SENATE JOURNAL - SEVENTIETH DAY--THURSDAY, MAY 9, 1996

Journal of the Senate

SECOND REGULAR SESSION

SEVENTIETH DAY--THURSDAY, MAY 9, 1996

The Senate met pursuant to adjournment.

Senator Wiggins in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, few of us will ever be as good as our mothers thought or know as much as our children thought or be as important as we sometimes think we are. With Your help, we can be better than we have been. We pray that You will guide us to be better. 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:

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--30

Absent with leave--Senators--None

The Lieutenant Governor was present.

RESOLUTIONS

Senator House offered Senate Resolution No. 1386, regarding Delores Schaible, St. Charles, which was adopted.

Senator Maxwell offered Senate Resolution No. 1387, regarding the Seventy-fifth Anniversary of the St. Brendan School, Mexico, which was adopted.

Senator Johnson offered Senate Resolution No. 1388, regarding Coach Dennis Snethen, St. Joseph, which was adopted.

CONCURRENT RESOLUTIONS

Senator Mathewson moved that SCR 29 be taken up for adoption, which motion prevailed.

On motion of Senator Mathewson, SCR 29 was adopted by the following vote:

Yeas--Senators
Banks Caskey Clay DePasco
Ehlmann Goode Graves House
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senators
Bentley Curls Flotron Maxwell--4

Absent with leave--Senators--None

REPORTS OF STANDING COMMITTEES

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

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

Cheryl M. Wehmeyer Price, Roy C. Wilson, M.D. and Wanda T. Terrell, as members of the Missouri Head Injury Advisory Council;

Also,

William H. (Bill) Stuart, as a member of the State Board of Embalmers and Funeral Directors;

Also,

Douglas W. Burnett, as a member of the Consolidated Health Care Plan Board of Trustees;

Also,

William L. Farr, Jr., as Missouri State Fire Marshal;

Also,

Philip B. Sayer, Wildie L. Webster, Willard H. Halmich, Ray D. Jagger and Clint E. Mitchell, as members of the Missouri Fire Education Commission;

Also,

Jane B. Wyman, as a member of the Missouri Southern State College Board of Regents;

Also,

Russell E. Steele, as public member of the Missouri Motor Vehicle Commission;

Also,

Louis P. Hamilton and Consuelo "Connie" Washington, as members of the Tourism Commission;

Also,

Jana L. Poteet, as a member of the State Lottery Commission;

Also,

Daniel K. Behlmann, as a member of the Southwest Missouri State University Board of Regents;

Also,

Carolyn A. Landry, as a member of the Missouri Women's Council;

Also,

Reverend Nelson J. Parnell, as a member of the Commission on the Special Health, Psychological and Social Needs of Minority Older Individuals;

Also,

William C. Alumbaugh and Roxana Hauser, as members; and Sharon K. Spence, as secretary of the Jackson County Board of Election Commissioners;

Also,

Jeffrey J. Simon, as a member of the Kansas City Board of Police Commissioners;

Also,

Susan L. Constance, as a member of the Missouri Development Finance Board;

Also,

Brian J. Robb, D.O. and Laura Fitzmaurice-Amick, M.D., as members of the State Advisory Council on Emergency Medical Services;

Also,

Martha E. Hildebrandt and Fred R. Schoen, as members of the Well Installation Board;

Also,

Amy R. Hamilton and Donald Ray Loveland, as members of the State Soil and Water Districts Commission;

Also,

James W. Mitchell, as a member of the Board of Probation and Parole;

Also,

Robert L. Wolfson and Robert M. Clayton, II, as members of the Gaming Commission;

Also,

Dr. Debra A. Howenstine, Cynthia A. Rushefsky and Kathleen C. Bargeon, as members of the Child Abuse and Neglect Review Board;

Also,

Herbert W. Martin and Jack D. Atterberry, as members of the Worker's Compensation Determination Review Board;

Also,

Harold E. Richardson, as a member of the Advisory Council on Emergency Medical Services;

Also,

Dr. Larry D. Dorrell and Barbara A. Washington, as members of the Missouri Community Service Commission;

Also,

Ellen E. Dirnberger and Linda G. Arnold, as members of the Missouri Women's Council;

Also,

Loramel P. Shurtleff and Burton H. Shostak, as members of the Public Defender Commission.

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

Senator Mathewson moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

PRIVILEGED MOTIONS

Senator Mathewson moved that HB 937, with HPA 1 to SCA 1 be taken up for 3rd reading and final passage, which motion prevailed.

HPA 1 to SCA 1 was taken up.

Senator Mathewson moved that the above amendment be adopted, which motion prevailed 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 Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Treppler Westfall
Wiggins--33

Nays--Senators--None

Absent--Senator McKenna--1

Absent with leave--Senators--None

On motion of Senator Mathewson, HB 937, as amended by HPA 1 to SCA 1, 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 Mathewson, title to the bill was agreed to.

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

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

Senator Quick assumed the Chair.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SB 895, begs leave to report that it has examined the same and finds that the bill has been duly enrolled and that the printed copies furnished the Senators are correct.

HOUSE BILLS ON THIRD READING

Senator Staples moved that HCS for HB 991, with SCA 1 (pending) and SCAs 2, 3, and 4, be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SCA 1 was again taken up.

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

SCA 2 was taken up.

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

SCA 3 was taken up.

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

SCA 4 was taken up.

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

Senator Flotron offered SA 1:

SENATE AMENDMENT NO. 1

Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8, by inserting immediately after said line the following:

"301.140. 1. Upon the transfer of ownership of any motor vehicle or trailer, the certificate of registration and the right to use the number plates shall expire and the number plates shall be removed by the owner at the time of the transfer of possession, and it shall be unlawful for any person other than the person to whom such number plates were originally issued to have the same in his or her possession whether in use or not; except that the buyer of a motor vehicle or trailer who trades in a motor vehicle or trailer may attach the license plates from the traded-in motor vehicle or trailer to the newly purchased motor vehicle or trailer. The operation of a motor vehicle with such transferred plates shall be lawful for no more than thirty days.

2. In the case of a transfer of ownership the original owner may register another motor vehicle under the same number, upon the payment of a fee of two dollars, if the motor vehicle is of horsepower, gross weight or (in the case of a passenger-carrying commercial motor vehicle) seating capacity, not in excess of that originally registered. When such motor vehicle is of greater horsepower, gross weight or (in the case of a passenger-carrying commercial motor vehicle) seating capacity, for which a greater fee is prescribed, applicant shall pay a transfer fee of two dollars and a pro rata portion for the difference in fees. When such vehicle is of less horsepower, gross weight or (in case of a passenger-carrying commercial motor vehicle) seating capacity, for which a lesser fee is prescribed, applicant shall not be entitled to a refund.

3. Upon the sale of a motor vehicle or trailer by a dealer, a buyer who has made application for registration, by mail or otherwise, may operate the same for a period of fifteen days after taking possession thereof, if during such period the motor vehicle or trailer shall have attached thereto, in the manner required by section 301.130, number plates issued to the dealer. Upon application and presentation of satisfactory evidence that the buyer has applied for registration, a dealer may furnish such number plates to the buyer for such temporary use. In such event, the dealer shall require the buyer to deposit the sum of ten dollars and fifty cents to be returned to the buyer upon return of the number plates as a guarantee that said buyer will return to the dealer such number plates within fifteen days. The director shall issue a temporary permit or paper plate authorizing the operation of a motor vehicle or trailer by a buyer for not more than twenty days of the date of purchase.

4. The temporary permit or paper plate shall be made available by the director of revenue and may be purchased from the department of revenue upon proof of purchase of a motor vehicle or trailer for which the buyer has no registration plate available for transfer, or from a dealer upon purchase of a motor vehicle or trailer for which the buyer has no registration plate available for transfer. The director shall make temporary plates or permits available to registered dealers in this state in sets of ten plates or permits. The fee for the temporary permit or plate shall be seven dollars and fifty cents for each permit or plate issued. No dealer shall charge more than seven dollars and fifty cents for each permit issued. The permit or plate shall be valid for a period of twenty days from the date of issuance by the director of revenue to the purchaser of a motor vehicle or trailer, or from the date of sale of the motor vehicle or trailer by a dealer for which the purchaser obtains a permit or plate as set out above.

5. The permit or plate shall be issued on a form prescribed by the director and issued only for the applicant's use in the operation of the motor vehicle or trailer purchased to enable him to legally operate the vehicle while proper title and registration plate are being obtained, and shall be displayed on no other vehicle. [Commercial motor vehicles and trailers displaying a permit or paper plate issued under this section must be operated while empty except for its mounted equipment.] Permits or paper plates issued under this section shall not be transferable or renewable and shall not be valid upon issuance of proper registration plates for the motor vehicle or trailer. The director shall determine the size and numbering configuration, construction, and color of the permit and plate.

6. The dealer or authorized agent shall insert the date of issuance and expiration date, year, make, and manufacturer's number of vehicle on the paper plate or permit when issued to the buyer. The dealer shall also insert his dealer's number on the paper plate. Every dealer that issues a temporary permit or paper plate shall keep, for inspection of proper officers, a correct record of each permit or plate issued by him by recording the permit or plate number, buyer's name and address, year, make, manufacturer's number of vehicle on which the permit or plate is to be used, and the date of issuance."; and

Further amend the title and enacting clause accordingly.

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

Senator House offered SA 2:

SENATE AMENDMENT NO. 2

Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8, by inserting immediately following all of said line the following:

"226.955. 1. Any corridor map filed pursuant to sections 226.952 to 226.957 may be revised from time to time by filing with the same regulatory authorities and county recorders who received the prior corridor map, in the manner set forth in sections 226.952 to 226.957, certified copies of an amended corridor map indicating any changes to be made in the location of the highway corridor. In the event that the commission fails to initiate construction of the new or relocated highway which was to be located within the approved corridor within twelve years after the certified copy of the corridor map is filed under sections 226.952 to 226.957, the commission shall, in order to maintain the corridor, recertify such corridor in the manner prescribed in sections 226.950 to 226.957.

2. In order to enable the commission to acquire property to preserve a corridor for future highway construction under the provisions of sections 226.950 to 226.973, the commission shall not be required to file construction plans for the future highway with the county clerk's office as required by Missouri supreme court rule 86 or detail plans of the future highway construction with the county clerk as required by section 226.050, RSMo."; and

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

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

Senator Banks offered SA 3:

SENATE AMENDMENT NO. 3

Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8, by inserting immediately after said line, the following:

"227.022. The highways and transportation commission shall include the following streets of the city of St. Louis within the state highway system for the purposes of surface maintenance and repair only: Beginning at the city limits of St. Louis at Pine Lawn, thence in a southeasterly direction over what is known as Natural Bridge Avenue to Salisbury Street, thence in a northeasterly direction over what is known as Salisbury Street to Interstate 70. Beginning at the city limits of St. Louis at Wellston, thence in a southeasterly direction over what is known as Page Boulevard to Dr. Martin Luther King Drive, thence in a southeasterly direction over what is known as Dr. Martin Luther King Drive to Tucker Boulevard. Beginning at the east curb line of Tucker Boulevard, thence in a easterly direction over what is known as Cole Street to Interstate 70. Beginning at the city limits of St. Louis at Maplewood, thence in an easterly direction over what is known as Manchester Avenue to Chouteau Avenue, thence in an easterly direction over what is known as Chouteau Avenue to Tucker Boulevard. Beginning at the city limits of St. Louis at Shrewsbury, thence in a northeasterly direction over what is known as Chippewa Street to Marino Avenue. Beginning at the city limits of St. Louis at St. Louis County, thence in a northeasterly direction over what is known as Gravois Avenue to Tucker Boulevard. Beginning at the city limits of St. Louis at St. Louis County, thence in a northerly direction over what is known as Broadway to Seventh Boulevard, thence in a northerly direction over what is known as Seventh Boulevard to Park Avenue, thence in a northerly direction over what is known as Broadway to Riverview Boulevard. Beginning at the city limits of St. Louis at Wellston, thence in a southeasterly direction over what is known as Dr. Martin Luther King Drive to Page Boulevard. Beginning at Interstate 270 in the city of St. Louis, thence in a southerly direction over what is known as Riverview Drive to Riverview Boulevard, thence in a southerly direction over Riverview Boulevard to Interstate 70. Beginning at Gravois Avenue in the city of St. Louis, thence in a northerly direction over what is known as Kingshighway Boulevard to Interstate 70."; and

Further amend the title and enacting clause accordingly.

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

Senator Wiggins offered SA 4:

SENATE AMENDMENT NO. 4

Amend House Committee Substitute for House Bill No. 991, Page 9, Section 12, Line 10, by inserting immediately after said line, the following:

"Section 13. 1. Notwithstanding any other law to the contrary, the liability of any person owning or operating a special passenger train and any railroad corporation over whose tracks the special passenger train is operated, arising from a rail incident or accident occurring in the state and resulting from the operation of a special passenger train by the person or upon the person's tracks, shall not exceed ten million dollars for each claim, whether for compensatory or punitive damages.

2. This section shall not limit the liability of a person whose intentional misconduct causes a rail incident or accident.

3. The person operating a special passenger train shall maintain insurance coverage of not less than ten million dollars per occurrence with the person and the railroad corporation over whose tracks the special passenger train is operated, as named insureds. Such insurance shall not have a self-insured retention or deducible greater than one hundred thousand dollars. A person shall provide evidence of such coverage upon demand of the director of the department of insurance or by the railroad corporation over whose tracks the special passenger train is to be operated.

4. As used in this section, the following terms shall have the meanings given:

(1) "Person", an individual, partnership, corporation, association, institution, city, county or other political subdivision, authority, state agency or institution, or federal government agency or institution;

(2) "Railroad", a railroad as defined in section 386.020, RSMo;

(3) "Railroad corporation", a railroad corporation as defined in section 386.020, RSMo;

(4) "Special passenger train", a train which is engaged in the business of providing private or for-hire transportation of passengers at speeds which do not exceed thirty-five miles per hour over a railroad.

5. Nothing in this section shall be construed to require a railroad corporation to permit the operation of a special passenger train over its tracks."; and

Further amend the title and enacting clause accordingly.

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

Senator Johnson offered SA 5:

SENATE AMENDMENT NO. 5

Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8, by inserting immediately after said line the following:

"390.126. 1. No motor carrier shall operate any motor vehicle on any public highway in this state until after such carrier shall have filed with, and same has been approved by the division, a certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a liability insurance policy or bond in some reliable insurance company or association or other insurer satisfactory to the division and authorized to transact insurance business in this state, in such forms and upon such conditions as the division may deem necessary adequately to protect the interests of the public in the use of the public highways and with due regard to the number of persons and amount of property transported, which liability insurance shall bind the obligors thereunder to make compensation for injuries to persons and loss of or damage to property resulting from the negligent operation of such motor carrier; provided, that any motor carrier who shall furnish annually to the division, and at such other times as may be required, satisfactory proof and evidence of such carrier's financial ability to properly protect the interests of the public and pay compensation for injuries to persons and loss or damage to property, on account of or arising out of negligent operation of such carrier's business, shall not be required to furnish liability insurance policy or bond therefor.

2. No other or additional policies, bonds or licenses than those prescribed in this chapter shall be required of any motor carrier to which the provisions of this chapter apply by any city, town or other subdivision of the state[; provided, that] except as provided in this section. This section shall not be so construed as to interfere with the right of any county, city or other civil subdivision of the state, to levy and collect any property tax to which such motor carrier is liable under the general revenue laws of this state within such county, city or other civil subdivision wherein the property of such motor carrier may be subject to assessment and taxation.

3. Any city, county or airport authority, except a city not within a county or an airport authority associated with such city, may collect fees not to exceed seven dollars per trip from motor carriers engaged in commercial passenger operations upon the premises of any airport owned or operated by the city, county or airport authority. Nothing in chapter 390, RSMo, shall be construed to prevent the imposition and collection of such fees."; and

Further amend the title and enacting clause accordingly.

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

Senator Lybyer offered SA 6:

SENATE AMENDMENT NO. 6

Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8, by inserting immediately after said line, the following:

"226.200. 1. There is hereby created [and set up] a "State Highways and Transportation Department Fund" into which shall be paid or transferred all state revenue derived from highway users as an incident to their use or right to use the highways of the state, including all state license fees and taxes upon motor vehicles, trailers, and motor vehicle fuels, and upon, with respect to, or on the privilege of the manufacture, receipt, storage, distribution, sale or use thereof (excepting the sales tax on motor vehicles and trailers, and all property taxes), and all other revenue received or held for expenditure by or under the department of highways and transportation or the state highways and transportation commission, except:

(1) Money arising from the sale of bonds;

(2) Money received from the United States government; or

(3) Money received for some particular use or uses other than for the payment of principal and interest on outstanding state road bonds.

2. Subject to the limitations of subsections 3, 4 and 5 of this section, from said fund shall be paid or credited the cost:

(1) Of collection of all said state revenue derived from highway users as an incident to their use or right to use the highways of the state;

(2) Of maintaining the state highways and transportation commission;

(3) Of maintaining the state highways and transportation department;

(4) Of any workers' compensation for state highways and transportation department employees;

(5) Of the share of the highways and transportation department in any retirement program for state employees, only as may be provided by law; and

(6) Of administering and enforcing any state motor vehicle laws or traffic regulations.

3. For fiscal years prior to fiscal year 1993, the state highways and transportation department fund shall be reimbursed annually in an amount equal to the difference between the expenses incurred by state offices and departments for the purposes specified in sections 30(a) and 30(b) of article IV of the constitution and the total amount appropriated from the state highways and transportation department fund for fiscal year 1987 to such state offices and departments.

4. For fiscal year 1993, the state highways and transportation department fund shall be reimbursed on or before July 1, 1994, in an amount equal to the difference between the expenses incurred by state offices and departments during fiscal year 1993 for the purposes specified in sections 30(a) and 30(b) of article IV of the constitution and the total amount appropriated from the state highways and transportation department fund for fiscal year 1987 to such state offices and departments as adjusted under this subsection. For the purposes of calculating any reimbursement for fiscal year 1993, the total amount appropriated to such state offices and departments during fiscal year 1987 shall be increased or decreased by the percentage by which the total state revenues paid or transferred into the fund under subsection 1 of this section during fiscal year 1993 differs from the total state revenues paid or transferred into the fund during fiscal year 1992.

5. For fiscal year 1994 and for each fiscal year thereafter, the state highways and transportation department fund shall be reimbursed on or before the first day of the second succeeding fiscal year in an amount equal to the difference between the expenses incurred by state offices and departments during such fiscal year for the purposes specified in sections 30(a) and 30(b) of article IV of the constitution and the total amount appropriated from the state highways and transportation department fund for the preceding fiscal year to such state offices and departments as adjusted under this subsection. For the purposes of calculating any reimbursement under this subsection, the total amount appropriated to such state offices and departments during the previous fiscal year shall be increased or decreased by the percentage by which the total state revenues paid or transferred into the fund under subsection 1 of this section during such fiscal year exceeds the total state revenues paid or transferred into the fund during the preceding fiscal year.

6. The provisions of subsections 3, 4 and 5 of this section shall not apply to appropriations from the fund to the highways and transportation commission and department or to appropriations to the department of revenue for motor vehicle fuel tax refunds under chapter 142, RSMo, or to appropriations to the department of revenue for refunds or overpayments or erroneous payments from the state highways and transportation department fund.

7. All interest earned upon the state highways and transportation department fund [in excess of that amount which was earned by the state highways and transportation department fund in fiscal year 1991, which latter amount shall continue to be deposited in and to the credit of the general revenue fund,] shall be deposited in and to the credit of such fund and shall be included in the calculation of total state revenues under subsections 4 and 5 of this section.

8. Any balance remaining in said fund after payment of said costs shall be transferred to the state road bond and interest sinking fund.

9. Notwithstanding the provisions of subsection 2 of this section to the contrary, any funds raised as a result of increased taxation pursuant to sections 142.025 and 142.372, RSMo, after April 1, 1992, shall not be used for administrative purposes or administrative expenses of the highways and transportation department."; and

Further amend the title and enacting clause accordingly.

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

Senator McKenna offered SA 7:

SENATE AMENDMENT NO. 7

Amend House Committee Substitute for House Bill No. 991, Page 1, In the Title, Line 3, by deleting the word "sixteen" and inserting in lieu thereof the word "seventeen"; and

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

Further amend said bill, Page 1, Section A, Line 3, by adding the following: after "12", "13"; and

Further amend said bill, Page 9, Section 12, Line 10, by inserting immediately after said line the following:

"Section 13. 1. The department of highways and transportation shall not accept any bid for a public works project with an estimated cost in excess of one million dollars unless the department determines such bid is made by a contractor which satisfies the provisions of subsection 2 of this section.

2. The department of highways and transportation shall promulgate rules and regulations which determine a contractor's minimum qualifications necessary for the contractor's bid to be acceptable for a public works project in excess of one million dollars. The minimum qualifications shall determine the types of work and the maximum amount of work on which a contractor may submit a bid. The minimum qualifications shall be in regards to, but are not limited to, the following:

(1) The contractor's experience in performing the type of work project to be bid, including the construction experience of personnel necessary for the project;

(2) The contractor's ability to complete the work project to the satisfaction of the department and in a timely manner, including a listing of previous completed projects similar to the work project;

(3) An analysis of the contractor's most recent audited financial statement;

(4) The types of work the contractor is qualified to perform;

(5) The equipment the contractor has available for the project;

(6) The contractor's insurance coverage, including comprehensive general liability, worker's compensation and automobile coverages;

(7) The contractor's designation of a Missouri resident as its agent for the receipt of legal process; and

(8) The contractor's listing of all of its current projects in progress, including the value of the projects not yet completed and their completion dates.

3. Any contractor making a bid for a project with an estimated cost in excess of one million dollars shall provide information to the department necessary for a determination of minimum qualifications pursuant to subsection 2 of this section.

4. All information submitted by a contractor to the department relevant to a determination of minimum qualifications shall be confidential information as that term is defined pursuant to section 105.450, RSMo.

5. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.".

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

Senator Clay offered SA 8, which was read:

SENATE AMENDMENT NO. 8

Amend House Committee Substitute for House Bill No. 991, Page 2, Section 227.022, Line 12, by inserting after "70." the following: "Beginning in the City of Clayton at Interstate 170, thence in an easterly direction over what is known as Forest Park Parkway to Interstate 64.".

Senator Clay moved that the above amendment be adopted.

At the request of Senator Clay, SA 8 was withdrawn.

Senator Wiggins resumed the Chair.

Senator Ehlmann offered SA 9:

SENATE AMENDMENT NO. 9

Amend House Committee Substitute for House Bill No. 991, Page 1, In the Title, Line 2, by inserting immediately after "226.005," the following: "226.520,"; and further on lines 1-2, by striking the words "motor carriers" and inserting in lieu thereof the word "transportation"; and further on line 3, by striking the word "sixteen" and inserting in lieu thereof the word "seventeen"; and

Further amend said bill, page 1, section A, line 1, by inserting immediately after "226.005," the following: "226.520,"; and further on line 2, by striking the word "sixteen" and inserting in lieu thereof the word "seventeen"; and further on said line, by inserting immediately after "226.005," the following: "226.520,"; and

Further amend said bill, page 1, section 226.005, line 8, by inserting immediately after said line, the following:

"226.520. On and after March 30, 1972, no outdoor advertising shall be erected or maintained within six hundred sixty feet of the nearest edge of the right-of-way and visible from the main traveled way of any highway which is a part of the interstate or primary system in this state except the following:

(1) Directional and other official signs, including, but not limited to, signs pertaining to natural wonders, scenic and historical attractions, which are required or authorized by law, and which comply with regulations which shall be promulgated by department relative to their lighting, size, number, spacing and such other requirements as may be appropriate to implement sections 226.500 to 226.600, but such regulations shall not be inconsistent with, nor more restrictive than, such national standards as may be promulgated from time to time by the Secretary of the Department of Transportation of the United States, under subsection (c) of section 131 of Title 23 of the United States Code;

(2) Signs, displays, and devices advertising activities which are the primary activities conducted on the property upon which they are located, or services and products which are among the primary services and products therein provided;

(3) Outdoor advertising located in areas which are zoned industrial, commercial or the like as provided in sections 226.500 to 226.600 or under other authority of law;

(4) Outdoor advertising located in unzoned commercial or industrial areas as defined and determined pursuant to sections 226.500 to 226.600;

(5) Outdoor advertising for tourist oriented businesses, and scoreboards used in sporting events or other electronic signs with changeable messages which are not prohibited by federal regulations or local zoning ordinances. Outdoor advertising which is authorized by this subdivision (5) shall only be allowed to the extent that such outdoor advertising is not prohibited by Title 23, United States Code, section 131, as now or thereafter amended, and lawful regulations promulgated thereunder. The general assembly finds and declares it to be the policy of the state of Missouri that the tourism industry is of major and critical importance to the economic well-being of the state and that directional signs, displays and devices providing directional information about goods and services in the interest of the traveling public is essential to the economic welfare of the tourism industry. The general assembly further finds and declares that the removal of directional signs advertising tourist oriented businesses is harmful to the tourism industry in Missouri and that the removal of directional signs within or near areas of the state where there is high concentration of tourist oriented businesses would have a particularly harmful effect upon the economies within such areas. The state highways and transportation commission is authorized and directed to determine those specific areas of the state of Missouri in which there is high concentration of tourist oriented businesses, and within such areas, no directional signs, displays and devices which are lawfully erected, which are maintained in good repair, which provide directional information about goods and services in the interest of the traveling public, and which would otherwise be required to be removed because they are not allowed to be maintained under the provisions of sections 226.500 through 226.600 shall be required to be removed until such time as such removal has been finally ordered by the United States Secretary of Transportation;

(6) The provisions of this section shall not be construed to require removal of signs advertising churches or items of religious significance, items of native arts and crafts, woodworking in native products, or native items of artistic, historical, geologic significance, or hospitals or airports.".

Senator Ehlmann moved that the above amendment be adopted.

Senator Staples raised the point of order that SA 9 is out of order in that the amendment goes beyond the scope of the bill.

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

Senator Bentley offered SA 10:

SENATE AMENDMENT NO. 10

Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8, by inserting immediately after said line the following:

"226.525. The state highways and transportation commission is directed to erect within the right-of-way of all classes of highways within the state signs and notices pertaining to publicly and privately owned natural wonders and scenic and historical attractions under the following conditions:

(1) Such signs shall not violate any federal law, rule, or regulation affecting the allocation of federal funds to the state of Missouri or which violate any safety regulation formally promulgated by the state highways and transportation commission[.];

(2) Such official signs shall be limited in content to the name of the attraction and necessary travel information[.];

(3) Such signs shall be made available for any historical museum located within ten miles of a state or federal highway if such museum is open on a regular basis;

(4) The state highways and transportation commission shall determine those sites and attractions for which directional and other official signs may be erected as permitted by section 131 of Title 23, United States Code, which it deems of such importance as to justify such signing, using as a guide those publicly or privately owned natural wonders and scenic, historic, educational, cultural, or recreational sites which have been determined to be of general interest[.]; and

[(4)] (5) The state highways and transportation commission may require reimbursement for the cost of erection and maintenance of the official directional signs authorized hereunder when sites or attractions are privately owned by other than the state or political subdivisions. The state highways and transportation commission shall prescribe the size, number and locations of such signs based upon its determination of the travelers' need for directional information.

226.535. 1. Signs, displays, and devices giving specific information of interest to the traveling public shall be erected and maintained within the right-of-way in such areas, in an appropriate distance from interchanges on the interstate system as shall conform with the rules and regulations promulgated by the highway department. Such rules shall be consistent with national standards promulgated from time to time by the appropriate authority of the federal government, pursuant to Title 23, section 131, paragraph f, of the United States Code.

2. Any logo sign program providing business information for motorists which is operated by the highways and transportation commission shall provide signs displaying the following services:

(1) Gas;

(2) Food;

(3) Attractions;

(4) Lodging; and

(5) Camping;

subject to the requirements of federal law. The commission shall take any action necessary to establish signs displaying local attractions, including application with the Federal Highway Administration for an experimental sign program."; and

Further amend the title and enacting clause accordingly.

Senator Bentley moved that the above amendment be adopted.

Senator Klarich raised the point of order that SA 10 is out of order in that the amendment is outside the scope and purpose of the bill.

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

Senator Clay offered SA 11, which was read:

SENATE AMENDMENT NO. 11

Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8, by inserting after said line the following:

"227.023. The Highways and Transportation Commission shall include the following street within the state highway system for the purposes of surface maintenance and repair only: Beginning in the City of Clayton at Interstate 170, thence in an easterly direction over what is known as Forest Park Parkway to Interstate 64."; and

Further amend the title and enacting clause accordingly.

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

Senator Scott assumed the Chair.

Senator McKenna assumed the Chair.

Senator Flotron offered SA 12:

SENATE AMENDMENT NO. 12

Amend House Committee Substitute for House Bill No. 991, Page 9, Section 12, Line 10, by inserting immediately after said line the following:

"305.230. 1. The state highways and transportation commission shall administer an aeronautics program within this state. The state commission shall encourage, foster and participate with the political subdivisions of this state in the promotion and development of aeronautics. The state commission may provide financial assistance in the form of grants from funds appropriated for such purpose to any political subdivision of this state acting independently or jointly or to the owner or owners of any privately owned airport designated as a reliever by the Federal Aviation Administration for the planning, acquisition, construction, improvement or maintenance of airports, or for other aeronautical purposes.

2. Any political subdivision of this state or the owner or owners of any privately owned airport designated as a reliever by the Federal Aviation Administration receiving state funds for the purchase, construction, or improvement, except maintenance, of an airport shall agree before any funds are paid to it to control by ownership or lease the airport for a period equal to the useful life of the project as determined by the state commission following the last payment of state or federal funds to it. In the event an airport authority ceases to exist for any reason, this obligation shall be carried out by the governing body which created the authority.

3. Unless otherwise provided, grants to political subdivisions or to the owner or owners of any privately owned airport designated as a reliever by the Federal Aviation Administration shall be made from the aviation trust fund. The aviation trust fund is a revolving trust fund exempt from the provisions of section 33.080, RSMo, relating to the transfer of funds to the general revenue funds of the state by the state treasurer. All interest earned upon the balance in the aviation trust fund shall be deposited to the credit of the same fund.

4. The moneys in the aviation trust fund shall be administered by the state commission and, when appropriated, shall be used for the following purposes:

(1) As matching funds on an up to eighty percent state/twenty percent local basis, except in the case where federal funds are being matched, when the ratio of state and local funds used to match the federal funds shall be fifty percent state/fifty percent local:

(a) For preventive maintenance of runways, taxiways and aircraft parking areas, and for emergency repairs of the same;

(b) For the acquisition of land for the development and improvement of airports;

(c) For the earthwork and drainage necessary for the construction, reconstruction or repair of runways, taxiways, and aircraft parking areas;

(d) For the construction, or restoration of runways, taxiways, or aircraft parking areas;

(e) For the acquisition of land or easements necessary to satisfy Federal Aviation Administration safety requirements;

(f) For the identification, marking or removal of natural or manmade obstructions to airport control zone surfaces and safety areas;

(g) For the installation of runway, taxiway, boundary, ramp, or obstruction lights, together with any work directly related to the electrical equipment;

(h) For the erection of fencing on or around the perimeter of an airport;

(i) For purchase, installation or repair of air navigational and landing aid facilities and communication equipment;

(j) For engineering related to a project funded under the provisions of this section and technical studies or consultation related to aeronautics;

(k) For airport planning projects including master plans and site selection for development of new airports, for updating or establishing master plans and airport layout plans at existing airports;

(l) For the purchase, installation, or repair of safety equipment and such other capital improvements and equipment as may be required for the safe and efficient operation of the airport;

(2) As total funds, with no local match:

(a) For providing air markers, windsocks, and other items determined to be in the interest of the safety of the general flying public;

(b) For the printing and distribution of state aeronautical charts and state airport directories on an annual basis, and a newsletter on a quarterly basis or the publishing and distribution of any public interest information deemed necessary by the state commission;

(d) For the promotion of aerospace education.

5. The general assembly may appropriate to the aviation trust fund an amount not to exceed five million dollars in each fiscal year for the purposes of this section. If on January thirty-first of any year, the unobligated balance of the aviation trust fund exceeds five million dollars, no appropriation shall be made for the following fiscal year.

6. In the event of a natural or manmade disaster which closes any runway or renders inoperative any electronic or visual landing aid on an airport, any funds appropriated for the purpose of capital improvements or maintenance of airports may be made immediately available for necessary repairs once they are approved by the Missouri highway and transportation department. For projects designated as emergencies by the Missouri highway and transportation department, all requirements relating to normal procurement of engineering and construction services are waived."; and

Further amend the title and enacting clause accordingly.

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

Senator Flotron offered SA 13:

SENATE AMENDMENT NO. 13

Amend House Committee Substitute for House Bill No. 991, Page 9, Section 12, Line 10, by inserting immediately after said line, the following:

"Section 12. Any member of the Ancient Arabic Order, Nobles of the Mystic Shrine of North America (Shriners) living within the state of Missouri may receive special license plates as prescribed in this section after an annual payment of an emblem-use authorization fee to the Shrine temple to which the person is a member in good standing. The Shrine temple described in this section shall authorize the use of its official emblem to be affixed on multiyear personalized license plates as provided in this section. Any contribution to such Shrine temple derived from this section, except reasonable administrative costs, shall be contributed to the Shriners Hospitals for Crippled and Burned Children. Any member of such Shrine temple may annually apply to the temple for the use of the emblem.

2. Upon annual application and payment of a ten dollar emblem-use contribution to the Shrine temple, the temple shall issue to the vehicle owner, without further charge, an emblem-use authorization statement, which shall be presented by the member to the department of revenue at the time of registration of a motor vehicle. Upon presentation of the annual statement and payment of the fee required for personalized license plates in section 301.144, RSMo, and other fees and documents which may be required by law, the department of revenue shall issue a personalized license plate, which shall bear the emblem of the Shrine, to the vehicle owner.

3. The license plate authorized by this section shall be in a form as prescribed in section 301.129, RSMo, except that such license plates shall be made with fully reflective material with a common color scheme and design, shall be clearly visible at night, and shall be aesthetically attractive, as prescribed by section 301.130, RSMo.

4. A vehicle owner, who was previously issued a plate with the Shrine emblem authorized by this section but who does not provide an emblem-use authorization statement at a subsequent time of registration, shall be issued a new plate which does not bear the Shrine emblem, as otherwise provided by law. The director of revenue shall make necessary rules and regulations for the enforcement of this section, and shall design all necessary forms required by this section."; and

Further amend the title and enacting clause accordingly.

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

Senator Flotron offered SA 14:

SENATE AMENDMENT NO. 14

Amend House Committee Substitute for House Bill No. 991, Page 9, Section 12, Line 10, by inserting immediately after said line the following:

"Section 13. Any nonprofit organization connected with a global community project directed toward the year 2004 and designated by the governing body of a city not within a county or a county with a population of over nine hundred thousand may authorize the use of a "St. Louis 2004" official emblem described in this section to be affixed on personalized license plates as provided in this section. Any vehicle owner may annually apply to a designated nonprofit organization for the use of the emblem. Upon annual application and payment of a twenty-five dollar emblem-use contribution to any designated nonprofit organization, such nonprofit organization shall issue to the vehicle owner, without further charge, an "emblem-use authorization statement", which shall be presented by the vehicle owner to the department of revenue at the time of registration. Upon presentation of the emblem-use authorization statement and payment of the fee required for personalized license plates in section 301.144, and other fees and documents which may be required by law, the department of revenue shall issue a personalized license plate, which shall bear the "St. Louis 2004" emblem described in this section, to the vehicle owner. The emblem design shall be approved by the governing bodies of a city not within a county and any county with a population of over nine hundred thousand. Each such license plate shall be embossed with the words "ST. LOUIS 2004" at the bottom of the plate. The license plate authorized by this section shall be made with fully reflective material with a common color scheme and design approved by the advisory committee established in section 301.129. The plates shall be clearly visible at night and shall be aesthetically attractive, as prescribed by section 301.130. A vehicle owner, who was previously issued a plate with the emblem authorized by this section who does not provide an emblem-use authorization statement at a subsequent time of registration, shall be issued a new plate which does not bear the prescribed emblem, as otherwise provided by law. The director of revenue shall make necessary rules and regulations for the enforcement of this section and shall design all necessary forms. Any contribution to a designated nonprofit organization derived from this section may be used for any civic purpose deemed appropriate by the nonprofit organization."; and

Further amend the title and enacting clause accordingly.

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

Senator Singleton offered SA 15, which was read:

SENATE AMENDMENT NO. 15

Amend House Committee Substitute for House Bill No. 991, Page 9, Section 12, Line 10, by inserting after said line the following:

"Section 1. The portion of interstate highway 44 contained within a county of the first class having a population between ninety and one hundred thousand and bordering on the State of Kansas shall be designated as the "Congressman Gene Taylor Highway".".

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

On motion of Senator Staples, HCS for HB 991, 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 Klarich
Mathewson Maxwell McKenna Moseley
Mueller Quick Schneider Scott
Sims Staples Treppler Westfall
Wiggins--29

Nays--Senator Rohrbach--1

Absent--Senators
Lybyer Melton Russell Singleton--4

Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

Senator Johnson moved that HCS for HB 1099, with SCS, SA 2 and SSA 1 for SA 2 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SSA 1 for SA 2 was again taken up.

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

Senator Klarich offered SSA 2 for SA 2:

SENATE SUBSTITUTE AMENDMENT NO. 2 FOR SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1099, Page 21, Section 276.404, Line 2, by inserting immediately after said line, the following:

"(1) "Accredited Business Accountant", anyone who is accredited by the Accreditation Council for Accountancy, the educational credential area of the National Society of Public Accountants, or anyone who is enrolled to practice before the Internal Revenue Service;"; and

Further amend said section, by renumbering the remaining subdivisions accordingly; and

Further amend said bill, page 50, section 411.026, line 3, by inserting immediately after said line, the following:

Further amend said section, by renumbering the remaining subdivisions accordingly; and

Further amend said bill, page 27, Section 276.421, line 18, by deleting "or an independent accountant" and inserting in lieu thereof the following: "or an accredited business accountant"; and

Further amend said bill, page 60, Section 411.260, line 19 by inserting after the word "accountant", the following: "or an accredited business accountant".

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

SA 2 was again taken up.

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

Senator Johnson offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1099, Page 17, Section 266.200, Lines 53-58, by deleting all of said lines after "purchaser." on line 53.

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

Senator Melton offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1099, Page 18, Section 266.210, Lines 21-23, by deleting the following language: "If any prosecuting attorney refuses or fails to act on request of the director, the attorney general shall so act; however, no"; and substituting therefor the following: "The prosecuting attorney may refer the matter to the attorney general who shall act in the matter. No".

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

Senator Johnson moved that SCS for HCS for HB 1099, as amended, be adopted, which motion prevailed.

On motion of Senator Johnson, SCS for HCS for HB 1099, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Mathewson Maxwell
McKenna Melton Moseley Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senator Klarich--1

Absent--Senators
Curls Lybyer--2

Absent with leave--Senators--None

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

CONFERENCE COMMITTEE REPORTS

Senator Goode, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SS for SB 687, as amended, submitted the following conference committee report no. 4:

CONFERENCE COMMITTEE REPORT NO. 4

FOR HOUSE COMMITTEE SUBSTITUTE

FOR SENATE SUBSTITUTE FOR

SENATE BILL NO. 687

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Substitute for Senate Bill No. 687, as amended; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Committee Substitute for Senate Substitute for Senate Bill No. 687, as amended;

2. That the Senate recede from its position on Senate Substitute for Senate Bill No. 687;

3. That the attached Conference Committee Substitute No. 4 for House Committee Substitute for Senate Substitute for Senate Bill No. 687, be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Wayne Goode /s/ Sheila Lumpe

/s/ David Klarich /s/ Rita D. Days

/s/ Mike Lybyer /s/ Timothy P. Green

/s/ Betty Sims /s/ Pat Secrest

/s/ John D. Schneider /s/ Emmy McClelland

Senator Goode moved that the above conference committee report no. 4 be adopted, which motion prevailed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senators
Curls Lybyer--2

Absent with leave--Senators--None

On motion of Senator Goode, CCS No. 4 for HCS for SS for SB 687, entitled:

CONFERENCE COMMITTEE SUBSTITUTE NO. 4

FOR HOUSE COMMITTEE SUBSTITUTE FOR

SENATE SUBSTITUTE FOR

SENATE BILL NO. 687

An Act to repeal sections 162.855, 162.860, 162.865, 162.870 and 162.910, RSMo 1994, relating to special school districts, and to enact in lieu thereof eleven new sections relating to the same subject, with an emergency clause.

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

Yeas--Senators
Banks Bentley Caskey Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Scott Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senators
Curls Schneider--2

Absent with leave--Senators--None

The President declared the bill passed.

The emergency clause was adopted by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Rohrbach Russell
Schneider Scott Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senators
Curls Quick--2

Absent with leave--Senators--None

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

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

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

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred HCR 13, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Concurrent Resolution No. 13, Page 994, Senate Journal for May 7, 1996, Column 2, Lines 21-26 of such page, by striking all of said lines and inserting in lieu thereof the following: "Assembly, the Senate concurring therein, that a joint interim committee on the operation of the Metropolitan Sewer District be created to be composed of five members of the House, to be appointed by the Speaker of the House, and five members of the Senate, to be appointed by the President Pro Tem of the Senate, not more than three members from each house shall be residents of St. Louis County and not more than three members from each house shall be members of the same political party. Said committee shall".

On motion of Senator Banks, the Senate recessed for one hour.

RECESS

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

RESOLUTIONS

Senator Clay offered Senate Resolution No. 1389, regarding Norman J. Tice, St. Louis, which was adopted.

Senator Treppler offered Senate Resolution No. 1390, regarding Charles Matthew Amen, St. Louis County, which was adopted.

Senator Treppler offered Senate Resolution No. 1391, regarding Dr. Robert E. Rogers, which was adopted.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SS for SCS for SBs 795, 542 and 563, entitled:

An Act to repeal sections 137.073, 151.150, 163.011, 163.021, 163.031, 163.172, 164.073, 165.051, 168.500, 168.510, 168.515 and 168.520, RSMo 1994, and sections 163.025, 164.011 and 165.011, RSMo Supp. 1995, relating to state aid for public schools, and to enact in lieu thereof fifteen new sections relating to the same subject.

With House Amendment No. 1 to House Amendment No. 1, House Amendment No. 1, as amended, House Amendments Nos. 2 and 5, Part 2 of House Amendment No. 6, House Amendments Nos. 7 and 10.

HOUSE AMENDMENT NO. 1

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 795, 542 and 563, Page 30, Section 168.515, Line 101, by striking "under this section" and inserting in lieu thereof "pursuant to section 163.172, RSMo".

HOUSE AMENDMENT NO. 1 TO

HOUSE AMENDMENT NO. 1

Amend House Amendment No. 1 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 795, 542 and 563, Page 28, Section 168.515, Line 12, by inserting after all of said line the following: "All teachers within each stage within the same school district shall receive equal salary supplements."; and

Further amend said substitute, page 30, section 168.515, line 101, by inserting after all of said line the following:

"9. Beginning in the 1996-97 school year, for any teacher who participated in the career program in the 1995-96 school year, continues to participate in the program thereafter, and remains qualified to receive career pay pursuant to section 168.510, RSMo, the state's share of the teacher's salary supplement shall continue to be the percentage paid by the state in the 1995-96 school year, notwithstanding any provisions of subsection 4 of this section to the contrary, and the state shall continue to pay such percentage of the teacher's salary supplement until any of the following occurs:

(1) The teacher ceases his or her participation in the program: or

(2) The teacher suspends his or her participation in the program for any school year after the 1995-96 school year. If the teacher later resumes participation in the program, the state funding shall be subject to the provisions of subsection 4 of this section.".

HOUSE AMENDMENT NO. 2

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 795, 542 & 563, Page 19, Section 163.172, Line 45, by striking "three" and inserting in lieu thereof "two"; and

Further amend said substitute, page 19, section 163.172, line 46, by inserting after all of said line the following:

"8. For any school year in which a school district receives funds pursuant to subsections 6 and 7 of this section, such school district shall continue to expend on teacher salaries no less than the amount it expended on teacher salaries in the school year immediately prior to the school year in which it first receives such funds.

9. No school district receiving funds pursuant to subsections 6 and 7 of this section shall receive additional funds pursuant to subsection 6 of this section by virtue of the annexation of another school district to such school district during or after the school year immediately prior to the school year in which the annexing district first receives such funds; nor shall any school district annexed to a school district receiving funds pursuant to subsections 6 and 7 of this section also receive funds pursuant to subsection 6 of this section by virtue of such annexation if such annexation occurred during or after the school year immediately prior to the school year in which the annexing school district first receives such funds.".

HOUSE AMENDMENT NO. 5

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 795, 542 and 563, Page 13, Section 163.031, Line 15, by inserting after the word "tax" the following: ", except that any penalty paid after July 1, 1995, by a concentrated animal feeding operation as defined by the department of natural resources rule shall not be included".

PART 2 OF HOUSE AMENDMENT NO. 6

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 795, 542 and 563, Page 24, Section 165.016, Line 8, by inserting after the word "section" the following:

"; except that, for any school district experiencing, over a period of three consecutive years, an average yearly increase in average daily attendance of at least three percent, the base school year certificated salary percentage may be the two year average percentage of the last two years of such period of three consecutive years, at the discretion of the school district.".

HOUSE AMENDMENT NO. 7

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 795, 542 & 563, Page 24, Section 165.011, Line 127, by inserting immediately after the word "schools." the following: "A school district with a levy for school purposes no greater than the minimum levy specified in section 163.021, RSMo, and an obligation in the capital projects fund that satisfies at least one of the conditions specified in subsection 6 of this section, may transfer from the incidental fund to the capital projects fund the amount necessary to meet the obligation plus the transfers pursuant to subsection 4 of this section.".

HOUSE AMENDMENT NO. 10

Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 795, 542 and 563, Page 24, Section 165.016, Lines 8 through 10, by striking all of said lines and inserting in lieu thereof "under subsection 3 of this section."; and

Further amend said bill, page 25, section 165.016, line 43, by inserting after all of said line the following:

"7. The provisions of this section shall not apply to any district receiving state aid pursuant to subsection 6 of section 163.031, RSMo, based on its 1992-93 payment amount per eligible pupil, which is less than 50% of the statewide average payment amount per eligible pupil paid during the previous year.".

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for SB 914 and has taken up and passed HCS for SB 914 as amended by the Conference Committee Report.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SA 1, SA 2 to HS for HB 832 and request the Senate to recede from its position or, failing to do so, grant the House a conference.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted HPA 1 to SA 1 but refuses to concur in SA 1 as amended, SA 2, SA 3, SA 4 to HCS for HB 781 and request the Senate to recede from its position or failing to do so grant the House a conference.

HOUSE PERFECTING AMENDMENT NO. 1

Amend Senate Amendment No. 1 to House Committee Substitute for House Bill 781, published in the 5/6/96 Journal of the House, Page 20, Line 1, by deleting the word "means" and inserting in lieu thereof the word "meals".

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 777.

Bill ordered enrolled.

PRIVILEGED MOTIONS

Senator DePasco moved that the Senate refuse to recede from its position on SA 1 and SA 2 to HS for HB 832 and grant the House a conference thereon, which motion prevailed.

Senator Maxwell moved that SS for SCS for SBs 795, 542 and 563, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SS for SCS for SBs 795, 542 and 563, as amended, entitled:

Was taken up.

Senator Maxwell moved that HCS for SS for SCS for SBs 795, 542 and 563, as amended, be adopted, which motion prevailed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Schneider Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senator Russell--1

Absent--Senator Curls--1

Absent with leave--Senators
Scott--1

Senator Wiggins resumed the Chair.

Senator Johnson assumed the Chair.

President Pro Tem Mathewson assumed the Chair.

On motion of Senator Maxwell, HCS for SS for SCS for SBs 795, 542 and 563, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Schneider
Sims Singleton Staples Treppler
Westfall Wiggins--30

Nays--Senator Russell--1

Absent--Senators
Clay Lybyer--2

Absent with leave--Senator Scott--1

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.

Bill ordered enrolled.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and HB 1473, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

CONFERENCE COMMITTEE REPORTS

Senator Quick, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 676, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 676

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Committee Substitute for Senate Bill No. 676, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Committee Substitute for Senate Bill No. 676;

2. That the attached Conference Committee Amendment No. 1 to Senate Bill No. 676 be adopted;

3. That Senate Bill No. 676 with Conference Committee Amendment No. 1 be truly agreed and finally passed.

FOR THE SENATE: FOR THE HOUSE:

/s/ Ed Quick /s/ Phil Smith

/s/ Irene Treppler /s/ Jim Sears

/s/ Ronnie DePasco /s/ Joe Clay Crum

/s/ Marvin Singleton Carson Ross

/s/ Harold L. Caskey Fred Pouche

CONFERENCE COMMITTEE AMENDMENT NO. 1

Amend Senate Bill No. 676, Page 1, Section 96.196, Line 1, by inserting after the number "96.196." the number "1."; and

Further amend said bill, Page 1, Section 96.196, Line 8, by inserting after all of said line the following:

"2. If a hospital organized pursuant to this chapter accepts appropriated funds from the city during the twelve months immediately preceding the date that the hospital purchases, operates or leases it first related facility outside the city boundaries or engages in its first health care activity outside the city boundaries, the governing body of the city shall approve the hospital's plan for such purchase, operation or lease prior to implementation of the plan."; and

Further amend said bill, Page 8, Section 206.157, Line 42, by deleting the word "court" and inserting in lieu thereof the words "county commission".

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

Yeas--Senators
Banks Bentley Caskey Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senator Clay--1

Absent with leave--Senator Scott--1

On motion of Senator Quick, SB 676, as amended by the conference committee report, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Curls
DePasco Ehlmann Goode Graves
House Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Schneider Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Clay Flotron--2

Absent with leave--Senator Scott--1

The President Pro Tem 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 Banks moved that motion lay on the table, which motion prevailed.

HOUSE BILLS ON THIRD READING

At the request of Senator McKenna, HCS for HBs 844 and 1059, with SCS, was placed on the Informal Calendar.

HB 905, with SCA 1, introduced by Representative Rizzo, et al, entitled:

An Act to create chapter 617, RSMo, by enacting six new sections relating to the creation of a department of aging, with a contingent effective date.

Was taken up by Senator DePasco.

SCA 1 was taken up.

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

Senator DePasco offered SA 1:

SENATE AMENDMENT NO. 1

Amend House Bill No. 905, Page 2, Section 617.001, Line 13, by inserting immediately after "RSMo." the following: "Appropriations for the department of aging shall be determined in the same appropriations bill as the department of social services."; and

Further amend said bill, page 2, section 617.007, lines 4-5, by striking all of said lines after "people."; and

Further amend said section, line 8, by striking the following words "not be considered in the total staff"; and inserting in lieu thereof, the following: be appropriate additions to the staff"; and further amend line 8, by striking the word "people" and inserting in lieu of the following: "full-time employees. Full-time employees approved by fiscal note prior to August 28, 1996, are appropriate additions to the staff number limit of seven hundred and twenty-five full-time employees.".

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

Senator Sims offered SA 2:

SENATE AMENDMENT NO. 2

Amend House Bill No. 905, Page 1, In the Title, Lines 2-3, by striking all of said lines and inserting in lieu thereof, the following: "To repeal sections 197.305 and 344.030, RSMo 1994, relating to the care of the elderly, and to enact in lieu thereof nine new sections relating to the same subject, with a contingent effective date for certain sections."; and

Further amend said bill, page 1, Section A, lines 1-2, by striking all of said lines and inserting in lieu thereof the following:

"Section A. Sections 197.305 and 344.030, RSMo 1994, and section 197.316, RSMo Supp. 1995, are repealed and nine new sections enacted in lieu thereof, to be known as sections 197.305, 197.316, 344.030, 617.001, 617.002, 617.003, 617.005, 617.007 and 617.009, to read as follows:

197.305. As used in sections 197.300 to 197.365, the following terms mean:

(1) "Affected persons", the person proposing the development of a new health care service, the public to be served, the health systems agency and health care facilities within the service area in which the proposed new health care service is to be developed;

(2) "Agency", the state health planning and development agency of the Missouri department of health;

(3) "Capital expenditure", an expenditure by or on behalf of a health care facility which, under generally accepted accounting principles, is not properly chargeable as an expense of operation and maintenance;

(4) "Certificate of need", a written certificate issued by the committee setting forth the committee's affirmative finding that a proposed project sufficiently satisfies the criteria prescribed for such projects by sections 197.300 to 197.365;

(5) "Develop", to undertake those activities which on their completion will result in the offering of a new institutional health service or the incurring of a financial obligation in relation to the offering of such a service;

(6) "Expenditure minimum", six hundred thousand dollars in the case of capital expenditures, or four hundred thousand dollars in the case of major medical equipment and new institutional health services as described in subdivision (11), paragraphs (a), (b), (c), (d), (e), (f), and (g), unless such sum exceeds federal regulations;

(7) "Health care facilities", hospitals, health maintenance organizations, tuberculosis hospitals, psychiatric hospitals, professional nursing facilities, practical nursing facilities, residential care facilities I and II, kidney disease treatment centers, including free standing hemodialysis units, and ambulatory surgical facilities, but excluding the private offices of physicians, dentists and other practitioners of the healing arts, and Christian Science sanatoriums [operated or], also known as Christian Science Nursing facilities listed and certified by [the First Church of Christ, Scientist, Boston, Massachusetts,] the Commission for Accreditation of Christian Science Nursing Organization/Facilities, Inc., and facilities of not for profit corporations in existence on October 1, 1980, subject either to the provisions and regulations of section 302 of the Labor-Management Relations Act, 29 U.S.C. 186 or the Labor-Management Reporting and Disclosure Act, 29 U.S.C. 401-538, and any residential care facility I or residential care facility II [operated by a religious organization qualified under section 501(c)(3) of the federal Internal Revenue Code, as amended,] which does not require the expenditure of public funds for purchase or operation[, with a total licensed bed capacity of one hundred beds or fewer];

(8) "Health service area", a geographic region appropriate for the effective planning and development of health services, determined on the basis of factors including population and the availability of resources, consisting of a population of not less than five hundred thousand or more than three million;

(9) "Health systems agency", a regional health planning agency established pursuant to PL 93-641 and, after December 31, 1981, in accordance with section 1512(b)(1)(B) thereof;

(10) "Major medical equipment", medical equipment used for the provision of medical and other health services;

(11) "New institutional health service":

(a) The development of a new health care facility;

(b) The acquisition, including acquisition by lease, of any health care facility, or major medical equipment costing in excess of the expenditure minimum;

(d) Predevelopment activities as defined in subdivision (14) hereof costing in excess of one hundred fifty thousand dollars;

(e) Any change in licensed bed capacity of a health care facility which increases the total number of beds by more than ten or more than ten percent of total bed capacity, whichever is less, over a two-year period;

(f) Health services, excluding home health services, which are offered in a health care facility and which were not offered on a regular basis in such health care facility within the twelve-month period prior to the time such services would be offered;

(g) A reallocation by an existing health care facility of licensed beds among major types of service or reallocation of licensed beds from one physical facility or site to another by more than ten beds or more than ten percent of total licensed bed capacity, whichever is less, over a two-year period;

(12) "Nonsubstantive projects", projects which do not involve the addition, replacement, modernization or conversion of beds or the provision of a new health service but which include a capital expenditure which exceeds the expenditure minimum and are due to an act of God or a normal consequence of maintaining health care services, facility or equipment;

(13) "Person", any individual, trust, estate, partnership, corporation, including associations and joint stock companies, state or political subdivision or instrumentality thereof, including a municipal corporation;

(14) "Predevelopment activities", expenditures for architectural designs, plans, working drawings and specifications, and any arrangement or commitment made for financing; but excluding submission of an application for a certificate of need.

344.030. 1. An applicant for an initial license shall file a completed application with the board on a form provided by the board, accompanied by an application fee of one hundred dollars payable to the director of revenue. Information provided in the application shall be given under oath subject to the penalties for making a false affidavit.

2. No initial license shall be issued to a person as a nursing home administrator unless:

(1) The applicant provides the board satisfactory proof that [he] the applicant is twenty-one years of age or over, of good moral character and a high school graduate or equivalent;

(2) The applicant provides the board satisfactory proof that [he] the applicant has had a minimum of three years' experience in health care administration or two years of postsecondary education in health care administration or has satisfactorily completed a course of instruction and training prescribed by the board, which includes instruction in the needs properly to be served by nursing homes, the protection of the interests of residents therein, and the elements of good nursing home administration, or has presented evidence satisfactory to the board of sufficient education, training, or experience in the foregoing fields to administer, supervise and manage a nursing home; and

(3) The applicant passes the written examination administered by the board. If an applicant fails to make a passing grade on the examination [he] the applicant may make application for reexamination on a form furnished by the board and may be retested at the next regularly scheduled examination. If an applicant fails the examination a third time, [he] the applicant shall be required to complete a course of instruction prescribed and approved by the board before [he] the applicant may reapply for examination. There shall be a separate, nonrefundable fee for each examination. The board shall set the amount of the fee for examination by rules and regulations promulgated pursuant to section 536.021, RSMo. The fee shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering the examination.

3. The board may issue a license through reciprocity to any person who is regularly licensed as a nursing home administrator in any other state, territory, or the District of Columbia, if the regulations for securing such license are equivalent to those required in the state of Missouri. However, no license by reciprocity shall be issued until the applicant passes a special examination approved by the board, which will examine the applicant's knowledge of specific provisions of Missouri statutes and regulations pertaining to nursing homes. The applicant shall furnish satisfactory evidence that [he] such applicant is of good moral character and has acted in the capacity of a nursing home administrator in such state, territory, or the District of Columbia, at least one year after the securing of the license. The board, in its discretion, may enter into written reciprocal agreements pursuant to this section with other states which have equivalent laws and regulations.

4. Nothing in sections 344.010 to 344.100, or the rules or regulations thereunder shall be construed to require an applicant for a license as a nursing home administrator, who is [certified by a recognized church or religious denomination which teaches reliance on spiritual means alone for healing, as having been approved] employed by an institution listed and certified by the Commission for Accreditation of Christian Science Nursing Organizations/Facilities, Inc. to administer institutions certified by such [church or denomination] commission for the care and treatment of the sick in accordance with [its teachings] the creeds or tenets of a recognized church or religious denomination, to demonstrate proficiency in any techniques or to meet any educational qualifications or standards not in accord with the remedial care and treatment provided in such institutions. [His] The applicant's license shall be endorsed to confine [his] the applicant's practice to such institutions.

5. The board may issue a temporary emergency license for a period not to exceed ninety days to a person twenty-one years of age or over, of good moral character and a high school graduate or equivalent to serve as an acting nursing home administrator, provided [he] such person is replacing a licensed nursing home administrator who has died, has been removed or has vacated [his] the nursing home administrator's position. No temporary emergency license may be issued to a person who has had a nursing home administrator's license denied, suspended or revoked. A temporary emergency license may be renewed for one additional ninety-day period upon a showing that the person seeking the renewal of a temporary emergency license meets the qualifications for licensure and has filed an application for a regular license, accompanied by the application fee, and the examination has not yet been given. No temporary emergency license may be renewed more than one time."; and

Further amend said bill, page 2, Section B, line 1, by striking the word "This" and inserting in lieu thereof the following: "Sections 617.001, 617.002, 617.003, 617.005, 617.007 and 617.009 of this".

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

Senator Kenney offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend House Bill No. 905, Page 3, Section 617.009, Line 14, by inserting after said line the following:

"Section 1. Until such time as the voters approve the creation of a department of aging, the governor shall provide all privileges accorded to department directors to the director of the Division of Aging."; and

Further amend the title and enacting clause accordingly.

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

SA 3 failed of adoption by the following vote:

Yeas--Senators
Bentley Ehlmann Flotron Graves
Kenney Kinder Klarich Melton
Mueller Rohrbach Russell Sims
Singleton Treppler Westfall--15

Nays--Senators
Banks Caskey Curls DePasco
Goode House Howard Johnson
Lybyer Mathewson Maxwell McKenna
Moseley Quick Schneider Staples
Wiggins--17

Absent--Senator Clay--1

Absent with leave--Senator Scott--1

On motion of Senator DePasco, HB 905, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Caskey Curls DePasco
Goode House Howard Johnson
Lybyer Mathewson Maxwell McKenna
Moseley Quick Russell Schneider
Staples Treppler Westfall Wiggins--20

Nays--Senators
Bentley Ehlmann Flotron Graves
Kenney Kinder Klarich Melton
Mueller Rohrbach Sims Singleton--12

Absent--Senator Clay--1

Absent with leave--Senator Scott--1

The President declared the bill passed.

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

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

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

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HS for HB 832, as amended: Senators DePasco, McKenna, Staples, Treppler and Bentley.

PRIVILEGED MOTIONS

Senator Flotron moved that the Senate refuse to recede from its position on SAs 1, 2, 3 and 4 to HCS for HB 781 and grant the House a conference thereon, which motion prevailed.

HOUSE BILLS ON THIRD READING

Senator Moseley moved that HS for HCS for HBs 1301 and 1298, with SCS, SA 18 and SSA 1 for SA 18 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SSA 1 for SA 18 was again taken up.

Senator Caskey moved that the above substitute amendment be adopted.

Senator Ehlmann offered SPA 1 to SSA 1 for SA 18:

SENATE PERFECTING AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 18

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 18 to Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 1046 of the Senate Journal for May 8, 1996, Line 8 of column 1, by inserting immediately after the word "lines", the following: "and inserting in lieu thereof the following: "The department shall use data provided under this section and other necessary data to establish standards for graduation rate and dropout

rate which shall include, at a minimum, that a school's one year dropout rate be no greater than ten percent and that a school's graduation rate be no less than sixty percent. The department shall annually determine whether a school was in compliance with the graduation rate and dropout rate school standards established under this section. The department shall use data provided under this section and other necessary data to establish standards for safe schools. The department shall annually determine whether a school was in compliance with the safe school standards established under this section. The parent or guardian or a pupil, if over eighteen years of age, resident in a district and assigned to attend a school which was determined by the department to be out of compliance with the graduation rate and dropout rate standards established under this section or out of compliance with the safe school standards established under this section, or has been declared academically deficient pursuant to section 160.538, RSMo, for the preceding year may choose, upon providing written notice to the district of residence and the district to be attended, for such pupil to attend another public school within any district in the same county or an adjoining county, provided that such other school was in compliance with the graduation rate and dropout rate standards established under this section and the safe school standards established under this section for the preceding year. The district of residence shall pay tuition to the district attended if a school in another district is attended and shall provide for transportation of the pupil."; and

Further amend said bill, page 7, section 160.261, line 200, by inserting immediately after said line, the following:

"160.514. 1. By rule and regulation, and consistent with the provisions contained in section 160.526, RSMo, the state board of education shall adopt no more than seventy-five academic performance standards which establish the knowledge, skills and competencies necessary for students to successfully advance through the public elementary and secondary education system of this state; lead to or qualify a student for high school graduation; prepare students for postsecondary education or the workplace or both; and are necessary in this era to preserve the rights and liberties of the people. The academic performance standards shall not be construed or treated as replacing any previously established standards for acceptable mastery of basic knowledge, and the standards and assessments shall set out the levels of expertise required to be mastered before the student advances to mastery of the higher-level skills set out elsewhere in the standards. The standards shall neither require nor advocate a particular curriculum, teaching method or educational philosophy, and these curricula, methods and philosophies shall remain local decisions.

2. The state board of education shall convene work groups composed of education professionals to develop and recommend academic performance standards. Separate work groups composed of professionals with appropriate expertise shall be convened for each subject area listed in section 160.518. Active classroom teachers shall constitute the majority of each work group. Teachers serving on such work groups shall be selected by professional teachers' organizations of the state. Additional teachers who are not members of such organizations may serve by appointment of the state board of education.

3. The state board of education shall develop written curriculum frameworks that may be used by school districts. Such curriculum frameworks shall incorporate the academic performance standards adopted by the state board of education pursuant to subsection 1 of this section. The curriculum frameworks shall provide guidance to school districts but shall not be mandates for local school boards in the adoption or development of written curricula as required by subsection 4 of this section.

4. Not later than one year after the development of written curriculum frameworks pursuant to subsection 3 of this section, the board of education of each school district in the state shall adopt or develop a written curriculum designed to ensure that students attain the knowledge, skills and competencies established pursuant to subsection 1 of this section. Such knowledge, skills and competencies shall be considered the minimum level, and school districts are encouraged, where appropriate, to require additional knowledge, skills and competencies. Nothing in this chapter shall be construed to require or encourage a school district to reduce or eliminate programs, courses and curricula for gifted students. Local school boards are encouraged to adopt or develop curricula that are rigorous and ambitious and may, but are not required to, use the curriculum frameworks developed pursuant to subsection 3 of this section. Nothing in this section or this act shall prohibit school districts, as determined by local boards of education, to develop or adopt curricula that provide for academic standards in addition to those identified by the state board of education pursuant to subsection 1 of this section.

160.518. 1. Consistent with the provisions contained in section 160.526, the state board of education shall develop a uniform statewide assessment system that provides uniform minimum levels of performance while allowing maximum flexibility for local school districts to determine the degree to which students in the public schools of the state are proficient in the knowledge, skills and competencies adopted by such board pursuant to subsection 1 of section 160.514. The statewide assessment system shall assess basic knowledge, problem solving, analytical ability, evaluation, creativity and application ability in the different content areas, [and] shall be [performance-based] objective and verifiable to identify what students know, [as well as what they] shall be performance-based to identify what students are able to do, and shall enable teachers to evaluate actual academic performance in terms of individual academic grading rather than any form of group grading. The assessment system shall neither promote nor prohibit rote memorization [and shall not include existing versions of tests approved for use pursuant to the provisions of section 160.257, nor enhanced versions of such tests]. The statewide assessment shall measure, where appropriate by grade level and subject matter, a student's knowledge of academic subjects including, but not limited to, reading skills, writing skills, memorization skills, grammatical skills, spelling skills, mathematics skills, world and American history, forms of government, geography and science and shall require and measure diligent attempts to answer objective questions.

2. The assessment system shall only permit the academic performance of students in each school in the state to be tracked against prior academic performance in the same school.

3. The state board of education shall suggest criteria for a school to demonstrate that its students learn the knowledge, skills and competencies at exemplary levels worthy of imitation by students in other schools in the state and nation. "Exemplary levels" shall be measured by the assessment system developed pursuant to subsection 1 of this section, or until said assessment is available, by indicators approved for such use by the state board of education. The provisions of other law to the contrary notwithstanding, the commissioner of education may, upon request of the school district, present a plan for the waiver of rules and regulations to any such school, to be known as "Outstanding Schools Waivers", consistent with the provisions of subsection 4 of this section.

4. For any school that meets the criteria established by the state board of education for three successive school years pursuant to the provisions of subsection 3 of this section, by August first following the third such school year, the commissioner of education shall present a plan to the superintendent of the school district in which such school is located for the waiver of rules and regulations to promote flexibility in the operations of the school and to enhance and encourage efficiency in the delivery of instructional services. The provisions of other law to the contrary notwithstanding, the plan presented to the superintendent shall provide a summary waiver, with no conditions, for the pupil testing requirements pursuant to section 160.257, in the school. Further, the provisions of other law to the contrary notwithstanding, the plan shall detail a means for the waiver of requirements otherwise imposed on the school related to the authority of the state board of education to classify school districts pursuant to subdivision (9) of section 161.092, RSMo, and such other rules and regulations as determined by the commissioner of education, excepting such waivers shall be confined to the school and not other schools in the district unless such other schools meet the criteria established by the state board of education consistent with subsection 3 of this section and the waivers shall not include the requirements contained in this section and section 160.514. Any waiver provided to any school as outlined in this subsection shall be void on June thirtieth of any school year in which the school fails to meet the criteria established by the state board of education consistent with subsection 3 of this section.

160.526. 1. In establishing the academic standards authorized by subsection 1 of section 160.514 and the statewide assessment system authorized by subsection 1 of section 160.518, the state board of education shall consider the work that has been done by other states, recognized regional and national experts, professional education discipline-based associations and other professional education associations. Further, in establishing the academic standards and statewide assessment system, the state board of education [shall adopt the work that has been done by consortia of other states and], subject to appropriations, may contract with [such] consortia of other states to implement the provisions of sections 160.514 and 160.518.

2. The state board of education shall, by contract enlist the assistance of such national experts, as approved by the commission established pursuant to section 160.510, to receive reports, advice and counsel on a regular basis pertaining to the validity and reliability of the statewide assessment system. The reports from such experts shall be received by the commission, which shall make a final determination concerning the reliability and validity of the statewide assessment system. Within six months prior to implementation of the statewide assessment system, the commissioner of education shall inform the president pro tempore of the senate and the speaker of the house about the procedures to implement the assessment system, including a report related to the reliability and validity of the assessment instruments, and the general assembly may, within the next thirty legislative days, veto such implementation by concurrent resolution adopted by majority vote of both the senate and the house of representatives.

3. The commissioner of education shall establish a procedure for the state board of education to regularly receive advice and counsel from professional educators at all levels in the state, district boards of education, parents, representatives from business and industry, and labor and community leaders pertaining to the implementation of sections 160.514 and 160.518. The procedure shall include, at a minimum, the appointment of ad hoc committees and shall be in addition to the advice and counsel obtained from the commission pursuant to section 160.510.

160.538. 1. By July 1, 1996, the state board of education shall develop a procedure and criteria for determining that a school in a school district is "academically deficient". In making such a determination for any school, the state board of education shall consider the results for the school from the assessment system developed pursuant to the provisions of section 160.518 together with the results from the education audit performed under subsection 2 of this section.

2. (1) Prior to a decision that a school is academically deficient, the state board of education shall appoint an audit team of at least ten persons to conduct an education audit of the school to determine the factors that have contributed to the lack of student achievement at the school as measured by the district assessment system and make a finding as to whether the school is academically deficient. The specific standards and implementation of the education audit shall be pursuant to rules adopted by the state board of education.

(2) The audit team shall report its findings to the state board. If the audit team finds that the school is academically deficient, then the state board shall declare the school to be academically deficient.

(3) Following a decision that a school is academically deficient, the state board of education shall, within sixty days, appoint a management team of at least ten persons to conduct any necessary investigations and make any recommendations the team believes are appropriate for the administration and management of the school necessary to promote student achievement and any additional resources which are required. Funds shall be provided, upon appropriation, under subsection 2 of section 160.530 for the operation of the audit and management teams and resources needed in the district.

(4) In the appointment of the audit and management teams, the state board of education shall appoint such persons so that at least fifty percent of the team is composed of active classroom teachers at the elementary, middle or secondary level grades. Further, no more than two persons of said team may be employees of the department of elementary and secondary education. At least one member of the team shall be a public school superintendent from another district.

(5) The management team shall report its findings and recommendations to the state board within sixty school days. The commissioner of education shall, subject to availability of resources, provide resources to the district as recommended by the management team. The management team report may also include recommendations for one or more of the following: [conducting a recall election for each member of the district school board,] suspension of indefinite contracts for certificated staff in the school and a one-year maximum length for new or renewal of contracts for the superintendent or the principal of the school. The education audit team shall reevaluate the school two years after the filing of the management team report. No [recall election,] suspension of indefinite contract or maximum contract length limit may be imposed unless the audit team determines that the school is still academically deficient.

[(6) The commissioner of education shall, upon such recommendation by the management team and upon approval by the state board of education, but only in the case where the education audit team finds the school academically deficient in its reevaluation audit under subdivision (5) of this subsection, order an election in the district to be held for the purpose of conducting a recall election of all members of the district school board. The recall election shall be held on the next available election day thereafter as provided under section 115.123, RSMo, and shall be conducted pursuant to chapter 115, RSMo, except as otherwise provided herein.]

3. (1) A district school board member of a district which contains a school declared academically deficient may be removed by the voters in a recall election. Such election shall be held upon the submission of a petition signed by voters of the district equal in number to at least twenty-five percent of the number of persons voting at the last preceding election to elect a district board member. The petition shall be filed with the election authority and the secretary of the district board of education, which petition shall contain a general statement of the grounds for which the removal is sought. The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to administer oaths that the statements therein made are true as he believes and that each signature to the paper appended is the genuine signature of the person whose name it purports to be.

(2) Within ten days from the date of filing such petition the election authority shall examine and ascertain whether said petition is signed by the requisite number of voters; and he shall attach to the petition his certificate, showing the result of the examination. If the petition is shown to be insufficient, it may be amended within ten days from the date of said certificate. The election authority shall, within ten days after such amendment, make like examination of the amended petition and, if his certificate shall show the same to be insufficient, it shall be returned to the person filing the same, without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be deemed to be sufficient, the election authority shall submit the same to the district board without delay. If the petition shall be found to be sufficient, the district board shall order the question to be submitted to the voters of the district.

(3) If a majority of the voters vote in favor of retaining the member, he shall remain in office and shall not be subject to another recall election during his term of office except as provided in subsection 2 of this section. If a majority of voters vote to remove the member, his successor shall be chosen as provided in section 162.261, RSMo.

4. Under subdivision (5) of subsection 2 of this section, a district board of education may suspend indefinite contracts and issue probationary contracts to all certificated staff in a school declared academically deficient. However, no such indefinite contract for any person may be suspended without providing the person an opportunity for a due process hearing, conducted according to the provisions of chapter 536, RSMo, and only after the school board demonstrates that the performance of the person's duties contributed to the school meeting the criteria for being declared academically deficient. The district board of any school which is declared academically deficient shall not issue new contracts or renew contracts to either the superintendent or the principal of the academically deficient school for a period of longer than one year. The provisions of other law to the contrary notwithstanding, a probationary teacher in a school declared academically deficient shall not be granted an indefinite contract until one year after such school is no longer determined to be academically deficient, and the probationary teacher meets all other requirements for permanent status required by law."; and

Further amend the title and enacting clause accordingly.".

Senator Ehlmann moved that the above perfecting amendment be adopted.

Senator Caskey raised the point of order that SPA 1 to SSA 1 for SA 18 is out of order in that it is substantive in nature and not a perfecting amendment.

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

SSA 1 for SA 18 was again taken up.

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

SSA 1 for SA 18 was adopted by the following vote:

Yeas--Senators
Banks Bentley Caskey Curls
DePasco Goode House Howard
Johnson Lybyer Mathewson Maxwell
McKenna Melton Moseley Quick
Rohrbach Schneider Staples Treppler
Westfall Wiggins--22

Nays--Senators
Ehlmann Flotron Graves Kenney
Kinder Klarich Mueller Sims--8

Absent--Senators
Clay Russell Singleton--3

Absent with leave--Senator Scott--1

Senator Klarich offered SA 19:

SENATE AMENDMENT NO. 19

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 4, Section 160.261, Line 103, by inserting immediately after the word "district" on said line, the following: "and for each teacher employed by the district"; and further on line 108, by inserting immediately after the word "enroll" the following: "and shall be provided upon request to any school district by which the teacher is subsequently employed"; and

Further amend said bill, page 9, section 167.020, line 69, by inserting immediately after "request." the following: "Except as otherwise required for compliance with federal regulation or statute, no personally identifiable teacher records, however maintained, shall be made available to any person who is not employed by the school district or another school district, or to any governmental entity other than a school district, without prior written permission of the teacher.".

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

Senator Graves offered SA 20:

SENATE AMENDMENT NO. 20

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 22, Section 9, Line 34, by inserting immediately after said line, the following:

"Section 10. 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.

Senator Bentley offered SA 21:

SENATE AMENDMENT NO. 21

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 22, Section 9, Line 34, by inserting after all of said line the following:

"Section 10. 1. Notwithstanding any provision of law to the contrary, the state board of education is hereby granted authority to waive or modify any administrative rule adopted by the state board or policy implemented by the department of elementary and secondary education. School districts may submit applications for a waiver or modification authorized pursuant to this section. Each application shall include a written request by the school district or school districts and shall demonstrate that the intent of the rule or policy can be addressed in a more effective, efficient or economical manner or that the waiver or modification is necessary to implement a specific plan for improved student performance and school improvement. Prior to an application for waiver, the school district shall hold a public hearing regarding such waiver.

2. The state board of education may grant waivers or modifications for a school district or school districts that successfully demonstrate the ability to address the intent of the rule or policy in a more effective, efficient or economical manner, or when the waivers or modifications are demonstrated to be necessary to stimulate innovation or improve student performance, provided that the waiver or modification is based upon sound educational practices, does not endanger the health and safety of students or staff, and does not compromise equal opportunity for learning. Approved waivers or modifications shall remain in effect for a period not to exceed three school years and may be renewed by the state board of education upon application by the school district or school districts.

3. This section shall not be construed to allow the state board of education to authorize the waiver of any statutory requirements relating to teacher certification or teacher tenure."; and

Further amend title and enacting clause accordingly.

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

Senator Rohrbach offered SA 22:

SENATE AMENDMENT NO. 22

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 1, In the Title, Line 4, by inserting after "1995," the following:

"and sections 302.272 and 1 as enacted by conference committee substitute for senate committee substitute for house committee substitute for house bill no. 895 and house bill no. 986, eighty-eighth general assembly, second regular session, and signed by the governor into law,"; and

Further amend the title, line 4, by striking "nineteen" and inserting in lieu thereof the word "twenty"; and further on line 5 by inserting after "provisions" the following: "and a contingent emergency clause for one section"; and

Further amend said bill, page 1, section A, line 3, by inserting immediately after "1995," the following:

Further amend line 3 of section A by striking "nineteen" and inserting in lieu thereof the following: "twenty"; and further on line 5, by inserting after "195.214," the following: "302.272,"; and

Further amend said bill, page 14, section 195.214, line 9, by inserting after said line the following:

"302.272. 1. No person shall operate any school bus owned by or under contract with a public school or the state board of education unless such driver has qualified for a school bus permit under this section and complied with the pertinent rules and regulations of the department of revenue. A school bus permit shall be issued to any applicant who meets the following qualifications:

(1) The applicant has a valid state license issued under this chapter or has a license valid in any other state;

(2) The applicant is at least twenty-one years of age;

(3) The applicant has passed a medical examination, including vision and hearing tests, as prescribed by the director of revenue and, if the applicant is at least seventy years of age, the applicant shall pass the medical examination annually to maintain or renew the permit; and

(4) The applicant has successfully passed an examination for the operation of a school bus as prescribed by the director of revenue. The examination shall include, but need not be limited to, a written skills examination of applicable laws, rules and procedures, and a driving test in the type of vehicle to be operated. The test shall be completed in the appropriate class of vehicle to be driven. For purposes of this section classes of school buses shall comply with the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Pub. Law 99-570).

2. Except as otherwise provided in this section, a school bus permit shall be renewed every three years and shall require the applicant to provide a medical examination as specified in subdivision (3) of subsection 1 of this section and to successfully pass a written skills examination as prescribed by the director of revenue in consultation with the department of elementary and secondary education. If the applicant is at least seventy years of age, the school bus permit shall be renewed annually, and the applicant shall successfully pass the examination prescribed in subdivision (4) of subsection 1 of this section prior to receiving the renewed permit. The director may waive the written skills examination on renewal of a school bus permit upon verification of the applicant's successful completion within the preceding twelve months of a training program which has been approved by the director in consultation with the department of elementary and secondary education and which is at least eight hours in duration with special instruction in school bus driving.

3. The fee for a new or renewed school bus permit shall be [eleven] three dollars [; except that, if the applicant is at least seventy years of age, such fee shall be three dollars and seventy-five cents].

4. Upon the applicant's completion of the requirements of subsections 1, 2 and 3 of this section, the director of revenue shall issue a temporary school bus permit to the applicant until such time as a permanent school bus permit shall be issued following the record clearance as provided in subsection 6 of this section.

5. The director of revenue, to the best of the director's knowledge, shall not issue or renew a school bus permit to any applicant:

(1) Whose driving record shows that such applicant's privilege to operate a motor vehicle has been suspended, revoked or disqualified or whose driving record shows a history of moving vehicle violations;

(2) Who has pled guilty to or been found guilty of any felony or misdemeanor for violation of drug regulations as defined in chapter 195, RSMo; of any felony for an offense against the person as defined by chapter 565, RSMo, or any other offense against the person involving the endangerment of a child as prescribed by law; of any misdemeanor or felony for a sexual offense as defined by chapter 566, RSMo; of any misdemeanor or felony for prostitution as defined by chapter 567, RSMo; of any misdemeanor or felony for an offense against the family as defined in chapter 568, RSMo; of any felony or misdemeanor for a weapons offense as defined by chapter 571, RSMo; of any misdemeanor or felony for pornography or related offense as defined by chapter 573, RSMo; or of any similar crime in any federal, state, municipal or other court of similar jurisdiction of which the director has knowledge;

(3) Who has pled guilty or been found guilty of any felony involving robbery, arson, burglary or a related offense as defined by chapter 569, RSMo; or any similar crime in any federal, state, municipal or other court of similar jurisdiction within the preceding ten years of which the director has knowledge.

6. The department of social services or the Missouri highway patrol, whichever has access to applicable records, shall provide a record of clearance or denial of clearance for any applicant for a school bus permit for the convictions specified in subdivisions (2) and (3) of subsection 5 of this section. [The Missouri highway patrol in providing the record of clearance or denial of clearance for any such applicant is authorized to obtain from the Federal Bureau of Investigation any information which might aid the Missouri highway patrol in providing such record of clearance or denial of clearance.] The department of social services or the Missouri highway patrol shall provide the record of clearance or denial of clearance within [five] thirty days of the date requested, relying on information available at that time, except that the department of social services or the Missouri highway patrol shall provide any information subsequently discovered to the department of revenue.

[Section 1. 1. Any motor vehicle assembled by a two or four year institution of higher education exclusively utilizing "solar power" and built to compete in a national competition organized to foster interest in solar energy shall be registered and titled by the director of revenue, other laws regulating licensing of motor vehicles to the contrary notwithstanding.

2. Such institution shall file an application in a form prescribed by the director, verified by affidavit, that such vehicle meets the requirements of subsection 1 of this section.

3. The plate issued by the director shall be the "collegiate plate" of the institution and shall display the term "solar" in a manner prescribed by the director.

4. The institution shall pay the applicable fees as determined by the director.]" and

Further amend said bill, page 22, section 9, line 34, by inserting immediately after said line the following:

"Section B. Because immediate action is necessary to ensure the availability of a sufficient number of licensed school bus drivers, section 302.272 of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section 302.272 of this act shall be in full force and effect upon its passage and approval, but shall only take effect subsequent to the passage and approval by the governor of conference committee substitute for senate committee substitute for house committee substitute for house bill no. 895 and house bill no. 986, eighty-eighth general assembly, second regular session.".

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

Senator Mueller offered SA 23:

SENATE AMENDMENT NO. 23

"Section 10. 1. A person commits the crime of assault of a teacher in the first degree if he attempts to kill or knowingly causes or attempts to cause serious physical injury to a teacher who is performing the duties of a teacher.

2. Assault of a teacher in the first degree is a class A felony.

Section 11. 1. A person commits the crime of assault of a teacher in the second degree if he:

(1) Attempts to cause or knowingly causes physical injury to a teacher who is performing the duties of a teacher by means of a deadly weapon or dangerous instrument;

(2) Recklessly causes serious physical injury to a teacher who is performing the duties of a teacher.

2. Assault of a teacher in the second degree is a class B felony.

Section 12. 1. A person commits the crime of assault of a teacher in the third degree if:

(1) He attempts to cause or recklessly causes physical injury to a teacher who is performing the duties of a teacher;

(2) With criminal negligence he causes physical injury to a teacher who is performing the duties of a teacher by means of a deadly weapon;

(3) He purposely places a teacher who is performing the duties of a teacher in apprehension of immediate physical injury;

(4) He recklessly engages in conduct which creates a grave risk of death or serious physical injury to a teacher who is performing the duties of a teacher.

2. Assault of a teacher in the third degree is a class A misdemeanor."; and

Further amend the title and enacting clause accordingly.

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

Senator Melton offered SA 24:

SENATE AMENDMENT NO. 24

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 18, Section 3, Line 21 on said page, by inserting after the word "state" the following: "with the approval of the district's board of education".

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

Senator Melton offered SA 25:

SENATE AMENDMENT NO. 25

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 12, Section 167.171(3)(2), Line 54 on said page, by deleting the words "following acts" and substituting in lieu thereof the following: "acts enumerated in sub-division (4) of this sub-section" and further amend said bill on page 12, Section 167.171(3)(3), line 57, by deleting the words "following acts" and substituting in lieu thereof the following: "acts enumerated in sub-division (4) of this sub-section".

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

Senator Flotron offered SA 26:

SENATE AMENDMENT NO. 26

"211.071. 1. If a petition alleges that a child between the ages of twelve and seventeen has committed an offense which would be considered a felony if committed by an adult, the court may, upon its own motion or upon motion by the juvenile officer, the child or the child's custodian, order a hearing and may, in its discretion, dismiss the petition and such child may be transferred to the court of general jurisdiction and prosecuted under the general law; except that if a petition alleges that any child has committed an offense which would be considered first degree murder under section 565.020, RSMo, second degree murder under section 565.021, RSMo, first degree assault under section 565.050, RSMo, forcible rape under section 566.030, RSMo, forcible sodomy under section 566.060, RSMo, first degree robbery under section 569.020, RSMo, or distribution of drugs under section 195.211, RSMo, or has committed two or more prior unrelated offenses which would be felonies if committed by an adult, the court shall order a hearing, and may in its discretion, dismiss the petition and transfer the child to a court of general jurisdiction for prosecution under the general law.

2. Upon apprehension and arrest, jurisdiction over the criminal offense allegedly committed by any person between seventeen and twenty-one years of age over whom the juvenile court has retained continuing jurisdiction shall automatically terminate and that offense shall be dealt with in the court of general jurisdiction as provided in section 211.041.

3. Knowing and willful age misrepresentation by a juvenile subject shall not affect any action or proceeding which occurs based upon the misrepresentation. Any evidence obtained during the period of time in which a child misrepresents his age may be used against the child and will be subject only to rules of evidence applicable in adult proceedings.

4. Written notification of a transfer hearing shall be given to the juvenile and his custodian in the same manner as provided in sections 211.101 and 211.111. Notice of the hearing may be waived by the custodian. Notice shall contain a statement that the purpose of the hearing is to determine whether the child is a proper subject to be dealt with under the provisions of this chapter, and that if the court finds that the child is not a proper subject to be dealt with under the provisions of this chapter, the petition will be dismissed to allow for prosecution of the child under the general law.

5. The juvenile officer may consult with the office of prosecuting attorney concerning any offense for which the child could be certified as an adult under this section. The prosecuting or circuit attorney shall have access to police reports, reports of the juvenile or deputy juvenile officer, statements of witnesses and all other records or reports relating to the offense alleged to have been committed by the child. The prosecuting or circuit attorney shall have access to the disposition records of the child when the child has been adjudicated pursuant to subdivision (3) of subsection 1 of section 211.031. The prosecuting attorney shall not divulge any information regarding the child and the offense until the juvenile court at a judicial hearing has determined that the child is not a proper subject to be dealt with under the provisions of this chapter.

6. A written report shall be prepared in accordance with this chapter developing fully all available information relevant to the criteria which shall be considered by the court in determining whether the child is a proper subject to be dealt with under the provisions of this chapter and whether there are reasonable prospects of rehabilitation within the juvenile justice system. These criteria shall include but not be limited to:

(1) The seriousness of the offense alleged and whether the protection of the community requires transfer to the court of general jurisdiction;

(2) Whether the offense alleged involved viciousness, force and violence;

(3) Whether the offense alleged was against persons or property with greater weight being given to the offense against persons, especially if personal injury resulted;

(4) Whether the offense alleged is a part of a repetitive pattern of offenses which indicates that the child may be beyond rehabilitation under the juvenile code;

(5) The record and history of the child, including experience with the juvenile justice system, other courts, supervision, commitments to juvenile institutions and other placements;

(6) The sophistication and maturity of the child as determined by consideration of his home and environmental situation, emotional condition and pattern of living;

(7) The age of the child;

(8) The program and facilities available to the juvenile court in considering disposition; and

(9) Whether or not the child can benefit from the treatment or rehabilitative programs available to the juvenile court[; and

(10) Racial disparity in certification].

7. If the court dismisses the petition to permit the child to be prosecuted under the general law, the court shall enter a dismissal order containing:

(1) Findings showing that the court had jurisdiction of the cause and of the parties;

(2) Findings showing that the child was represented by counsel;

(3) Findings showing that the hearing was held in the presence of the child and his counsel; and

(4) Findings showing the reasons underlying the court's decision to transfer jurisdiction.

8. A copy of the petition and order of the dismissal shall be sent to the prosecuting attorney.

9. When a petition has been dismissed thereby permitting a child to be prosecuted under the general law, the jurisdiction of the juvenile court over that child is forever terminated, except as provided in subsection 10 of this section, for an act that would be a violation of a state law or municipal ordinance.

10. If a petition has been dismissed thereby permitting a child to be prosecuted under the general law and the child is found not guilty by a court of general jurisdiction, the juvenile court shall have jurisdiction over any later offense committed by that child which would be considered a misdemeanor or felony if committed by an adult, subject to the certification provisions of this section.

11. If the court does not dismiss the petition to permit the child to be prosecuted under the general law, it shall set a date for the hearing upon the petition as provided in section 211.171.

211.181. 1. When a child or person seventeen years of age is found by the court to come within the applicable provisions of subdivision (1) of subsection 1 of section 211.031, the court shall so decree and make a finding of fact upon which it exercises its jurisdiction over the child or person seventeen years of age, and the court may, by order duly entered, proceed as follows:

(1) Place the child or person seventeen years of age under supervision in his own home or in the custody of a relative or other suitable person after the court or a public agency or institution designated by the court conducts an investigation of the home, relative or person and finds such home, relative or person to be suitable and upon such conditions as the court may require;

(2) Commit the child or person seventeen years of age to the custody of:

(a) A public agency or institution authorized by law to care for children or to place them in family homes; except that, such child or person seventeen years of age may not be committed to the department of social services, division of youth services;

(b) Any other institution or agency which is authorized or licensed by law to care for children or to place them in family homes;

(c) An association, school or institution willing to receive the child or person seventeen years of age in another state if the approval of the agency in that state which administers the laws relating to importation of children into the state has been secured; or

(d) The juvenile officer;

(3) Place the child or person seventeen years of age in a family home;

(4) Cause the child or person seventeen years of age to be examined and treated by a physician, psychiatrist or psychologist and when the health or condition of the child or person seventeen years of age requires it, cause the child or person seventeen years of age to be placed in a public or private hospital, clinic or institution for treatment and care; except that, nothing contained herein authorizes any form of compulsory medical, surgical, or psychiatric treatment of a child or person seventeen years of age whose parents or guardian in good faith are providing other remedial treatment recognized or permitted under the laws of this state.

2. When a child is found by the court to come within the provisions of subdivision (2) of subsection 1 of section 211.031, the court shall so decree and upon making a finding of fact upon which it exercises its jurisdiction over the child, the court may, by order duly entered, proceed as follows:

(1) Place the child under supervision in his own home or in custody of a relative or other suitable person after the court or a public agency or institution designated by the court conducts an investigation of the home, relative or person and finds such home, relative or person to be suitable and upon such conditions as the court may require;

(2) Commit the child to the custody of:

(a) A public agency or institution authorized by law to care for children or place them in family homes; except that, a child may be committed to the department of social services, division of youth services, only if he is presently under the court's supervision after an adjudication under the provisions of subdivision (2) or (3) of subsection 1 of section 211.031;

(b) Any other institution or agency which is authorized or licensed by law to care for children or to place them in family homes;

(c) An association, school or institution willing to receive it in another state if the approval of the agency in that state which administers the laws relating to importation of children into the state has been secured; or

(d) The juvenile officer;

(3) Place the child in a family home;

(4) Cause the child to be examined and treated by a physician, psychiatrist or psychologist and when the health or condition of the child requires it, cause the child to be placed in a public or private hospital, clinic or institution for treatment and care; except that, nothing contained herein authorizes any form of compulsory medical, surgical, or psychiatric treatment of a child whose parents or guardian in good faith are providing other remedial treatment recognized or permitted under the laws of this state;

(5) Assess an amount of up to ten dollars to be paid by the child to the clerk of the court. Execution of any order entered by the court pursuant to this subsection, including a commitment to any state agency, may be suspended and the child placed on probation subject to such conditions as the court deems reasonable. After a hearing, probation may be revoked and the suspended order executed.

3. When a child is found by the court to come within the provisions of subdivision (3) of subsection 1 of section 211.031, the court shall so decree and make a finding of fact upon which it exercises its jurisdiction over the child, and the court may, by order duly entered, proceed as follows:

(2) Commit the child to the custody of:

(a) A public agency or institution authorized by law to care for children or to place them in family homes;

(b) Any other institution or agency which is authorized or licensed by law to care for children or to place them in family homes;

(d) The juvenile officer;

[(3) Beginning January 1, 1996, the court may make further directions as to placement with the division of youth services concerning the child's length of stay. The length of stay order may set forth a minimum review date;]

[(4)] (3) Place the child in a family home;

[(5)] (4) Cause the child to be examined and treated by a physician, psychiatrist or psychologist and when the health or condition of the child requires it, cause the child to be placed in a public or private hospital, clinic or institution for treatment and care; except that, nothing contained herein authorizes any form of compulsory medical, surgical, or psychiatric treatment of a child whose parents or guardian in good faith are providing other remedial treatment recognized or permitted under the laws of this state;

[(6)] (5) Suspend or revoke a state or local license or authority of a child to operate a motor vehicle;

[(7)] (6) Order the child to make restitution or reparation for the damage or loss caused by his offense. In determining the amount or extent of the damage, the court may order the juvenile officer to prepare a report and may receive other evidence necessary for such determination. The child and his attorney shall have access to any reports which may be prepared, and shall have the right to present evidence at any hearing held to ascertain the amount of damages. Any restitution or reparation ordered shall be reasonable in view of the child's ability to make payment or to perform the reparation. The court may require the clerk of the circuit court to act as receiving and disbursing agent for any payment ordered;

[(8)] (7) Order the child to a term of community service under the supervision of the court or of an organization selected by the court. Every person, organization, and agency, and each employee thereof, charged with the supervision of a child under this subdivision, or who benefits from any services performed as a result of an order issued under this subdivision, shall be immune from any suit by the child ordered to perform services under this subdivision, or any person deriving a cause of action from such child, if such cause of action arises from the supervision of the child's performance of services under this subdivision and if such cause of action does not arise from an intentional tort. A child ordered to perform services under this subdivision shall not be deemed an employee within the meaning of the provisions of chapter 287, RSMo, nor shall the services of such child be deemed employment within the meaning of the provisions of chapter 288, RSMo. Execution of any order entered by the court, including a commitment to any state agency, may be suspended and the child placed on probation subject to such conditions as the court deems reasonable. After a hearing, probation may be revoked and the suspended order executed;

[(9)] (8) When a child has been adjudicated to have violated a municipal ordinance or to have committed an act that would be a misdemeanor if committed by an adult, assess an amount of up to twenty-five dollars to be paid by the child to the clerk of the court; when a child has been adjudicated to have committed an act that would be a felony if committed by an adult, assess an amount of up to fifty dollars to be paid by the child to the clerk of the court.

4. [Beginning January 1, 1996, the court may set forth in the order of commitment the minimum period during which the child shall remain in the custody of the department of social services or any of its divisions. Beginning January 1, 1996, the department shall not discharge a child from the custody of the division of youth services before the child completes the length of stay determined by the court in the commitment order unless the committing court orders otherwise. The director of the division of youth services may at any time petition the court for a review of a child's length of stay commitment order, and the court may, upon a showing of good cause, order the early discharge of the child from the custody of the division of youth services. The department may discharge the child from the division of youth services without a further court order after the child completes the length of stay determined by the court or may retain the child for any period after the completion of the length of stay in accordance with the law.

5.] When custody of a child or person seventeen years of age is legally placed in the department of social services or any of its divisions, the department shall immediately submit its proposed treatment plan for such child or person seventeen years of age, as developed pursuant to subdivision (17) of subsection 1 of section 207.020, RSMo, to a professional evaluation team. Such a team shall be composed of a local juvenile officer, a representative of the department, a guardian ad litem, or court appointed special advocate, and where applicable, a school employee. The evaluation team shall develop a long-range permanency treatment plan for each child or person seventeen years of age within thirty days of the date upon which the department was awarded custody. The long-range treatment plan will include the following components:

(1) Type of placement which will serve the best interest and special needs of a child or person seventeen years of age and provide the least restrictive setting;

(2) Projected length of care needed by the child or person seventeen years of age and the projected cost for providing such care;

(3) Services needed by the child or person seventeen years of age and his family to facilitate reunification and the projected cost of such services;

(4) Certification from the division director or designee whether the placement and/or services recommended by the evaluation team are available. The long-range permanency treatment plan shall be submitted to the court for consideration and approval prior to the court's final entry of a treatment order. In addition, a psychiatric or psychological evaluation shall be considered by the professional evaluation team and shall be submitted to the court for consideration for any child or person seventeen years of age who, in the discretion of the professional evaluation team, could benefit from such an examination. The juvenile court judge may assess the cost of the examination to the family based on their ability to pay.

[6.] 5. In ordering implementation of a permanency treatment plan, the judge shall not order treatment with a specific provider but may reasonably designate the scope and extent of the services to be provided by the department to the child or person seventeen years of age subject to certification by the director of the division or designee that a provider and/or funds are available.

[7.] 6. The department shall proceed to implement any long-range permanency plan within thirty days of its approval by the court. If the court fails to act upon a long-range permanency treatment plan within fifteen days of its submission by the professional evaluation team, then such plan shall be implemented by the department as if approved by the court and shall remain in effect until otherwise ordered by the court.

[8.] 7. The department may seek appellate review of any long-range permanency treatment plan it is required by court order or operation of law to implement.

[9.] 8. When an assessment has been imposed under the provisions of subsection 2 or 3 of this section, the assessment shall be paid to the clerk of the court in the circuit where the assessment is imposed by court order, to be deposited in a fund established for the sole purpose of payment of judgments entered against children in accordance with section 211.185.

211.231. 1. All commitments made by the juvenile court shall be for an indeterminate period of time[, unless the child is committed pursuant to subdivision (3) of subsection 3 of section 211.181,] and shall not continue beyond the child's twenty-first birthday.

2. Whenever the court commits a child to an institution or agency, it shall transmit with the order of commitment a summary of its information concerning the child, and the institution or agency shall give to the court such information concerning the child as the court may require from time to time so long as the child is under the jurisdiction of the juvenile court."; and

Further amend the title and enacting clause accordingly.

Senator Flotron moved that the above amendment be adopted.

Senator Caskey raised the point of order that SA 26 is out of order in that it goes beyond the scope and purpose of the original bill.

President Wilson resumed the Chair.

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

Senator Ehlmann offered SA 27:

SENATE AMENDMENT NO. 27

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 14, Section 195.214, Line 9, by inserting immediately after said line the following:

(1) The seriousness of the offense alleged and whether the protection of the community requires transfer to the court of general jurisdiction;

(2) Whether the offense alleged involved viciousness, force and violence;

(3) Whether the offense alleged was against persons or property with greater weight being given to the offense against persons, especially if personal injury resulted;

(4) Whether the offense alleged is a part of a repetitive pattern of offenses which indicates that the child may be beyond rehabilitation under the juvenile code;

(5) The record and history of the child, including experience with the juvenile justice system, other courts, supervision, commitments to juvenile institutions and other placements;

(6) The sophistication and maturity of the child as determined by consideration of his home and environmental situation, emotional condition and pattern of living;

(7) The age of the child;

(8) The program and facilities available to the juvenile court in considering disposition;

(9) Whether or not the child can benefit from the treatment or rehabilitative programs available to the juvenile court; and

(10) Racial disparity in certification, except when the offense alleged occurred on school property.

7. If the court dismisses the petition to permit the child to be prosecuted under the general law, the court shall enter a dismissal order containing:

(1) Findings showing that the court had jurisdiction of the cause and of the parties;

(2) Findings showing that the child was represented by counsel;

(3) Findings showing that the hearing was held in the presence of the child and his counsel; and

(4) Findings showing the reasons underlying the court's decision to transfer jurisdiction.

8. A copy of the petition and order of the dismissal shall be sent to the prosecuting attorney.

11. If the court does not dismiss the petition to permit the child to be prosecuted under the general law, it shall set a date for the hearing upon the petition as provided in section 211.171."; and

Further amend the title and enacting clause accordingly.

Senator Ehlmann moved that the above amendment be adopted.

Senator Howard resumed the Chair.

Senator Curls raised the point of order that SA 27 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 not well taken.

At the request of Senator Moseley, HS for HCS for HBs 1301 and 1298, with SCS and SA 27 (pending), was placed on the Informal Calendar.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 854.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for SB 783, entitled:

An Act to repeal sections 288.050, 288.070, 288.100, 288.113, 288.130, 288.140, 288.160, 288.190, 288.200, 288.380 and 347.187, RSMo 1994, and sections 288.030, 288.032, 288.036, 288.114, 351.488 and 358.150, RSMo Supp. 1995, relating to streamlining of employment security programs, and to enact in lieu thereof sixteen new sections relating to the same subject, with an effective date for a certain section.

With House Amendment No. 1, House Amendment No. 1 to House Amendment No. 2, House Amendment No. 2 as amended, House Amendment No. 4, House Amendment No. 6.

HOUSE AMENDMENT NO. 1

Amend House Substitute for Senate Bill No. 783, Page 1, In the Title, Line 9, by deleting the word "sixteen" and inserting in lieu thereof the following: "seventeen"; and

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

Further amend said bill, Page 1, Section A, Line 7, by inserting after the number "288.200" the following: "288.379,"; and

Further amend said bill, Page 48, Section 288.200, Line 20, by inserting after all of said line the following:

"288.379. 1. Effective January 1, 1997, an individual filing a new or renewed unemployment compensation claim shall, at the time of filing such claim, be advised that:

(1) Unemployment compensation is subject to federal, state and local income tax;

(2) Requirements exist pertaining to estimated tax payments;

(3) The individual may elect to have federal income tax deducted and withheld from the individual's payment of unemployment compensation at the amount specified in the federal Internal Revenue Code;

(4) The individual shall be permitted to change a previously elected withholding status.

2. Amounts deducted and withheld from unemployment compensation shall remain in the unemployment compensation trust fund until transferred to the federal, state or local taxing authority as a payment of income tax.

3. The division shall follow all procedures specified by the United States Department of Labor and the federal Internal Revenue Service pertaining to the deducting and withholding of income tax.

4. Amounts shall be deducted and withheld pursuant to this section only after amounts are deducted and withheld for any overpayments of unemployment compensation, child support obligations, food stamps overissuances or any other amounts required to be deducted and withheld pursuant to this chapter.".

HOUSE AMENDMENT NO. 1 TO

HOUSE AMENDMENT NO. 2

Amend House Amendment No. 2 to House Substitute for Senate Bill No. 783, Page 8, Section 288.040, Line 19, by deleting the words "terminal leave pay,".

HOUSE AMENDMENT NO. 2

Amend House Substitute for Senate Bill No. 783, Page 1, In the Title, Line 5, by inserting after the figure "288.036," the following: "288.040,"; and

Further amend said bill, Page 1, In the Title, Line 9, by deleting the word "sixteen" and inserting in lieu thereof the following: "seventeen"; and

Further amend said bill, Page 1, Section A, Line 3 of said page, by inserting after the figure "288.036," the following: "288.040,"; and

Further amend said bill, Page 1, Section A, Line 4 of said page, by deleting the word "sixteen" and inserting the word "seventeen"; and

Further amend said bill, Page 1, Section A, Line 6 of said page, by inserting after the figure "288.036," the following: "288.040,"; and

Further amend said bill, Page 20, Section 288.036, Line 16 of said page, by inserting after all of said line the following:

"288.040. 1. A claimant who is unemployed and has been determined to be an insured worker shall be eligible for benefits for any week only if the deputy finds that:

(1) He has registered for work at and thereafter has continued to report at an employment office in accordance with such regulations as the division may prescribe;

(2) He is able to work and is available for work. No person shall be deemed available for work unless he has been and is actively and earnestly seeking work. Upon the filing of an initial or renewed claim, and prior to the filing of each weekly claim thereafter, the deputy shall notify each claimant of the number of work search contacts required to constitute an active search for work. No person shall be considered not available for work, under this subdivision, solely because he is a substitute teacher or is on jury duty. A claimant shall not be determined to be ineligible under this subdivision because of not actively and earnestly seeking work if:

(a) The claimant is participating in training approved under section 236 of the Trade Act of 1974, as amended, (19 U.S.C.A. Sec. 2296, as amended); or

(b) The claimant is temporarily unemployed through no fault of his own and has a definite recall date within eight weeks of his first day of unemployment; however, upon application of the employer responsible for the claimant's unemployment, such eight-week period may be extended at the discretion of the director;

(3) He has reported in person to an office of the division as directed by the deputy, but at least once every four weeks, except that a claimant shall be exempted from the reporting requirement of this subdivision if:

(a) The claimant is claiming benefits in accordance with division regulations dealing with partial or temporary total unemployment; or

(b) The claimant is temporarily unemployed through no fault of his own and has a definite recall date within eight weeks of his first day of unemployment; or

(c) The claimant resides in a county with an unemployment rate, as published by the division, of ten percent or more and in which the county seat is more than forty miles from the nearest division office;

Ineligibility under this subdivision shall begin on the first day of the week which the claimant was scheduled to claim and shall end on the last day of the week preceding the week during which the claimant does report in person to the division's office;

(4) Prior to the first week of a period of total or partial unemployment for which he claims benefits he has been totally or partially unemployed for a waiting period of one week. No more than one waiting week will be required in any benefit year. The one-week waiting period shall become compensable after unemployment during which benefits are payable for nine consecutive weeks. No week shall be counted as a week of total or partial unemployment for the purposes of this subsection unless it occurs within the benefit year which includes the week with respect to which he claims benefits;

(5) He has made a claim for benefits;

(6) The claimant is participating in re-employment services, such as job search assistance services, as directed by the deputy if the claimant has been determined to be likely to exhaust regular benefits and to need reemployment services pursuant to a profiling system established by the division, unless the deputy determines that:

(a) The individual has completed such reemployment services; or

(b) There is justifiable cause for the claimant's failure to participate in such reemployment services.

2. A claimant shall be ineligible for waiting week credit or benefits for any week for which the deputy finds he is or has been suspended by his most recent employer for misconduct connected with his work.

3. (1) Benefits based on "service in employment", defined in subsections 7 and 8 of section 288.034, shall be payable in the same amount, on the same terms and subject to the same conditions as compensation payable on the basis of other service subject to this law; except that:

(a) With respect to service performed in an instructional, research, or principal administrative capacity for an educational institution, benefits shall not be paid based on such services for any week of unemployment commencing during the period between two successive academic years or terms, or during a similar period between two regular but not successive terms, or during a period of paid sabbatical leave provided for in the individual's contract, to any individual if such individual performs such services in the first of such academic years (or terms) and if there is a contract or a reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms;

(b) With respect to services performed in any capacity (other than instructional, research, or principal administrative capacity) for an educational institution, benefits shall not be paid on the basis of such services to any individual for any week which commences during a period between two successive academic years or terms if such individual performs such services in the first of such academic years or terms and there is a contract or a reasonable assurance that such individual will perform such services in the second of such academic years or terms;

(c) With respect to services described in paragraphs (a) and (b) of this subdivision, benefits shall not be paid on the basis of such services to any individual for any week which commences during an established and customary vacation period or holiday recess if such individual performed such services in the period immediately before such vacation period or holiday recess, and there is reasonable assurance that such individual will perform such services immediately following such vacation period or holiday recess;

(d) With respect to services described in paragraphs (a) and (b) of this subdivision, benefits payable on the basis of services in any such capacity shall be denied as specified in paragraphs (a), (b), and (c) of this subdivision, to any individual who performed such services at an educational institution while in the employ of an educational service agency, and for this purpose the term "educational service agency" means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one or more educational institutions.

(2) If compensation is denied for any week under paragraph (b) or (d) of subdivision (1) of this subsection, to any individual performing services at an educational institution in any capacity (other than instructional, research or principal administrative capacity), and such individual was not offered an opportunity to perform such services for the second of such academic years or terms, such individual shall be entitled to a retroactive payment of the compensation for each week for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of paragraph (b) or (d) of subdivision (1) of this subsection.

4. (1) A claimant shall be ineligible for waiting week credit, benefits or shared work benefits for any week for which he is receiving or has received remuneration exceeding his weekly benefit amount or shared work benefit amount in the form of:

(a) Compensation for temporary partial disability under the workers' compensation law of any state or under a similar law of the United States;

(b) A governmental or other pension, retirement or retired pay, annuity, or other similar periodic payment which is based on the previous work of such claimant to the extent that such payment is provided from funds provided by a base period or chargeable employer under a plan maintained or contributed to by such employer; but, except for such payments made under the Social Security Act or the Railroad Retirement Act of 1974 (or the corresponding provisions of prior law), the provisions of this paragraph shall not apply if the services performed for such employer by the claimant after the beginning of the base period (or remuneration for such services) do not affect eligibility for or increase the amount of such pension, retirement or retired pay, annuity or similar payment[.];

(c) Wages in lieu of notice, terminal leave pay, severance pay, separation pay or dismissal payments, regardless of whether the remuneration is voluntary or required by policy or contract. Lump sum payments and periodic payments shall be prorated by weeks on the basis of the most recent weekly wage of the individual for a standard work week.

(2) If the remuneration referred to in this subsection is less than the benefits which would otherwise be due, he shall be entitled to receive for such week, if otherwise eligible, benefits reduced by the amount of such remuneration, and, if such benefit is not a multiple of one dollar, such amount shall be lowered to the next multiple of one dollar.

(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, if a claimant has contributed in any way to the Social Security Act or the Railroad Retirement Act of 1974, or the corresponding provisions of prior law, no part of the payments received under such federal law shall be deductible from the amount of benefits received under this chapter.

5. A claimant shall be ineligible for waiting week credit or benefits for any week for which or a part of which he has received or is seeking unemployment benefits under an unemployment insurance law of another state or the United States; provided, that if it be finally determined that he is not entitled to such unemployment benefits, such ineligibility shall not apply.

6. (1) A claimant shall be ineligible for waiting week credit or benefits for any week for which the deputy finds that his total or partial unemployment is due to a stoppage of work which exists because of a labor dispute in the factory, establishment or other premises in which he is or was last employed. In the event he secures other employment from which he is separated during the existence of the labor dispute, he must have obtained bona fide employment as a permanent employee for at least the major part of each of two weeks in such subsequent employment to terminate his ineligibility. If, in any case, separate branches of work which are commonly conducted as separate businesses at separate premises are conducted in separate departments of the same premises, each such department shall for the purposes of this subsection be deemed to be a separate factory, establishment or other premises. This subsection shall not apply if it is shown to the satisfaction of the deputy that:

(a) He is not participating in or financing or directly interested in the labor dispute which caused the stoppage of work; and

(b) He does not belong to a grade or class of workers of which, immediately preceding the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in or financing or directly interested in the dispute.

(2) "Stoppage of work" as used in this subsection means a substantial diminution of the activities, production or services at the establishment, plant, factory or premises of the employing unit.

7. On or after January 1, 1978, benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences during the period between two successive sport seasons (or similar periods) if such individual performed such services in the first of such seasons (or similar periods) and there is a reasonable assurance that such individual will perform such services in the later of such seasons (or similar periods).

8. Benefits shall not be payable on the basis of services performed by an alien, unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law at the time such services were performed (including an alien who was lawfully present in the United States as a result of the application of the provisions of section 212(d)(5) of the Immigration and Nationality Act).

(1) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.

(2) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of his alien status shall be made except upon a preponderance of the evidence.".

HOUSE AMENDMENT NO. 4

Amend House Substitute for Senate Bill No. 783, Page 1, In the Title, Line 4, by deleting all of said line and inserting in lieu thereof the following: "288.200, 288.380, 327.401 and 347.187, RSMo 1994, and"; and

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

"288.130, 288.140, 288.160, 288.190, 288.200, 288.380, 327.401 and 347.187,"; and

Further amend said bill, Page 1, Section A, Line 7 of said page, by deleting all of said line and inserting in lieu thereof the following: "288.130, 288.140, 288.160, 288.190, 288.200, 288.380, 327.401, 347.187,"; and

Further amend said bill, Page 60, Section 288.380, Line 3 of said page, by inserting after all of said line the following:

"327.401. 1. The right to engage in the practice of architecture or to practice as a professional engineer or to practice as a land surveyor shall be deemed a personal right, based upon the qualifications of the individual, evidenced by his or her certificate of registration and shall not be transferable; but any registered architect or any registered professional engineer or any registered land surveyor may practice his or her profession through the medium of, or as a member or as an employee of, a partnership or corporation if the plans, specifications, estimates, plats, reports, surveys or other like documents or instruments of the partnership or corporation are signed and stamped with the personal seal of the registered architect or registered professional engineer or registered land surveyor by whom or under whose personal direction the same were prepared and that the registered architect or registered engineer or registered land surveyor who affixes his or her signature and personal seal to any such plans, specifications, estimates, plats, reports or other documents or instruments shall be personally and professionally responsible therefor.

2. Any domestic corporation formed under the [general and business corporation law or under the professional] corporation law of this state, or any foreign corporation, now or hereafter organized and having as one of its purposes the practicing of architecture or professional engineering or land surveying and any existing corporation which amends its charter to propose to practice architecture or professional engineering or land surveying shall obtain a certificate of authority for each profession named in the articles of incorporation or articles of organization from the board which shall be renewed in accordance with the provisions of section 327.171 or 327.261 or 327.351, as the case may be, and from and after the date of such certificate of authority and while the authority or a renewal thereof is in effect, may offer and render architectural or professional engineering or land surveying services in this state if:

(1) At all times during the authorization or any renewal thereof the directors of the corporation shall have assigned responsibility for the proper conduct of all its architectural or professional engineering or land surveying activities in this state to an architect registered and authorized to practice architecture in this state or to a professional engineer registered and authorized to practice engineering in this state or to a land surveyor registered and authorized to practice land surveying in this state, as the case may be; and

(2) The person or persons who is or are personally in charge and supervises or supervise the architectural or professional engineering or land surveying activities, as the case may be, of any such corporation in this state shall be registered and authorized to practice architecture or professional engineering or land surveying, as the case may be, as provided in this chapter; and

(3) The corporation pays such fees for the certificate of authority, renewals or reinstatements thereof as are required.

3. As used in this section, the term "corporation" means any general business corporation, or limited liability company.".

HOUSE AMENDMENT NO. 6

Amend House Substitute for Senate Bill No. 783, Page 60, Section 288.380, Line 3, by inserting immediately after said line, the following:

"347.015. As used in sections 347.010 to 347.187, the following terms mean:

(1) "Articles of organization", the articles referred to in section 347.039, filed with the secretary for the purpose of forming a limited liability company, as the same may be amended or restated from time to time as provided in sections 347.010 to 347.187;

(2) "Authorized person", manager, or member, if management of the limited liability company is vested in the members;

(3) "Bankruptcy", the entry of an order for relief by the court in a proceeding under the United States Bankruptcy Code, Title 11, U.S.C., as amended, or its equivalent under a state insolvency act or a similar law of other jurisdictions;

(4) "Business" includes every trade, occupation or profession;

(5) "Contribution", cash, other property, the use of property, services rendered, a promissory note or other binding obligation to contribute cash or property or perform services or any other valuable consideration transferred by a person to the limited liability company as a prerequisite for membership in the limited liability company and any subsequent transfer to the limited liability company by a person in his capacity as a member;

(6) "Court" includes every court and judge having jurisdiction in the case;

(7) "Domestic limited liability company" or "limited liability company", a limited liability company organized and existing under sections 347.010 to 347.187;

(8) "Event of withdrawal", an event that causes a person to cease to be a member as provided in section 347.123;

(9) "Foreign limited liability company", a limited liability company formed under the laws of any jurisdiction other than the state of Missouri;

(10) "Limited liability company", a legal entity that is an unincorporated organization having two or more members, and that is organized pursuant to or is subject to this chapter;

[(10)] (11) "Manager", with respect to a limited liability company whose articles of organization state that management of the limited liability company is vested in one or more managers, the person or persons designated, appointed or elected as such in the manner provided in subsection 2 of section 347.079;

[(11)] (12) "Member", any person that signs in person or by an attorney in fact, or otherwise is a party to the operating agreement at the time the limited liability company is formed and is identified as a member in that operating agreement and any person who is subsequently admitted as a member in a limited liability company in accordance with sections 347.010 to 347.187 and the operating agreement, until such time as an event of withdrawal occurs with respect to such person;

[(12)] (13) "Member's interest", a member's share of the profits and losses of a limited liability company and the right to receive distributions of limited liability company assets;

[(13)] (14) "Operating agreement", any valid agreement or agreements, written or oral, among all members, concerning the conduct of the business and affairs of the limited liability company and the relative rights, duties and obligations of the members and managers, if any;

[(14)] (15) "Organizer", any of the signers of the initial articles of organization;

[(15)] (16) "Person" includes individuals, partnerships, domestic or foreign limited partnerships, domestic or foreign limited liability companies, domestic or foreign corporations, trusts, business trusts, employee stock ownership trusts, real estate investment trusts, estates and other associations or business entities or any other legal entity;

[(16)] (17) "Real property" includes land, any interest, leasehold or estate in land and any improvements thereon;

[(17)] (18) "Secretary", the secretary of state for the state of Missouri and its delegates responsible for the administration of sections 347.010 to 347.187;

[(18)] (19) "Surviving entity", the surviving or resulting person pursuant to a merger or consolidation in which one or more domestic limited liability companies are parties." and

Further amend the title and enacting clause accordingly.

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 Speaker has appointed the following conference committee, to act with a like committee from the Senate on HS for HB 832, as amended: Representatives: Montgomery, Leutkenhaus, Pauley, Hartzler (123), Richardson.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 898.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report No. 4 on HCS for SS for SB 687 and has taken up and passed CCS No. 4 for HCS for SS for SB 687.

Emergency clause adopted.

Bill ordered enrolled.

REPORTS OF STANDING COMMITTEES

On behalf of Senator Scott, Chairman of the Committee on Corrections and General Laws, Senator Mathewson submitted the following report:

Mr. President: Your Committee on Corrections and General Laws, to which was referred HS for HCS for HB 1172, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

HOUSE BILLS ON THIRD READING

Senator Moseley moved that HS for HCS for HBs 1301 and 1298, with SCS and SA 27 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SA 27 was again taken up.

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

SA 27 failed of adoption by the following vote:

Yeas--Senators
Ehlmann Flotron Graves House
Kenney Kinder Klarich Melton
Mueller Rohrbach Russell Singleton
Staples Treppler Westfall--15

Nays--Senators
Banks Bentley Caskey Curls
DePasco Goode Howard Johnson
Mathewson Maxwell McKenna Moseley
Quick Schneider Sims Wiggins--16

Absent--Senators
Clay Lybyer--2

Absent with leave--Senator Scott--1

Senator Rohrbach offered SA 28:

SENATE AMENDMENT NO. 28

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 22, Section 9, Line 34, by adding at the end of said section the following:

"Section 10. After the effective date of this act any school district with a graduation rate as reported in Section 9 of less than sixty percent shall not issue any multi year contract to any administrator.

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

Senator Ehlmann offered SA 29, which was read:

SENATE AMENDMENT NO. 29

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 9, Section 167.020, Line 69, by deleting the words "seven business days" and inserting the words "three business days"; and

Further amend said bill page 4 line 107 by adding, after the word "provided", the following: "as required in section 167.020 RSMo".

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

Senator Ehlmann offered SA 30:

SENATE AMENDMENT NO. 30

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 18, Section 3, Line 19, by adding, at the end of said line, the following: "and shall not be offered for academic credit".

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

Senator Johnson resumed the Chair.

President Pro Tem Mathewson resumed the Chair.

Senator Ehlmann offered SA 31, which was read:

SENATE AMENDMENT NO. 31

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 21, Section 7, Line 2, by adding, at the end of said line, the following: "who have graduated or reached the age of twenty-one years.".

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

Senator Ehlmann offered SA 32:

SENATE AMENDMENT NO. 32

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 7, Section 162.680, Lines 1-16, by striking all of said section and inserting in lieu thereof the following:

"162.680. 1. No child may be denied services provided by sections 162.670 to 162.995 because of his handicapping condition.

2. To the maximum extent appropriate, handicapped and severely handicapped children shall be educated along with children who do not have handicaps and shall attend regular classes, except that in the case of a disability resulting in violent behavior which causes a substantial likelihood of injury to the student or others, the school district shall initiate procedures consistent with state and federal law to remove the child to a more appropriate placement. Impediments to learning and to the normal functioning of such children in the regular school environment shall be overcome whenever practicable by the provision of special aids and services rather than by separate schooling for the handicapped.".

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

Senator Ehlmann offered SA 33:

SENATE AMENDMENT NO. 33

"Section 10. The school board of any school district may adopt a policy regarding the use of profane language in school by students and teachers. The policy may provide for discipline of students who use profane language, including suspension not to exceed ten days, and the policy may provide for discipline or dismissal for teachers who use profane language or who allow students to use profane language in violation of the policy."; and

Further amend the title and enacting clause accordingly.

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

Senator Ehlmann offered SA 34:

SENATE AMENDMENT NO. 34

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 13, Section 167.171, Line 89, by inserting immediately after said line, the following:

"170.260. Each school in each school district, as defined in section 160.010, RSMo, which offers more than one classroom section of a regular instruction class or program, shall offer at least one section of such class or program which shall be designated as "motivated". Only students who apply for entrance into the motivated section and complete and sign a motivated contract, established by resolution of the school board of the district, shall be eligible for admission into a class or program designated as "motivated". The contract shall include, at a minimum:

(1) A commitment to do all required homework;

(2) A commitment to be respectful to teachers and other students at all times;

(3) Provision for probationary status upon the first violation of the contract by the student; and

(4) Provision for transfer to a regular class or program upon the second violation of the contract within a school year by the student."; and

Further amend the title and enacting clause accordingly.

Senator Ehlmann moved that the above amendment be adopted.

Senator Banks raised the point of order that SA 34 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 34 was again taken up.

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

Senator Ehlmann offered SA 35:

SENATE AMENDMENT NO. 35

"170.260. Each school in each school district, as defined in section 160.010, RSMo, which offers more than one classroom section of a regular instruction class or program, may offer at least one section of such class or program which shall be designated as "motivated". Only students who apply for entrance into the motivated section and complete and sign a motivated contract, established by resolution of the school board of the district, shall be eligible for admission into a class or program designated as "motivated". The contract shall include, at a minimum:

(1) A commitment to do all required homework except when extenuating circumstances are present;

(2) A commitment to be respectful to teachers and other students at all times;

(3) Provision for probationary status upon the first violation of the contract by the student; and

(4) Provision for transfer to a regular class or program upon the third violation of the contract within a school year by the student."; and

Further amend the title and enacting clause accordingly.

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

Senator Kinder offered SA 36, which was read:

SENATE AMENDMENT NO. 36

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 10, Section 167.020, Line 75, by striking "; without" and inserting in lieu thereof the following: ", unless the school district has obtained within the current school year and has on file".

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

Senator Moseley offered SA 37:

SENATE AMENDMENT NO. 37

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page 14, Section 574.085, Line 1, by inserting immediately before said line, the following:

"304.076. Notwithstanding anything in subsection 1 of section 304.075 to the contrary, effective August 28, 1996, any new bus to be used to transport children to or from a federal Head Start program shall bear signs indicating that it is a Head Start school bus. Any bus that was used to transport children to or from a Head Start program prior to August 28, 1996, that continues to transport children to or from a Head Start program after such date may bear signs indicating that it is a Head Start school bus."; and

Further amend the title and enacting clause accordingly.

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

Senator Moseley moved that SCS for HS for HCS for HBs 1301 and 1298, as amended, be adopted, which motion prevailed.

On motion of Senator Moseley, SCS for HS for HCS for HBs 1301 and 1298, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey DePasco
Ehlmann Flotron Goode Graves
House Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Russell Schneider
Sims Singleton Staples Treppler
Westfall Wiggins--30

Nays--Senator Rohrbach--1

Absent--Senators
Clay Curls--2

Absent with leave--Senator Scott--1

The President declared the bill passed.

The emergency clause was adopted by the following vote:

Yeas--Senators
Banks Bentley Caskey DePasco
Ehlmann Flotron Goode Graves
House Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Schneider Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Clay Curls--2

Absent with leave--Senator Scott--1

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

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

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

On motion of Senator Banks, the Senate recessed for 20 minutes.

RECESS

The time of recess having expired, the Senate was called to order by Senator Howard.

CONFERENCE COMMITTEE REPORTS

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1002, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL NO. 1002

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1002, as amended, begs leave to report that we, after open, free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1002, as amended, and that the House recede from its position on House Committee Substitute for House Bill No. 1002, and the Conference Committee Substitute for House Bill No. 1002, be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Mike Lybyer /s/ Sheila Lumpe

/s/ Harry Wiggins /s/ Scott B. Lakin

/s/ Wayne Goode /s/ Richard Franklin

/s/ Emory Melton /s/ Doyle Childers

/s/ John T. Russell /s/ Sandra D. Kauffman

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

Yeas--Senators
Banks Bentley Caskey DePasco
Ehlmann Flotron Goode Graves
House Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Schneider Sims Singleton Staples
Westfall Wiggins--30

Nays--Senators--None

Absent--Senators
Clay Curls Treppler--3

Absent with leave--Senator Scott--1

President Pro Tem Mathewson resumed the Chair.

On motion of Senator Lybyer, CCS for HB 1002, entitled:

CONFERENCE COMMITTEE SUBTITUTE

FOR HOUSE BILL NO. 1002

An Act to appropriate money for the expenses, grants, refunds, and distributions of the State Board of Education and of the Department of Elementary and Secondary Education and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money from the General Revenue Fund to the State School Moneys Fund, and to transfer money from the General Revenue Fund to the Video Instructional Development and Educational Opportunity Fund, and to transfer money from the General Revenue Fund to the Outstanding Schools Trust Fund, and to transfer money from the Gaming Proceeds for Education Fund to the State School Moneys Fund and to transfer money from the Gaming Proceeds for Education Fund to the School District Bond Fund and for the investment in registered bonds of the State Public School Fund by the State Board of Education for the period beginning July 1, 1996 and ending June 30, 1997.

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

Yeas--Senators
Banks Caskey Curls DePasco
Ehlmann Flotron Goode Graves
House Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Schneider Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Bentley Clay--2

Absent with leave--Senator Scott--1

The President Pro Tem declared the bill passed.

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

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

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

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1003, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1003

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No.1003,as amended, begs leave to report that we, after open, free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No.1003, as amended, and that the House recede from its position on House Committee Substitute for House Bill No.1003, and the Conference Committee Substitute for House Bill No.1003, be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Mike Lybyer /s/ Sheila Lumpe

/s/ Harry Wiggins /s/ Scott B. Lakin

/s/ Wayne Goode /s/ Richard Franklin

/s/ Emory Melton /s/ Doyle Childers

/s/ John T. Russell /s/ Sandra D. Kauffman

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

CONFERENCE COMMITTEE SUBSTITUTE

FOR HOUSE BILL No. 1003

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Higher Education and the several divisions, programs and institutions of higher education included therein to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri for the period beginning July 1, 1996 and ending June 30, 1997.

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

Yeas--Senators
Banks Bentley Caskey Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Clay Schneider--2

Absent with leave--Senator Scott--1

The President Pro Tem declared the bill passed.

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

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

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

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1004, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1004

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1004, begs leave to report that we, after open, free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1004, and that the House recede from its position on House Committee Substitute for House Bill No. 1004, and the Conference Committee Substitute for House Bill No. 1004, be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Mike Lybyer /s/ Sheila Lumpe

/s/ Harry Wiggins /s/ Scott B. Lakin

/s/ Wayne Goode /s/ Timothy Green

/s/ Emory Melton /s/ Kenneth Legan

/s/ John T. Russell /s/ Carl M. Vogel

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

CONFERENCE COMMITTEE SUBSTITUTE

FOR HOUSE BILL No. 1004

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Revenue and the Department of Highways and Transportation, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 1996 and ending June 30, 1997.

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

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

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

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

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1005, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1005

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1005, as amended, begs leave to report that we, after open, free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1005, as amended, and that the House recede from its position on House Committee Substitute for House Bill No. 1005, and the Conference Committee Substitute for House Bill No. 1005, be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Mike Lybyer /s/ Sheila Lumpe

/s/ Harry Wiggins /s/ Scott B. Lakin

/s/ Wayne Goode /s/ Timothy Green

/s/ Emory Melton /s/ Carl M. Vogel

/s/ John T. Russell Chuck Wooten

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

Yeas--Senators
Banks Bentley Caskey Curls
DePasco Flotron Goode Graves
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Moseley Mueller Quick
Rohrbach Russell Schneider Sims
Singleton Staples Treppler Westfall
Wiggins--29

Nays--Senators
Ehlmann House Melton--3

Absent--Senator Clay--1

Absent with leave--Senator Scott--1

On motion of Senator Lybyer, CCS for HB 1005, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE BILL No. 1005

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Office of Administration, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1996 and ending June 30, 1997.

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

Yeas--Senators
Banks Caskey Curls DePasco
Flotron Goode Graves Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Moseley Quick Rohrbach Russell
Schneider Sims Singleton Staples
Treppler Westfall Wiggins--27

Nays--Senators
Bentley Ehlmann House Melton
Mueller--5

Absent--Senator Clay--1

Absent with leave--Senator Scott--1

The President Pro Tem declared the bill passed.

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

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

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

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1006, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1006

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1006, as amended, begs leave to report that we, after open, free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1006, as amended, and that the House recede from its position on House Committee Substitute for House Bill No. 1006, and the Conference Committee Substitute for House Bill No. 1006, be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Mike Lybyer /s/ Sheila Lumpe

/s/ Harry Wiggins /s/ Scott B. Lakin

/s/ Wayne Goode /s/ Phil Tate

/s/ Emory Melton /s/ Bonnie Sue Cooper

/s/ John T. Russell /s/ James E. Graham

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

Yeas--Senators
Banks Caskey Curls DePasco
Ehlmann Flotron Goode Graves
House Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Schneider Sims Singleton Treppler
Westfall Wiggins--30

Nays--Senator Bentley--1

Absent--Senators
Clay Staples--2

Absent with leave--Senator Scott--1

On motion of Senator Lybyer, CCS for HB 1006, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE BILL No. 1006

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Agriculture, Department of Conservation, Department of Natural Resources, and the several divisions and programs thereof and for the expenses, grants, refunds, distributions, and capital improvements projects involving the repair, replacement and maintenance of state buildings and facilities of the Department of Natural Resources and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1996 and ending June 30, 1997.

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

Yeas--Senators
Banks Bentley Caskey Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Sims Singleton
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Clay Staples--2

Absent with leave--Senator Scott--1

The President Pro Tem declared the bill passed.

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

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

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

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1007, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1007

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1007, begs leave to report that we, after open, free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1007, and that the House recede from its position on House Committee Substitute for House Bill No. 1007, and the Conference Committee Substitute for House Bill No. 1007, be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Mike Lybyer /s/ Sheila Lumpe

/s/ Harry Wiggins /s/ Scott B. Lakin

/s/ Wayne Goode /s/ Phil Tate

/s/ Emory Melton /s/ Bonnie Sue Cooper

/s/ John T. Russell /s/ Emmy McClelland

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

Yeas--Senators
Banks Bentley Caskey Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Sims Singleton
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Clay Staples--2

Absent with leave--Senator Scott--1

On motion of Senator Lybyer, CCS for HB 1007, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE BILL No. 1007

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Economic Development, Department of Insurance, and the Department of Labor and Industrial Relations, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1996 and ending June 30, 1997.

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

Yeas--Senators
Banks Bentley Caskey Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Sims Singleton
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Clay Staples--2

Absent with leave--Senator Scott--1

The President Pro Tem declared the bill passed.

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

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

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

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1008, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1008

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1008, begs leave to report that we, after open, free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1008 and that the House recede from its position on House Committee Substitute for House Bill No. 1008, and the Conference Committee Substitute for House Bill No. 1008, be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Mike Lybyer /s/ Sheila Lumpe

/s/ Harry Wiggins /s/ Scott B. Lakin

/s/ Wayne Goode /s/ Richard Franklin

/s/ Emory Melton /s/ Doyle Childers

/s/ John T. Russell /s/ Sandra D. Kauffman

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

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE BILL No. 1008

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Public Safety, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1996 and ending June 30, 1997.

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

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

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

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

Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1009, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL No. 1009

Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1009, as amended, begs leave to report that we, after open, free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1009, as amended, and that the House recede from its position on House Committee Substitute for House Bill No. 1009, and the Conference Committee Substitute for House Bill No. 1009, be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Mike Lybyer /s/ Sheila Lumpe

/s/ Harry Wiggins /s/ Scott B. Lakin

/s/ Wayne Goode /s/ Charles Q. Troupe

/s/ Emory Melton /s/ Pat Kelley

/s/ John T. Russell /s/ Connie Murray

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

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE BILL No. 1009

An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Corrections, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1996 and ending June 30, 1997.

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

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

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

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

HOUSE BILLS ON THIRD READING

HCS for HB 1013, with SCS, entitled:

An Act to appropriate money for real property leases, related services and utilities and systems furniture; and structural modifications for new FTE for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to appropriate money for capital improvements and the other expenses of the Office of Administration and the divisions and programs thereof, and to transfer money among certain funds, for the period beginning July 1, 1996, and ending June 30, 1997.

Was taken up by Senator Lybyer.

SCS for HCS for HB 1013, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1013

Was taken up.

Senator Lybyer moved that SCS for HCS for HB 1013 be adopted, which motion prevailed.

On motion of Senator Lybyer, SCS for HCS for HB 1013 was read the 3rd time and passed by the following vote:

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

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

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

HB 1019, introduced by Representative Lumpe, entitled:

An Act to appropriate money for capital improvement, transfer money between various funds, and other purposes for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, from the funds herein designated for the period beginning July 1, 1996 and ending June 30, 1997.

Was taken up by Senator Lybyer.

On motion of Senator Lybyer, HB 1019 was read the 3rd time and passed by the following vote:

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

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

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

Senator Caskey moved that HB 773, as amended, be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

PRIVILEGED MOTIONS

Senator Bentley moved that the vote by which SA 1 to HB 773 was adopted be reconsidered, which motion prevailed by the following vote:

Yeas--Senators
Banks Bentley Caskey Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Quick Rohrbach Russell
Schneider Sims Staples Treppler
Westfall Wiggins--30

Nays--Senators
Mueller Singleton--2

Absent--Senator Clay--1

Absent with leave--Senator Scott--1

SA 1 was again taken up.

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

On motion of Senator Caskey, HB 773, as amended, was read the 3rd time and passed by the following vote:

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

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

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

BILLS DELIVERED TO THE GOVERNOR

HCS for SS for SCS for SB 494; SCS for SB 677; HCS for SCS No. 2 for SB 860; and corrected SS for SCS for SB 507, after having been duly signed by the Speaker of the House of Representatives in open session, were delivered to the Governor by the Secretary of the Senate.

RESOLUTIONS

Senator Kenney offered Senate Resolution No. 1392, regarding Bentley Edward Davis, Blue Springs, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1393, regarding the "Lewis and Clark Discovery Expedition 1996", St. Charles, which was adopted.

Senator Bentley offered Senate Resolution No. 1394, regarding Jacqueline Hamra, which was adopted.

Senator McKenna offered Senate Resolution No. 1395, regarding the Busch Soccer Club Team, which was adopted.

Senator McKenna offered Senate Resolution No. 1396, regarding Jennifer M. Heitert, Jefferson County, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Bentley introduced to the Senate, the Physician of the Day, Dr. Chris Billings, D.O., Springfield.

Senator Klarich introduced to the Senate, fourth grade students from Caledonia; and Michelle Milam, Chris Pierce, Erin Harbison and Christy Jones were made honorary pages.

Senator Rohrbach introduced to the Senate, Carolyn Adams and fifteen fourth grade students from Pilot Grove Elementary School, Pilot Grove.

Senator Rohrbach introduced to the Senate, Kaleb Mormann, Cole County; and Kaleb was made an honorary page.

Senator Moseley introduced to the Senate, the Student Council from Moberly Middle School, Moberly; and Kevin Banks, Amanda Ingersoll, Brandon Mallory and Cecil Wisker were made honorary pages.

Senator Moseley introduced to the Senate, students from West Park School, Moberly; and Susan Steffers, Jeremy Bunce, Roni Myres and Hannah Hackett were made honorary pages.

Senator Caskey introduced to the Senate, Marlene Stewart and one hundred fourth grade students from Knob Noster Elementary School, Knob Noster.

Senator Rohrbach introduced to the Senate, Ruby Mead, and her grandson, Steven Stout, Lake Ozark.

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

	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--30

	Absent with leave--Senators--None

	The Lieutenant Governor was present.