties and the public.

3. The department may restrict, revoke, suspend[, cancel,] or deny [any certification or] any license at any time if it believes that the terms or conditions [thereof] of such license are being violated or that the holder of, or applicant for, the [certification or] license has violated any regulation of the department or any other state law or regulation, or any federal law or regulation, or the laws or regulations of other states. The restriction, revocation, suspension[, cancellation,] or denial shall be effective immediately. Any person aggrieved by a determination by the department to restrict, deny, revoke[, cancel,] or suspend any [certification or] license may request a hearing[. The department shall conduct the hearing as soon as reasonably possible after the request. The certification or] before the administrative hearing commission within thirty days of receipt of the notice of license restriction, revocation, suspension or denial. The licensure shall remain restricted, revoked, suspended[, canceled,] or denied while the hearing is pending.

4. The director may issue an immediate cease-work order to any person who violates the terms or conditions of any license [or certification] issued [under this section or] pursuant to any provision of sections 701.300 to [701.324] 701.338 or any regulation promulgated [hereunder or order issued thereunder] pursuant to sections 701.300 to 701.338 if, in the best judgment of the director, such violation presents a [clear and significant] health risk to any [occupant, lead inspector, contractor, supervisor, worker, or other] person [engaged in lead abatement and inspection.

5. The director shall assess fees for certifications and licenses issued in accordance with rules or regulations promulgated pursuant to sections 701.300 to 701.330. All such fees shall be deposited into the state treasury to the credit of the Missouri public health services fund, established in section 192.900, RSMo].

701.318. 1. The department shall develop regulations for laboratory analysis of lead-bearing substances. Such regulations shall include, but not be limited to, provisions establishing a mandatory quality assurance and quality control program.

2. [By August 28, 1994, all] All laboratories performing blood lead analyses shall be in compliance with the conditions of the federal Clinical Lab Improvement Act (CLIA).

3. All laboratories shall report blood lead testing results [that are equal to or greater than ten micrograms per deciliter to the department] as required by rule.

701.320. [Any] Except as otherwise provided, violation of the provisions of sections 701.308, 701.309, 701.310, 701.311 and 701.316 is a class A misdemeanor.

701.326. 1. The department of health shall establish and maintain a lead poisoning information reporting system which shall include a record of lead poisoning cases which occur in Missouri along with the information concerning these cases which is deemed necessary and appropriate to conduct comprehensive epidemiologic studies of lead poisoning in this state and to evaluate the appropriateness of lead abatement programs.

2. The director of the department of health shall promulgate rules and regulations specifying the level of lead poisoning which shall be reported and any accompanying information to be reported in each case. Such information may include the patient's name, address, diagnosis, pathological findings, the stage of the disease, environmental and known occupational factors, method of treatment and other relevant data from medical histories. Reports of lead poisoning shall be filed with the director of the department of health within a period of time specified by the director. The department shall prescribe the form and manner in which the information shall be reported.

3. The attending [physician] health care professional of any patient with lead poisoning shall provide[, in writing,] to the department of health the information required pursuant to this section.

701.328. 1. The department of health shall protect the identity of the patient and physician involved in the reporting required by [section 701.326] sections 701.318 to 701.330. Such identity shall not be revealed except that the identity of the patient shall be released only upon written consent of the patient. The identity of the physician shall be released only upon written consent of the physician.

2. The department [shall request] may release without consent [for release from a patient or physician only upon a showing by the applicant for such release that obtaining] any information obtained pursuant to sections 701.318 to 701.330, including the identities of certain patients or physicians, when the information is necessary for [his lead poisoning research and that such lead poisoning research is worthwhile] the performance of duties by public employees within, or the legally designated agents of, any state or local agency, department or political subdivision, but only when such employees and agents need to know such information to perform their public duties.

3. The department shall use or publish reports based upon materials reported [under sections 701.326 to 701.330] pursuant to sections 701.318 to 701.330 to advance research, education, treatment and lead abatement. The department shall provide qualified researchers with data from the reported information upon the researcher's compliance with appropriate conditions as provided by rule and upon payment of a fee to cover the cost of processing the data.

701.330. 1. No individual or organization providing information to the department in accordance with sections [701.326] 701.318 to 701.330 shall be deemed to be, or be held, liable, either civilly or criminally, for divulging confidential information unless such individual or organization acted in bad faith, negligently, or with malicious purpose.

2. Nothing in sections [701.326] 701.318 to 701.330 shall be construed to compel any individual to submit to a medical or health department examination, treatment or supervision of any kind.

3. Any violation of sections [701.326] 701.318 to 701.330 is an infraction.

701.334. The department shall promote and encourage minorities and females and minority- and female-owned entities to apply for licensure [or certification under sections 701.312 and 701.314] pursuant to section 701.312 as licensed [or certified] lead inspectors, risk assessors, project designers, and lead abatement contractors, supervisors and workers."; and

Further amend the title and enacting clause accordingly.

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

Senator Clay moved that SCS for HS for HCS for HBs 977 and 1608, as amended, be adopted, which motion prevailed.

On motion of Senator Clay, SCS for HS for HCS for HBs 977 and 1608, as amended, was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

HB 1136, with SCAs 1, 2, and 3, introduced by Representative Stokan, entitled:

An Act to repeal sections 198.026 and 198.029, RSMo 1994, relating to convalescent, nursing and boarding homes, and to enact in lieu thereof two new sections relating to the same subject.

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

SCA 1 was taken up.

Senator Johnson moved that the above amendment be adopted.

President Wilson assumed the Chair.

Senator Johnson offered SSA 1 for SCA 1:

SENATE SUBSTITUTE

AMENDMENT NO. 1 FOR

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Bill No. 1136, Page 1, In the Title, Lines 2 to 4, by deleting all of said lines and inserting in lieu thereof the following: "To repeal sections 197.200, 198.012, 198.022, 198.026, 198.029, 198.032, 198.070, 208.535 and 660.099, RSMo 1994, and sections 198.067 and 208.533, RSMo Supp. 1997, relating to long-term care, and to enact in lieu thereof fifteen new sections relating to the same subject."; and

Further amend said bill, Page 1, Section A, Lines 1 and 2, by deleting all of said lines and inserting in lieu thereof the following:

"Section A. Sections 197.200, 198.012, 198.022, 198.026, 198.029, 198.032, 198.070, 208.535 and 660.099, RSMo 1994, and sections 198.067 and 208.533, RSMo Supp. 1997, are repealed and fifteen new sections enacted in lieu thereof, to be known as sections 197.200, 198.012, 198.022, 198.026, 198.029, 198.032, 198.067, 198.070, 198.071, 208.533, 208.535, 660.099, 1, 2 and 3, to read as follows:

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

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

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

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

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

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

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

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

198.012. 1. The provisions of sections 198.003 to 198.136 shall not apply to any of the following entities:

(1) Any hospital, facility or other entity operated by the state or the United States;

(2) Any facility or other entity otherwise licensed by the state and operating exclusively under such license and within the limits of such license, unless the activities and services are or are held out as being activities or services normally provided by a licensed facility [under] pursuant to sections 198.003 to 198.186, 198.200, 208.030, and 208.159, RSMo, except hospitals licensed [under] pursuant to the provisions of chapter 197, RSMo;

(3) Any hospital licensed [under] pursuant to the provisions of chapter 197, RSMo, provided that the residential care facility II, intermediate care facility or skilled nursing facility are physically attached to the acute care hospital; and provided further that the department of health in promulgating rules, regulations and standards pursuant to section 197.080, RSMo, with respect to such facilities, shall establish requirements and standards for such hospitals consistent with the intent of this chapter, and sections 198.032, 198.067, 198.070, 198.071, 198.090, 198.093 and 198.139 to 198.180 shall apply to every residential care facility II, intermediate care facility or skilled nursing facility regardless of physical proximity to any other health care facility;

(4) Any facility licensed pursuant to sections 630.705 to 630.760, RSMo, which provides care, treatment, habilitation and rehabilitation exclusively to persons who have a primary diagnosis of mental disorder, mental illness, mental retardation or developmental disabilities, as defined in section 630.005, RSMo;

(5) Any provider of care under a life care contract, except to any portion of the provider's premises on which the provider offers services provided by an intermediate care facility or skilled nursing facility as defined in section 198.006. For the purposes of this section, "provider of care under a life care contract" means any person contracting with any individual to furnish specified care and treatment to the individual for the life of the individual, with significant prepayment for such care and treatment.

2. Nothing in this section shall prohibit any of these entities from applying for a license [under] pursuant to sections 198.003 to 198.136.

198.022. 1. Upon receipt of an application for a license to operate a facility, the department shall review the application, investigate the applicant and the statements sworn to in the application for license and conduct any necessary inspections. A license shall be issued if the following requirements are met:

(1) The statements in the application are true and correct;

(2) The facility and the operator are in substantial compliance with the provisions of sections 198.003 to 198.096 and the standards established thereunder;

(3) The applicant has the financial capacity to operate the facility;

(4) The administrator of a residential care facility II, a skilled nursing facility, or an intermediate care facility is currently licensed [under] pursuant to the provisions of chapter 344, RSMo;

(5) Neither the operator nor any principals in the operation of the facility have ever [been convicted of] pled guilty or been found guilty of a felony offense, or pursuant to the laws of another jurisdiction of a crime which, if committed within this state would be a felony, concerning the operation of a long-term health care facility or other health care facility or ever knowingly acted or knowingly failed to perform any duty which materially and adversely affected the health, safety, welfare or property of a resident, while acting in a management capacity. The operator of the facility or any principal in the operation of the facility shall not be under exclusion from participation in the title XVIII (medicare) or title XIX (medicaid) program of any state or territory;

(6) Neither the operator nor any principals involved in the operation of the facility have ever [been convicted of] pled guilty or been found guilty of a felony in any state or federal court arising out of conduct involving either management of a long-term care facility or the provision or receipt of health care;

(7) All fees due to the state have been paid.

2. Upon denial of any application for a license, the department shall so notify the applicant in writing, setting forth therein the reasons and grounds for denial.

3. The department may inspect any facility and any records and may make copies of records, at the facility, at the department's own expense, required to be maintained by sections 198.003 to 198.096 or by the rules and regulations promulgated thereunder at any time if a license has been issued to or an application for a license has been filed by the operator of such facility. The department shall make at least two inspections per year, at least one of which shall be unannounced to the operator. The department may make such other inspections, announced or unannounced, as it deems necessary to carry out the provisions of sections 198.003 to 198.136.

4. Whenever the department has reasonable grounds to believe that a facility required to be licensed [under] pursuant to sections 198.003 to 198.096 is operating without a license, and the department is not permitted access to inspect the facility, or when a licensed operator refuses to permit access to the department to inspect the facility, the department shall apply to the circuit court of the county in which the premises is located for an order authorizing entry for such inspection, and the court shall issue the order if it finds reasonable grounds for inspection or if it finds that a licensed operator has refused to permit the department access to inspect the facility."; and

Further amend said bill, Pages 1 to 3, Section 198.026, Lines 1 to 55, and Section 198.026, Lines 1 to 16, by deleting all of said sections and inserting in lieu thereof the following:

"198.026. 1. Whenever a duly authorized representative of the department finds upon an inspection of a facility that it is not in compliance with the provisions of sections 198.003 to 198.096 and the standards established thereunder, the operator or administrator shall be informed of the deficiencies in an exit interview conducted with the operator or administrator or [his] the operator's or administrator's designee. The department shall inform the operator or administrator, in writing, of any violation of a class I standard at the time the determination is made. A written report shall be prepared of any deficiency for which there has not been prompt remedial action, and a copy of such report and a written correction order shall be sent to the operator or administrator by certified mail or other delivery service that provides a dated receipt of delivery at the facility address within ten working days after the inspection, stating separately each deficiency and the specific statute or regulation violated.

2. The operator or administrator shall have five working days following receipt of a written report and correction order regarding a violation of a class I standard and ten working days following receipt of the report and correction order regarding violations of class II or class III standards to request any conference and to submit a plan of correction for the department's approval which contains specific dates for achieving compliance. Within five working days after receiving a plan of correction regarding a violation of a class I standard and within ten working days after receiving a plan of correction regarding a violation of a class II or III standard, the department shall give its written approval or rejection of the plan. If there was a violation of any class I standard, immediate corrective action shall be taken by the operator or administrator and a written plan of correction shall be submitted to the department. The department shall give its written approval or rejection of the plan and if the plan is acceptable, a reinspection shall be conducted within twenty calendar days of the exit interview to determine if deficiencies have been corrected. If there was a violation of any class II standard and the plan of correction is acceptable, an unannounced reinspection shall be conducted between forty and ninety calendar days from the date of the exit conference to determine the status of all previously cited deficiencies. If there was a violation of class III standards sufficient to establish that the facility was not in substantial compliance, an unannounced reinspection shall be conducted within one hundred twenty days of the exit interview to determine the status of previously identified deficiencies.

3. If, following the reinspection, the facility is found not in substantial compliance with sections 198.003 to 198.096 and the standards established thereunder or the operator is not correcting the noncompliance in accordance with the approved plan of correction, the department shall issue a notice of noncompliance, which shall be sent by certified mail or other delivery service that provides a dated receipt of delivery to each person disclosed to be an owner or operator of the facility, according to the most recent information or documents on file with the department.

4. The notice of noncompliance shall inform the operator or administrator that the department may seek the imposition of any of the sanctions and remedies provided for in section 198.067, or any other action authorized by law.

5. At any time after an inspection is conducted, the [operator] parties may choose to enter into a consent agreement with the department to obtain a probationary license. The consent agreement shall include a provision that the operator will voluntarily surrender the license if substantial compliance is not reached in accordance with the terms and deadlines established [under] pursuant to the agreement. The agreement shall specify the stages, actions and time span to achieve substantial compliance.

6. Whenever a notice of noncompliance has been issued, the operator shall post a copy of the notice of noncompliance and a copy of the most recent inspection report in a conspicuous location in the facility, and the department shall send a copy of the notice of noncompliance to the division of family services of the department of social services, the department of mental health, and any other concerned federal, state or local governmental agencies. Upon request, the department shall send a copy of the notice of noncompliance, the statement of deficiencies, and the response by the facility and their plan of correction to the state representative and state senator for the district in which the cited facility is located and the department shall forward any changes made in the citation.

7. In order to ensure uniformity of application of regulations throughout the state, the department shall:

(1) Evaluate the requirements for inspectors or surveyors of facilities, including the eligibility, training and testing requirements for the position. Based on the evaluation, the department shall develop and implement additional training and knowledge standards for inspectors or surveyors;

(2) Periodically evaluate the performance of the inspectors or surveyors regionally and statewide in order to identify any deviations or inconsistencies in regulation application. At a minimum, the Missouri on-site surveyor evaluation process and the number and type of actions overturned by the informal dispute resolution process and formal appeal shall be used in the evaluation. Based on this evaluation, the department shall develop standards and a retraining process for the region, state or individual inspector or surveyor, as needed; and

(3) With the full cooperation of and in conjunction with the department of health, evaluate the implementation and compliance of the provisions of subdivision (3) of subsection 1 of section 198.012 in which rules, requirements, regulations and standards pursuant to section 197.080, RSMo, for residential care facilities II, intermediate care facilities and skilled nursing facilities attached to an acute care hospital are consistent with the intent of chapter 198.

198.029. The provisions of section 198.026 notwithstanding, whenever a duly authorized representative of the department finds upon inspection of a licensed facility, and the director of the department finds upon review, that the facility or the operator is not in substantial compliance with a standard or standards the violations of which would present either an imminent danger to the health, safety or welfare of any resident or a substantial probability that death or serious physical harm would result and which is not immediately corrected, the department shall:

(1) Give immediate written notice of the noncompliance to the operator, administrator or person managing or supervising the conduct of the facility at the time the noncompliance is found;

(2) Make public the fact that a notice of noncompliance has been issued to the facility. In cases of immediate jeopardy, copies of the notice shall be sent to appropriate hospitals and social service agencies;

(3) Send a copy of the notice of noncompliance, the statement of deficiencies, and the response by the facility and their plan of correction to the division of family services of the department of social services, the department of mental health, and, upon request, to the state representative and state senator for the district in which the facility is located, and any other concerned federal, state or local government agencies. The department shall forward any changes made in the citation. The facility shall post in a conspicuous location in the facility a copy of the notice of noncompliance and a copy of the most recent inspection report.

198.032. 1. Nothing contained in sections 198.003 to 198.186 shall permit the public disclosure by the department of confidential medical, social, personal or financial records of any resident in any facility, except when disclosed in a manner which does not identify any resident, or when ordered to do so by a court of competent jurisdiction. Such records shall be accessible without court order for examination and copying only to the following persons or offices, or to their designees:

(1) The department or any person or agency designated by the department;

(2) The attorney general;

(3) The department of mental health for residents placed through that department;

(4) Any appropriate law enforcement agency;

(5) The resident, his or her guardian, or any other person designated by the resident; and

(6) Appropriate committees of the general assembly and the state auditor, but only to the extent of financial records which the operator is required to maintain pursuant to sections 198.088 and 198.090.

2. Inspection reports and written reports of investigations of complaints, of substantiated reports of abuse and neglect received in accordance with section 198.070, and complaints received by the department relating to the quality of care of facility residents, shall be accessible to the public for examination and copying, provided that such reports are disclosed in a manner which does not identify the complainant or any particular resident. Records and reports shall clearly show what steps the department and the institution are taking to resolve problems indicated in [said] such inspections, reports and complaints.

3. Inspection reports and written reports of investigations of complaints made after the effective date of this section of unsubstantiated reports of abuse and neglect received in accordance with section 198.070, and unsubstantiated complaints received by the department relating to the quality of care of facility residents shall be accessible to the administrator, owner and operator of the facility named in the complaint for examination and copying, provided that such reports are disclosed in a manner which does not identify the complainant or any particular resident. The department shall promulgate rules and regulations for an appeal process by a resident, resident's family or legal guardian when a report of abuse or neglect has been found unsubstantiated by the department.

4. The department shall maintain a central registry capable of receiving and maintaining reports received in a manner that facilitates rapid access and recall of the information reported, and of subsequent investigations and other relevant information. The department shall electronically record any telephone report of suspected abuse and neglect received by the department and such recorded reports shall be retained by the department for a period of one year after recording. The department shall protect and keep confidential the identity of reporters or complainants to the central registry, and shall only be released or disclosed as provided pursuant to section 660.320, RSMo.

[4.] 5. Although reports to the central registry may be made anonymously, the department shall in all cases, after obtaining relevant information regarding the alleged abuse or neglect, attempt to obtain the name and address of any person making a report.

6. The department of health shall fully cooperate with the department of social services in order to comply with this section.

198.067. 1. An action may be brought by the department, or by the attorney general on his or her own volition or at the request of the department or any other appropriate state agency, to temporarily or permanently enjoin or restrain any violation of sections 198.003 to 198.096, to enjoin the acceptance of new residents until substantial compliance with sections 198.003 to 198.096 is achieved, or to enjoin any specific action or practice of the facility. Any action brought [under] pursuant to the provisions of this section shall be placed at the head of the docket by the court, and the court shall hold a hearing on any action brought [under] pursuant to the provisions of this section no less than fifteen days after the filing of the action.

2. The department may bring an action in circuit court to recover a civil penalty against the licensed operator of the facility as provided by this section. Such action shall be brought in the circuit court for the county in which the facility is located. The circuit court shall determine the amount of penalty to be assessed within the limits set out in this section. Appeals may be taken from the judgment of the circuit court as in other civil cases.

3. The operator of any facility which has been cited with a violation of sections 198.003 to 198.096 or the regulations established pursuant thereto, or of subsection (b), (c), or (d) of section 1396r of Title 42 of the United States Code or the regulations established pursuant thereto, is liable to the state for civil penalties of up to ten thousand dollars for each day that the violations existed or continues to exist. Violations shall be presumed to continue to exist from the time they are found until the time the division of aging finds them to have been corrected. The amount of the penalty shall be determined as follows:

(1) For each violation of a class I standard, not less than one hundred fifty dollars nor more than one thousand dollars;

(2) For each violation of a class II standard, not less than fifty dollars nor more than five hundred dollars;

(3) For each violation of a class III standard, not less than fifteen dollars nor more than one hundred fifty dollars;

(4) For each violation of a federal standard which does not also constitute a violation of a state law or regulation, not less than two hundred fifty dollars nor more than five hundred dollars;

(5) For each specific class I violation by the same operator which has been cited within the past twenty-four months and for each specific class II or III violation by the same operator which has been cited within the past twelve months, double the amount last imposed.



As used in this subdivision the term "violation" shall mean a breach of a specific state or federal standard or statute which remains uncorrected and not in accord with the accepted plan of correction at the time of the reinspection conducted pursuant to subsection 3 of section 198.026 or the regulations established pursuant to Title 42 of the United States Code. A judgment rendered against the operator of a facility pursuant to this subsection shall bear interest as provided in subsection 1 of section 408.040, RSMo.

4. Any individual who willfully and knowingly certifies [under] pursuant to subsection (b)(3)(B)(i) of section 1396r of Title 42 of the United States Code a material and false statement in a resident assessment is subject to a civil penalty of not more than one thousand dollars with respect to each assessment. Any individual who willfully and knowingly causes another individual to certify [under] pursuant to subsection (b)(3)(B)(i) of section 1396r of Title 42 of the United States Code a material and false statement in a resident assessment is subject to a civil penalty of not more than five thousand dollars with respect to each assessment.

5. The imposition of any remedy provided for in sections 198.003 to 198.186 shall not bar the imposition of any other remedy.

6. Penalties collected pursuant to this section shall be deposited in the division of aging elderly home delivered meals trust fund as established in section 660.078, RSMo. Such penalties shall not be considered a charitable contribution for tax purposes.

7. To recover any civil penalty, the moving party shall prove by clear and convincing evidence that the violation occurred.

8. The licensed operator of a facility against whom an action to recover civil penalty is brought pursuant to this section may confess judgment as provided in section 511.070, RSMo, at any time prior to hearing. If [said] such licensed operator agrees to confess judgment, the amount of the civil penalty recommended by the moving party in its petition shall be reduced by twenty-five percent and the confessed judgment shall be entered by the circuit court at the reduced amount.

9. The amount of any civil penalty assessed by the circuit court pursuant to this section shall be reduced by the amount of any civil monetary penalty which the licensed operator of the facility may establish it has paid pursuant to the laws of the United States for the breach of the same federal standards for which the state action is brought.

10. In addition to the civil penalties specified in subdivision (1) of subsection 3 of this section, any facility which is cited with a violation of a class I standard pursuant to subsection 1 of section 198.085, when such violation results in serious physical injury or abuse of a sexual nature pursuant to subdivision (1) of section 198.006, to any resident of that facility shall be liable to the state for a civil penalty of one hundred dollars multiplied by the number of beds licensed to the facility, up to a maximum of ten thousand dollars pursuant to subsections 1 and 2 of this section. The liability of the facility for civil penalties [under] pursuant to this section shall be incurred immediately upon the citation of the violation and shall not be affected by any subsequent correction of the violation. For the purposes of this section, "serious physical injury" means physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.

198.070. 1. When any physician, dentist, chiropractor, optometrist, podiatrist, intern, nurse, medical examiner, social worker, psychologist, minister, Christian Science practitioner, peace officer, pharmacist, physical therapist, facility administrator, employee in a facility, or employee of the department of social services or of the department of mental health, coroner, dentist, hospital and clinic personnel engaged in examination, other health practitioners, mental health professional, adult day care worker, probation or parole officer, law enforcement official or other person with the care of a person sixty years of age or older or an eligible adult has reasonable cause to believe that a resident of a facility has been abused or neglected, he or she shall immediately report or cause a report to be made to the department.

2. The report shall contain the name and address of the facility, the name of the resident, information regarding the nature of the abuse or neglect, the name of the complainant, and any other information which might be helpful in an investigation.

3. Any person required in subsection 1 of this section to report or cause a report to be made to the department who knowingly fails to make a report within a reasonable time after the act of abuse or neglect as required in this subsection is guilty of a class A misdemeanor.

4. In addition to those persons required to report [under] pursuant to subsection 1 of this section, any other person having reasonable cause to believe that a resident has been abused or neglected may report such information to the department.

5. Upon receipt of a report, the department shall initiate an investigation within twenty-four hours and as soon as possible during the course of the investigation, the department shall notify the resident's next of kin or responsible party of the report and the investigation and further notify them whether the report was substantiated or unsubstantiated. As provided pursuant to section 565.186, RSMo, substantiated reports of elder abuse shall be promptly reported by the department to the appropriate law enforcement agency and prosecutor.

6. If the investigation indicates possible abuse or neglect of a resident, the investigator shall refer the complaint together with his or her report to the department director or [his] the director's designee for appropriate action. If, during the investigation or at its completion, the department has reasonable cause to believe that immediate removal is necessary to protect the resident from abuse or neglect, the department or the local prosecuting attorney may, or the attorney general upon request of the department shall, file a petition for temporary care and protection of the resident in a circuit court of competent jurisdiction. The circuit court in which the petition is filed shall have equitable jurisdiction to issue an ex parte order granting the department authority for the temporary care and protection of the resident, for a period not to exceed thirty days.

7. Reports shall be confidential, as provided [under] pursuant to section 660.320, RSMo.

8. Anyone who makes a report pursuant to this section or who testifies in any administrative or judicial proceeding arising from the report shall be immune from any civil or criminal liability for making such a report or for testifying except for liability for perjury, unless such person acted in bad faith or with malicious purpose. The penalties provided pursuant to section 565.188, RSMo, shall be imposed on any person found guilty of purposely filing a false report of elder abuse or neglect.

9. Within five working days after a report required to be made [under] pursuant to this section is received, the person making the report shall be notified in writing of its receipt and of the initiation of the investigation.

10. No person who directs or exercises any authority in a facility shall evict, harass, dismiss or retaliate against a resident or employee because he or she, or any member of his or her family has made a report of any violation or suspected violation of laws, ordinances or regulations applying to the facility which [he] the resident, the resident's family or an employee has reasonable cause to believe has been committed or has occurred. Through the existing division of aging information and referral telephone contact line, residents, their families and employees of the facility shall be able to obtain information about their rights, protections and options in cases of eviction, harassment, dismissal or retaliation due to a report being made pursuant to this section.

11. Any person who knowingly abuses or neglects a resident of a facility shall be guilty of a class D felony.

12. The department shall maintain the employee disqualification list and place on the employee disqualification list the names of any persons who have been finally determined by the department pursuant to section 660.315, RSMo, to have recklessly, knowingly or purposely abused or neglected a resident while employed in any facility.

13. The timely self-reporting of incidents to the central registry by a facility shall continue to be investigated in accordance with department policy but shall not be counted or reported by the department as a hot line call, but rather a self-reported incident.

198.071. 1. Every current employee and new hire in every facility licensed pursuant to chapter 198 and those facilities in subdivision (3) of subsection 1 of section 198.012 covered by this section regardless of their physical proximity to any other health care facility, and every employee and new hire of every hospital licensed pursuant to chapter 197, RSMo, who could reasonably be expected to come in contact with residents from a chapter 198 facility shall be given an employee information packet on elderly abuse and neglect by the employer which is provided by the division of aging on the employee's and new hire's rights and responsibilities pursuant to section 198.070. The employee information packet on elderly abuse and neglect shall include an elderly abuse and neglect hot line card, information on abuse and neglect, an explanation of the possible criminal charges for not reporting abuse and neglect and for filing a false report, what steps to take before calling the hot line, an explanation of confidentiality, and the protections against retaliation.

2. Every facility licensed pursuant to chapter 198 and those in subdivision (3) of subsection 1 of section 198.012 covered by this section regardless of their physical proximity to any other health care facility shall give each facility volunteer, and each resident, and the resident's next of kin, legal guardian or designee a packet of information which includes a brochure provided by the division of aging on elderly abuse and neglect and an elderly abuse and neglect hot line card. This packet shall be given prior to or at the time of the resident's admission to the facility or before a volunteer begins working in the facility. The brochure shall be developed by the division of aging to inform residents, families and volunteers about what to look for, what steps to take before calling the hot line and why their reporting of abuse and neglect is important for the safety of all residents. The brochure shall also reassure individuals that a hot line call is confidential and provide information on the protections against retaliation.

3. The distribution of the material required by this section shall be verified by the department as part of the facility's regular inspection.

4. The department of health shall cooperate with the department of social services in the distribution of the material described in this section and shall require, check and cite for failure to distribute the material as it does with other required documents as part of the regular inspection of any hospital licensed pursuant to chapter 197, RSMo.

208.533. 1. There is hereby established a twenty-member "Commission on the Special Health, Psychological and Social Needs of Minority Older Individuals" under the division of aging. The commission shall consist of the following members:

(1) The directors of the departments of health, mental health and social services or their designees;

(2) The directors of the office of minority health and the division of aging who shall serve as co-chairs of the commission;

(3) Two members of the Missouri house of representatives, one from each major political party represented in the house of representatives, appointed by the speaker of the house who shall serve in a nonvoting, advisory capacity;

(4) Two members of the senate, one from each major political party represented in the senate, appointed by the president pro tem of the senate who shall serve in a nonvoting, advisory capacity;

(5) A representative of the office of the lieutenant governor who shall serve in a nonvoting, advisory capacity; and

(6) Ten individuals appointed by the governor with the advice and consent of the senate who are currently working in the field of minority elderly health, psychological or social problems who have demonstrated expertise in one or more of the following areas: treatment of cardiovascular, cancer and diabetic conditions; nutrition; community-based health services; legal services; elderly consumer advocacy; gerontology or geriatrics; social work and other related services including housing. At least two of the individuals appointed by the governor shall be minority older individuals. The members appointed by the governor shall be residents of Missouri. Any vacancy on the commission shall be filled in the same manner as the original appointment.

2. Members appointed by the governor shall serve for three-year terms [which are limited to November 1, 1998]. Other members, except legislative members, shall serve for as long as they hold the position which made them eligible for appointment. Legislative members shall serve during their current term of office but may be reappointed.

3. Members of the commission shall not be compensated for their services, but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties. The office of administration and the departments of health, mental health and social services shall provide such support as the commission requires to aid it in the performance of its duties.

208.535. [1.] The responsibilities of the commission shall include, but not be limited to, the following:

(1) The commission shall annually prepare a report identifying the special needs of the minority older population in Missouri as compared to the older population at-large and make recommendations for meeting those needs. The report shall be completed no later than October first of each year, beginning in 1995, and copies transmitted to the governor, the general assembly and appropriate state agencies. The report shall, at a minimum:

(a) Contain an overview of the special health, psychological and social needs of minority older Missourians with particular attention to low-income minority older individuals;

(b) Identify specific diseases and health conditions for which minority older individuals are at greater risk than the general population;

(c) Identify problems experienced by minority older individuals in obtaining services from governmental agencies;

(d) Identify programs at the state and local level designed to specifically meet the needs of minority older individuals; and

(e) Recommend program improvements and services at the state and local level designed to address the special unmet needs of the minority older population;

(2) In preparing the report required by this section, the commission shall solicit and consider the input of individuals and organizations representing the concerns of the minority older population, with particular attention to the service needs of those with incomes below the federal poverty level, concerning:

(a) Programs and services needed by minority older individuals;

(b) The extent to which existing programs do not meet the needs of minority older individuals;

(c) The accessibility of existing programs to minority older individuals;

(d) The availability and adequacy of information regarding existing services;

(e) Health problems that minority older individuals experience at a higher rate than the nonminority older population; and

(f) Financial, social and other barriers experienced by minority older individuals in obtaining needed services;

(3) Conduct an outreach program that provides information to minority older Missourians about health, psychological and social problems experienced by minority older individuals and available programs to address those problems, as identified in the report prepared pursuant to this section.

[2. Sections 208.530 to 208.535 shall expire November 1, 1998.]

660.099. 1. The general assembly may appropriate funds in addition to the amount currently being provided per annum for nutrition services for the elderly. Funds so designated to provide nutrition services for the elderly shall be allocated to the Missouri division of aging [to be placed on the formula basis and distributed to each area agency on aging throughout the state of Missouri].

2. The general assembly may appropriate funds in addition to the amount currently being provided per annum through the Missouri elderly and handicapped transportation program. Funds so designated to provide transportation for the elderly and developmentally disabled shall be allocated to the Missouri division of aging [to be placed on the formula basis and distributed to each area agency on aging throughout the state of Missouri].

3. The general assembly may appropriate funds in addition to the amount currently being provided per annum for home-delivered meals for the elderly. Such additional funds shall be allocated to the Missouri division of aging [to be placed on the formula basis and distributed to each area agency on aging throughout the state of Missouri].

Section 1. 1. The department of public safety shall develop or have developed a comprehensive employee information system that may be computer based and shall merge existing employee disqualification lists, substantiated cases of elder abuse pursuant to section 565.186, RSMo, the child protection system central registry disclosed pursuant to chapter 210, RSMo, and information from the highway patrol's criminal background check system, including state and national information to the extent available. In addition, the information system shall include licensure, certification and state contract status for individuals requiring such in the field of health care, education including higher education, care for children including foster care licensure, care for the elderly and care for persons with physical or mental disabilities. For purposes of this section, the term "department" means the department of public safety.

2. Notwithstanding any provision of law to the contrary, the following shall cooperate fully with the department in developing, updating, providing and releasing the information for this comprehensive employee information system:

(1) The Missouri highway patrol;

(2) All state agencies that provide or deal with providers of health care, education, care for children, care for the elderly, care for persons with a physical or mental disability;

(3) All state agencies that investigate charges of neglect and abuse of children, the elderly or persons with a physical or mental disability;

(4) All state agencies that compile an employee disqualification list for workers in the field of health care, education, care for children, care for the elderly, care for persons with a physical or mental disability;

(5) All state agencies that license or certify health care workers, educators, persons working with children, persons who care for the elderly, persons who care for persons with physical or mental disabilities.

3. The data in the comprehensive employee information system shall be available to:

(1) All employers, including state agencies, or voluntary providers in the field of health, education, care for children, and care and services for the elderly and persons with physical or mental disabilities, including congregate living facilities;

(2) All employers or voluntary providers whose employees or volunteers may have access to private homes or who may be left alone with children, the elderly, or persons with physical or mental disabilities;

(3) Adoption agencies;

(4) Individuals who wish to hire persons who come into their home or hire persons who have access to their home, children or dependents, the elderly, or persons with physical or mental disabilities;

(5) Individuals wishing information on their own personal status in the comprehensive employee information system.

4. The comprehensive employee information system shall be accessible in person, by mail, by facsimile and through telecommunications networks that are able to meet the release requirements in subsection 7 of this section.

5. A reasonable fee may be charged for accessing the comprehensive employee information system.

6. In developing and updating the comprehensive employee information system, the department shall incorporate applicable information from other states to the best of their ability.

7. The department, in consultation with the agencies in subsection 2 of this section providing information for the system, shall develop reasonable rules and procedures for making information easily accessible for the protection of the public while also protecting the rights of those persons in the system, including a signed release from the individual giving permission for the background check and release of such information pursuant to subsections 1 and 2 of this section. Such signed release form shall include information explaining the types of specific information which may be released pursuant to subsections 1 and 2 of this section. There shall be frequent public notification of the availability of the comprehensive employee information system and the release forms shall be readily available statewide.

8. All in-person inquiries that meet the requirements of subsection 7 of this section shall be completed and returned by the department within six business hours of such inquiry. All other requests shall be completed and returned within three business days of their delivery to the department.

9. Any provider required to request a background check pursuant to section 660.317, RSMo, who requests information through the comprehensive employee information system shall be deemed as having satisfied the background check requirements of section 660.317, RSMo.

10. Any person accessing information in the comprehensive employee information system, other than authorized personnel, without the permission of the person being checked is guilty of a class C misdemeanor.

11. The comprehensive employee information system shall be in operation by December 31, 1999.

12. Nothing in this section shall be interpreted as requiring any state agency, provider or employer to utilize the comprehensive employee information system. Nothing in this section shall be interpreted as requiring any individual to submit to a background check through the comprehensive employee information system.

13. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

Section 2. 1. In order to encourage and support families who provide the primary long-term care for an elderly person, the department of social services shall establish the "shared care program".

2. As used in this section, the following terms shall mean:

(1) "Director", the director of the division of aging of the Missouri department of social services;

(2) "Division", the division of aging of the Missouri department of social services;

(3) "Elderly" or "elderly persons", persons who are sixty years of age or older;

(4) "Elderly dependent", a person who is sixty years of age or older who requires assistance with activities of daily living to the degree that the elderly dependent is unable to live alone as determined and certified by his or her physician licensed pursuant to the provisions of chapter 334, RSMo, or by the division of aging staff when an assessment has been completed for the purpose of qualification for other services, and is living with a registered care giver and, under no circumstances, able or allowed to operate a motor vehicle;

(5) "Registered care giver", a shared care member living in the same residence with and caring for an elderly person without monetary compensation;

(6) "Shared care", a program administered by the division of aging in which Missouri families who provide primary long-term care for an elderly person and register as a shared care member with the division of aging shall receive access to certain supportive services and may receive a state tax credit;

(7) "Shared care community project", a project in a community that offers to help support shared care participation through development of programs;

(8) "Shared care provider", any state authorized long-term care provider in the state, including, but not limited to, in-home, home health, hospice, adult day care, residential care facility I or II, or nursing home, who voluntarily registers with the division of aging to be available as a resource for the shared care program;

(9) "Shared care tax credit", a tax credit to registered care givers who meet the requirements of section 3 of this act.

3. The goals of the shared care program shall be as follows:

(1) To provide services and support for families caring for an elderly person;

(2) To increase awareness of the variety of privately funded services which may be available to those persons caring for an elderly person;

(3) To increase awareness of the variety of government services which may be available to those caring for an elderly person;

(4) Recognition on an annual basis by the governor for those families participating in the shared care program and community project groups participating in the shared care program;

(5) To provide a tax credit to members who meet the qualifications pursuant to section 3 of this act; and

(6) To promote community involvement by:

(a) Providing local communities information about the shared care program and to encourage the establishment of support groups where none are available and to support existing support groups, and other programs for shared care members and providers to share ideas, information and resources on caring for an elderly person; and

(b) Encouraging local home care, adult day care or other long term care providers, who have regularly scheduled training sessions for paid care givers, to voluntarily invite shared care members to participate in education and training sessions at no cost to the family. Such providers shall not be held liable in any civil or criminal action related to or arising out of the participation or training of shared care members in such sessions.

4. To further the goals of the shared care program, the director shall:

(1) Promulgate specific rules and procedures, in accordance with section 536.024, RSMo, for the shared care program;

(2) Maintain a registry of names and addresses of shared care members and shared care providers;

(3) Compile a list, updated annually, of public and private resources, services and programs which may be available to assist and support the registered care giver with caring for the elderly. Such list shall be given to shared care members along with information on shared care providers in their community. Private organizations and providers shall be responsible for providing information to the division of aging for inclusion on the list. The division of aging shall establish reporting procedures for private organizations and publicly disseminate the division's guidelines statewide;

(4) Compile and distribute to shared care members information about the services and benefits of the shared care program and a bibliography of resources and materials with information helpful to such members. The bibliography will give members an overview of available information and is not required to be comprehensive;

(5) Encourage shared care providers, consumer groups, churches and other philanthropic organizations to help local communities develop local support systems where none are available and to support existing support groups for persons caring for elderly persons and make division staff available, if possible;

(6) In conjunction with the director of revenue, develop a physician certification for shared care tax credit form to be given to registered care givers upon request. The form shall require, but is not limited to:

(a) Identifying information about the registered care giver certifying that he or she qualifies for the shared care tax credit as provided in section 3 of this act, and under no circumstances is his or her elderly dependent able or allowed to operate a motor vehicle;

(b) Identifying information about and the signature of the elderly dependent for verification purposes;

(c) Identifying information about and the signature of the physician licensed pursuant to the provisions of chapter 334, RSMo, for verification and certification purposes;

(d) An explanation by such physician of the conditions or circumstances that prevents the elderly dependent from living alone; and

(e) A complete explanation of the shared care tax credit and its guidelines and directions on completion of the form and how to file for the shared care tax credit with the department of revenue; and

(7) In conjunction with the director of revenue, develop a division of aging certification for shared care tax credit form to be given at the request of the registered care givers when a division of aging assessment has been completed for other purposes. The form shall require, but is not limited to:

(a) Identifying information about the registered care giver for tax purposes, and the signature of the registered care giver certifying that he or she qualifies for the shared care tax credit as provided in section 3 of this act, and under no circumstances is his or her elderly dependent able or allowed to operate a motor vehicle;

(b) Identifying information about and the signature of the elderly dependent for verification purposes;

(c) Identifying information about and the signature of the division of aging staff for verification and certification purposes;

(d) An explanation by the division of aging staff of the conditions or circumstances that prevents the elderly dependent from living alone; and

(e) A complete explanation of the shared care tax credit and its guidelines and directions on completion of the form and how to file for the shared care tax credit with the department of revenue.

3. Funds appropriated for the shared care program shall be appropriated to and administered by the department of social services.

Section 3. 1. Any registered care giver who meets the requirements of this section shall be eligible for a shared care tax credit in an amount not to exceed five hundred dollars to defray the cost of caring for an elderly dependent. The following persons shall be eligible for a shared care tax credit:

(1) A registered care giver who files the original completed and signed physician certification for shared care tax credit form or the original, completed and signed division of aging certification for shared care tax credit form provided for in subsection 3 of section 2 of this act along with such care giver's Missouri individual income tax return; and

(2) A registered care giver who cares for an elderly dependent shared care member living in the same residence with the registered care giver for an aggregate of more than six months per tax year.

2. The tax credit permitted pursuant to this section shall be claimed by a registered care giver at the time the income tax return is filed, but in no event shall such tax credit exceed the amount of the registered care giver's tax liability for the year such tax credit is claimed.

3. The tax credit allowed by this section shall only be claimed by participating members of the shared care program who satisfy program eligibility rules established pursuant to the rulemaking authority of section 2 of this act, and whose elderly dependent is not receiving services authorized by the division of aging funded by Medicaid or the Social Services Block Grant.

4. The tax credit allowed by this section shall apply to any year beginning after December 31, 1998.

5. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

6. Any person who knowingly falsifies any document required for the shared care tax credit shall be subject to the same penalties for falsifying other tax documents as provided in chapter 143, RSMo.".

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

SCA 2 was taken up.

Senator Johnson offered SSA 1 for SCA 2:

SENATE SUBSTITUTE

AMENDMENT NO. 1 FOR

SENATE COMMITTEE AMENDMENT NO. 2

Amend House Bill No. 1136, Page 3, Section 198.029, Line 16, by inserting after all of said line the following:

"Section 1. 1. The division of aging may establish a pilot project to provide the elderly who suffer from Alzheimer's disease or dementia with enhanced and specialized care by allowing no more than six Alzheimer or dementia care facilities to be developed.

2. The division of aging may establish a pilot project to provide the elderly with an aging in place concept by allowing no more than four facilities to be developed.

3. Such facilities described in subsections 1 and 2 of this section shall:

(1) Be developed in conjunction with, and work collaboratively with the school of medicine or school of nursing affiliated with a Missouri institution of higher education; and

(2) As a minimum, comply with all life safety codes and comply with staffing patterns as determined by an agreement between the division of aging, participating medical school or school of nursing and such facility administrator. However, in no case may the requirements be less than such requirements required for facilities defined in section 198.006, RSMo. Such agreement shall address:

(a) Physical design of the facility to enhance the care of the elderly to be served;

(b) Staffing patterns;

(c) Admission criteria;

(d) Assessment and monitoring of the residents;

(e) Education of staff employed by the facility; and

(f) Program development.

Section 2. Three of the six facilities described in subsection 1 of section 1 of this act, and two of the four facilities described in subsection 2 of section 1 of this act for these pilot projects shall be facilities currently licensed pursuant to chapter 198, RSMo, and the remaining facilities shall be newly constructed after the division of aging grants approval as a pilot project pursuant to this section.

Section 3. Such facilities described in subsections 1 and 2 of section 1 of this act shall be exempt from the provisions of sections 197.300 to 197.366, RSMo.

Section 4. The division of aging, participating facilities and the school of medicine or school of nursing shall complete a report by August 31, 2002, on the pilot project for the newly constructed facilities and by August 31, 2000, for the existing facilities participating in these projects.

Section 5. No rule or portion of a rule promulgated pursuant to the authority of this act shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo."; and

Further amend title and enacting clause accordingly.

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

SCA 3 was taken up.

Senator Johnson moved that the above amendment be adopted.

Senator Howard offered SSA 1 for SCA 3:

SENATE SUBSTITUTE

AMENDMENT NO. 1 FOR

SENATE COMMITTEE AMENDMENT NO. 3

Amend House Bill No. 1136, Page 1040 of the Senate Journal, May 6, 1998, Column 2, Lines 7-8, by striking "July 1, [1999] 2001" and inserting in lieu thereof the following: "April 30, 2000"; and further amend line 14 of said column, by striking the opening bracket "[" and the closing bracket "]" from said line; and further amend said line, by striking "2002".

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

Senator Ehlmann offered SA 1:

SENATE AMENDMENT NO. 1

Amend House Bill No. 1136, Page 1, Section 198.026, Line 1, by inserting immediately before all of said line the following:

"197.318. 1. The provisions of section 197.317 shall not apply to a residential care facility I, residential care facility II, intermediate care facility or skilled nursing facility only where the department of social services has first determined that there presently exists a need for additional beds of that classification because the average occupancy of all licensed and available residential care facility I, residential care facility II, intermediate care facility and skilled nursing facility beds exceeds ninety percent for at least three consecutive calendar quarters, in a particular county, and within a fifteen-mile radius of the proposed facility, and the facility otherwise appears to qualify for a certificate of need. The department's certification that there is no need for additional beds shall serve as the final determination and decision of the committee. In determining ninety percent occupancy, residential care facility I and II shall be one separate classification and intermediate care and skilled nursing facilities are another separate classification. The provisions of sections 197.300 to 197.366 shall not apply to any of the following:

(1) A residential care facility I or residential care facility II which has received approval by the division of aging of plans for construction of such facility by August 1, 1995, and is licensed by the division of aging by August 1, 1996;

(2) A combined skilled nursing facility and residential care facility I and II located in a tax increment financing district which has received approval by the division of aging of plans for construction of the residential care facility I and II beds by August 1, 1995;

(3) A residential care facility I or residential care facility II which has received approval by the division of aging of plans for construction of such facility by August 1, 1995, and is located in any county of the first classification without a charter form of government with an assessed valuation of at least one billion dollars but not more than one billion five hundred million dollars;

(4) A residential care facility I or residential care facility II which has received approval by the division of aging of plans for construction of such facility by August 1, 1995, and is located in a nursing home district which is contiguous to a public hospital district located in a county of the third classification[.];

5. A skilled nursing facility that is owned or operated by a not-for-profit corporation which was created by a special act of the Missouri General Assembly, is exempt from federal income tax as an organization described in Section 501(c) (3) of the Internal Revenue Code of 1986, is controlled directly by a religious organization and is to be operated as part of a continuing care retirement community offering independent living, residential care and skilled care.

2. The Missouri health facilities review committee may for any facility certified to it by the department consider the predominant ethnic or religious composition of the residents to be served by that facility in considering whether to grant a certificate of need.

3. There shall be no expenditure minimum for facilities, beds, or services referred to in subdivisions (1), (2) and (3) of section 197.317. The provisions of this subsection shall expire December 31, 1999.

4. As used in this section, the term "licensed and available" means beds which are actually in place and for which a license has been issued.

5. The provisions of section 197.317 shall not apply to any facility where at least ninety-five percent of the patients require diets meeting the dietary standards defined by section 196.165, RSMo.

6. The committee shall review all letters of intent and applications for long-term care hospital beds meeting the requirements described in 42 C.F.R., section 412.23(e) under its criteria and standards for long-term care beds.

7. Sections 197.300 to 197.366 shall not be construed to apply to litigation pending in state court on or before April 1, 1996, in which the Missouri health facilities review committee is a defendant in an action concerning the application of sections 197.300 to 197.366 to long-term care hospital beds meeting the requirements described in 42 C.F.R., section 412.23(e).".

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

Senator McKenna offered SA 2:

SENATE AMENDMENT NO. 2

Amend House Bill No. 1136, Page 1, In the Title, Line 3, by deleting the word "two" and inserting in lieu thereof the word "thirteen"; and

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

Further amend said bill, Page 1, Section A, Line 2, by deleting the word and figure "and 198.029" and inserting in lieu thereof the word and figures ", 198.029, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11"; and

Further amend said bill, Page 3, Section 198.029, Line 16, by inserting after all of said line the following:

"Section 1. 1. Sections 1 to 11 of this act shall be known and may be cited as the "Family Care Safety Act".

2. As used in sections 1 to 11 of this act, the following terms shall mean:

(1) "Child care provider", any licensed child care home, any licensed child care center, child placing agency, residential care facility for children, group home, foster family group home, foster family home, employment agency that refers a child care worker to parents or guardians as defined in section 289.005, RSMo. The term "child care provider" does not include summer camps or voluntary associations designed primarily for recreational or educational purposes;

(2) "Child care worker", any person who is employed by a child care provider or who is independently hired to provide or assist in the routine or regular care and supervision of minors when such independently hired person receives at least a portion of his or her wages, salary or other remuneration from any source of state or federal funds, including direct payments, reimbursement or voucher payments;

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

(4) "Elder care worker", any person who is independently hired by a family member or other individual, and is not employed by a business or facility, to provide or assist with the direct care of an elderly person when such independently hired person receives at least a portion of his or her wages, salary or other remuneration from any source of state or federal funding, including direct payments, reimbursement and voucher payments;

(5) "Patrol", the Missouri state highway patrol;

(6) "Related child care", child care provided only to a child or children by such child's or children's grandparents, great-grandparents, aunts or uncles, or siblings living in a residence separate from the child or children;

(7) "Related elder care", care provided only to an elder by an adult child, a spouse, a grandchild, a great-grandchild or a sibling of such elder.

Section 2. 1. To protect children and the elderly in this state, and to promote family and community safety by providing information concerning family caregivers, there is hereby established within the department of health a "Family Care Safety Registry and Access Line" which shall be available by January 1, 2000.

2. The family care safety registry shall contain information on child care workers' and elder care workers' background and on licensed child care providers through:

(1) The patrol pursuant to section 43.540, RSMo;

(2) Probable cause findings of abuse and neglect pursuant to sections 210.109 to 210.183, RSMo;

(3) The division of aging's employee disqualification list pursuant to section 660.315, RSMo;

(4) Foster parent licensure denials, revocations and suspensions pursuant to section 210.496, RSMo; and

(5) Child care facility license denials, revocations and suspensions pursuant to sections 210.201 to 210.259, RSMo.

Section 3. 1. Every child care worker and elder care worker shall complete a registration form provided by the department. The department shall make such forms available after June 1, 1999, and may, by rule, determine the specific content of such form, but every form shall:

(1) Request the valid social security number of the applicant;

(2) Include information on the person's right to appeal the information contained in the registry pursuant to section 5 of this act;

(3) Contain the signed consent of the applicant for the background checks required pursuant to this section; and

(4) Contain the signed consent for the release of information contained in the background check for employment purposes only.

2. Those persons employed as a child care worker or elder care worker prior to January 1, 2000, shall register not later than January 1, 2000. Any person hired on or after January 1, 2000, shall complete a registration form within fifteen days of the beginning of such person's employment. Any person employed as a child care worker or elder care worker who fails to submit a completed registration form to the department of health as required by sections 1 to 11 of this act without good cause, as determined by the department, is guilty of a class B misdemeanor.

3. The costs of the criminal background check may be paid by the individual applicant, or by the provider if the applicant is so employed, or for those applicants receiving public assistance, by the state through the terms of the self-sufficiency pact pursuant to section 208.325, RSMo. Any moneys remitted to the patrol for the costs of the criminal background check shall be deposited to the credit of the criminal record system fund as required by section 43.530, RSMo.

4. Any person not required to register pursuant to the provisions of sections 1 to 11 of this act may also be included in the registry if such person voluntarily applies to the department for registration and meets the requirements of this section and section 4 of this act, including submitting to the background checks in subsection 1 of section 4 of this act.

5. The provisions of sections 1 to 11 of this act shall not extend to related child care and related elder care.

6. The provisions of sections 1 to 11 of this act shall extend to persons serving as foster parents to minor children.

Section 4. 1. Upon submission of a completed registration form by a child care worker or elder care worker, the department, in coordination with the department of social services, shall:

(1) Determine if a probable cause finding of child abuse or neglect involving the applicant has been recorded pursuant to section 210.145, RSMo;

(2) Determine if the applicant has been refused licensure or has experienced licensure suspension or revocation pursuant to section 210.496, RSMo;

(3) Determine if the applicant has been placed on the employee disqualification list pursuant to section 660.315, RSMo;

(4) Determine through a request to the patrol pursuant to section 43.540, RSMo, whether the applicant has any conviction, plea of guilty or nolo contendere, or a suspended execution of sentence to a felony charge of any offense pursuant to chapters 198, 334, 560, 565, 566, 568, 569, 573, 575 and 578, RSMo; and

(5) If the background check involves a provider, determine if a facility has been refused licensure or has experienced licensure suspension or revocation pursuant to sections 210.201 to 210.259, RSMo, or chapter 198, RSMo.

2. Upon completion of the background check described in subsection 1 of this section, the department shall include information in the registry for each registrant as to whether any felony convictions, employee disqualification listings pursuant to section 660.315, RSMo, probable cause findings, pleas of guilty or nolo contendere, or license denial, revocation or suspension have been documented through the records checks authorized pursuant to the provisions of sections 1 to 11 of this act.

3. Upon the written request of the registrant, the department shall notify such registrant in writing of the results of the determination recorded on the registry pursuant to this section.

Section 5. The department's registration form for the family care safety registry and the department's notification pursuant to subsection 1 of section 3 of this act shall advise the person of a right to appeal the information contained in the registry. Any such appeal shall be filed in writing at the office of the director of the department of health within thirty days of receiving the results of the determination. An administrative appeal shall be set within thirty days of the filing of the appeal and a decision shall be made within sixty days. If the appeal is decided in favor of such person, the person's records shall be restored in the registry along with a copy of the hearing decision. If the appeal is decided against such person, the person may seek judicial review of such decision pursuant to sections 536.100 to 536.150, RSMo. An applicant's right to appeal herein is in addition to any other appeal rights granted by state law.

Section 6. The department of corrections, the department of public safety and the department of social services shall collaborate with the department to compare records on child care and elder care workers, and the records of persons with criminal convictions and the background checks pursuant to subdivisions (1) to (5) of subsection 2 of section 2 of this act, and to enter into any interagency agreements necessary to facilitate the receipt of such information and the ongoing updating of such information. The department, in coordination with the department of social services, shall promulgate rules and regulations concerning such updating, including subsequent background reviews as listed in subsection 1 of section 4 of this act.

Section 7. The department shall establish and maintain a toll-free telephone service to promote family and community safety by allowing access to certain information recorded in the registry, as provided in section 8 of this act. The department shall develop strategies to promote public awareness of the family care safety registry and toll-free telephone service.

Section 8. 1. The department shall not provide any registry information pursuant to this section unless the department asks the person calling for their name and address, and determines that the inquiry is for employment purposes only. Disclosure of background information concerning a given applicant recorded by the department in the registry shall be limited to:

(1) Confirming whether the individual is listed in the registry; and

(2) Indicating whether the individual has been listed or named in any of the background checks listed in subsection 2 of section 2 of this act. If such individual has been so listed, the department of health shall only disclose the name of the background check in which the individual has been identified. Any specific information related to such background check shall only be disclosed after the department has received a signed request from the person calling, with the person's name, address and reason for requesting the information.

2. Any person who misuses the information obtained from the registry is guilty of a class A misdemeanor.

3. When any registry information is disclosed pursuant to subdivision (2) of subsection 1 of this section, the department shall notify the registrant of the name and address of the person making the inquiry.

4. The department of health staff providing information pursuant to sections 1 to 11 of this act shall have immunity from any liability, civil or criminal, that otherwise might result by reason of such actions; provided, however, any department of health staff person who releases registry information in bad faith or with ill intent shall not have immunity from any liability, civil or criminal. Any such person shall have the same immunity with respect to participation in any judicial proceeding resulting from the release of registry information.

Section 9. The department and the department of social services shall promulgate rules and regulations necessary to implement the provisions of sections 1 to 11 of this act. No rule or portion of a rule promulgated pursuant to the authority of sections 1 to 11 of this act shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

Section 10. The department of health shall make an annual report, no later than July first of each year, to the speaker of the house of representatives and the president pro tem of the senate on the operation of the family care safety registry and toll-free telephone service, including data on the number of information requests received from the public, identification of any barriers encountered in administering the provisions of sections 1 to 11 of this act, recommendations for removing or minimizing the barriers so identified, and any recommendations for improving the delivery of information on child care workers and elder care workers to the public. As part of the annual report, the department shall, within two years of the effective date of sections 1 to 11 of this act, develop recommendations for including relevant criminal records, reviews and checks required or authorized by statute or state regulation in the family care safety registry registration process.

Section 11. For any elder care worker listed in the registry or who has submitted the registration form as required by sections 1 to 11 of this act, an elder care provider, as defined in section 660.317, RSMo, may access the registry in lieu of the requirements established pursuant to subsections 3, 4 and 5 of section 660.317, RSMo.".

Senator McKenna moved that the above amendment be adopted.

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

The point of order was referred to the President Pro Tem, who ruled it well taken.

On motion of Senator Johnson, HB 1136, as amended, was read the 3rd time and passed by following vote:

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


The President declared the bill passed.

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

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

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

At the request of Senator McKenna, HJR 26 was placed on the Informal Calendar.

At the request of Senator Banks, HB 1489, with SCS, was placed on the Informal Calendar.

HCS for HB 1038, with SCS, entitled:

An Act to amend chapter 386, RSMo, relating to certain merchandising practices of utilities by adding thereto seven new sections relating to the same subject, with penalty provisions.

Was taken up by Senator McKenna.

SCS for HCS for HB 1038, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1038

An Act to amend chapter 386, RSMo, relating to certain merchandising practices of utilities by adding thereto five new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator McKenna moved that SCS for HCS for HB 1038 be adopted.

Senator McKenna offered SS for SCS for HCS for HB 1038, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1038

An Act to amend chapter 386, RSMo, relating to certain merchandising practices of utilities by adding thereto five new sections relating to the same subject, with penalty provisions.

Senator McKenna moved that SS for SCS for HCS for HB 1038 be adopted.

Senator McKenna offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1038, Page 2, Section 386.754, Lines 3 and 4, by striking the following: ", or any other entity providing regulated gas or electric service in another state".

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

Senator Singleton offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 1038, Page 1, Section A, Line 3, by following all said line and adding:

"71.620. 1. Hereafter no person following for a livelihood the profession or calling of minister of the gospel, duly accredited Christian Science practitioner, teacher, professor in a college, priest, lawyer, certified public accountant, dentist, chiropractor, optometrist, chiropodist, or physician or surgeon in this state, shall be taxed or made liable to pay any municipal or other corporation tax or license fee of any description whatever for the privilege of following or carrying on such profession or calling, any law, ordinance or charter to the contrary notwithstanding.

2. No person following for a livelihood the profession of veterinarian, architect, professional engineer, land surveyor, auctioneer, or real estate broker or salesman in this state, shall be taxed or made liable to pay any municipal or other corporation tax or license fee for the privilege of following or carrying on his profession by a municipality unless that person maintains a business office within that municipality.

3. No municipal corporation in this state which imposes a license or occupation tax on an electrical corporation, as defined in section 386.020, RSMo, may impose an additional municipal or other corporation tax or license fee upon such electrical corporation which applies to telecommunications equipment or facilities installed or operated by such electrical corporation on its premises, in easements or rights of way possessed by such electrical corporation, or on facilities owned or possessed by it until July 1, 2000."; and

Further amend the title and enacting clause accordingly.

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

Senator McKenna moved that SS for SCS for HCS for HB 1038, as amended, be adopted, which motion prevailed.

On motion of Senator McKenna, SS for SCS for HCS for HB 1038, as amended, was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

Senator Mathewson assumed the Chair.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which was referred HCS for HB 1265, begs leave to report that it has considered the same and recommends that the bill do pass.

HOUSE BILLS ON THIRD READING

HCS for HB 1265, entitled:

An Act to repeal section 166.131, RSMo 1994, and section 166.300, RSMo Supp. 1997, relating to school funds, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up by Senator Maxwell.

On motion of Senator Maxwell, HCS for HB 1265 was read the 3rd time and passed by the following vote:

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

The President declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

Senator Maxwell moved that the Senate refuse to grant conference on SS for HCS for HB 1197, as amended, and request the House to take up and pass the bill.

HOUSE BILLS ON THIRD READING

HJR 26, introduced by Representative Hosmer, entitled:

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 7 of article IX of the Constitution of Missouri, relating to education and adopting one new section in lieu thereof relating to the same subject.

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

Senator McKenna offered SA 1:

SENATE AMENDMENT NO. 1

Amend House Joint Resolution No. 26, Page 2, Section 7, Line 22, by inserting after all of said line the following: "The additional revenue provided by this section shall not be part of the "total state revenue" within the meaning of sections 17 and 18 of article X of the Constitution. The expenditure of this additional revenue shall not be an "expense of state government" under section 20 of article X of the Constitution.".

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

Senator McKenna offered SA 2:

SENATE AMENDMENT NO. 2

Amend House Joint Resolution No. 26, Page 2, Section 7, Line 22, by inserting after all of said line the following: "One-half of the additional revenue provided by this section shall not be part of the "total state revenue" within the meaning of sections 17 and 18 of article X of this Constitution. The expenditure of this additional revenue shall not be an "expense of state government" under section 20 of article X of this Constitution.".

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

Senator Schneider offered SA 3:

SENATE AMENDMENT NO. 3

Amend House Joint Resolution No. 26, Page 1, In the Title, Line 2, by inserting immediately after the word "repealing" the following: "section 8 of article III of the Constitution of Missouri relating to term limits and"; and further amend said title, lines 3-4, by striking "adopting one new section in lieu thereof relating to the same subject" and inserting in lieu thereof the following: "adopting three new sections in lieu thereof relating to the same subjects"; and

Further amend said resolution, Page 1, Preamble, Line 4, by striking the words "amendment to article IX" and inserting in lieu thereof the following: "amendments, to be presented to the voters as separate questions, to articles III and IX"; and

Further amend said resolution, Page 1, Preamble, Line 5, by striking the colon ":" and inserting in lieu thereof the following: "and in sections A and B, the amendment receiving the greater majority of votes cast for adoption shall supercede:

Section A. Section 8, article III, constitution of Missouri, is repealed and one new section adopted in lieu thereof, to be submitted to the voters as a separate question, to be known as section 8, to read as follows:

Section 8. After the effective date of this section, no person shall serve for more than a total of four years in the office of speaker of the house of representatives or the office of president pro tem of the senate or to any office hereinafter created which exercises the powers of said offices as presently constituted.

Section 8. (a) After the effective date of this section, no person shall seek election to office in any one house of the general assembly at the following regular election for such office, if, by the end of such person's current term, such person will have served, or but for resignation would have served, twelve or more consecutive years.

[Section 8. No one shall be elected or appointed to serve more than eight years total in any one house of the General Assembly nor more than sixteen years total in both houses of the General Assembly. In applying this section, service in the General Assembly resulting from an election or appointment prior to the effective date of this section shall not be counted.]"; and

Further amend said resolution, Page 1, Section A, Line 1, by striking the following: "Section A." and inserting in lieu thereof the following: "Section B.".

Senator Schneider moved that the above amendment be adopted.

At the request of Senator McKenna, HJR 26, with SA 3 (pending), was placed on the Informal Calendar.

MESSAGES FROM THE HOUSE

The following message was 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 SS for SCS for HB 1507 and has taken up and passed CCS for SS for SCS for HB 1507.

CONFERENCE COMMITTEE REPORTS

Senator Wiggins, on behalf of the conference committee appointed to act with a like committee from the House on SS for SCS for HB 1507, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1507

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Substitute for Senate Committee Substitute for House Bill No. 1507, 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 Bill No. 1507;

2. That the Senate recede from its position on Senate Substitute for Senate Committee Substitute for House Bill No. 1507, as amended;

3. That the attached Conference Committee Substitute for Senate Substitute for Senate Committee Substitute for House Bill No. 1507 be adopted.

FOR THE SENATE: FOR THE HOUSE:
/s/ Ed Quick /s/ Joan Bray
/s/ Harry Wiggins /s/ Tim VanZandt
/s/ John D. Schneider /s/ Mike Schilling
/s/ Franc Flotron /s/ Michael R. Gibbons
/s/ John T. Russell /s/ Daniel J. Hegeman


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

At the request of Senator Wiggins, the above motion 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 has taken up and passed HS for HCS for SS for SCS for SB 627, entitled:

An Act to repeal sections 144.010 and 144.020, RSMo Supp. 1997, relating to utility taxation, and to enact in lieu thereof eight new sections relating to the same subject, with an emergency clause.

With House Amendments Nos. 1, 2, 3 and 4.

HOUSE AMENDMENT NO. 1

Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 627, Section 313.297, Page 13, Line 1, by inserting at the end of all of said line the following:

"(3) To restore to political subdivisions revenue sources that existed prior to any previously implemented gas industry restructuring.

(4) To remove disparities in the liability of natural gas suppliers for business taxes, franchise fees, and payments in lieu of taxes, which disparities have arisen as a result of any previously implemented gas industry restructuring.".

HOUSE AMENDMENT NO. 2



Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 627, Page 14, Section 393.297, Line 11, by inserting after all of said line the following:

"5. It is not the intent of this act to regulate the transportation of natural gas, methane, or propane in interstate commerce to the extent that such regulation is preempted by the Constitution of the United States.".

HOUSE AMENDMENT NO. 3

Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 627, Page 12, Section 393.297, Lines 17-20, by deleting the words "for the maintenance of gas and electric lines, utility easements and public rights-of-way and for police, fire and other public health services".

HOUSE AMENDMENT NO. 4

Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 627, Page 17, Section 393.299, Line 4, by inserting after the first occurrence of the word "person" the words "on behalf of any seller"; and

Further amend said line, by striking the second occurrence of the word "person" and inserting in lieu thereof the word "seller"; and

Further amend said page, said section, line 20, by inserting after the word "person" the words "on behalf of any seller"; and

Further amend said bill, page 18, section 393.299, line 1, by striking the word "person" and inserting in lieu thereof the word "seller"; and

Further amend said page, said section, line 3, by striking the word "person" and inserting in lieu thereof the word "seller"; and

Further amend said bill, page 22, section 393.301, line 3, by inserting before the word "agreements" the words "the seller's".

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 refuses to recede from its position on HA 1 and reconsidered HA 2 and has adopted a new HA 2 and HA 4 to HS for HCS for SB 629, as amended, and request the Senate take up and pass HS for HCS for SB 629, as amended.

HOUSE AMENDMENT NO. 2

Amend House Substitute for House Committee Substitute for Senate Bill No. 629, Page 1, In the Title, Line 2, by inserting after the word "repeal" the following: "section 141.750, RSMo 1994 and"; and

Further amend said bill, Page 1, In the Title, Line 8, by inserting after the word "assembly" the following: "and section 50.150 as it appears in senate committee substitute for house bill no. 1734, as truly agreed and finally passed in the second regular session of the eighty-ninth general assembly"; and

Further amend said bill, Page 1, In the Title, Line 9, by deleting the word "twenty-five" and inserting in lieu thereof the word "twenty-four"; and

Further amend said bill, Page 1, Section A, Line 13, by deleting the word "Sections" and inserting in lieu thereof the following: "Section 141.750, RSMo 1994, and sections"; and

Further amend said bill, Page 1, Section A, Line 17, by inserting after the word "assembly" the following: "and section 50.150 as it appears in senate committee substitute for house bill no. 1734, as truly agreed and finally passed in the second regular session of the eighty-ninth general assembly" and further amend said line, by deleting the word "twenty-five" and inserting in lieu thereof the word "twenty-four"; and

Further amend said bill, Page 1, Section A, Line 18, by inserting after the word "sections" the number "50.1500,"; and

Further amend said bill, Page 2, Section A, Line 1, by deleting the following: "67.1663, 1, 2, and 3"; and inserting in lieu thereof the following: "67.163 and 141.750,"; and

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

"50.1500. 1. The governing body of any county, excluding township counties, may by ordinance or order provide for the payment of all or any part of current real and personal property taxes which are owed, at the option of the taxpayer, on an annual, semiannual or quarterly basis at such times as determined by such governing body.

2. The ordinance shall provide the method by which the amount of property taxes owed for the current tax year in which the payments are to be made shall be estimated. The collector shall submit to the governing body the procedures by which taxes will be collected pursuant to the ordinance or order. The estimate shall be based on the previous tax year's liability. A taxpayer's payment schedule shall be based on the estimate divided by the number of pay periods in which payments are to be made. The taxpayer shall at the end of the tax year pay any amounts owed in excess of the estimate for such year. The county shall at the end of the tax year refund to the taxpayer any amounts paid in excess of the property tax owed for such year. No interest shall be paid by the county on excess amounts owed to the taxpayer. Any refund paid the taxpayer pursuant to this subsection shall be an amount paid by the county only once in a calendar year.

3. If a taxpayer fails to make an installment payment of a portion of the real or personal property taxes owed to the county, then such county may charge the taxpayer interest and penalties on the [entire] remaining amount of such property taxes owed for that year.

4. Any governing body enacting the ordinance or order specified in this section shall first agree to provide the county collector with reasonable and necessary funds to implement the ordinance or order.;" and

Further amend said bill, Pages 37 to 48, Sections 1, 2 and 3, by deleting all of said sections and inserting in lieu thereof the following:

"141.750. 1. Such land trust shall be a continuing body and shall have and adopt an official seal which shall bear on its face the words "Land Trust of ......... County, Missouri", "Seal", and shall have the power to sue and issue deeds in its name, which deed shall be signed by the chairman or vice chairman, and attested by the secretary or assistant secretary and the official seal of the land trust affixed thereon, and shall have the general power to administer its business as any other corporate body.

2. The land trust may convey title to any real estate sold or conveyed by it by general or special warranty deed, and may convey an absolute title in fee simple, without in any case procuring any consent, conveyance or other instrument from the beneficiaries for which it acts[;]. Provided, however, that each such deed shall recite whether the selling price represents a consideration equal to or in excess of two-thirds of the appraised value of such real estate so sold or conveyed, and if such selling price represents a consideration less than two-thirds of the appraised value of [said] such real estate, then the land trustees shall first procure the consent thereto of not less than two of the three appointing authorities, which consent shall be evidenced by a copy of the action of each such appointing authority duly certified to by its clerk or secretary attached to and made a part of [said] such deed. The land trustees shall have to procure one of the three appointing authorities if the land trust conveys such property to any Missouri not for profit organization whose primary purpose is the provision or enhancement of housing opportunities in its community.".

HOUSE AMENDMENT NO. 4

Amend House Substitute for House Committee Substitute for Senate Bill No. 629, Page 48, Section 18, Lines 4-8, by deleting all of said lines; and further amend the title and enacting clause accordingly.

President Pro Tem McKenna assumed the Chair.

PRIVILEGED MOTIONS

Senator Goode moved that SS for SCS for SB 627, with HS for HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HS for HCS for SS for SCS for SB 627, as amended, entitled:

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 627

An Act to repeal sections 144.010 and 144.020, RSMo Supp. 1997, relating to utility taxation, and to enact in lieu thereof eight new sections relating to the same subject, with an emergency clause.

Was taken up.

Senator Goode moved that HS for HCS for SS for SCS for SB 627, as amended, be adopted, which motion prevailed by the following vote:

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

On motion of Senator Goode, HS for HCS for SS for SCS for SB 627 was read the 3rd time and passed by the following vote:

YEAS--Senators
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--32
NAYS--Senators--None
Absent--Senators
Banks Clay--2
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
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--32
NAYS--Senators--None
Absent--Senators
Banks Jacob--2
Absent with leave--Senators--None

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

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

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

Bill ordered enrolled.

President Wilson assumed the Chair.

Senator Goode moved that SB 629, with HS for HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HS for HCS for SB 629, as amended, entitled:

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 629

An Act to repeal sections 1, 2, 3 and 18 as they appear in senate committee substitute for house substitute for house committee substitute for house bill no. 1636 as truly agreed and finally passed by the second general session of the eighty-ninth general assembly, relating to community improvement, and to enact in lieu thereof twenty-five new sections relating to the same subject.

Was taken up.

Senator Goode moved that HS for HCS for SB 629, 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 Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Banks--1
Absent with leave--Senators--None

On motion of Senator Goode, HS for HCS for SB 629, as amended, was read the 3rd time and passed by the following vote:

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

Bill ordered enrolled.

HOUSE BILLS ON THIRD READING

HB 1144, with SCA 1, introduced by Representative Mays (50), entitled:

An Act to repeal section 386.570, RSMo 1994, relating to penalties for violation of public service commission orders, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

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

SCA 1 was taken up.

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

Senator Goode moved that HB 1144 be read the 3rd time and finally passed.

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 adopted SCS for HCS for HB 1526 and has again taken up and passed SCS for HCS for HB 1526.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HCS for HB 1536 and has again taken up and passed SCS for HCS for HB 1536.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HS for HCS for HB 1434, as amended, and has again taken up and passed SCS for HS for HCS for HB 1434, as amended.

Emergency clause adopted.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SS for SB 478.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS for HS for HCS for HB 971 and has again taken up and passed SS for HS for HCS for HB 971.

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 SB 743, as amended by CCA 1, and has taken up and passed CCS for HS for SB 743, as amended by the conference committee report.

Emergency clause adopted.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 650.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS for HCS for HB 1891 and has again taken up and passed SS for HCS for HB 1891.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SS for SCS for SB 754.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SA 2 to HB 1274 and has again taken up and passed HB 1274, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1352, as amended and has again taken up and passed SCS for HB 1352, 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 HCS for SB 936 and has taken up and passed CCS for HCS for SB 936.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS for SCS for HCS for HB 1038, as amended, and has again taken up and passed SS for SCS for HCS for HB 1038, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HS for HCS for HBs 977 and 1608, as amended, and has again taken up and passed SCS for HS for HCS for HBs 977 and 1608, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 709.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1880 and has again taken up and passed SCS for HB 1880.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS for SCS for HS for HCS for HB 1656, as amended, and has again taken up and passed SS for SCS for HS for HCS for HB 1656, 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 SCS for SB 659 and has taken up and passed HS for HCS for SCS for SB 659 as amended by the conference committee report.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HS for HCS for SB 619 and has taken up and passed HS for HCS for SB 619 as amended by the conference committee report.

Bill ordered enrolled.

RESOLUTIONS

Senator Kenney offered Senate Resolution No. 1943, regarding Nathaniel Russell "Nathan" Anderson, Lee's Summit, which was adopted.

Senator Yeckel offered Senate Resolution No. 1944, regarding William Leonard Oliver, Fenton, which was adopted.

Senator Lybyer offered Senate Resolution No. 1945, regarding Mayor C. Clark Leonard, Salem, which was adopted.



Senator Graves offered Senate Resolution No. 1946, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Gus Lohman, Cameron, which was adopted.

Senator Graves offered Senate Resolution No. 1947, regarding Bud Montgomery, which was adopted.

Senator Graves offered Senate Resolution No. 1948, regarding the One Hundredth Birthday of Rosa Black Ragan, Trenton, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Jacob introduced to the Senate, the Physician of the Day, Dr. Jerry Kennett, M.D., Columbia.

On motion of Senator Quick, the Senate adjourned until 2:00 p.m., Thursday, May 21, 1998.