The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, Jesus asked, "What shall it profit a man if he gain the whole world and lose his own soul?" Lord, we ask courage that we not sell out to the highest bidder, for strength that we yield not to the greatest pleasure, and for wisdom that we not accept the expedient solution. May we not overlook an orchid while searching for a rose. In Jesus Name we pray. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal of the previous day was read and approved.

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

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

     The following Bills were read the 2nd time and referred to the Committees indicated:

     HS No. 2 for HCS for HB 1186--Financial and Governmental Operations.

     HS for HCS for HB 1237--Agriculture and Local Government.

     Senator Banks, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following reports:

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SS for SCS for SB 831; SB 781; and SB 695, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

     President Pro Tem Mathewson referred SB 781 to the Committee on State Budget Control.

     HB 1295, introduced by Representative Gunn, et al, entitled:

     An Act to amend chapter 41, RSMo, relating to military affairs, by adding thereto one new section relating to the search of persons upon military facilities.

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

     On motion of Senator Maxwell, HB 1295 was read the 3rd time and passed by the following vote:

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

     The President Pro Tem declared the bill passed.

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

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

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

     HS for HCS for HBs 1069, 794, 807, 936, 1128, 1153 and 1202, with SCS, entitled:

     An Act to repeal section 376.995, RSMo 1994, and to enact in lieu thereof two new sections for the purpose of providing insurance coverage of certain inpatient maternity benefits.

     Was taken up by Senator Banks.

     SCS for HS for HCS for HBs 1069, 794, 807, 936, 1128, 1153 and 1202, entitled:

     An Act to repeal section 376.995, RSMo 1994, and to enact in lieu thereof two new sections for the purpose of providing insurance coverage of certain inpatient maternity benefits.

     Was taken up.

     Senator Banks moved that SCS for HS for HCS for HBs 1069, 794, 807, 936, 1128, 1153 and 1202 be adopted.

     Senator Klarich offered SA 1, which was read:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1069, 794, 807, 936, 1128, 1153 and 1202, Page 3, Section 376.1210, Line 11, by adding after the word "delivery" the following: "where medically necessary and indicated as determined by a qualified physician".

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

     SA 1 failed of adoption by the following vote:

	Yeas--Senators
Ehlmann	Graves	House	Kenney
Kinder	Klarich	Melton	Rohrbach
Russell--9
	Nays--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Goode	Howard
Johnson	Lybyer	Mathewson	Maxwell
McKenna	Moseley	Mueller	Quick
Schneider	Scott	Sims	Staples
Treppler	Westfall	Wiggins--23
	Absent--Senators
Flotron	Singleton--2
	Absent with leave--Senators--None

     Senator Klarich offered SA 2, which was read:

     Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1069, 794, 807, 936, 1128, 1153 and 1202, Page 3, Section 376.1210, Line 9, by inserting immediately after the word "for" as it first appears, the following: "in-home care provided by those licensed pursuant to section 334.260, RSMo, and coverage for".

     Senator Klarich moved that the above amendment be adopted.

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

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

     SA 2 was again taken up.

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

     President Wilson in the Chair.

     Senator Wiggins assumed the Chair.

     Senator Banks moved that SCS for HS for HCS for HBs 1069, 794, 807, 936, 1128, 1153 and 1202 be adopted, which motion prevailed.

     On motion of Senator Banks, SCS for HS for HCS for HBs 1069, 794, 807, 936, 1128, 1153 and 1202 was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	Graves	House	Howard
Johnson	Kenney	Kinder	Lybyer
Mathewson	Maxwell	McKenna	Melton
Moseley	Mueller	Quick	Russell
Schneider	Scott	Sims	Singleton
Staples	Treppler	Westfall	Wiggins--32
	Nays--Senators
Klarich	Rohrbach--2
	Absent--Senators--None
	Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     HCS for HBs 904, 788 and 966, with SCS, entitled:

     An Act to repeal section 376.995, RSMo 1994, and section 167.181, RSMo Supp. 1995, and to enact in lieu thereof five new sections for the purpose of improving access to immunizations for children.

     Was taken up by Senator Quick.

     SCS for HCS for HBs 904, 788 and 966, entitled:

     An Act to repeal section 376.995, RSMo 1994, and section 167.181, RSMo Supp. 1995, and to enact in lieu thereof four new sections for the purpose of improving access to immunizations for children.

     Was taken up.

     Senator Quick moved that SCS for HCS for HBs 904, 788 and 966 be adopted.

     Senator Quick offered SA 1:

     Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 904, 788 and 966, Page 5, Section 1, Line 22, by inserting after the words: "long-term care policies," the following: "coverage issued as a supplement to liability insurance, short-term major medical policies of six months or less duration".

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

     Senator Rohrbach offered SA 2:

     Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 904, 788 and 966, Page 5, Section 1, Line 29, by inserting at the end of said line the following:

     "6. No health care provider shall charge more than one hundred percent of the reasonable and customary charges for providing any immunization.".

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

     Senator Kenney offered SA 3, which was read:

     Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 904, 788 and 966, Page 6, Section 2, Line 45, by deleting the word "fifteen", and inserting in lieu thereof, "forty-five".

     Senator Kenney moved that the above amendment be adopted.

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

     Senator Kenney offered SA 4, which was read:

     Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 904, 788 and 966, Page 6, Section 2, Lines 43-45, by deleting all of said lines.

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

     Senator Quick moved that SCS for HCS for HBs 904, 788 and 966, as amended, be adopted, which motion prevailed.

     On motion of Senator Quick, SCS for HCS for HBs 904, 788 and 966, as amended, was read the 3rd time and passed by the following vote:

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

     HB 1055, introduced by Representative Overschmidt, entitled:

     An Act to repeal section 208.010, RSMo 1994, relating to public assistance benefits, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up by Senator Maxwell.

     Senator Quick assumed the Chair.

     Senator Russell offered SA 1:

     Amend House Bill No. 1055, Page 5, Section 208.010, Line 154, by inserting immediately after said line, the following:

     "Section 1. 1. Any person receiving public assistance benefits pursuant to chapter 208, RSMo, is deemed to have consented to a drug test to detect the use of controlled substances. Such test may be requested by the director of the department of social services or the prosecuting attorney of the county in which the person resides or may be found. Any public assistance recipient who is found to have tested positive for the use of a controlled substance, which was not prescribed for such recipient by a licensed physician or dentist, shall, after an administrative hearing conducted pursuant to the provisions of chapter 536, RSMo, be declared ineligible for all public assistance benefits of a period of three years from the date of the administrative hearing.

     2. The director shall promulgate rules to effectuate the provisions of this section. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     Section 2. Any public assistance recipient who has been found guilty or who has pleaded guilty to a violation of any provision of chapter 195, RSMo, shall be ineligible to receive public assistance benefits, under the provisions of chapter 208, RSMo, for a period of time, to be determined by the sentencing judge. Such period of ineligibility shall not exceed five years."; and

     Further amend the title and enacting clause accordingly.

     Senator Russell moved that the above amendment be adopted.

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

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

     Senator Curls offered SA 2:

     Amend House Bill No. 1055, Page 5, Line 154, by inserting immediately after all of said line the following:

     "208.169. 1. Notwithstanding other provisions of this chapter, including but not limited to sections 208.152, 208.153, 208.159 and 208.162:

     (1) There shall be no revisions to a facility's reimbursement rate for providing nursing care services under this chapter upon a change in ownership, management control, operation, stock, leasehold interests by whatever form for any facility previously licensed or certified for participation in the medicaid program. Increased costs for the successor owner, management or leaseholder that result from such a change shall not be recognized for purposes of reimbursement;

     (2) In the case of a newly built facility or part thereof which is less than two years of age and enters the Title XIX program under this chapter after July 1, 1983, a reimbursement rate shall be assigned based on the lesser of projected estimated operating costs or one hundred ten percent of the median rate for the facility's class to include urban and rural categories for each level of care including ICF only and SNF/ICF. The rates set under this provision shall be effective for a period of twelve months from the effective date of the provider agreement at which time the rate for the future year shall be set in accordance with reported costs of the facility recognized under the reimbursement plan and as provided in subdivisions (3) and (4) of this subsection. Rates set under this section may in no case exceed the maximum ceiling amounts in effect under the reimbursement regulation;

     (3) Reimbursement for capital related expenses for newly built facilities entering the Title XIX program after March 18, 1983, shall be calculated as the building and building equipment rate, movable equipment rate, land rate, and working capital rate.

     (a) The building and building equipment rate will be the lower of:

     a. Actual acquisition costs, which is the original cost to construct or acquire the building, not to exceed the costs as determined in section 197.357, RSMo; or

     b. Reasonable construction or acquisition cost computed by applying the regional Dodge Construction Index for 1981 with a trend factor, if necessary, or another current construction cost measure multiplied by one hundred eight percent as an allowance for fees authorized as architectural or legal not included in the Dodge Index Value, multiplied by the square footage of the facility not to exceed three hundred twenty-five square feet per bed, multiplied by the ratio of forty minus the actual years of the age of the facility divided by forty; and multiplied by a return rate of twelve percent; and divided by ninety-three percent of the facility's total available beds times three hundred sixty-five days.

     (b) The maximum movable equipment rate will be fifty-three cents per bed day.

     (c) The maximum allowable land area is defined as five acres for a facility with one hundred or less beds and one additional acre for each additional one hundred beds or fraction thereof for a facility with one hundred one or more beds.

     (d) The land rate will be calculated as:

     a. For facilities with land areas at or below the maximum allowable land area, multiply the acquisition cost of the land by the return rate of twelve percent, divide by ninety-three percent of the facility's total available beds times three hundred sixty-five days.

     b. For facilities with land areas greater than the maximum allowable land area, divide the acquisition cost of the land by the total acres, multiply by the maximum allowable land area, multiply by the return rate of twelve percent, divide by ninety-three percent of the facility's total available beds times three hundred sixty-five days.

     (e) The maximum working capital rate will be twenty cents per day;

     (4) If a provider does not provide the actual acquisition cost to determine a reimbursement rate under subparagraph a. of paragraph (a) of subdivision (3) of subsection 1 of this section, the sum of the building and building equipment rate, movable equipment rate, land rate, and working capital rate shall be set at a reimbursement rate of six dollars;

     (5) For each state fiscal year a negotiated trend factor shall be applied to each facility's Title XIX per diem reimbursement rate. The trend factor shall be determined through negotiations between the department and the affected providers and is intended to hold the providers harmless against increase in cost. In no circumstances shall the negotiated trend factor to be applied to state funds exceed the health care finance administration market basket price index for that year. The provisions of this subdivision shall apply to fiscal year 1996 and thereafter.

     2. The provisions of subdivisions (1), (2), (3), and (4) of subsection 1 of this section shall remain in effect until July 1, 1989, unless otherwise provided by law.

     [3. The provisions of this section shall not apply in any respect for any reason to any intermediate care facility exclusively for the mentally retarded/developmentally disabled which entered the Title XIX program after July 1, 1983.]"; and

     Further amend said bill, in the title and enacting clause accordingly.

     Senator Curls moved that the above amendment be adopted.

     Senator Maxwell raised the point of order that SA 2 is out of order in that the amendment goes beyond the purpose and scope of the bill.

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

     Senator Russell offered SA 3:

     Amend House Bill No. 1055, Page 5, Section 208.010, Line 154, by inserting immediately after said line, the following:

     "Section 1. 1. Any person receiving public assistance benefits pursuant to chapter 208, RSMo, is deemed to have consented to a drug test to detect the use of controlled substances. Said test may be requested by the director of the department of social services or the prosecuting attorney of the county in which the person resides or may be found. Any public assistance recipient who is found to have tested positive for the use of a controlled substance, which was not prescribed for such recipient by a licensed physician or dentist, shall, after an administrative hearing conducted pursuant to the provisions of chapter 536, RSMo, be declared ineligible for all public assistance benefits of a period of three years from the date of the administrative hearing.

     2. The director shall promulgate rules to effectuate the provisions of this section. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     Section 2. Any public assistance recipient who has been found guilty or who has pleaded guilty to a violation of any provision of chapter 195, RSMo, shall be ineligible to receive public assistance benefits, under the provisions of chapter 208, RSMo, for a period of time, to be determined by the sentencing judge. Such period of ineligibility shall not exceed five years."; and

     Further amend the title and enacting clause accordingly.

     Senator Russell moved that the above amendment be adopted.

     Senator Johnson assumed the Chair.

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

     Amend Senate Amendment No. 3 to House Bill No. 1055, Page 1, by inserting on line 11 after the word "RSMo", "be admitted to a drug rehabilitation program and if pregnant, a pre- natal care program or".

     Senator Sims moved that the above amendment be adopted.

     Senator McKenna assumed the Chair.

     At the request of Senator Maxwell, HB 1055, with SA 3 and SA 1 to SA 3 (pending), was placed on the Informal Calendar.

     Senator Caskey offered Senate Resolution No. 1310, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Marvin Staley, Garden City, which was adopted.

     Senator Russell offered Senate Resolution No. 1311, regarding the Marshfield Lady Jays Championship Basketball Team, which was adopted.

     Senator Scott offered Senate Resolution No. 1312, regarding Megan Lockett, Webster Groves, which was adopted.

     On motion of Senator Banks, the Senate recessed until 2:30 p.m.

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

     Senator Ehlmann offered Senate Resolution No. 1313, regarding Troy Robertson, St. Charles, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 1314, regarding Liz Dietz, St. Charles, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 1315, regarding Tiffany Vehige, Wentzville, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 1316, regarding Donna Simon, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 1317, regarding Austin Bredow, St. Charles, which was adopted.

     The President Pro Tem announced that all other business would be suspended and HB 1619, HB 1346 and HB 766, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bills would be signed by the President Pro Tem to the end that they may become law. No objections being made, the bills were so read by the Secretary and signed by the President Pro Tem.

     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 SJR 32.

     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 SCR 18.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 19.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 24.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 25.

     HB 974, with SCS, introduced by Represen-tative Gaw, et al, entitled:

     An Act to repeal sections 557.036, 558.018, 558.021, 559.115, 566.010, 566.030, 566.034, 566.060 and 589.015, RSMo 1994, relating to sex offenders, and to enact in lieu thereof ten new sections relating to the same subject, with penalty provisions.

     Was taken up by Senator Sims.

     SCS for HB 974, entitled:

     An Act to repeal sections 577.036, 558.018, 558.021, 559.115, 566.010 and 589.015, RSMo 1994, and sections 566.607 and 566.610, RSMo Supp. 1995, relating to sex offender sentencing, and to enact in lieu thereof nine new sections relating to the same subject, with penalty provisions.

     Was taken up.

     Senator Sims moved that SCS for HB 974 be adopted.

     Senator Sims offered SS for SCS for HB 974, entitled:

     An Act to repeal sections 557.036, 558.018, 558.021, 559.115, and 589.015, RSMo 1994, and sections 566.607 and 566.610, RSMo Supp. 1995, relating to sex offender sentencing, and to enact in lieu thereof eight new sections relating to the same subject, with penalty provisions.

     Senator Sims moved that SS for SCS for HB 974 be adopted.

     Senator Wiggins resumed the Chair.

     On motion of Senator Sims, SS for SCS for HB 974 was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	Graves	House	Howard
Johnson	Kenney	Kinder	Klarich
Lybyer	Mathewson	Maxwell	McKenna
Melton	Moseley	Mueller	Quick
Rohrbach	Russell	Schneider	Scott
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--34
	Nays--Senators--None
	Absent--Senators--None
	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 Banks moved that motion lay on the table, which motion prevailed.

     Senator Maxwell moved that HB 1055, with SA 3 and SA 1 to SA 3 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SA 1 to SA 3 was again taken up.

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

     SA 3 was again taken up.

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

     Senator Maxwell offered SA 4:

     Amend House Bill No. 1055, Page 5, Section 208.010, Line 154, by inserting immediately after said line, the following:

     "Section 1. AFDC and food stamp recipients, who are required to participate in a work activity in order to retain their eligibility and who are denied employment due to failing an employer required controlled substance screening, shall have thirty days to become employed with the screening employer or obtain other employment. Denial of employment after failing a controlled substance screening and failure to become employed within thirty days of the screening shall result in a recalculation of the AFDC and food stamp benefits for the household without considering the needs of the caretaker recipient.

     Section 2. The suspension of caretaker benefits shall be imposed until the caretaker becomes employed or is actively engaged in community work experience. The recipient shall have the right to a review with the director of the division of family services or the director's designee if a sanction is imposed.

     Section 3. The director of the department of social services shall apply to the United States Secretary of Health and Human Services for waivers required to implement the provisions of this section."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Staples assumed the Chair.

     Senator Ehlmann offered SA 5:

     Amend House Bill No. 1055, Page 5, Section 208.010, Line 154, by inserting immediately after said line, the following:

     "Section 1. In order to promote diverse approaches to the problems of poverty and to encourage maximum local participation and volunteerism, the "Community Partner-ship Program" is hereby created.

     Section 2. As used in sections 1 to 16, the following terms shall mean:

     (1) "Qualified individuals", any individual who receives any cash or in-kind payment, or any other benefit administered by the division of family services;

     (2) "Community partnership organization", any:

     (a) Charitable organization as defined in section 407.453, RSMo;

     (b) Not for profit corporation established pursuant to chapter 355, RSMo;

     (c) Benevolent association established pursuant to chapter 352, RSMo;

(d) Governmental body;

     (e) Organization that has obtained an exemption from the payment of federal income taxes as provided in section 501 (c) (3), 501 (c) (7) or 501 (c) (8) of Title 26, United States Code, as amended;

     (f) Religious or educational organization exempt from taxation pursuant to the Missouri or United States Constitution; or

     (g) Combination of paragraphs (a) to (g) of subdivision (2) of this section;

which chooses to dispense welfare benefits to qualified individuals, and meets the requirements set forth in section 11 of this act;

     (3) "Director", the director of the division of family services;

     (4) "Division", the division of family services;

     (5) "Program", the community partnership program established pursuant to this act;

     (6) "Benefit", the cash, in-kind, or other benefit payment to which a qualified individual is entitled.

     Section 3. The provisions of chapter 208, RSMo, to the contrary notwithstanding, qualified individuals may participate in the community partnership program as established in sections 1 to 16 of this act.

     Section 4. Those qualified individuals who elect to participate in the program shall enter into a contractual agreement with a community partnership organization of the qualified individual's choosing for the purpose of distributing benefits and providing services pursuant to section 7 of this act. No qualified individual shall enter into more than one contractual arrangement with a community partnership organization concurrently.

     Section 5. 1. The division shall:

     (1) Determine and publicly disclose the gross amount of public assistance to be dispersed for aid to families with dependent children, and the total costs for administering said assistance as a percentage of said gross amount;

     (2) Calculate the benefits to be distributed to qualified individuals who choose to participate in the program in the same manner as the benefits distributed to those individuals who elect not to participate;

     (3) Not reduce the monthly cash benefits of those who elect not to participate in the program based upon the amount of moneys transferred to the community partnership program fund pursuant to this section;

     (4) Not set a benefit amount for qualified individuals who elect to participate in a community partnership program that is less than the benefit amount of those who do not participate in the program;

     (5) Develop standardized forms for the contractual agreements between the division and community partnership organizations and between qualified individuals and community partnership organizations;

     (6) Provide qualified individuals with information on a regular basis of any community partnership organizations available within the geographical area of the qualified individual;

     (7) Establish a hotline for qualified individuals to register complaints on community partnership organizations for noncompliance of the terms of duly executed contractual arrangements.

     2. Payments to implement sections 1 to 16 of this act shall be made from the community partnership program fund created in section 13 of this act.

     Section 6. Any community partnership organization may contract with the division to distribute benefits to qualified individuals who elect to participate in a community partnership program.

     Section 7. Any community partnership organization, in establishing and maintaining a community partnership program, may:

     (1) Charge qualified individuals who choose to participate a fee for the provision of services equal to the amount of the community partnership organization's administrative costs for providing said services; however, the community partnership organization shall not charge a fee which as a percentage of the benefits distributed exceeds ten percent;

     (2) Supplement the benefits to which a qualified individual, who has entered into an agreement with the community partnership organization pursuant to section 4 of this act, with additional cash grants, gifts, or services, including, but not limited to, the following:

     (a) Child day care in a child day care center;

     (b) Job training;

     (c) Transportation;

     (d) Food or household necessities;

     (e) Remedial education;

     (f) Domestic skills training;

     (g) Parenting instruction;

     (h) Health benefits.

     Section 8. As a condition of the receipt of benefits or any other support provided by a community partnership organization, including those services set out in section 7 of this act, a community partnership organization may require qualified individuals to meet any additional standards, except that the community partnership organization may not require the qualified individual to:

     (1) Perform any illegal act; or

     (2) Attend any religious worship service.

     Section 9. Qualified individuals who fail to meet the requirements of a duly executed contractual agreement with a community partnership organization shall forfeit to the division, upon a fifteen-day notice to the qualified individual and the division, any increase in their benefit provided for in section 13 of this act over that which the qualified individual would otherwise receive and shall forfeit to the community partnership organization any other supplemental support provided by the community partnership organization pursuant to section 7 of this act. The forfeiture shall continue until a qualified individual is deemed by the community partnership organization under terms established by the division or by the division to be in compliance with the provisions of the contractual agreement, or until the contract is terminated by the qualified individual or the community partnership organization pursuant to section 10 of this act. If a contractual agreement between a community partnership organization and a qualified individual is terminated, the qualified individual shall be deemed to be a nonparticipant in the program for a period of thirty days or until the said qualified individual enters or re-enters into a contractual agreement with a community partnership organization, whichever is less. Those recipients deemed to be nonparticipants due to termination of a contract shall receive benefits as otherwise provided for by law.

     Section 10. Every duly executed contractual agreement between a qualified individual and a community partnership organization shall contain a provision allowing the qualified individual or the community partnership organization the right to rescind the agreement upon thirty days notice to the division and to all parties to the said contractual agreement.

     Section 11. The division shall require community partnership organizations to meet the following conditions before entering into or re-entering into any contractual agreement with the division for the provision of services pursuant to section 7 of this act:

     (1) Meet the definition established in section 2 of this act for community partnership organizations;

     (2) Be in existence for a period of at least one year before they are eligible for the program;

     (3) Demonstrate to the division, through a written report, the services that are to be provided;

     (4) Allow audits of benefits distributed pursuant to sections 4 and 5 of this act;

     (5) Agree that the community partnership organization will not discriminate on the basis of race, religion, or national origin; and

     (6) Establish and maintain a system for addressing the grievances of those qualified individuals affected by the contract with the division.

     Section 12. Community partnership organizations may actively seek private donations to support and supplement a community partnership program. Any citizen of Missouri may claim a tax credit if provided for by an appropriation by the general assembly; however, the amount appropriated for the tax credit, if any, shall not be less than the savings realized by the division as a result of the program established by this act.

     Section 13. The "Community Partnership Program Fund" is hereby created in the state treasury to support the provisions of sections 1 to 16 of this act. Moneys shall be appropriated to the fund to provide benefits to qualified individuals that are at least equal to the benefits that such individuals would otherwise receive plus an amount at least equal to ten percent of the total amount transferred or the amount of savings resulting from implementation of the program. Moneys in the community partnership program fund that are not required to meet or augment the community partnership program funding requirements of the state in any fiscal year shall be invested by the state treasurer in the same manner as other surplus funds are invested. Interest, dividends and moneys earned on such investments shall be credited to the community partnership program fund. Such fund may also receive gifts, grants, contributions, appropriations and funds or benefits from any other source or sources, and make investments of the unexpended balances thereof.

     Section 14. 1. There is hereby created the "Community Partnership Advisory Council" to make recommendations to the division on ways to improve and expand the program. The council shall be composed of seven members, consisting of the lieutenant governor, the director of social services, the director of family services, or their representatives, and four members of the public who are active participants in a community partnership organization. The four members of the public shall be appointed by the governor with the advice and consent of the senate, and no more than two shall be of the same political party. The chair of the council shall be the lieutenant governor. Council members appointed by the governor shall serve four-year terms or until their successor is duly appointed and qualified.

     2. The advisory council shall meet as necessary, but at least twice yearly, to review activities of the commission, present recommendations in writing to the governor and the general assembly as requested or as necessary to ensure adequate exchange of information, and meet within four weeks after the initial members have been appointed. Four of the members constitute a quorum and no action shall be taken without the concurrence of four of the members.

     Section 15. The division may promulgate rules and regulations necessary to carry out the provisions of this act pursuant to section 536.024, RSMo.

     Section 16. This act shall become effective when the state receives federal block grant funding which may be expended pursuant to this act or on the first day of the first calendar quarter after the director notifies the revisor of statutes that a waiver has been approved."; and

     Further amend the title and enacting clause accordingly.

     Senator Ehlmann moved that the above amendment be adopted.

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

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

     Senator Ehlmann offered SA 6:

     Amend House Bill No. 1055, Page 1, Section 208.010, Line 1, by inserting immediately before said line, the following:

     "191.809. The provisions of section 191.807, RSMo, authorizing the "Special Supplemental Food Program for Women, Infants and Children" ("WIC") in Missouri, as authorized by the federal Child Nutrition Act of 1966, as amended, Section 17, Public Law 92-433, shall expire on September 1, 1998.

205.959. The provisions of sections 205.960 to 205.965, RSMo, authorizing the Missouri "Food Stamps" program, as authorized by the federal Food Stamp Act of 1977, as amended, Public Law 95-113, and the Missouri "Commodity Supplemental Food Program", as authorized by the federal Agriculture and Consumer Protection Act of 1973, Sections 4(a) and 5, as amended, Public Law 93-86, shall expire on September 1, 1998."; and

     Further amend said bill, page 5, section 208.010, line 154, by inserting immediately after said line, the following:

     "208.016. The provisions of section 208.010, RSMo, and section 208.015, RSMo, authorizing the "General Relief" program, shall expire on September 1, 1996.

208.038. The provisions of section 208.040, RSMo, and section 208.041, RSMo, authorizing the Missouri "Aid to Families with Dependent Children" program ("AFDC"), as authorized by the federal Social Security Act, as amended, Title I, Title IV, Part A, Title X, Title XIV, Title XVI (AABD), Title II, Public Laws 97-35, 97-248, 97-300, 98-369 and 100-485, shall expire on July 1, 1998.

208.427. The provisions of sections 208.400 to 208.425, RSMo, authorizing the "Job Opportunities and Basic Skills Training" program ("JOBS" or "FUTURES"), shall expire on September 1, 1997.

208.515. The department of social services' authority to accept those payments for child care assistance authorized by the federal Child Care and Development Block Grant Act of 1990 and the Omnibus Budget Reconciliation Act of 1990, Section 5082, Public Law 101-508, as amended, shall expire on July 1, 1999.

208.516. The department of social services' authority to accept those social services block grants authorized by the federal Social Security Act, Title XX, as amended, shall expire on July 1, 1999.

620.038. The provisions of section 620.1037, RSMo, authorizing the "Twenty-first Century Communities Demonstration Project", shall expire on July 1, 1997."; and

     Further amend the title and enacting clause accordingly.

     Senator Ehlmann moved that the above amendment be adopted.

     Senator Maxwell raised the point of order that SA 6 is out of order in that the amendment goes beyond the purpose and scope of the bill.

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

     At the request of Senator Ehlmann, SA 6 was withdrawn, rendering the point of order moot.

     Senator Quick resumed the Chair.

     Senator Flotron offered SA 7:

     Amend House Bill No. 1055, Page 5, Section 208.010, Line 154 by inserting immediately after said line, the following:

     "208.314. 1. Sections 208.314 to 208.318 shall be known as the "Missouri Option Program".

     2. As used in sections 208.314 to 208.318 the following terms mean:

     (1) "Department", the department of social services;

     (2) "Division", the division of family services;

     (3) "Missouri option program", a comprehensive welfare payment system that provides incentive for recipients to seek and retain employment. The Missouri option program would not disqualify a recipient from receiving assistance until such time as the recipient's total income is equal to the total monetary value of the benefit packages that individual is currently receiving. However, any recipient who leaves the program within the first six months of the program shall have their AFDC, food stamp and medicaid benefits recalculated for the household without considering the needs of the caretaker recipient. The suspension of caretaker benefits shall be imposed until the caretaker becomes employed. The Missouri option program shall be formulated in the following model:

     (a) A determination of the cash value of each recipient's families total benefit package currently being provided by state and federal public assistance programs. The total benefit package shall include but not be limited to: AFDC, food stamps, Medicaid insurance and child care. This is the base amount a recipient would have to earn in order to be provided with an economic incentive to remain out of the public assistance programs; and

     (b) From this base the division shall formulate a payment system for welfare benefits which will continually offer an economic incentive for qualified individuals to earn an income, keep a percentage of this income and eventually end the need for public assistance. The payment system shall allow qualified individuals to keep a percentage of their earned private income with the remainder going to the state through a reduction in benefits;

     (4) "Recipient", any individual who receives a cash payment benefit for aid to families with dependent children as defined in sections 208.040, 208.041, 208.042, 208.043, 208.044, 208.047, RSMo and any individual who qualifies to receive medical assistance under section 208.151, RSMo and who are work eligible as defined in section 208.042.

     208.318. 1. Beginning July 1, 1997, the division shall establish the Missouri option program. This program shall be established in at least one county in the northwest, northeast, southwest and southeast quadrants of the state and may be established in more areas as determined by the division.

     2. The division shall enroll qualified individuals who apply for the program in the Missouri option program. The division may target AFDC households which meet at least one of the following criteria:

     (1) Are participating in the FUTURES program; or

     (2) Are parents whose oldest child is ten years of age, or less; and

     (3) Anyone else who applies to the program.

     3. Upon enrollment in the Missouri option program, a household shall receive an initial assessment of the family's total benefit package. Each household shall be reviewed at least annually.

     4. Subject to appropriations and necessary waivers, the department may disregard a recipient's gross earned income for job-related income for the first six months of participation in the program. Upon the completion of six months employment, the division will begin to charge the recipient a percentage of their private income in exchange for the entire benefit package. The total benefits would remain the same until the point at which a recipient earns an amount equal to the entire benefits package, however as the recipient's income grows they would be charged a greater percentage of the cost for the total benefit package.

     5. Leaving the Missouri option program, within the first six months, shall result in a recalculation of the AFDC, food stamp and medicaid benefits for the household without considering the needs of the caretaker recipient. The suspension of caretaker benefits shall be imposed until the caretaker becomes employed. A recipient who has left the program after the first six months shall not be eligible to rejoin the program at a later date.

     6. The division must give preference to a person enrolled in the Missouri option program and that are otherwise eligible to receive for assistance to day care services.

     7. By January 1, 2000 the division shall submit documentation to the speaker of the house of representatives and the president pro tem of the senate on the success or failure of the Missouri option program. The general assembly may recommend statewide implementation or cancellation of the Missouri option program based on the success or failure of the program established in sections 208.314 to 208.318."; and

     Further amend the title and enacting clause accordingly.

     Senator Flotron moved that the above amendment be adopted.

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

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

     SA 7 was again taken up.

     Senator Flotron moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Kinder, Melton, Mueller and Westfall.

     SA 7 failed of adoption by the following vote:

	Yeas--Senators
Bentley	Curls	Ehlmann	Flotron
Graves	House	Kenney	Kinder
Klarich	Melton	Mueller	Rohrbach
Russell	Singleton	Treppler	Westfall--16
	Nays--Senators
Banks	Caskey	Clay	DePasco
Goode	Howard	Johnson	Lybyer
Mathewson	Maxwell	McKenna	Moseley
Quick	Schneider	Scott	Wiggins--16
	Absent--Senators
Sims	Staples--2
	Absent with leave--Senators--None

     Senator Ehlmann offered SA 8:

Amend House Bill No. 1055, Page 1, Section 208.010, Line 1, by inserting immediately before said line, the following:

     "191.809. No one shall be eligible under the provisions of section 191.807, RSMo, authorizing the "Special Supplemental Food Program for Women, Infants and Children" ("WIC") in Missouri, as authorized by the federal Child Nutrition Act of 1966, as amended, Section 17, Public Law 92-433, after September 1, 1998.

205.959. No one shall be eligible under the provisions of sections 205.960 to 205.965, RSMo, authorizing the Missouri "Food Stamps" program, as authorized by the federal Food Stamp Act of 1977, as amended, Public Law 95-113, and the Missouri "Commodity Supplemental Food Program", as authorized by the federal Agriculture and Consumer Protection Act of 1973, Sections 4(a) and 5, as amended, Public Law 93-86, after September 1, 1998."; and

     Further amend said bill, page 5, section 208.010, line 154, by inserting immediately after said line, the following:

     "208.016. No one shall be eligible under the provisions of section 208.010, RSMo, and section 208.015, RSMo, authorizing the "General Relief" program, shall expire on September 1, 1998.

208.038. No one shall be eligible under the provisions of section 208.040, RSMo, and section 208.041, RSMo, authorizing the Missouri "Aid to Families with Dependent Children" program ("AFDC"), as authorized by the federal Social Security Act, as amended, Title I, Title IV, Part A, Title X, Title XIV, Title XVI (AABD), Title II, Public Laws 97-35, 97-248, 97-300, 98-369 and 100-485, after July 1, 1998.

208.427. No one shall be eligible under the provisions of sections 208.400 to 208.425, RSMo, authorizing the "Job Opportunities and Basic Skills Training" program ("JOBS" or "FUTURES"), after September 1, 1997.

208.515. No one shall be eligible under the department of social services' authority to accept those payments for child care assistance authorized by the federal Child Care and Development Block Grant Act of 1990 and the Omnibus Budget Reconciliation Act of 1990, Section 5082, Public Law 101-508, as amended, after July 1, 1999.

208.516. No one shall be eligible for the department of social services' authority to accept those social services block grants authorized by the federal Social Security Act, Title XX, as amended, after July 1, 1999.

620.038. No one shall be eligible for the provisions of section 620.1037, RSMo, authorizing the "Twenty-first Century Communities Demonstration Project", after July 1, 1997."; and

     Further amend the title and enacting clause accordingly.

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

     President Pro Tem Mathewson resumed the Chair.

     Senator Rohrbach offered SA 9:

     Amend House Bill No. 1055, Page 4, Section 208.010, Lines 91-98, by deleting all of said lines; and

     Further amend said bill, page and section, line 107, by deleting on said line the words "one thousand five hundred" and inserting in lieu thereof the words "four thousand three hundred"; and

     Further amend said bill, page and section, lines 110 and 111, by deleting on said lines the words "one thousand five hundred" and inserting in lieu thereof the words "four thousand three hundred".

     Senator Rohrbach moved that the above amendment be adopted.

     Senator Caskey requested a roll call vote be taken and was joined in his request by Senators Howard, Kenney, Mueller and Quick.

     SA 9 failed of adoption by the following vote:

	Yeas--Senators
Ehlmann	Flotron	Graves	Howard
Kinder	Klarich	Rohrbach	Sims
Singleton	Treppler--10
	Nays--Senators
Banks	Caskey	Clay	Curls
DePasco	Goode	House	Johnson
Kenney	Lybyer	Mathewson	Maxwell
Melton	Moseley	Mueller	Quick
Russell	Schneider	Scott	Staples
Westfall	Wiggins--22
	Absent--Senators
Bentley	McKenna--2
	Absent with leave--Senators--None

     Senator Schneider offered SA 10:

     Amend House Bill No. 1055, Page 4, Section 208.010, Lines 91-98, by deleting all of said lines; and

     Further amend said bill, page and section, line 107, by deleting on said line the words "one thousand five hundred" and inserting in lieu thereof the words "five thousand"; and

     Further amend said bill, page and section, lines 110 and 111, by deleting on said lines the words "one thousand five hundred" and inserting in lieu thereof the words "five thousand".

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

     Senator Kinder offered SA 11:

     Amend House Bill No. 1055, Page 5, Section 208.010, Line 154, by inserting immediately after said line, the following:

     "208.517. 1. Subject to appropriation and receipt of waivers of requirements under federal law necessary to implement this program, the division of family services shall establish a Family Stability Demonstration Project within the St. Louis metropolitan statistical area as established by the 1990 federal decennial census, which will allow up to two hundred and fifty, two parent families to receive AFDC benefits they would be ineligible to receive because of their marital status.

     2. The cost of providing medical assistance to persons ineligible to receive medical assistance except for the family stability demonstration project shall be appropriated from the health initiatives fund.

     208.520. 1. Family stability demonstration project participants shall be selected from families meeting the following criteria and requirements:

     (1) Eligible families must volunteer and apply to participate in the family stability demonstration project;

     (2) Eligible families must have been eligible for and received AFDC in at least twelve of the thirty-six months preceding their application;

     (3) Eligible families must have or will become ineligible for AFDC benefits because of the caretaker parent's marriage to the parent of an eligible child;

     (4) The family stability demonstration project shall be available to qualifying applicants in each county within the St. Louis Metropolitan Statistical area;

     (5) The division of family services may establish additional eligibility criteria consistent with implementing the family stability demonstration project.

     2. Family stability demonstration project participants shall be subject to the following eligibility restrictions:

     (1) The parent marrying the caretaker parent shall not be eligible for benefits and those benefits based upon the number of family members shall not increase because that parent is part of the family;

     (2) Participating families may only participate in the family stability demonstration project for a period of two years, unless an extension is warranted by extraordinary circumstances.

     3. Family Stability Demonstration Project participants shall be eligible to receive the following benefits:

     (1) Minor children and other otherwise eligible persons shall not suffer penalty or disqualification because the family participates in the family stability demonstration project;

     (2) Both parents shall be eligible to participate in FUTURES and other applicable education, training and support programs;

     (3) Participating families may earn income up to one hundred percent of the federal poverty level.

     208.523. The division of family services shall conduct research to determine the relationship between the current eligibility requirements for AFDC and the limited number of two parent families qualifying for AFDC, and shall make an annual report before Thanksgiving to the governor and the general assembly relating to removing artificial barriers in public assistance programs which discourage marriage and family stability.

     208.525. The division of family services shall make all necessary applications and follow all procedures necessary to receive the waivers of requirements under federal law necessary to implement this program and shall promulgate the rules and regulations necessary to implement the family stability demonstration project pursuant to section 208.174 and chapter 536.

     Section B. The provisions of Sections 208.517, 208.520, 208.523 and 208.525 of this act shall expire on December 31, 1999."; and

     Further amend the title and enacting clause accordingly.

     Senator Kinder moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Ehlmann, House, Melton and Mueller.

     SA 11 was adopted by the following vote:

	Yeas--Senators
Bentley	Caskey	Curls	DePasco
Ehlmann	Flotron	Graves	House
Johnson	Kenney	Kinder	Klarich
Lybyer	Mathewson	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Sims	Singleton	Staples	Treppler
Westfall--25
	Nays--Senators
Banks	Clay	Goode	Howard
Maxwell	Schneider	Scott	Wiggins--8
	Absent--Senator McKenna--1
	Absent with leave--Senators--None

     On motion of Senator Maxwell, HB 1055, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Caskey	Clay	Curls
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Kinder	Klarich	Lybyer
Mathewson	Maxwell	McKenna	Melton
Moseley	Mueller	Quick	Rohrbach
Russell	Schneider	Scott	Sims
Singleton	Staples	Treppler	Westfall
Wiggins--33
	Nays--Senators--None
	Absent--Senator Bentley--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 Banks moved that motion lay on the table, which motion prevailed.

     Senator Wiggins moved that SB 752, SB 789, SB 843 and SB 847, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

     SCS for SBs 752, 789, 843 and 847, entitled:

     An Act to repeal sections 32.057, 135.010, 136.315, 143.451, 143.631, 143.751, 143.781, 143.811, 144.020, 144.027, 144.190, 147.040 RSMo 1994, and section 144.030, RSMo Supp. 1995, relating to taxation, and to enact in lieu thereof fifteen new section relating to the same subject, with an effective date for certain sections.

     Was taken up.

     Senator Wiggins moved that SCS for SBs 752, 789, 843 and 847 be adopted.

     Senator Caskey offered SS for SCS for SBs 752, 789, 843 and 847, entitled:

     An Act to repeal sections 32.057, 135.010, 136.315, 143.451, 143.631, 143.751, 143.781, 143.811, 144.020, 144.027, 144.190, 147.040, RSMo 1994, and section 144.030, RSMo Supp. 1995, relating to taxation, and to enact in lieu thereof sixteen new sections relating to the same subject, with an emergency clause for a certain section.

     Senator Caskey moved that SS for SCS for SBs 752, 789, 843 and 847 be adopted.

     Senator Caskey offered SS for SS for SCS for SBs 752, 789, 843 and 847, entitled:

     An Act to repeal sections 32.057, 135.010, 136.315, 143.124, 143.451, 143.631, 143.751, 143.781, 143.811, 144.020, 144.027, 144.190, 147.040, RSMo 1994, and section 144.030, RSMo Supp. 1995, relating to taxation, and to enact in lieu thereof seventeen new sections relating to the same subject, with an emergency clause for a certain section.

     Senator Caskey moved that SS for SS for SCS for SBs 752, 789, 843 and 847 be adopted.

     Senator Caskey offered SS for SS for SS for SCS for SBs 752, 789, 843 and 847, entitled:

     An Act to repeal sections 32.057, 135.010, 136.315, 143.124, 143.451, 143.631, 143.751, 143.781, 143.811, 144.020, 144.027, 144.190, 147.040, RSMo 1994, and section 144.030, RSMo Supp. 1995, relating to taxation, and to enact in lieu thereof seventeen new sections relating to the same subject, with an emergency clause for a certain section.

     Senator Caskey moved that SS for SS for SS for SCS for SBs 752, 789, 843 and 847 be adopted.

     Senator Quick resumed the Chair.

     President Pro Tem Mathewson resumed the Chair.

     At the request of Senator Wiggins, SB 752, SB 789, SB 843 and SB 847, with SCS, SS for SCS, SS for SS for SCS, and SS for SS for SS for SCS (pending), were placed on the Informal Calendar.

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

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Jack D. Atterberry, Democrat, 1632 Paddlewheel Circle, Jefferson City, Cole County, Missouri 65109, as a member of the Worker's Compensation Determination Review Board, for a term ending March 3, 1999, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Dr. Larry D. Dorrell, Democrat, 800 East Market, Warrensburg, Johnson County, Missouri 64093, as a member of the Missouri Community Service Commission, for a term ending December 15, 1998, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Donald L. Gann, 1881 Halifax Road, Holts Summit, Callaway County, Missouri 65043, as a member of the Missouri Head Injury Advisory Council for a term ending May 12, 1997, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Martha E. Hildebrandt, 7112 Boucher, Liberty, Clay County, Missouri 64068, as a member of the Well Installation Board, for a term ending February 24, 2000, and until her successor is duly appointed and qualified; vice, Verne Luther, term expired.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Gerald J. Kampeter, 225 Indian Meadow Drive, Jefferson City, Cole County, Missouri 65101, as a member of the Missouri Head Injury Advisory Council, for a term ending May 12, 1998, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Carolyn A. Landry, Democrat, 2725 Stonewall Station, St. Charles, St. Charles County, Missouri 63303, as a member of the Missouri Women's Council, for a term ending December 6, 1998, and until her successor is duly appointed and qualified; vice, Joan Ruff, term expired.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Jana L. Poteet, Republican, Route 9 Box 158, Poplar Bluff, Butler County, Missouri 63901, as a member of the State Lottery Commission, for a term ending September 7, 1996, and until her successor is duly appointed and qualified; vice, Judith Wangelin Scott, term expired.

     Also,

TO THE SENATE OF THE 88th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

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

     Fred R. Schoen, 1680 Highway H, Monett, Lawrence County, Missouri 65708, as a member of the Well Installation Board, for a term ending February 24, 2000, and until his successor is duly appointed and qualified; vice, reappointed to a full term.

     President Pro Tem Mathewson referred the above appointments to the Committee on Gubernatorial Appointments.

     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 SB 858.

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

     Amend Senate Bill No. 858, Page 1, In the Title, Line 4, by deleting the word "five" and inserting in lieu thereof the word "seven"; and

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

     Further amend said bill, Page 1, Section A, Line 3, by inserting after the number "191.653," the numbers "191.654, 191.655,"; and

     Further amend said bill, Page 4, Section 191.653, Line 20, by inserting after all of said line the following:

     "191.654. 1. Any person may petition the court to mandate HIV testing of an individual without the right of refusal, if the petitioner is able to show that there has been contact with the individual and that such contact has a medically recognized potential for transferring HIV.

     2. Venue is proper in the county in which either of the parties live or can be found.

     3. Upon petition the court shall determine by a preponderance of the evidence whether there are reasonable grounds to believe that there has been contact between the petitioner and the individual which has a medically recognized potential for transferring HIV. The court shall order the individual to undergo appropriate HIV testing by the department of health or a federally certified laboratory.

     4. The cost of the HIV testing required pursuant to this section shall be paid by the petitioner, unless the court orders otherwise.

     5. Notwithstanding any provision of the law to the contrary, results of the HIV testing done pursuant to this section shall be available only to the petitioner and the person tested.

     191.655. 1. Upon petition of the prosecuting attorney, if the court decides by a preponderance of the evidence that the commission of a crime put the victim at risk of being infected with the HIV virus, the court may order the accused to undergo HIV testing without right of refusal.

     2. Notwithstanding any provision of the law to the contrary, the victim shall be informed of the results of the test conducted pursuant to subsection 1 of this section.

     3. The provisions of section 191.656, shall apply to all tests provided by subsection 1 of this section and section 191.654 except as otherwise provided in section 191.654 or this section.".

     Amend House Amendment No. 2 to Senate Bill No. 858, Line 3, by adding after the word "prostitution" the following: "or solicitation of prostitution"; and

     Further amend said amendment at line 5, by inserting after the word "virus" the following: "prior to commission of the third offense".

     Amend Senate Bill No. 858, Page 7, Section 191.686, Line 15, by adding the following new section after said line:

     "Section 1. Any person who has been convicted for a third offense of prostitution pursuant to chapter 567, RSMo and who has tested positive for the HIV virus shall be guilty of class C felony.".

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 715, entitled:

     An Act to repeal section 226.445, RSMo 1994, relating to the Mississippi River Parkway Commission, and to enact in lieu thereof one new section relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SCS No. 2 for SB 860, entitled:

     An Act to repeal sections 169.035, 169.050, 169.440, 169.450, 169.475, 169.589 and 169.650, RSMo 1994, and sections 169.020, 169.055, 169.056, 169.057, 169.070, 169.075, 169.410, 169.560, 169.630, 169.655, 169.660, and 169.670, RSMo Supp. 1995, and both versions of section 169.570, RSMo Supp. 1995, as enacted during the first regular session of the eighty-eighth general assembly, relating to the public school retirement system, and to enact in lieu thereof twenty-three new sections relating to the same subject, with an effective date for certain sections and with an emergency clause for a certain section.

     Emergency clause adopted.

     With House Amendments Nos. 1 and 2.

     Amend House Committee Substitute for Senate Committee Substitute No. 2 for Senate Bill No. 860, Page 20, Section 169.440, Line 120, by inserting after all of said line the following:

     "13. Notwithstanding any other provision of sections 169.410 to 169.540 to the contrary, any member, who has withdrawn such member's contributions or had such contributions refunded pursuant to sections 169.410 to 169.540, who again becomes a member of the retirement system, may elect to reinstate any creditable service forfeited at time or times of any previous withdrawals or refunds. Such reinstatement shall be effected by the member paying to the retirement system with interest the amount of accumulated contributions withdrawn by such member or refunded to the member at the time or times of withdrawal or refund, and by teaching in the district for at least an additional seven years before such member retires.".

     Amend House Committee Substitute for Senate Committee Substitute No. 2 for Senate Bill No. 860, Page 1, In the Title, Line 7, by deleting the word "twenty-three" and inserting in lieu thereof the word "twenty-four"; and

     Further amend said bill, Page 1, Section A, Line 4, by deleting the word "twenty" and inserting in lieu thereof the word "twenty-one"; and

     Further amend said bill, Page 5, Section 169.035, Line 22, by inserting after all of said line the following:

     "169.054. Notwithstanding any provision of section 169.055 to the contrary, any member who is vested who had served in the armed forces of the United States at anytime prior to becoming a member, and who becomes employed in a position qualifying for membership in the retirement system after such member's discharge under honorable conditions may elect, prior to retirement, to purchase membership service for the entire period of service in the armed forces, but not to exceed five years.".

     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 conferees on SCS for HB 1097 be allowed to exceed the differences.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 578.

     With House Amendments Nos. 1 and 2.

     Amend Senate Bill No. 578, Page 2, Section 43.050, Line 24, by inserting immediately after said line the following:

     "650.050. 1. The Missouri department of public safety shall develop and establish a "DNA Profiling System", referred to in sections 650.050 to 650.057 as the system to support criminal justice services in the local communities throughout this state in DNA identification. This establishment shall be accomplished through consultation with the Kansas City, Missouri regional crime laboratory, Missouri state highway patrol crime laboratory, St. Louis, Missouri metropolitan crime laboratory, [and] St. Louis county crime laboratory, southeast Missouri regional crime laboratory, Springfield regional crime laboratory, and the Missouri Southern State College Police Academy Regional Crime Lab.

     2. The DNA profiling system as established in this section shall be compatible with that used by the Federal Bureau of Investigation to ensure that DNA records are fully exchangeable between DNA laboratories and that quality assurance standards issued by the director of the Federal Bureau of Investigations are applied and performed.

     [3. The department of public safety shall report on the system to the legislature not later than the fifteenth of January, 1992. This report shall include a timeline for implementing each stage, a local agency financial participation analysis, a system analysis and a full cost/purchase analysis.]

     650.052. 1. The state's DNA profiling system shall:

     (1) Assist federal, state and local criminal justice and law enforcement agencies in the putative identification, detection or exclusion of individuals who are subjects of the investigation or prosecution of violent or sex-related crime in which biological evidence is recovered from the crime scene; and

     (2) Support development of a population statistics database, when personal identifying information is removed; and

     (3) Support identification research and protocol development of forensic DNA analysis methods; and

     (4) For quality control purposes; or

     (5) Assist in the recovery or identification of human remains from mass disasters, or for other humanitarian purposes, including identification of living missing persons.

     2. The Missouri state highway patrol shall act as the central repository for the DNA profiling system and shall coordinate with the Federal Bureau of Investigation on the national database program.

     3. The Missouri state highway patrol may promulgate rules in accordance with Federal Bureau of Investigation recommendations for the form and manner of collection of blood or other scientifically accepted biological samples and other procedures for the operation of sections 650.050 to 650.057. 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 section 536.024, RSMo.

     4. The Missouri state highway patrol shall provide the necessary components for collection of the convicted offender's biological samples. The specimens shall thereafter be forwarded to the Missouri state highway patrol crime laboratory.

     5. The state's forensic DNA laboratories shall meet quality assurance standards specified by the Missouri state highway patrol and the Federal Bureau of Investigation to ensure quality DNA identification records submitted to the central repository.

     6. The state's forensic DNA laboratories may provide the system for identification purposes to criminal justice, law enforcement officials and prosecutors in the preparation and utilization of DNA evidence for presentation in court and provide expert testimony in court on DNA evidentiary issues.

     [650.053. The department of public safety, in consultation with Kansas City, Missouri regional crime laboratory, Missouri state highway patrol crime laboratory, St. Louis, Missouri metropolitan crime laboratory, Springfield regional crime laboratory and southeast Missouri regional crime laboratory, may:

     (1) Provide the system to law enforcement agencies throughout the state; and

     (2) Provide assistance to law enforcement officials and prosecutors in the preparation and utilization of DNA evidence for presentation in court; and

     (3) Provide expert testimony in court on DNA evidentiary issues.]

     650.055. 1. Every individual convicted in a Missouri circuit court of a felony, defined as a violent offense under chapter 565, RSMo, or as a sex offense under chapter 566, RSMo, excluding sections 566.010 and 566.020, RSMo, shall have a blood or scientifically accepted biological sample [drawn] collected for purposes of DNA profiling analysis:

     (1) Upon entering the department of correction's reception and diagnostic center(s); or

     (2) Before release from, [or transfer to, a state correctional institution,] county jail or detention facility. [Any blood sample taken shall be used solely for the purpose of providing DNA or other blood grouping lists for profiling analysis and prosecution of a violent offense or a sex offense.]; or

     (3) If such individual is under the jurisdiction of the department of corrections on or after the effective date of this section. Such jurisdiction includes persons currently incarcerated, persons on probation, as defined in 217.650, RSMo, and on parole, as also defined in 217.650.

     2. The Missouri state highway patrol and department of corrections shall be responsible for ensuring adherence to the law. Any person required to provide a DNA sample pursuant to this section shall be required to provide such sample, without the right of refusal, at a collection site designated by the Missouri state highway patrol and the department of corrections. Authorized personnel collecting or assisting in the collection of samples shall not be liable in any civil or criminal action when the act is performed in a reasonable manner. Such force may be used as necessary to the effectual carrying out and application of such processes and operations. The enforcement of these provisions by the authorities in charge of state correctional institutions and others having custody of those convicted of the felony which shall not be set aside or reversed, is hereby made mandatory.

     3. The procedure and rules for the collection, analysis, storage, expungement, use of DNA database records and privacy concerns shall not conflict with procedures and rules applicable to the Missouri DNA profiling system and the Federal Bureau of Investigation's DNA data bank system.

     4. Unauthorized uses or dissemination of individually identifiable DNA information in a database for purposes other than criminal justice for law enforcement is a class A misdemeanor.

     5. Implementation of section 650.050 and this section shall be subject to future appropriations to keep Missouri's DNA system compatible with the Federal Bureau of Investigation's DNA data bank system."; and

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

     Amend Senate Bill No. 578, by adding a new section to Page 2 as follows:

     "43.351. Notwithstanding the provisions of subsection 1 of section 43.025, RSMo, the Missouri state highway patrol is hereby authorized to establish a "Division of Gaming", provided that the Missouri state highway patrol has entered into an agreement with the Missouri gaming commission pursuant to subsection 9 of section 313.004, RSMo, to enforce the provisions of sections 313.005 to 313.080, RSMo, and sections 313.500 to 313.710, RSMo, and sections 313.800 to 313.850, RSMo.".

     In which the concurrence of the Senate is respectfully requested.

     Senator Bentley moved that the conferees on SCS for HB 1097 be allowed to exceed the differences, which motion prevailed.

     Senator Howard, Chairman of the Committee on Aging, Families and Mental Health, submitted the following report:

     Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HB 905, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1.

     Amend House Bill No. 905, Page 1, Section 617.001, Line 7, by striking "617.007" and inserting in lieu thereof the following: "617.009"; and

     Further amend said bill and section, page 2, line 13, by inserting immediately after "RSMo." the following: "All terms and conditions of employment in and employees of the division of aging shall be applicable to employment in and employees of the department of aging."; and

     Further amend said bill, page 2, section 617.007, line 4, by striking the word "people" and inserting in lieu thereof the words "full-time employees".

     Senator Treppler offered Senate Resolution No. 1318, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Elmer W. Grateke, Mehlville, which was adopted.

     Senator Treppler offered Senate Resolution No. 1319, regarding Jack M. Jordan, Mehlville, which was adopted.

     Senator Mathewson offered Senate Resolution No. 1320, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Calvin H. Harms, Higginsville, which was adopted.

     Senator Johnson offered Senate Resolution No. 1321, regarding Jan Marriott, St. Joseph, which was adopted.

     On motion of Senator Banks, the Senate recessed until 8:00 p.m.

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

     Senator Goode moved that SB 713, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 713, entitled:

     An Act to repeal sections 58.451 and 58.720, RSMo 1994, relating to duties of coroners, and to enact two new sections relating to the same subject.

     Was taken up.

     Senator Goode moved that SCS for SB 713 be adopted, which motion prevailed.

     On motion of Senator Goode, SCS for SB 713 was declared perfected and ordered printed.

     Senator Sims moved that SB 549 be taken up for perfection, which motion prevailed.

     On motion of Senator Sims, SB 549 was declared perfected and ordered printed.

     Senator DePasco moved that SB 787, with SCA 1, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

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

     On motion of Senator DePasco, SB 787, as amended, was declared perfected and ordered printed.

     Senator Curls moved that SB 805 be taken up for perfection, which motion prevailed.

     Senator Singleton offered SA 1, which was read:

     Amend Senate Bill No. 805, Page 3, Section 640.240, Line 41, by adding a period "." following the word "colleges" and further by deleting remaining line, including all of lines 42 and 43 to include "Harris Stowe University.".

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

     On motion of Senator Curls, SB 805, as amended, was declared perfected and ordered printed.

     At the request of Senator McKenna, SB 531, with SCS, was placed on the Informal Calendar.

     Senator Melton moved that SB 784, with SCA 1, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

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

     On motion of Senator Melton, SB 784, as amended, was declared perfected and ordered printed.

     At the request of Senator McKenna, SB 815 was placed on the Informal Calendar.

     Senator Russell moved that SB 585 be taken up for perfection, which motion prevailed.

     Senator Schneider offered SA 1:

     Amend Senate Bill No. 585, Page 1, Section 143.124, Line 1, by inserting immediately before said line the following:

     "143.111. The Missouri taxable income of a resident shall be his Missouri adjusted gross income less:

     (1) either[:] the Missouri standard deduction or the Missouri itemized deduction[,];

     (2) the Missouri deduction for personal exemptions[,];

     (3) the Missouri deduction for dependency exemptions[,];

     (4) the deduction for federal income taxes provided in section 143.171; and

     (5) the deduction for tuition or attendance fees provided in section 143.122.

     143.122. In addition to the amounts to be subtracted from his federal adjusted gross income to determine his Missouri adjusted gross income under the provisions of section 143.121, there shall be subtracted the amount the taxpayer has paid to others for each dependent in grades nine through twelve, for tuition or attendance fees for or on behalf of each dependent in attending a secondary school situated in Missouri, wherein a resident of this state may legally fulfill the state's compulsory attendance laws, up to a maximum of two thousand dollars for each dependent."; and

     Further amend the title and enacting clause accordingly.

     Senator Schneider moved that the above amendment be adopted.

     At the request of Senator Russell, SB 585, with SA 1 (pending), was placed on the Informal Calendar.

     Senator Singleton moved that SB 514, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 514, entitled:

     An Act to amend chapter 577, RSMo, relating to public safety offenses, by adding thereto one new section relating to leaving the scene of an accidental shooting, with penalty provisions.

     Was taken up.

     Senator Singleton moved that SCS for SB 514 be adopted, which motion prevailed.

     On motion of Senator Singleton, SCS for SB 514 was declared perfected and ordered printed.

     At the request of Senator McKenna, SB 814, with SCS, was placed on the Informal Calendar.

     SB 641, with SCS, was placed on the Informal Calendar.

     SJR 30, with SCS, was placed on the Informal Calendar.

     Senator Lybyer moved that SB 505 be taken up for perfection, which motion prevailed.

     Senator Lybyer offered SA 1, which was read:

     Amend Senate Bill No. 505, Page 2, Section 67.641, Line 34, by striking all of said line after the word "facility"; and further amend line 35, by striking all of said line through the word "facility,".

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

     Senator Wiggins resumed the Chair.

     On motion of Senator Lybyer, SB 505, as amended, was declared perfected and ordered printed.

     At the request of Senator Rohrbach, SB 949 was placed on the Informal Calendar.

     Senator McKenna moved that SJR 36 be taken up for perfection, which motion prevailed.

     Senator Howard offered SA 1:

     Amend Senate Joint Resolution No. 36, Page 1, Section 47(a), Lines 3-4, by striking the opening and closing brackets; and further amend said bill and said section, page 2, lines 6-7, by striking the opening and closing brackets on line 6 and the bold-faced print on lines 6-7; and further amend said bill, lines 8-11, by striking the opening and closing brackets on lines 8 and 9 and all the bold-faced print only on lines 9-11; and further amend said bill, pages 2-3, section 47(b), lines 1 and 8, by striking the opening and closing brackets; and further amend said section, pages 3-4, lines 8-45, by striking all bold-faced print on said lines; and further amend said bill, sections 47(d) and 47(e), pages 4-7, by striking all of said sections; and further amend the title and enacting clause accordingly.

     Senator Howard moved that the above amendment be adopted.

     Senator Treppler offered SSA 1 for SA 1:

     Amend Senate Joint Resolution No. 36, Page 5, Section 47(d), Line 21, by inserting after said word "whole;" the following: "or to special districts as established pursuant to the provisions of article VI, section 30, Missouri Constitution;".

     Senator Treppler moved that the above substitute amendment be adopted.

     At the request of Senator McKenna, SJR 36, with SA 1 and SSA 1 for SA 1 (pending), was placed on the Informal Calendar.

     Senator Singleton moved that SB 515 and SB 584, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SBs 515 and 584, entitled:

     An Act to repeal sections 58.451, 58.720, 194.220 and 194.233, RSMo 1994, and section 194.240, RSMo Supp. 1995, relating to anatomical gifts, and to enact in lieu thereof five new sections relating to the same subject.

     Was taken up.

     Senator Singleton moved that SCS for SBs 515 and 584 be adopted, which motion prevailed.

     Senator Howard assumed the Chair.

     On motion of Senator Singleton, SCS for SBs 515 and 584 was declared perfected and ordered printed.

     SB 705, with SCS, was placed on the Informal Calendar.

     Senator Kinder moved that SB 675, with SCS, be taken up for perfection, which motion prevailed.

     Senator Wiggins resumed the Chair.

     SCS for SB 675, entitled:

     An Act to repeal sections 571.020, 571.070 and 571.090, RSMo 1994, and section 571.030, RSMo Supp. 1995, relating to certain weapons offenses, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions.

     Was taken up.

     Senator Kinder moved that SCS for SB 675 be adopted.

     At the request of Senator Kinder, SB 675, with SCS (pending), was placed on the Informal Calendar.

     Senator Johnson moved that SB 810, with SCA 1, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

     Senator Johnson moved that the above amendment be adopted.

     Senator McKenna offered SSA 1 for SCA 1:

     Amend Senate Bill No. 810, Page 1,     Section 226.030, Line 2, by changing the number "eight" to "ten" and further amend said bill, line 7, by striking the word "geographic"; and further amend said bill, lines 8 through 18, by deleting said lines; and further amend said bill, by adding on line 8 the following: "one from each Congressional District and one at large Commissioner."; and further on page 2, line 25, by striking the word "two" and adding "four".

     Senator McKenna moved that the above substitute amendment be adopted.

     At the request of Senator Johnson, SB 810, with SCA 1 and SSA 1 for SCA 1 (pending), was placed on the Informal Calendar.

     At the request of Senator Johnson, SB 754, with SCS, was placed on the Informal Calendar.

     Senator Clay moved that SB 524, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SB 524, entitled:

     An Act to repeal sections 317.001, 317.006 and 317.011, RSMo 1994, relating to boxing and wrestling and to enact in lieu thereof seven new sections relating to the same subject.

     Was taken up.

     Senator Clay moved that SCS for SB 524 be adopted, which motion prevailed.

     On motion of Senator Clay, SCS for SB 524 was declared perfected and ordered printed.

     Senator Howard moved that SB 604, SB 666 and SB 816, with SCS, be taken up for perfection, which motion prevailed.

     SCS for SBs 604, 666 and 816, entitled:

     An Act to repeal sections 337.030, 337.045 and 337.505, RSMo 1994, and sections 337.020 and 337.050, RSMo Supp. 1995, relating to professional licensing of psychologists and professional counselors, and to enact one new section relating to the same subject.

     Was taken up.

     Senator Howard moved that SCS for SBs 604, 666 and 816 be adopted, which motion prevailed.

     On motion of Senator Howard, SCS for SBs 604, 666 and 816 was declared perfected and ordered printed.

     Senator Moseley moved that SB 804 be taken up for perfection, which motion prevailed.

     Senator Klarich offered SA 1:

     Amend Senate Bill No. 804, Page 26, Section 288.200, Line 36, by adding at the end thereof, the following:

     "3. Any party subject to any decision of an appeals tribunal shall be notified prior to such hearing that such determination of such hearing is presumptively conclusive pursuant to chapter 288.210 and has a right to counsel.".

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

     Senator Moseley offered SA 2:

     Amend Senate Bill No. 804, Page 1, In the Title, Line 4, by inserting after "288.030," the following: "288.032 and"; and further amend line 5, by striking the word "twelve" and inserting in lieu thereof the word "thirteen"; and

     Further amend said bill, page 1, section A, line 3, by inserting after "288.030," the following: "288.032 and"; and further amend line 3, by striking the word "twelve" and inserting the word "thirteen"; and further amend line 4, by inserting after "288.030," the following: "288.032,"; and

     Further amend said bill, page 5, section 288.030, line 129, by inserting immediately after said line the following:

     "288.032. 1. After December 31, 1977, "employer" means:

     (1) Any employing unit which in any calendar quarter in either the current or preceding calendar year paid for service in employment wages of one thousand five hundred dollars or more except that for the purposes of this definition, wages paid for "agricultural labor" as defined in paragraph (a) of subdivision (1) of subsection 12 of section 288.034 and for "domestic services" as defined in subdivisions (2) and (12) of subsection 12 of section 288.034 shall not be considered;

     (2) Any employing unit which for some portion of a day in each of twenty different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, had in employment at least one individual (irrespective of whether the same individual was in employment in each such day); except that for the purposes of this definition, services performed in "agricultural labor" as defined in paragraph (a) of subdivision (1) of subsection 12 of section 288.034 and in "domestic services" as defined in subdivisions (2) and (12) of subsection 12 of section 288.034 shall not be considered;

     (3) Any governmental entity for which service in employment as defined in subsection 7 of section 288.034 is performed;

     (4) Any employing unit for which service in employment as defined in subsection 8 of section 288.034 is performed during the current or preceding calendar year;

     (5) Any employing unit for which service in employment as defined in paragraph (b) of subdivision (1) of subsection 12 of section 288.034 is performed during the current or preceding calendar year;

     (6) Any employing unit for which service in employment as defined in subsection 13 of section 288.034 is performed during the current or preceding calendar year;

     (7) Any individual, type of organization or employing unit which has [acquired substantially all of the business of an employer subject to this law] been determined to be a successor under section 288.110;

     (8) Any individual, type of organization or employing unit which has elected to become subject to this law pursuant to subdivision (1) of subsection 3 of section 288.080;

     (9) Any individual, type of organization or employing unit which, having become an employer, has not under section 288.080 ceased to be an employer;

     (10) Any employing unit subject to the Federal Unemployment Tax Act or which, as a condition for approval of this law for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required, pursuant to such act, to be an employer under this law.

     2. (1) Notwithstanding any other provisions of this law, any employer, individual, organization, partnership, corporation, other legal entity or employing unit that meets the definition of "lessor employing unit", as defined in subdivision (5) of this subsection, shall be liable for contributions on wages paid by the lessor employing unit to individuals performing services for client lessees of the lessor employing unit. Unless the lessor employing unit has timely complied with the provisions of subdivision (3) of this subsection, any employer, individual, organization, partnership, corporation, other legal entity or employing unit which is leasing individuals from any lessor employing unit shall be jointly and severally liable for any unpaid contributions, interest and penalties due under this law from any lessor employing unit attributable to wages for services performed for the client lessee entity by individuals leased to the client lessee entity, and the lessor employing unit shall keep separate records and submit separate quarterly contribution and wage reports for each of its client lessee entities. Delinquent contributions, interest and penalties shall be collected in accordance with the provisions of this chapter.

     (2) Notwithstanding the provisions of subdivision (1) of this subsection, any governmental entity or nonprofit organization that meets the definition of "lessor employing unit", as defined in subdivision (5) of this subsection, and has elected to become liable for payments in lieu of contributions as provided in subsection 3 of section 288.090, shall pay the division payments in lieu of contributions, interest, penalties and surcharges in accordance with section 288.090 on benefits paid to individuals performing services for the client lessees of the lessor employing unit. If the lessor employing unit has not timely complied with the provisions of subdivision (3) of this subsection, any client lessees with services attributable to and performed for the client lessees shall be jointly and severally liable for any unpaid payments in lieu of contributions, interest, penalties and surcharges due under this law. The lessor employing unit shall keep separate records and submit separate quarterly contribution and wage reports for each of its client lessees. Delinquent payments in lieu of contributions, interest, penalties and surcharges shall be collected in accordance with subsection 3 of section 288.090. The election to be liable for payments in lieu of contributions made by a governmental entity or nonprofit organization meeting the definition of "lessor employing unit", may be terminated by the division in accordance with subsection 3 of section 288.090.

     (3) In order to relieve a client lessees from joint and several liability and the separate reporting requirements imposed under this subsection, any lessor employing unit may post and maintain a surety bond issued by a corporate surety authorized to do business in Missouri in an amount equivalent to the contributions or payments in lieu of contributions for which the lessor employing unit was liable in the last calendar year in which he accrued contributions or payments in lieu of contributions, or one hundred thousand dollars, whichever amount is the greater, to ensure prompt payment of contributions or payments in lieu of contributions, interest, penalties and surcharges for which the lessor employing unit may be, or becomes, liable under this law. In lieu of a surety bond, the lessor employing unit may deposit in a depository designated by the director, securities with marketable value equivalent to the amount required for a surety bond. The securities so deposited shall include authorization to the director to sell any securities in an amount sufficient to pay any contributions or payments in lieu of contributions, interest, penalties and surcharges which the lessor employing unit fails to promptly pay when due. In lieu of a surety bond or securities as described in this subdivision, any lessor employing unit may provide the director with an irrevocable letter of credit, as defined in section 400.5-103, RSMo, issued by any state or federally chartered financial institution, in an amount equivalent to the amount required for a surety bond as described in this subdivision. In lieu of a surety bond, securities or an irrevocable letter of credit, a lessor employing unit may obtain a certificate of deposit issued by any state or federally chartered financial institution, in an amount equivalent to the amount required for a surety bond as described in this subdivision. The certificate of deposit shall be pledged to the director until release by the director. As used in this subdivision, the term "certificate of deposit" means a certificate representing any deposit of funds in a state or federally chartered financial institution for a specified period of time which earns interest at a fixed or variable rate, where such funds cannot be withdrawn prior to a specified time without forfeiture of some or all of the earned interest.

     (4) Any lessor employing unit which is currently engaged in the business of leasing individuals to client lessees shall comply with the provisions of subdivision (3) of this subsection by September 28, 1992. Lessor employing units not currently engaged in the business of leasing individuals to client lessees shall comply with subdivision (3) of this subsection before entering into a written lease agreements with client lessees.

     (5) As used in this subsection, the term "lessor employing unit" means an independently established business entity, governmental entity as defined in subsection 1 of section 288.030 or nonprofit organization as defined in subsection 3 of section 288.090 which, pursuant to a written lease agreement between the lessor employing unit and the client lessees, engages in the business of providing individuals to any other employer, individual, organization, partnership, corporation, other legal entity or employing unit referred to in this subsection as a client lessee.

     (6) The provisions of this subsection shall not be applicable to private employment agencies who provide their employees to employers on a temporary help basis provided the private employment agencies are liable as employers for the payment of contributions on wages paid to temporary workers so employed.

     3. After September 30, 1986, notwithstanding any provision of section 288.034, for the purpose of this law, in no event shall a for-hire motor carrier as regulated by the Missouri division of transportation or whose operations are confined to a commercial zone be determined to be the employer of a lessor as defined in section 288.030 or of a driver receiving remuneration from a lessor, provided, however, the term "for-hire motor carrier" shall in no event include an organization described in section 501(c)(3) of the Internal Revenue Code or any governmental entity.

     4. The owner or operator of a beauty salon or similar establishment shall not be determined to be the employer of a person who utilizes the facilities of the owner or operator but who receives neither salary, wages or other compensation from the owner or operator and who pays the owner or operator rent or other payments for the use of the facilities."; and

     Further amend said bill, page 18, section 288.110, line 61, by inserting immediately after the word "entity" the following: "of the predecessor,"; and further amend line 63, by striking "Ownership of the"; and further amend line 64, by striking all of said line; and further amend line 65, by striking "or interests."; and

     Further amend said bill and section, page 19, lines 67-68, by striking "(regardless of marital status)"; and further on line 68, by striking ", parent or parents" and inserting in lieu thereof the following: "or parent"; and further amend lines 90-91, by striking "or successors stand" and inserting in lieu thereof the following: "stands"; and further amend line 96, by striking "the business" and inserting in lieu thereof "any"; and further on said line, by striking the word "and" and inserting in lieu thereof "or" and further on lines 96-97, by striking the words "or assets"; and further on line 97, by striking the word "are" and inserting in lieu thereof the word "is"; and further on line 98, by striking ". The successor" and inserting in lieu thereof "and"; and

     Further amend said bill and section, page 20, line 102, by striking "business activity or assets" and inserting in lieu thereof: "asset or liability activity"; and further on line 108, by striking "if the proportionate share" and inserting in lieu thereof the following: "as provided for in this section."; and further amend lines 109-111, by striking all of said lines.

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

     President Pro Tem Mathewson resumed the Chair.

     On motion of Senator Moseley, SB 804, as amended, was declared perfected and ordered printed.

     Senator Caskey moved that SB 685 be taken up for perfection, which motion prevailed.

     On motion of Senator Caskey, SB 685 was declared perfected and ordered printed.

     Senator Schneider moved that SB 479, with SS and SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 1 was again taken up.

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

     Senator Mueller offered SA 2:

     Amend Senate Substitute for Senate Bill No. 479, Page 5, Section 537.610, Line 28, by deleting line 28 on said page and lines 1 through 10 on page 6.

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

     Senator Schneider moved that SS for SB 479, as amended, be adopted and requested a roll call vote be taken. He was joined in his request by Senators McKenna, Rohrbach, Singleton and Staples.

     SS for SB 479, as amended, failed of adoption by the following vote:

	Yeas--Senators
Banks	Caskey	Clay	Curls
Ehlmann	House	Howard	Klarich
Maxwell	McKenna	Schneider	Wiggins--12
	Nays--Senators
Bentley	DePasco	Flotron	Goode
Graves	Johnson	Kenney	Kinder
Lybyer	Mathewson	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Sims	Singleton	Staples	Treppler
Westfall--21
	Absent--Senators--None
	Absent with leave--Senator Scott--1

     SB 479 was again taken up.

     At the request of Senator Schneider, SB 479 was placed on the Informal Calendar.

     Senator Wiggins resumed the Chair.

     Senator Clay moved that SB 523 be taken up for perfection, which motion prevailed.

     On motion of Senator Clay, SB 523 was declared perfected and ordered printed.

     Senator Quick moved that SB 836, with SCAs 1 and 2, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

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

     SCA 2 was taken up.

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

     On motion of Senator Quick, SB 836, as amended, was declared perfected and ordered printed.

     SB 686, with SCA 1, was placed on the Informal Calendar.

     Senator Banks moved that SB 489, with SCA 1, be taken up for perfection, which motion prevailed.

     SCA 1 was taken up.

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

     Senator Graves offered SA 1:

     Amend Senate Bill No. 489, Page 3, Section 217.345, Line 74, by inserting immediately after said line, the following:

     "Section 1. 1. The court may order a child, who has been adjudicated for a nonviolent crime and who is age fourteen or older, to work for any employer at a rate of compensation not to exceed minimum wage, for a period of time necessary to make such restitution for the damage or loss caused by his offense.

     2. A child, age fourteen or older, who is ordered by the juvenile court to make restitution for the damage or loss caused by his offense pursuant to subsection 1 of this section shall not be considered an employee as defined in section 290.500, RSMo."; and

     Further amend the title and enacting clause accordingly.

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

     On motion of Senator Banks, SB 489, as amended, was declared perfected and ordered printed.

     Having voted on the prevailing side, Senator Mathewson moved that the vote by which SCR 28 failed of adoption be reconsidered, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Lybyer	Mathewson	Maxwell
McKenna	Melton	Moseley	Mueller
Quick	Rohrbach	Schneider	Staples
Treppler	Wiggins--26
	Nays--Senators
Kinder	Russell	Singleton	Westfall--4
	Absent--Senators
Curls	Klarich	Sims--3
	Absent with leave--Senators
Scott--1

     SCR 28 was again taken up.

     On motion of Senator Clay, SCR 28 was adopted by the following vote:

	Yeas--Senators
Banks	Bentley	Clay	Curls
DePasco	Ehlmann	Flotron	Goode
Graves	House	Johnson	Kenney
Klarich	Lybyer	Mathewson	Maxwell
McKenna	Melton	Moseley	Mueller
Quick	Rohrbach	Schneider	Treppler
Wiggins--25
	Nays--Senators
Caskey	Howard	Kinder	Russell
Singleton	Staples	Westfall--7
	Absent--Senator Sims--1
	Absent with leave--Senator Scott--1

     President Pro Tem Mathewson referred SS for SCS for SB 831 to the Committee on State Budget Control.

     Senator House introduced to the Senate, David Lloyd, Wentzville; Gary Maness, O'Fallon; Jane and Marvin Braungardt and Linda Harris, St. Charles; Larry DeMoss and Mike Blackwood, Warrenton; James Plymale, Troy; Larry McNeely and Peter Panitzke, St. Peters; and Linda and Steven Dressler and Kristin Roth, Jonesburg.

     Senator Russell introduced to the Senate, Kim Spangler, and her son, Joshua, Camdenton; and Joshua was made an honorary page.

     Senator Moseley introduced to the Senate, Monte Niven and a government class from Hickman High School, Columbia.

     Senator Schneider introduced to the Senate, sixty fifth grade students from Commons Lane Elementary School, Florissant; and Cage Bible, Tim Deppen, Tujuana Parks and Beth Scheiding were made honorary pages.

     Senator Ehlmann introduced to the Senate, the Physician of the Day, Dr. David Poggemeier, St. Charles.

     Senator Johnson introduced to the Senate, one hundred fourth grade students from China Elementary School, Park Hill; and Sarah Mundy, Abby Musfeldt, Jeff Norris and Neal Pittman were made honorary pages.

     Senator DePasco introduced to the Senate, Rona Schiefelbein and nine seventh grade students from Messiah Lutheran School, Independence; and Kelly Kruse and Scott Domsch were made honorary pages.

     Senator Westfall introduced to the Senate, fourth grade students from Truman Grade School, Nevada.

     Senator Kinder introduced to the Senate, seventh and eighth grade students from Altenburg Public Schools, Altenburg.

     On behalf of Senator Mathewson, the President introduced to the Senate, Lillie Gerald, Buckner.

     Senator Kenney introduced to the Senate, Vicky Stanton, Larry Dobson, and sixty fourth grade students from James Walker Elementary School, Blue Springs.

     Senator Kenney introduced to the Senate, Mrs. Petie Foster, Tracy Franke, and sixty fourth grade students from James Walker Elementary School, Blue Springs.

     Senator Wiggins introduced to the Senate, George Brett and Ed Malotsky, Kansas City.

     Senator Graves introduced to the Senate, his brother, Danny Graves, Tarkio; and Darren Furbeck, Dearborn.

     Senator Ehlmann introduced to the Senate, Joan Wagner and Girl Scout Troop 3345, St. Peters.

     On motion of Senator Banks, the Senate adjourned under the rules.