The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, we enter the last week of this session knowing that there will be an abundance of activity, a volume of words and several major differences. Remind us each day that we are friends, that we all love our state, and that we all want what is best for the people. Help us to be at our best. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal for Friday, May 10, 1996, was read and approved.

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

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

     

     Senator Ehlmann offered the following resolution, which was referred to the Committee on Rules, Joint Rules and Resolutions:

     WHEREAS, Article I, Section 2 of the Missouri Constitution states that "all persons are created equal and are entitled to equal rights and opportunity under the law"; and

     WHEREAS, the Fourteenth Amendment to the United States Constitution states that no state "shall deny to any person within its jurisdiction the equal protection of the laws"; and

     WHEREAS, in University of California Regents vs Bakke, 98 S. Ct. 2733, 2748 (1978), the United States Supreme Court stated that "the guarantee of equal protection cannot mean one thing when applied to one individual and something else when applied to a person of another color. If both are not accorded the same protection, then it is not equal"; and

     WHEREAS, in City of Richmond vs J.A. Croson Co., 109 S. Ct. 706, 724 (1989), the United States Supreme Court stated that:

While there is no doubt that the sorry history of both private and public discrimination in this country has contributed to a lack of opportunities for black entrepreneurs, this observation, standing alone, cannot justify a rigid racial quota in the awarding of public contracts in Richmond, Virginia. Like the claim that discrimination in primary and secondary schooling justifies a rigid racial preference in medical school admissions, an amorphous claim that there has been past discrimination in a particular industry cannot justify the use of an unyielding racial quota; and

     WHEREAS, in Adarand Construction, Inc. vs Pena, 115 S. Ct. 2097, 2113 (1995), the United States Supreme Court stated that:

Accordingly, we hold today that all racial classifications, imposed by whatever federal, state, or local governmental actor, must be analyzed by a reviewing court under strict scrutiny. In other words, such classifications are constitutional only if they are narrowly tailored measures that further compelling governmental interests; and

     WHEREAS, in Hopwood vs. Texas, 78 F.3d 932, 962 (1996), the United States Court of Appeals, Fifth Circuit, stated that:

In summary we hold that the University of Texas School of Law may not use race as a factor in deciding which applicants to admit in order to achieve a diverse student body, to combat the perceived effects of a hostile environment at the law school, to alleviate the law school's poor reputation in the minority community, or to eliminate any present effects of past discrimination by actors other than the law school; and

     WHEREAS, Article XIII of Executive Order 94-03, issued by Governor Mel Carnahan on January 1, 1994, states that:

The state shall work toward a goal that at least five (5%) percent of the contracts awarded by departments in the executive branch to for-profit businesses and five (5%) percent of the contracts awarded to not-for-profit businesses shall be to minority-owned or controlled enterprises. With the assistance of the Minority Business Advocacy Commission and the Division of Purchasing, each department shall develop a plan to pursue this goal or its own higher goal through training, education, communication and recruitment efforts aimed at such businesses and shall submit such plan to the Governor and the Commissioner of Administration by July 1, 1994; and

     NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri Senate, 88th General Assembly, that there is hereby created a bipartisan "Commission on Equal Opportunity" which shall be composed of four members of the majority party and three members of the minority party to be appointed by the President Pro Tem of the Senate; and

     BE IT FURTHER RESOLVED that the Commission on Equal Opportunity be directed to: 1) study all Missouri laws, orders of rulemaking, executive orders, and other official statements of general applicability which use race, sex, color, ethnicity or national origin as a criterion for either discriminating against, or granting preferential treatment to, any individual or group of persons in the State's system of public employment, public education or public contracting; 2) study all relevant and applicable Federal and State laws, rules, regulations and caselaw which impact the use of race, sex, color, ethnicity, or national origin as a criterion for either discriminating against, or granting preferential treatment to, any individual or group of persons in the State's system of public employment, public education or public contracting; 3) conduct any additional studies which are necessary to further the intent of this Resolution; and 4) study ways in which to bring all such Missouri laws, orders of rulemaking, executive orders, and other official statements of general applicability in compliance with all such relevant and applicable Federal and State laws, rules, regulations and caselaw; and      BE IT FURTHER RESOLVED that the Commission on Equal Opportunity be authorized to hold hearings within the State, as it deems advisable, with members of the committee to receive reimbursement only for their actual and necessary expenses incurred in the course of their committee service, from the contingent fund of the Senate; and

     BE IT FURTHER RESOLVED that the members of the Senate Research staff and the Senate Appropriations staff be utilized to provide necessary clerical, research, legal and fiscal services for the Commission on Equal Opportunity with travel expense for the staff members to be paid from appropriation made for their staffs; and

     BE IT FURTHER RESOLVED that the Commission on Equal Opportunity present a final report regarding its activities and recommendations to the Senate in January, 1997.

     Senator Lybyer offered Senate Resolution No. 1401, regarding the Ninetieth Birthday of Mrs. Mildred Phillips Leaver, Rolla, which was adopted.

     Senator Lybyer offered Senate Resolution No. 1402, regarding the University of Missouri-Rolla Miners Basketball Team, which was adopted.

     Senator Maxwell offered Senate Resolution No. 1403, regarding the One Hundredth Birthday of Tina Mae Garrett, Scotland County, which was adopted.

     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 CCS No. 4 for HCS for SS for SB 687, 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.

     The President Pro Tem announced that all other business would be suspended and CCS No. 4 for HCS for SS for SB 687, 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.

     Senator Staples moved that the Senate refuse to recede from its position on SCAs 1, 2, 3 and 4 and SAs 1, 2, 3, 4, 5, 6, 7, 11, 12, 13, 14 and 15 to HCS for HB 991 and grant the House a conference thereon, which motion prevailed.

     Senator DePasco, on behalf of the conference committee appointed to act with a like committee from the House on HS for HB 832, as amended, submitted the following conference committee report:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Substitute for House Bill No. 832; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Substitute for House Bill No. 832;

     2. That the Senate recede from its position on House Substitute for House Bill No. 832, with Senate Amendments Nos. 1 and 2;

     3. That the attached Conference Committee Substitute for House Substitute for House Bill No. 832 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Ronnie DePasco      /s/ Jim Montgomery

/s/ Bill McKenna      /s/ Jim Pauley

/s/ Danny Staples      /s/ Bill Luetkenhaus

/s/ Irene Treppler      /s/ Mark Richardson

/s/ Roseann Bentley      /s/ Ed Hartzler

     Senator Quick assumed the Chair.

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

     On motion of Senator DePasco, CCS for HS for HB 832, entitled:

     An Act to repeal section 313.835, RSMo 1994, relating to certain veterans' cemeteries, and to enact in lieu thereof two new sections relating to the same subject.

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

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

     Senator Moseley, on behalf of the conference committee appointed to act with a like committee from the House on HB 811, as amended, submitted the following conference committee report:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Bill No. 811, as amended, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Bill No. 811;

     2. That the Senate recede from its position on House Bill No. 811, with Senate Amendment No. 1, Senate Substitute Amendment No. 1 for Senate Amendment No. 3, Senate Substitute Amendment No. 1 for Senate Amendment No. 4, and Senate Amendment No. 5 for House Bill No. 811;

     3. That the attached Conference Committee Substitute be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Joe Moseley      /s/ Phil Smith

/s/ J. B. Banks      /s/ Glenda Kelly

/s/ Betty Sims      /s/ Cindy Ostmann

/s/ Harry Wiggins      /s/ Patrick Naeger

/s/ Marvin Singleton      /s/ Scott B. Lakin

     Senator Moseley 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	Sims
Singleton	Treppler	Westfall	Wiggins--28
	Nays--Senators
Rohrbach	Russell--2
	Absent--Senators
Clay	Schneider	Staples--3
	Absent with leave--Senator Scott--1

     On motion of Senator Moseley, CCS for HB 811, entitled:

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

     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	Russell
Sims	Singleton	Treppler	Westfall
Wiggins--29
	Nays--Senator Rohrbach--1
	Absent--Senators
Clay	Schneider	Staples--3
	Absent with leave--Senator Scott--1

     The President declared the bill passed.

     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.

     HCS for HBs 1159, 842 and 799, entitled:

     An Act to repeal sections 313.010, 313.020, 313.040, 313.055 and 313.057, RSMo 1994, relating to bingo, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions.

     Was taken up by Senator McKenna.

     Senator McKenna offered SA 1:

     Amend House Committee Substitute for House Bills Nos. 1159, 842 and 799, Page 2, Section 313.010, Line 12, by inserting immediately after the word "dollars" the following: "per event"; and further on line 14, by striking all of said line and inserting in lieu thereof the following: "occasions annually."; and further on line 15, by striking all of said line; and further on said line 16, by striking the following: "dollars."; and further on line 21, by striking "subdivision (11)" and inserting in lieu thereof the following: "subdivisions (11) and (14)"; and

     Further amend said bill, page 4, section 313.040, line 37, by striking "six months" and inserting in lieu thereof the following: "one year"; and

     Further amend said bill, page 8, section 313.057, line 56, by inserting immediately after the word "supplier," the following: "if timely filed and paid,"; and

     Further amend said page, section 1, line 5, by striking the word "game" and inserting in lieu thereof the word "occasion".

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

     President Pro Tem Mathewson resumed the Chair.

     Senator Lybyer offered SA 2:

     Amend House Committee Substitute for House Bills Nos. 1159, 842 and 799, Page 8, Section 313.057, Line 66, by inserting immediately after said line the following:

     "313.842. There may be established an outpatient center which shall provide services for compulsive gamblers and their families in any city or county that licenses excursion gambling boats. As used in this section, "compulsive gambler" means a person who is chronically and progressively preoccupied with gambling and the urge to gamble. Such centers may be funded from the taxes collected and distributed to the city or county establishing the center under section 313.822. Such moneys shall be submitted to the state and credited to the "Compulsive Gamblers Fund", which is hereby established within the department of mental health. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the fund at the end of any biennium shall not be transferred to the credit of the general revenue fund. The department of mental health shall administer all programs, either directly or by contract, for compulsive gamblers. Any such person or family of such person requesting services for compulsive gambling from the outpatient center must prove by a preponderance of the evidence that his or her chronic and preoccupation with gambling and the urge to gamble was exacerbated by this proposed legislation establishing riverboat gambling in this state."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Bentley offered SA 3, which was read:

     Amend House Committee Substitute for House Bills Nos. 1159, 842 and 799, Page 8, Section 1, Line 5, by adding the following:

"After the effective date of this act, any ballot measure, pertaining to chapter 313, RSMo, approved by the voters, whether by initiative or referendum, shall be resubmitted to the same voters for approval if, amended or repealed at anytime by the General Assembly following initial voter approval of the state-wide ballot measure. No statute so amended or repealed by the general assembly shall take effect until the voters have by affirmative vote approved the amendments made by the General Assembly.".

     Senator Bentley moved that the above amendment be adopted.

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

     Senator Moseley offered SA 4:

     Amend House Committee Substitute for House Bills Nos. 1159, 842 and 799, Page 2, Section 313.010, Line 21, by inserting immediately thereafter the following:

     "313.015. 1. The commission shall issue a license for the conducting of bingo to any bona fide religious, charitable, fraternal, veteran or service organization or to any combination of eligible organizations, not to exceed five, which submits an application on a form prescribed by the director and which satisfies the director that such organization meets all of the requirements of sections 313.005 to 313.080. The burden of proof is at all times on the applicant to demonstrate by clear and convincing evidence its suitability to be licensed. Each license so issued shall expire at midnight one year from its date of issuance[, except that all licenses which are issued and in good standing on the June 28, 1994, shall remain valid until a new license is issued by the commission or until the current license is suspended or revoked by the commission pursuant to the provisions of section 313.070; however, all such licenses must be renewed, suspended or revoked within one year of June 28, 1994]. The commission, in its sole discretion, may reopen licensure hearings for any licensee at any time.

     2. An applicant may hold only one license and that license may not be transferred or assigned to any other organization other than the organization named in the license. Each licensed organization shall pay to the director an annual, nonrefundable license fee of fifty dollars; provided, however, each licensed organization which awards to winners of bingo games prizes or merchandise having an aggregate retail value of five thousand dollars or less annually and less than one hundred dollars in any single day shall pay to the director an annual fee of ten dollars to be paid into the state treasury to the credit of the gaming commission bingo fund. The director may, upon application made by a county fair organization or by an organization qualified to receive a regular license, issue a special license authorizing such organization to conduct bingo for the period of any fair, picnic, festival or celebration conducted by such qualified organization not exceeding one week and which is held not more than once annually, and a special licensee shall be exempt from the provisions of subdivisions (7) and (11) of section 313.040. Each organization receiving a special license shall pay to the director a fee of twenty-five dollars, to be paid into the state treasury to the credit of the gaming commission bingo fund.

     3. Any organization that obtains more than three special bingo licenses during any calendar year shall be required to file an annual report as required in section 313.045."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Singleton offered SA 5, which was read:

     Amend House Committee Substitute for House Bills Nos. 1159, 842 and 799, Page 5, Section 313.040, Line 65, by deleting following the word "prize" all of the remaining line and including line 66 to including all words including the comma ",".

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

     On motion of Senator McKenna, HCS for HBs 1159, 842 and 799, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Clay	Curls	DePasco
Ehlmann	Flotron	Goode	Graves
Howard	Johnson	Kinder	Lybyer
Mathewson	McKenna	Moseley	Quick
Schneider	Scott	Sims	Staples
Treppler	Wiggins--22
	Nays--Senators
Bentley	Caskey	House	Kenney
Klarich	Maxwell	Melton	Mueller
Rohrbach	Russell	Singleton	Westfall--12
	Absent--Senators--None
	Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     Senators Schneider and McKenna offered Senate Resolution No. 1404, regarding Mr. and Mrs. Bill Stobbs, Kirkwood, which was adopted.

     Senator Scott offered Senate Resolution No. 1405, regarding Jennifer Yawitz Phelps, which was adopted.

     Senator Scott offered Senate Resolution No. 1406, regarding Edna Staples, Eminence, which was adopted.

     Senator Kenney offered Senate Resolution No. 1407, regarding the fourth grade classes of Spring Branch Elementary School, which was adopted.

     On motion of Senator Banks, the Senate recessed until 1:30 p.m.

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

     CCS No. 4 for HCS for SS for SB 687, after having been duly signed by the Speaker of the House of Representatives in open session, was delivered to the Governor by the Secretary of the Senate.

     Senator Mathewson offered Senate Resolution No. 1408, regarding Dorothy Northrup, Odessa, which was adopted.

     Senator Mathewson offered Senate Resolution No. 1409, regarding Elaine Marsh, Concordia, which was adopted.

     Senator Mathewson offered Senate Resolution No. 1410, regarding Dahlman J. Davis, Odessa, which was adopted.

     Senator Mathewson offered Senate Resolution No. 1411, regarding Delmar Feeler, Odessa, which was adopted.

     Senator Mathewson offered Senate Resolution No. 1412, regarding David John Lundquist, Odessa, which was adopted.

     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 concurred in SCA 1, SA 2 to HB 773 and has again taken up and passed HB 773, as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HCS for HBs 1376 and 1501 and has again taken up and passed SCS for HCS for HBs 1376 and 1501.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SS for SCS for HB 974 and has taken up and passed CCS for SS for SCS for HB 974.

     Senator Goode moved that the Senate refuse to concur in HS for HCS for SS for SB 560, as amended, and request the House to recede from its position or failing to do so, grant the Senate a conference thereon, which motion prevailed.

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

     Mr. President: Your Committee on State Budget Control, to which was referred HS for HCS for HB 1172, with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

     Senator Staples moved that SB 780, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SB 780, as amended, entitled:

     An Act to repeal sections 386.020, 386.110, 386.210, 386.255, 386.310, 386.320, 386.330, 386.340, 386.350, 386.370, 386.410, 387.010, 387.020, 387.030, 387.040, 387.050, 387.060, 387.070, 387.080, 387.090, 387.100, 387.110, 387.111, 387.120, 387.130, 387.140, 387.150, 387.160, 387.170, 387.180, 387.190, 387.200, 387.210, 387.220, 387.230, 387.240, 387.250, 387.260, 387.270, 387.280, 387.290, 387.300, 387.310, 387.320, 387.330, 387.340, 387.350, 387.360, 387.370, 387.380, 387.390, 387.400, 389.610, 390.150, 508.070 and 622.010, RSMo 1994, relating to transportation regulation, and to enact in lieu thereof ninety-seven new sections relating to the same subject, with penalty provisions.

     Was taken up.

     Senator Staples moved that HCS for SB 780, as amended, be adopted, which motion prevailed by the following vote:

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

     On motion of Senator Staples, HCS for SB 780, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	House	Howard	Johnson
Klarich	Lybyer	Mathewson	Maxwell
McKenna	Moseley	Mueller	Quick
Russell	Schneider	Scott	Sims
Staples	Treppler	Westfall	Wiggins--28
	Nays--Senators
Graves	Kenney	Kinder	Melton
Rohrbach	Singleton--6
	Absent--Senators--None
	Absent with leave--Senators--None

     The President Pro Tem 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.

     Bill ordered enrolled.

     Senator Johnson moved that HS for HCS for HBs 1207, 1288, 1408 and 1409, with SCS, SS for SCS and SS No. 2 for SS for SCS (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SS No. 2 for SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409 was again taken up.

     At the request of Senator Caskey, SS No. 2 for SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409 was withdrawn.

     SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409 was again taken up.

     Senator Johnson offered SA 1:

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409, Page 3, Section 640.700, Line 8 of said page, by striking the semicolon ";" and inserting in lieu thereof a period "."; and further amend lines 9-19, by striking all of said lines; and

     Further amend said bill, pages 3-4, section 640.705, by striking all of said section; and

     Further amend said bill, page 8, section 640.730, lines 17-18 of said page, by striking the following: "and any other waste material storage facility"; and

     Further amend the title and enacting clause accordingly.

     Senator Johnson moved that the above amendment be adopted.

     Senator Caskey offered SA 1 to SA 1, which was read:

     Amend Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409, Page 3, Section 640.703, Lines 10-13 and 18-19, by deleting said lines.

     Senator Caskey moved that the above amendment be adopted.

     At the request of Senator Caskey, SA 1 to SA 1 was withdrawn.

     Senator Caskey offered SSA 1 for SA 1, which was read:

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409, page 3, Section 640.703, Line 8 of said page, by striking the semicolon ";" and inserting in lieu thereof a period "."; and further amend lines 9-14, by striking all of line 9 after "Sensitive areas," and all of lines 10-13 and "(c)" on line 14, and further strike "; and" on line 17 and lines 18-19; and

     Further amend said bill, pages 3-4, section 640.705, by striking all of said section; and

     Further amend said bill, page 8, section 640.730, lines 17-18 of said page, by striking the following: "and any other waste material storage facility"; and

     Further amend the title and enacting clause accordingly.

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

     Senator Caskey offered SA 2:

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409, Page 1, Section A, Line 5, by inserting immediately after said line the following:

     "65.652. Such township planning commission shall consist of the township trustee, the commissioner of the county commission who represents the township, one member of the township board selected by the township board, and one resident [freeholder] appointed by the township board from the unincorporated part of the township for a term of four years or until his successor takes office. The terms of all other members shall be only for the duration of their tenure of official position. All members of the township planning commission shall serve as such without compensation, except that an attendance fee as reimbursement for expenses, for not to exceed two meetings per month, may be paid to the [freeholder] resident member of the planning commission in an amount, as set by the township board, not to exceed fifteen dollars for each meeting. The planning commission shall elect its chairman who shall serve for one year.

     65.690. 1. Any township board which appointed a township planning or township zoning commission and which has adopted a zoning plan, as provided in sections 65.650 to 65.700, shall appoint a township board of zoning adjustment. The board shall consist of five [freeholders] residents, not more than one of whom may be a member of the township planning commission or the township zoning commission. The membership of the first board appointed shall serve respectively: one for one year, one for two years, one for three years, two for four years. Thereafter, members shall be appointed for terms of four years each. Members shall be removable for cause by the township board upon written charges and after public hearings. Vacancies shall be filled by the township board for the unexpired term of any member whose term becomes vacant. Members of the board shall serve without compensation, but may be reimbursed for expenses incurred for attendance at not more than four meetings per year in an amount to be set by the township board, not to exceed ten dollars per meeting. The board of zoning adjustment shall elect its own chairman and shall adopt rules of procedure consistent with the provisions of the zoning regulations and the provisions of sections 65.650 to 65.700. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of zoning adjustment shall be open to the public, and minutes shall be kept of all proceedings and official actions, which minutes shall be filed in the office of the board and shall be a public record. Appeals to the board of zoning adjustment may be taken by any owner, lessee or tenant of land, or by a public officer, department, board or bureau, affected by any decision of the administrative officer in administering a township zoning rule. Such appeals shall be taken within a period of not more than three months, and in the manner provided by the rules stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken shall certify to the board that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. The board of adjustment shall have the following powers and it shall be its duty:

     (1) To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by an administrative official in the enforcement of the township zoning regulations;

     (2) To hear and decide all matters referred to it or which it is required to determine under the zoning regulations adopted by the township board as herein provided;

     (3) Where, by reason of exceptional narrowness, shallowness, shape of topography or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any regulation adopted under sections 65.650 to 65.700 would result in peculiar and exceptional difficulties to or exceptional and demonstrable undue hardship upon the owner of the property as an unreasonable deprivation of use as distinguished from the mere grant of a privilege, to authorize, upon an appeal relating to the property, a variance from the strict application so as to relieve the demonstrable difficulties or hardships, provided the relief can be granted without substantial detriment to the public good and without substantially impairing the intent, purpose, and integrity of the zone plan as embodied in the zoning regulations and map.

     2. In exercising the above powers, the board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. Any owners, lessees or tenants of buildings, structures or land jointly or severally aggrieved by any decision of the board of adjustment may appeal to the township board for review. Any person aggrieved by a decision of the township board may present to the circuit court of the county in which the property affected is located, a petition, duly verified, stating that the decision is illegal in whole or in part, specifying the grounds of the illegality and asking for relief therefrom. Upon the presentation of the petition, the court shall allow a writ of certiorari directed to the board of adjustment or the township board, respectively, of the action taken and data and records acted upon, and may appoint a referee to take additional evidence in the case. The court may reverse or affirm or may modify the decision brought up for review. After entry of judgment in the circuit court in the action in review, any party to the cause may prosecute an appeal to the appellate court having jurisdiction in the same manner now or hereafter provided by law for appeals from other judgments of the circuit court in civil cases."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Graves offered SA 3:

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409, Page 2, Section 640.703, Line 24, by inserting immediately after said line, the following:

     "(1) "Animal units", shall be defined by rules of the department in effect as of January 30, 1996;"; and

     Further amend said section, Page 3, Line 2, by inserting immediately after said line, the following:

     "(2) "Class IA", any operation with a capacity in excess of seven thousand animal units;

     (3) "Class IB", any operation with a capacity of four thousand animal units to six thousand nine hundred and ninety-nine animal units;

     (4) "Class IIA", any operation with a capacity of at least one thousand animal units to three thousand nine hundred and ninety-nine animal units;

     (5) "Class IIB", any operation with a capacity of at least three hundred animal units to nine hundred ninety-nine animal units;"; and

     Further amend said section, by numbering all subdivisions correctly.

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

     Senator Mathewson offered SA 4, which was read:

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409, Page 6, Section 640.715, Line 15, by inserting immediately after "information" the following: "to the county governing body and".

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

     Senator Lybyer offered SA 5, which was read:

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409, Page 4, Section 640.705, Line 11 of said page, by deleting the word "and" on said line; and further on line 18 of said page, by deleting the period "." and inserting in lieu thereof "; and

     (4) The provisions of this section shall terminate three years after the effective date of this section.".

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

     Senator Johnson moved that SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409, as amended, be adopted, which motion prevailed.

     On motion of Senator Johnson, SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409, as amended, 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	Scott	Sims	Singleton
Staples	Treppler	Westfall	Wiggins--32
	Nays--Senator Bentley--1
	Absent--Senator Clay--1
	Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:

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

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

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

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

     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 664.

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

     Amend Senate Bill No. 664, Page 3, Section 381.412, Line 1, by deleting all of said line and inserting in lieu of the following: "381.412. 1. A"; and

     Further amend said bill, page 3, section 381.412, line 3, by deleting the word one and substituting in lieu thereof the following: "two".

     Amend Senate Bill No. 664, Page 4, Section 381.412, Line 36, by inserting after all of said line the following:

     "Section 1. 1. When required, an inspection for evidence of wood destroying insects in real estate transactions shall be performed by a certified commercial applicator or by a person working under the direct supervision of a certified commercial applicator, licensed to perform termite pest control pursuant to chapter 281, RSMo.

     2. No person shall hold himself or herself out as an inspector for evidence of wood destroying insects in real estate transactions unless such person is a certified commercial applicator or a person working under the direct supervision of a certified commercial applicator, licensed to perform termite pest control pursuant to chapter 281, RSMo. Any person who violates the provisions of this section shall be subject to a fine of not less than two hundred fifty dollars but not more than five hundred dollars."; and

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

     Amend House Amendment No. 3 to Senate Bill No. 664, Page 9, Section 13, Line 25, by deleting lines 25 through 28, and inserting the following:

     "14. The Fiduciary Responsibilities of an agent to a principal are as provided in sections 1-16 of this act. However, the common law shall supersede with respect to agent liability for negligence, fraud, misrepresentation, or breach of contract.".

     Amend Senate Bill No. 664, Page 4, Section 381.412, by inserting after said section, the following:     

     "Section 1. For purposes of sections 1 to 16 of this act, the following terms mean:

     (1) "Adverse material fact", a fact related to the physical condition of the property not reasonably ascertainable or known to a party which affects the value of the property;

     (2) "Affiliated licensee", any broker or salesperson who works under the supervision of a designated broker;

     (3) "Agent", a person or entity acting under the provisions of chapter 339, RSMo;

     (4) "Broker disclosure form", the current form prescribed by the commission for presentation to a seller, landlord, buyer or tenant who has not entered into a written agreement for brokerage services;

     (5) "Brokerage relationship", the relationship created between a designated broker, the broker's affiliated licensees, and a client relating to the performance of services of a broker as defined in section 339.010, RSMo, and sections 1 to 16 of this act;

     (6) "Client", a seller, landlord, buyer, or tenant who has entered into a brokerage relationship with a licensee pursuant to sections 1 to 16 of this act;

     (7) "Commission", the Missouri real estate commission;

     (8) "Confidential information", information made confidential by sections 1 to 16 of this act or any other statute or regulation, or written instructions from the client unless the information is made public or becomes public by the words or conduct of the client to whom the information pertains or by a source other than the licensee;

     (9) "Customer", a seller, landlord, buyer, or tenant in a real estate transaction in which a licensee is involved but who has not entered into a brokerage relationship with a licensee;

     (10) "Designated agent", a licensee named by a designated broker as the limited agent of a client as provided for in section 12 of this act;

     (11) "Designated broker", the individual licensed as a broker who is appointed by a partnership, association, limited liability corporation, or a corporation engaged in the real estate brokerage business to be responsible for the acts of the partnership, association, limited liability corporation, or corporation. Every real estate partnership, association, or limited liability corporation, or corporation shall appoint a designated broker;

     (12) "Dual agent", a limited agent who, with the written consent of all parties to a contemplated real estate transaction, has entered into a brokerage relationship with and therefore represents both the seller and buyer or both the landlord and tenant;

     (13) "Licensee", a real estate broker or salesperson as defined in section 339.010, RSMo;

     (14) "Limited agent", a licensee whose duties and obligations to a client are those set forth in sections 3 to 5 of this act;

     (15) "Ministerial acts", those acts that a licensee may perform for a person that are informative in nature and do not rise to the level of active representation on behalf of a person. Examples of these acts include, but are not limited to:

     (a) Responding to telephone inquiries by consumers as to the availability and pricing of brokerage services;

     (b) Responding to telephone inquiries from a person concerning the price or location of property;

     (c) Attending an open house and responding to questions about the property from a consumer;

     (d) Setting an appointment to view property;

     (e) Responding to questions of consumers walking into a licensee's office concerning brokerage services offered on particular properties;

     (f) Accompanying an appraiser, inspector, contractor, or similar third party on a visit to a property;

     (g) Describing a property or the property's condition in response to a person's inquiry;

     (h) Showing a customer through a property being sold by an owner on his or her own behalf; or

     (i) Referral to another broker or service provider;

     (16) "Single agent", a licensee who has entered into a brokerage relationship with and therefore represents only one party in a real estate transaction. A single agent may be one of the following:

     (a) "Buyer's agent", which shall mean a licensee who represents the buyer in a real estate transaction;

     (b) "Seller's agent", which shall mean a licensee who represents the seller in a real estate transaction; and

     (c) "Landlord's agent", which shall mean a licensee who represents a landlord in a leasing transaction;

     (d) "Tenant's agent", which shall mean a licensee who represents the tenant in a leasing transaction;

     (17) "Subagent", a designated broker, together with the broker's appointed agents, engaged by another designated broker to act as a limited agent for a client. A subagent owes the same obligations and responsibilities to the client pursuant to section 3 or 4 of this act as does the client's designated broker.

     Section 2. 1. A licensee's general duties and obligations arising from the limited agency relationship shall be disclosed in writing to the seller and the buyer or to the landlord and the tenant pursuant to sections 6 to 8 of this act. Alternatively, when engaged in any of the activities enumerated in section 339.010, RSMo, a licensee may act as an agent in any transaction in accordance with a written agreement as described in section 8 of this act.

     2. A licensee shall be considered a buyer's or tenant's limited agent unless:

     (1) The designated broker enters into a written seller's agent or landlord's agent agreement with the party to be represented pursuant to subsection 2 of section 8 of this act;

     (2) The designated broker enters into a subagency agreement with another designated broker pursuant to subsection 5 of section 8 of this act;

     (3) The designated broker enters into a written agency agreement pursuant to subsection 6 of section 8 of this act; or

     (4) The designated broker is performing ministerial acts.

     3. Sections 1 to 16 of this act do not obligate any buyer or tenant to pay compensation to a designated broker unless the buyer or tenant has entered into a written agreement with the designated broker specifying the compensation terms in accordance with subsection 3 of section 8 of this act.

     4. A licensee may work with a single party in separate transactions pursuant to different relationships, including, but not limited to, selling one property as a seller's agent and working with that seller in buying another property as a buyer's agent or as a subagent if the licensee complies with sections 1 to 16 of this act in establishing the relationships for each transaction.

     Section 3. 1. A licensee representing a seller or landlord as a seller's agent or a landlord's agent shall be a limited agent with the following duties and obligations:

     (1) To perform the terms of the written agreement made with the client;

     (2) To exercise reasonable skill and care for the client;

     (3) To promote the interests of the client with the utmost good faith, loyalty, and fidelity, including:

     (a) Seeking a price and terms which are acceptable to the client, except that the licensee shall not be obligated to seek additional offers to purchase the property while the property is subject to a contract for sale or to seek additional offers to lease the property while the property is subject to a lease or letter of intent to lease;

     (b) Presenting all written offers to and from the client in a timely manner regardless of whether the property is subject to a contract for sale or lease or a letter of intent to lease;

     (c) Disclosing to the client all adverse material facts actually known or that should have been known by the licensee; and

     (d) Advising the client to obtain expert advise as to material matters about which the licensee knows but the specifics of which are beyond the expertise of the licensee;

     (4) To account in a timely manner for all money and property received;

     (5) To comply with all requirements of sections 1 to 16 of this act, subsection 2 of section 339.100, RSMo, and any rules and regulations promulgated pursuant to those sections; and

     (6) To comply with any applicable federal, state, and local laws, rules, regulations, and ordinances, including fair housing and civil rights statutes and regulations.

     2. A licensee acting as a seller's or landlord's agent shall not disclose any confidential information about the client unless disclosure is required by statute, rule or regulation or failure to disclose the information would constitute a misrepresentation or unless disclosure is necessary to defend the affiliated licensee against an action of wrongful conduct in an administrative or judicial proceeding or before a professional committee. No cause of action shall arise against a licensee acting as a seller's or landlord's agent for making any required or permitted disclosure.

     3. A licensee acting as a seller's or landlord's agent owes no duty or obligation to a customer, except that a licensee shall disclose to any customer all adverse material facts actually known or that should have been known by the licensee. The adverse material facts may include facts pertaining to:

     (1) Environmental hazards affecting the property;

     (2) The physical condition of the property;

     (3) Material defects in the property;

     (4) Material defects in the title to the property;

     (5) Material limitation on the client's ability to perform under the terms of the contract.

A seller's or landlord's agent owes no duty to conduct an independent inspection of the property for the benefit of the customer and owes no duty to independently verify the accuracy or completeness of any statement made by the client or any independent inspector.

     4. A seller's or landlord's agent may show alternative properties not owned by the client to prospective buyers or tenants and may list competing properties for sale or lease without breaching any duty or obligation to the client.

     5. A seller or landlord may agree in writing with a seller's or landlord's agent that other designated brokers may be retained and compensated as subagents. Any designated broker acting as a subagent on the seller's or landlord's behalf shall be a limited agent with the obligations and responsibilities set forth in subsections 1 to 4 of this section.

     Section 4. 1. A licensee representing a buyer or tenant as a buyer's or tenant's agent shall be a limited agent with the following duties and obligations:

     (1) To perform the terms of any written agreement made with the client;

     (2) To exercise reasonable skill and care for the client;

     (3) To promote the interests of the client with the utmost good faith, loyalty, and fidelity, including:

     (a) Seeking a price and terms which are acceptable to the client, except that the licensee shall not be obligated to seek other properties while the client is a party to a contract to purchase property or to a lease or letter of intent to lease;

     (b) Presenting all written offers to and from the client in a timely manner regardless of whether the client is already a party to a contract to purchase property or is already a party to a contract or a letter of intent to lease;

     (c) Disclosing to the client adverse material facts actually known or that should have been known by the licensee; and

     (d) Advising the client to obtain expert advice as to material matters about which the licensee knows but the specifics of which are beyond the expertise of the licensee;

     (4) To account in a timely manner for all money and property received;

     (5) To comply with all requirements of sections 1 to 16 of this act, subsection 2 of section 339.100, RSMo, and any rules and regulations promulgated pursuant to those sections; and

     (6) To comply with any applicable federal, state, and local laws, rules, regulations, and ordinances, including fair housing and civil rights statutes or regulations.

     2. A licensee acting as a buyer's or tenant's agent shall not disclose any confidential information about the client unless disclosure is required by statute, rule, or regulation or failure to disclose the information would constitute a misrepresentation or unless disclosure is necessary to defend the affiliated licensee against an action of wrongful conduct in an administrative or judicial proceeding or before a professional committee. No cause of action for any person shall arise against a licensee acting as a buyer's or tenant's agent for making any required or permitted disclosure.

     3. A licensee acting as a buyer's or tenant's agent owes no duty or obligation to a customer, except that the licensee shall disclose to any customer all adverse material facts actually known or that should have been known by the licensee. The adverse material facts may include facts concerning the client's financial ability to perform the terms of the transaction. A buyer's or tenant's agent owes no duty to conduct an independent investigation of the client's financial condition for the benefit of the customer and owes no duty to independently verify the accuracy or completeness of statements made by the client or any independent inspector.

     4. A buyer's or tenant's agent may show properties in which the client is interested to other prospective buyers or tenants without breaching any duty or obligation to the client. This section shall not be construed to prohibit a buyer's or tenant's agent from showing competing buyers or tenants the same property and from assisting competing buyers or tenants in attempting to purchase or lease a particular property.

     5. A client may agree in writing with a buyer's or tenant's agent that other designated brokers may be retained and compensated as subagents. Any designated broker acting on the buyer's or tenant's behalf as a subagent shall be a limited agent with the obligations and responsibilities set forth in subsections 1 to 4 of this section.

     Section 5. 1. A licensee may act as a dual agent only with the consent of all parties to the transaction. Consent shall be presumed by a written agreement pursuant to section 8 of this act.

     2. A dual agent shall be a limited agent for both the seller and buyer or the landlord and tenant and shall have the duties and obligations required by sections 3 and 4 of this act unless otherwise provided for in this section.

     3. Except as provided in subsections 4 and 5 of this section, a dual agent may disclose any information to one client that the licensee gains from the other client if the information is material to the transaction unless it is confidential information as defined in section 1 of this act.

     4. The following information shall not be disclosed by a dual agent without the consent of the client to whom the information pertains:

     (1) That a buyer or tenant is willing to pay more than the purchase price or lease rate offered for the property;

     (2) That a seller or landlord is willing to accept less than the asking price or lease rate for the property;

     (3) What the motivating factors are for any client buying, selling, or leasing the property;

     (4) That a client will agree to financing terms other than those offered; and

     (5) The terms of any prior offers or counter offers made by any party.

     5. A dual agent shall not disclose to one client any confidential information about the other client unless the disclosure is required by statute, rule, or regulation or failure to disclose the information would constitute a misrepresentation or unless disclosure is necessary to defend the affiliated licensee against an action of wrongful conduct in an administrative or judicial proceeding or before a professional committee. No cause of action for any person shall arise against a dual agent for making any required or permitted disclosure. A dual agent does not terminate the dual agency relationship by making any required or permitted disclosure.

     6. In a dual agency relationship there shall be no imputation of knowledge or information between the client and the dual agent or among persons within an entity engaged as a dual agent.

     Section 6. 1. Every designated broker shall adopt a written policy which identifies and describes the relationships in which the designated broker and affiliated licensees may engage with any seller, landlord, buyer, or tenant as part of any real estate brokerage activities.

     2. A designated broker shall not be required to offer or engage in more than one of the brokerage relationships enumerated in section 2 of this act.

     Section 7. 1. At the earliest practicable opportunity during or following the first substantial contact by the designated broker or the affiliated licensees with a seller, landlord, buyer, or tenant who has not entered into a written agreement for services as described in subsection 15 of section 1 of this act, the licensee shall provide that person with a written copy of the current broker disclosure form which has been prescribed by the commission. If the prospective customer refuses to sign the disclosure, the licensee shall set forth, sign and date a written explanation of the facts of the refusal and the explanation shall be retained by the licensee's broker.

     2. When a seller, landlord, buyer, or tenant has already entered into a written agreement for services with a designated broker, no other licensee shall be required to make the disclosures required by this section.

     3. Before engaging in any of the activities enumerated in section 339.010, RSMo, a licensee working as an agent or subagent of the seller or landlord with a buyer or tenant who is not represented by a licensee shall provide to the customer the current broker disclosure form prescribed by the commission.

     4. Before engaging in any of the activities enumerated in section 339.010, RSMo, a licensee working as an agent or subagent of the buyer or tenant with a seller or landlord who is not represented by a licensee shall provide to the customer the current broker disclosure form prescribed by the commission.

     5. The written disclosure required pursuant to subsections 1, 3, and 4 of this section shall contain a signature block for the client or customer to acknowledge receipt of the disclosure. The customer's acknowledgment of disclosure shall not constitute a contract with the licensee. If the customer refuses to sign the disclosure, the licensee shall set forth, sign and date a written explanation of the facts of the refusal and the explanation shall be retained by the licensee's broker.

     6. Disclosures made in accordance with sections 1 to 16 of this act shall be sufficient as a matter of law to disclose brokerage relationships to the public.

     Section 8. 1. All written agreements for brokerage services on behalf of a seller, landlord, buyer, or tenant shall be entered into by the designated broker on behalf of that broker and affiliated licensees, except that the designated broker may authorize affiliated licensees in writing to enter into the written agreements on behalf of the designated broker.

     2. Before engaging in any of the activities enumerated in section 339.010, RSMo, a designated broker intending to establish a limited agency relationship with a seller or landlord shall enter into a written agency agreement with the party to be represented. The agreement shall include a licensee's duties and responsibilities specified in section 3 of this act and the terms of compensation and shall specify whether an offer of subagency may be made to any other designated broker.

     3. Before or while engaging in any acts enumerated in section 339.010, RSMo, except ministerial acts defined in section 1 of this act, a designated broker acting as a single agent for a buyer or tenant shall enter into a written agency agreement with the buyer or tenant. The agreement shall include a licensee's duties and responsibilities specified in section 4 of this act and the terms of compensation and shall specify whether an offer of subagency may be made to any other designated broker.

     4. Before engaging in any of the activities enumerated in 339.010, RSMo, a designated broker intending to act as a dual agent shall enter into a written agreement with the seller and buyer or landlord and tenant permitting the designated broker to serve as a dual agent. The agreement shall include a licensee's duties and responsibilities specified in section 5 of this act and the terms of compensation.

     5. Before engaging in any of the activities enumerated in section 339.010, RSMo, a designated broker intending to act as a subagent shall enter into a written agreement with the designated broker for the client. If a designated broker has made a unilateral offer of subagency, another designated broker can enter into the subagency relationship by the act of disclosing to the customer that he or she is a subagent of the client.

     6. Nothing contained in this section shall prohibit the public from entering into written contracts with any broker which contain duties, obligations, or responsibilities which are in addition to those specified in this section.

     Section 9. 1. The relationships set forth in this section commence on the effective date of the real estate broker's agreement and continue until performance, completion, termination or expiration of that agreement.

     2. A real estate broker and an affiliated licensee owe no further duty or obligation after termination, expiration, completion or performance of the brokerage agreement, except the duties of:

     (1) Accounting in a timely manner for all money and property related to, and received during, the relationship; and

     (2) Treating as confidential information provided by the client during the course of the relationship that may reasonably be expected to have a negative impact on the client's real estate activity unless:

     (a) The client to whom the information pertains grants written consent;

     (b) Disclosure of the information is required by law;

     (c) The information is made public or becomes public by the words or conduct of the client to whom the information pertains or from a source other than the real estate brokerage or the affiliated licensee; or

     (d) Disclosure is necessary to defend the designated broker or an affiliated licensee against an action of wrongful conduct in an administrative or judicial proceeding or before a professional committee.

     Section 10. 1. In any real estate transaction, the designated broker's compensation may be paid by the seller, the landlord, the buyer, the tenant, or a third party or by sharing the compensation between designated brokers.

     2. Payment of compensation by itself shall not establish an agency relationship between the party who paid the compensation and the designated broker or any affiliated licensee.

     3. A seller or landlord may agree that a designated broker or subagent may share with another designated broker the compensation paid by the seller or landlord.

     4. A buyer or tenant may agree that a designated broker or subagent may share with another designated broker the compensation paid by the buyer or tenant.

     5. A designated broker may be compensated by more than one party for services in a transaction with the knowledge of all the parties at or before the time of entering into a written contract to buy, sell, or lease.

     Section 11. 1. A client shall not be liable for a misrepresentation of such client's limited agent or subagent arising out of the limited agency agreement unless the client knew or should have known of the misrepresentation.

     2. A licensee who is serving as a limited agent or subagent of a client shall not be liable for misrepresentation of such licensee's client arising out of the brokerage agreement unless the licensee knew or should have known of the misrepresentation.

     3. A licensee who is serving as a limited agent of a client shall not be liable for a misrepresentation of any subagent unless the licensee knew or should have known of the misrepresentation. A broker shall not be liable for misrepresentation of an affiliated licensee unless the broker knew or should have known of the misrepresentation.

     4. A licensee who is serving as a subagent shall not be liable for a misrepresentation of the limited agent unless the subagent knew or should have known of the misrepresentation.

     Section 12. A designated broker entering into a limited agency agreement with a client for the listing of property or for the purpose of representing that person in the buying, selling, exchanging, renting, or leasing of real estate may appoint in writing affiliated licensees as designated agents to the exclusion of all other affiliated licensees. A designated broker shall not be considered to be a dual agent solely because such broker makes an appointment under this section, except that any licensee who personally represents both the seller and buyer or both the landlord and tenant in a particular transaction shall be a dual agent and shall be required to comply with the provisions governing dual agents.

     Section 13. 1. All designated agents to the extent allowed by their licenses shall have the same duties and responsibilities to the client and customer pursuant to sections 3 to 5 of this act as the designated broker except as provided in section 12 of this act.

     2. All affiliated licensees have the same protections from vicarious liability as provided in sections 1 to 16 of this act as does their designated broker.

     Section 14. Sections 1 to 16 of this act shall supersede the duties and responsibilities of the parties under the common law, including fiduciary responsibilities of an agent to a principal, except as provided in subsection 6 of section 8 of this act. Sections 1 to 16 of this act shall be construed broadly to accomplish their purposes.

     Section 15. The commission shall adopt and promulgate rules and regulations to carry out sections 1 to 16 of this act. No rule or portion of a rule promulgated pursuant to the authority of sections 1 to 16 of this act shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     Section 16. Sections 1 to 16 of this act shall become effective on September 1, 1997.";

     And further amend the title and enacting clause accordingly.

     Amend Senate Bill No. 664, Page 6, by inserting at the end of said bill, section 375.020, by adding in subsection 2 after subsection (g) after the words "...compensation for services." the following:

     (h) any course or program of instruction approved for use to meet professional continuing education in another Missouri profession, as required by law, which course or program relates to the topic of insurance.; and

     Further amend the title accordingly.

     In which the concurrence of the Senate is respectfully requested.

     Senator Klarich moved that the Senate refuse to concur in HAs 1, 2, 3 and 4 to SB 644 and request the House to recede from its position or failing to do so, grant the Senate a conference thereon, which motion prevailed.

     Senator Sims, on behalf of the conference committee appointed to act with a like committee from the House on SS for SCS for HB 974, submitted the following conference committee report:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Substitute for Senate Committee Substitute for House Bill No. 974, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Bill No. 974;

     2. That the Senate recede from its position on Senate Substitute for Senate Committee Substitute for House Bill No. 974;

     3. That the attached Conference Committee Substitute be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Betty Sims       /s/ Wayne Crump

/s/ Joe Moseley      /s/ Robert M. Clayton III

/s/ Bill McKenna      /s/ Chuck Gross

/s/ Roseann Bentley      /s/ Dale Whiteside

/s/ Harry Wiggins      /s/ Steve Gaw

     Senator Sims 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

     President Pro Tem Mathewson resumed the Chair.

     On motion of Senator Sims, CCS for SS for SCS for SB 974, entitled:

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

     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 Sims, title to the bill was agreed to.

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

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

     HCS for HB 999, with SCS, entitled:

     An Act to repeal section 334.735, RSMo 1994, and sections 334.500 and 334.740, RSMo Supp. 1995, relating to licensing and regulating certain health care professionals, and to enact in lieu thereof twenty-five new sections relating to the same subject, with penalty provisions.

     Was taken up by Senator McKenna.

     SCS for HCS for HB 999, entitled:

     An Act to repeal sections 334.735 and 334.745 RSMo 1994, and sections 334.500 and 334.740, RSMo Supp. 1995, relating to licensing and regulating certain health care professionals, and to enact in lieu thereof twenty-eight new sections relating to the same subject, with penalty provisions.

     Was taken up.

     Senator McKenna moved that SCS for HCS for HB 999 be adopted.

     Senator McKenna offered SA 1:

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 999, Page 2, Section 334.650, Line 1, by inserting before the word "After" the number "1."; and

     Further amend said bill, Page 2, Section 334.650, Line 3, by inserting after all of said line the following:

     "2. A licensed physical therapist shall direct and supervise a physical therapist assistant at all times. The licensed physical therapist shall have the responsibility of supervising the physical therapy treatment program. No physical therapist may establish a treating office in which the physical therapist assistant is the primary care provider.".

     Senator McKenna moved that the above amendment be adopted.

     Senator Kenney offered SA 1 to SA 1, which was read:

     Amend Senate Amendment No. 1 to Senate Committee Substitute for House Committee Substitute for House Bill No. 999, by adding at the end the following new sentence:

"No licensed physical therapist shall have under their direct supervision more than four (4) physical therapist assistants.".

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

     Senator McKenna moved that SA 1, as amended, be adopted, which motion prevailed.

     Senator McKenna offered SA 2:

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 999, Page 1, Section A, Line 6 by inserting immediately after said line, the following:

     "334.123. The board shall elect its own president and secretary, each to serve for a term of one year, and shall maintain an office and employ an executive director and such other board personnel, as defined in section 620.010, RSMo, as the board in its discretion deems necessary. Without limiting the foregoing, the board is specifically authorized to obtain the services of specially trained and qualified persons or organizations to assist in conducting examinations of applicants for licenses and may employ legal counsel. The executive director shall have the degree of Bachelor of Arts or [its] the equivalent [in college credits] combination of education and experience from which comparable knowledge and abilities can be acquired. The board shall meet annually in Jefferson City and at such other times and places as the members of the board may designate, and shall keep a record of its proceedings and shall cause a register to be kept of all applicants for certificates of licensure. The records and register shall be prima facie evidence of all matters recorded therein. Four members of the board shall constitute a quorum, at least one of whom shall be a graduate of a professional school approved and accredited as reputable by the American Medical Association or the Liaison Committee on Medical Education, and at least one of whom shall be a graduate of a professional school approved and accredited as reputable by the American Osteopathic Association."; and

     Further amend said bill, pages 27-28, section 15, lines 1-43, by deleting all of said lines"; and

     Further amend the title and enacting clause accordingly.

     Senator McKenna moved that the above amendment be adopted.

     Senator Schneider offered SSA 1 for SA 2, which was read:

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 999, Page 27, Section 15, Line 4, by adding after "RSMo": "and within two years of the date the board receives notice of an alledged violation".

     Senator Schneider moved that the above substitute amendment be adopted.

     At the request of Senator Schneider, SSA 1 for SA 2 was withdrawn.

     Senator Quick assumed the Chair.

     SA 2 was again taken up.

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

     Senator Johnson offered SA 3:

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 999, Page 1, Section A, Line 6 by inserting immediately after said line the following:

     "324.001. 1. Sections 324.001 to 324.040 of this act shall be known and may be cited as the "Dietitian Practice Act".

     2. As used in sections 324.001 to 324.040 of this act, the following terms mean:

     (1) "Committee", the state committee of dietitians;

     (2) "Dietitian", a health care professional engaged in the practice of medical nutrition therapy;

     (3) "Director", the director of the division of professional registration in the department of economic development;

     (4) "Division", the division of professional registration of the department of economic development;

     (5) "Licensed dietitian", a person who is licensed pursuant to the provisions of sections 324.001 to 324.040 of this act to engage in the practice of medical nutrition therapy.

     (6) "Medical nutrition therapy", a range of specific medical nutrition therapies identified by medical professionals, and based on clinical research and experience, which are used to treat illness and injuries and involve:

     (a) Assessment of the nutritional status of patients with conditions, illness or injury that would include medical nutrition therapy as part of the course of treatment. The assessment includes review and analysis of medical and diet history, blood chemistry lab values, and anthropometric measure-ments to determine nutritional status and treatment modalities;

     (b) Therapy ranges from diet modification to administration of specialized nutrition therapies such as enteral nutrition via tube feedings or parenteral nutrition via intravenous medical nutritional products which are necessary to manage a condition or treat illness or injury;

     (c) The administration of medical nutrition therapy and treatment modalities as prescribed by a person licensed in this state to prescribe such medical nutrition therapies and treatment modalities;

     (d) The evaluation and quality improvement in the standards of delivery of medical nutrition therapy in accordance with guidelines set forth by nationally recognized health care accrediting agencies; or

     (e) The training and supervision of other persons in the performance of any of the activities provided in paragraphs (a) to (d) of this subdivision.

     324.003. 1. There is hereby established the "State Committee of Dietitians" which shall guide, advise and make recommendations to the division and fulfill other responsibilities designated by sections 324.001 to 324.040 of this act. The committee shall approve the examination required by section 324.015 of this act and shall assist the division in carrying out the provisions of sections 324.001 to 324.040 of this act.

     2. The committee shall consist of six members, including one public member, appointed by the governor with the advice and consent of the senate. Each member of the committee shall be a citizen of the United States and a resident of this state and, except as provided in this section, shall be licensed as a dietitian by this state. Beginning with the first appointments made after August 28, 1996, two members shall be appointed for four years, two members shall be appointed for three years and two members shall be appointed for two years. Thereafter, all members shall be appointed to serve four-year terms. No person shall be eligible for reappointment who has served as a member of the committee for a total of eight years. The membership of the committee shall reflect the differences in levels of education and work experience with consideration being given to race, gender and ethnic origins. No more than three members shall be from the same political party. The membership shall be representative of the various geographic regions of the state.

     3. A vacancy in the office of a member shall be filled by appointment by the governor for the remainder of the unexpired term.

     4. Each member of the committee shall receive as compensation, an amount set by the committee not to exceed fifty dollars for each day devoted to the affairs of the committee, and shall be reimbursed for necessary and actual expenses incurred in the performance of the member's official duties. All staff for the committee shall be provided by the division.

     5. The committee shall hold an annual meeting at which it shall elect from its membership a chairperson and secretary. The committee may hold such additional meetings as may be required in the performance of its duties, provided that notice of every meeting shall be given to each member at least three days prior to the date of the meeting. A quorum of the board shall consist of a majority of its members.

     6. The governor may remove a committee member for misconduct, incompetency, neglect of the member's official duties, or for cause.

     7. The public member shall be at the time of the person's appointment a citizen of the United States; a resident of this state for a period of one year and a registered voter; a person who is not and never was a member of any profession licensed or regulated by sections 324.001 to 324.040 of this act or the spouse of such person; and a person who does not have and never has had a material financial interest in either the providing of the professional services regulated by sections 324.001 to 324.040 of this act, or an activity or organization directly related to any profession licensed or regulated by sections 324.001 to 324.040 of this act. The duties of the public member shall not include the determination of the technical requirements to be met for licensure or whether any person meets such technical requirements or of the technical competence or technical judgment of a licensee or a candidate for licensure.

     324.006. 1. After July 1, 1997, no person may use the title licensed dietitian, dietitian or L.D. and engage in the practice of medical nutrition therapy in this state unless the person is licensed pursuant to the provisions of sections 324.001 to 324.040 of this act.

     2. If the person does not use the title, dietitian, licensed dietitian or L.D., or any way represent that the person is a licensed dietitian, sections 324.001 to 324.040 of this act shall not apply to the furnishing of verbal nutrition information as an operator or employee of a weight loss program or a business that sells health products, including dietary supplements, foods or food materials or disseminating written nutrition information in connection with the distribution of such products.

     3. Sections 324.001 to 324.040 of this act shall not apply to:

     (1) Any person registered, certificated or licensed by this state, another state, or any recognized national certification agent acceptable to the division to practice any other occupation or profession while rendering services similar in nature to dietetics in the performance of the occupation or profession which the person is registered, certificated or licensed; or

     (2) The practice of any dietitian who is employed, prior to the effective date of this act, by any agency or department of the state of Missouri while discharging the person's duties in that capacity.

     4. Any person who violates the provisions of subsection 1 of this section is guilty of a class A misdemeanor.

     324.009. 1. Nothing in sections 324.001 to 324.040 of this act shall be construed to authorize any person licensed pursuant to sections 324.001 to 324.040 of this act as a licensed dietitian to engage in any manner of the practice of medicine as defined by the laws of this state.

     2. Any person licensed pursuant to sections 324.001 to 324.040 of this act as a licensed dietitian shall practice medical nutrition therapy only within the scope of the person's education and training as provided in sections 324.001 to 324.040 of this act.

     324.015. 1. An applicant for licensure as a dietitian shall be at least twenty-one years of age.

     2. Each applicant shall furnish evidence to the division that:

     (1) The applicant has completed a didactic program in dietetics which is approved or accredited by the Commission on Accreditation/Approval for Dietetic Education and a minimum of a baccalaureate degree from an acceptable educational institution accredited by a regional accrediting body or accredited by an accrediting body which has been approved by the United States Department of Education. Applicants who have obtained their education outside of the United States and its territories must have their academic degrees validated as equivalent to the baccalaureate or master's degree conferred by a regionally accredited college or university in the United States. Validation of a foreign degree does not eliminate the need for a verification statement of completion of a didactic program in dietetics;

     (2) The applicant has completed a supervised practice requirement from an institution that is certified by a nationally recognized professional organization as having a dietetics specialty or who meets criteria for dietetics education established by the committee. The committee may promulgate rules specifying which professional organization certifications are to be recognized and may set standards for education, training and experience required for those without such specialty certification to become dietitians.

     3. The applicant shall successfully pass an examination as determined by the committee pursuant to administrative rules. The committee may waive the examination requirement and grant licensure to an applicant for a license as a dietitian who:

     (1) Presents satisfactory evidence to the committee of current registration as a dietitian with the Commission on Dietetic Registration; or

     (2) For a period of six months from July 1, 1997, a person may apply for licensure without examination and shall be exempt from the academic requirements of sections 324.001 to 324.040 of this act if the committee is satisfied that the applicant:

     (a) Has been a resident of the state of Missouri for at least the last six months; and

     (b) Holds a valid license as a dietitian from another state; or

     (c) Has a bachelor's degree in a program approved by the division, and work experience approved by the division.

     4. The division may determine by rule the type of documentation needed to verify that an applicant meets the qualifications provided in subsection 3 of this section.

     324.020. 1. Applications for licensure as a dietitian shall be in writing, submitted to the division on forms prescribed by the division and furnished to the applicant. The application shall contain the applicant's statements showing the applicant's education, experience and such other information as the division may require. Each application shall contain a statement that it is made under oath or affirmation and that the information contained therein is true and correct to the best knowledge and belief of the applicant, subject to the penalties provided for the making of a false affidavit or declaration. Each application shall be accompanied by the fees required by the division.

     2. The division shall mail a renewal notice to the last known address of each licensee prior to the licensure renewal date. Failure to provide the division with the information required for licensure, or to pay the licensure fee after such notice shall effect a revocation of the license after a period of sixty days from the licensure renewal date. The license shall be restored if, within two years of the licensure date, the applicant submits a written application and pays the licensure fee and a delinquency fee.

     3. A new certificate to replace any certificate lost, destroyed or mutilated may be issued subject to the rules of the division upon payment of a fee.

     4. The division shall set by rule the appropriate amount of fees authorized herein. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering the provisions of sections 324.001 to 324.040 of this act. All fees provided for in sections 324.001 to 324.040 of this act shall be collected by the director who shall transmit the funds to the director of revenue to be deposited in the state treasury to the credit of the "Dietitian Fund" which is hereby created.

     5. The provisions of section 33.080, RSMo, to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriations from the dietitian fund for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the dietitian fund for the preceding fiscal year.

     324.025. 1. The division shall issue a license to each candidate who files an application and pays the fee as required by the provisions of sections 324.001 to 324.040 of this act and who furnishes evidence satisfactory to the committee that the candidate has complied with the provisions of section 324.015 of this act or with the provisions of subsection 2 of this section.

     2. The division shall issue a license to any dietitian who is currently licensed in another jurisdiction and has no violation, suspension or revocation of a license to practice medical nutrition therapy in any jurisdiction, provided that, such person is licensed in a jurisdiction whose requirements for licensure are substantially equal to, or greater than, the requirements for licensure of dietitians in Missouri at the time the applicant applies for licensure.

     3. The division shall not allow any person to sit for the examination for licensure as a dietitian in this state who has failed the examination as approved by the committee three times, until the applicant submits evidence of satisfactory completion of additional course work or experience and has been approved by the committee for reexamination.

     324.030. 1. The division may refuse to issue any license or renew any license required by the provisions of sections 324.001 to 324.040 of this act for one or any combination of reasons stated in subsection 2 of this section. The division shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of the right to file a complaint with the administrative hearing commission as provided in chapter 621, RSMo.

     2. The division may cause a complaint to be filed with the administrative hearing commission as provided in chapter 621, RSMo, against the holder of any license required by sections 324.001 to 324.040 of this act or any person who has failed to renew or has surrendered the person's license for any one or any combination of the following causes:

     (1) Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of a dietitian;

     (2) Use of any controlled substance, as defined in chapter 195, RSMo, or alcoholic beverage, to an extent that such use impairs a person's ability to engage in the occupation of dietetics; except for the fact that a person has undergone treatment for past substance or alcohol abuse or has participated in a recovery program, shall not by itself be cause for refusal to issue or renew a license;

     (3) The person has been fully adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of a dietitian, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed;

     (4) Use of fraud, deception, misrepresentation or bribery in securing a license issued pursuant to the provisions of sections 324.001 to 324.040 of this act or in obtaining permission to take the examination required pursuant to sections 324.001 to 324.040 of this act;

     (5) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;

     (6) Violation of, or assisting or enabling any person to violate, any provision of sections 324.001 to 324.040 of this act, or of any lawful rule or regulation adopted pursuant to sections 324.001 to 324.040 of this act;

     (7) Impersonation of any person holding a license or allowing any person to use his or her license or diploma from any school;

     (8) Revocation or suspension of a license or other right to practice medical nutrition therapy by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state;

     (9) Final adjudication as incapacitated by a court of competent jurisdiction;

     (10) Assisting or enabling any person to practice or offer to practice medical nutrition therapy who is not licensed or currently eligible to practice pursuant to the provisions of sections 324.001 to 324.040 of this act;

     (11) Obtaining a license based upon a material mistake of fact;

     (12) Failure to display a valid license if so required by sections 324.001 to 324.040 of this act or any rule promulgated pursuant thereto;

     (13) Violation of any professional trust or confidence;

     (14) Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed;

     (15) Being guilty of unethical conduct as defined in the ethical standards for dietitians adopted by the committee pursuant to administrative rule.

     3. Any person, organization, association or corporation who reports or provides information to the division pursuant to the provisions of sections 324.001 to 324.040 of this act and who does so in good faith shall not be subject to an action for civil damages as a result thereof.

     4. After the filing of a complaint pursuant to subsection 2 of this section, the proceedings shall be conducted in accordance with the provisions of chapter 621, RSMo. Upon a finding by the administrative hearing commission that the grounds, provided in subsection 2 of this section, for disciplinary action are met, the division may, singly or in combination, censure or place the person named in the complaint on probation on such terms and conditions as the division deems appropriate for a period not to exceed three years, or revoke the license of the person.

     5. The division shall maintain an information file containing each complaint filed with the division relating to a holder of a license, the division, at least quarterly, shall notify the complainant and holder of a license of the complaint's status until final disposition.

     324.035. 1. The division shall:

     (1) Recommend for prosecution violations of sections 324.001 to 324.040 of this act to the appropriate prosecuting or circuit attorney;

     (2) Employ, within the funds appropriated, such employees as are necessary to carry out the provisions of sections 324.001 to 324.040 of this act;

     (3) Exercise all budgeting, purchasing, reporting and other related management functions;

     (4) Promulgate, with the advice and consent of the committee, such rules and regulations as are necessary to administer the provisions of sections 324.001 to 324.040 of this act.

     2. No rule or portion of a rule promulgated under the authority of sections 324.001 to 324.040 of this act shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     324.040. 1. No provision of sections 324.001 to 324.040 of this act shall be construed to mandate benefits or third-party reimbursement for services of dietitians in the policies or contract of any insurance company, health services corporation or other third-party payor.

     2. No provision of sections 324.001 to 324.040 of this act shall be construed to effect procedures for billing for dietitian services provided by agencies, corporations or organizations that employ licensed dietitians."; and

     Further amend the title and enacting clause accordingly.

     Senator Johnson moved that the above amendment be adopted.

     Senator Klarich raised the point of order that SA 3 is out of order in that the amendment goes beyond the scope and title of the bill.

     Senator Melton raised a further point of order that the subject matter of SA 3 is not connected and not germane to any part of the subject matter contained in the bill under consideration and goes beyond the scope and purpose of the bill and clearly violates the prohibition as set forth in Rule 54, and also violates Rule 57 by attempting to insert a second subject into the bill.

     The point of order was referred to the President Pro Tem, who ruled it well taken, rendering Senator Klarich's point of order moot.

     Senator Howard offered SA 4:

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 999, Page 12, Section 334.749, Line 39 by inserting immediately after said line, the following:

     337.020. 1. Each person desiring to obtain a license as a psychologist shall make application to the committee upon such forms and in such manner as may be prescribed by the committee and shall pay the required application fee. The application fee shall not be refundable. Each application shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing same, subject to the penalties of making a false affidavit or declaration.

     2. Each applicant shall submit evidence satisfactory to the committee that he is at least twenty-one years of age, is of good moral character, and meets the appropriate educational and supervised training requirements as set forth in either section 337.021 or 337.025, or is qualified for licensure without examination pursuant to section 337.029. In determining the acceptability of the applicant's qualifications, the committee may require evidence that it deems reasonable and proper, in accordance with law, and the applicant shall furnish the evidence in the manner required by the committee.

     3. The committee with assistance from the division shall license and register as a psychologist any applicant who, in addition to having fulfilled the other requirements of sections 337.010 to 337.090, passes the Examination for Professional Practice in Psychology or such other examination in psychology which may be adopted by the committee, except that an applicant fulfilling the requirement of section 337.029 shall be licensed without examination.

     4. Written and oral examinations under sections 337.010 to 337.090 shall be administered by the committee at least twice each year to those applicants who meet the other requirements for licensure. The committee shall examine in the areas of professional knowledge, techniques and applications, research and its interpretation, professional affairs, ethics, and Missouri law and regulations governing the practice of psychology. The committee may use, in whole or in part, the Examination for Professional Practice in Psychology national examination in psychology or such other national examination in psychology which may be available.

     5. If an applicant fails any examination, he shall be permitted to take a subsequent examination, upon the payment of an additional reexamination fee. This reexamination fee shall not be refundable.

     [6. The provisions of this chapter shall not apply to hypnotherapists.]

     337.030. 1. Each psychologist licensed [under] pursuant to the provisions of sections 337.010 to 337.090, who has not filed with the committee a verified statement that [he] the psychologist has retired from or terminated [his] the psychologist's practice of psychology in this state, shall register with the division on or before the registration renewal date. The division shall require a registration fee which shall be submitted together with [the] proof of compliance with the continuing education requirement as provided in section 337.050 and any other information required for such registration. Upon receipt of the required [information] material and of the registration fee, the division shall issue a renewal certificate of registration. The division shall, when issuing an initial license to an applicant who has met all of the qualifications of [this act] sections 337.010 to 337.093 and has been approved for licensure by the committee shall grant [him] the applicant, without payment of any further fee, a certificate of registration valid until the next registration renewal date.

     2. The division shall mail a renewal notice to the last known address of each licensee prior to the registration renewal date. Failure to provide the division with the proof of compliance with the continuing education requirement and other information required for registration, or to pay the registration fee after such notice shall effect a revocation of the license after a period of sixty days from the registration renewal date. The license shall be restored if, within two years of the registration renewal date, the applicant provides written application and the payment of the registration fee and a delinquency fee and proof of compliance with the requirements for continuing education as provided in section 337.050.

     3. A new certificate to replace any certificate lost, destroyed or mutilated may be issued subject to the rules of the committee, upon payment of a reasonable fee.

     4. The committee shall set the amount of the fees [which this chapter authorizes and requires] authorized by sections 337.010 to 337.093 and required by rules and regulations promulgated pursuant to section 536.021, RSMo. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering [this chapter] sections 337.010 to 337.050.

     337.045. Nothing in sections 337.010 to 337.090 shall in any way limit:

     (1) Qualified members of other professional groups such as teachers, clergymen, practitioners of medicine, practitioners of chiropractic, practitioners of optometry, licensed professional counselors, attorneys, licensed clinical social workers, vocational counselors, vocational rehabilitation counselors, nurses, or duly accredited Christian Science practitioners from doing work of a psychological nature consistent with their training and consistent with any code of ethics of their respective professions; or

     (2) The activities, services, or use of official title on the part of any person in the employ of a governmental agency, or of a duly chartered educational institution, or of a corporation primarily engaged in research, insofar as such activities or services are part of the duties of his employment, except that any person hired after August 28, 1996, must be in the process of meeting the required hours of supervised professional experience or must be a licensed psychologist; or

     (3) Other persons from engaging in activities defined as the practice of psychology, provided that such persons shall not represent themselves by the title "psychologist". Such persons may use the terms "psychological trainee", "psychological intern", "psychological resident", and "psychological assistant" and provided further that such persons perform their activities under the supervision and responsibility of a licensed psychologist in accordance with regulations promulgated by the committee. Nothing in this subsection shall be construed to apply to any person other than:

     (a) A matriculated graduate student in psychology whose activities constitute a part of the course of study for a graduate degree in psychology at a recognized educational institution;

     (b) An individual pursuing postdoctoral training or experience in psychology, including persons seeking to fulfill the requirements for licensure under the provisions of this act;

     (c) A qualified assistant employed by, or otherwise directly accountable to, a licensed psychologist; or

     (4) The use of psychological techniques by government institutions, commercial organizations or individuals for employment, evaluation, promotion or job adjustment of their own employees or employee-applicants, or by employment agencies for evaluation of their own clients prior to recommendation for employment; provided that no government institution, commercial organization or individual shall sell or offer these services to the public or to other firms, organizations or individuals for remuneration, unless the services are performed or supervised by a person licensed and registered under sections 337.010 to 337.090; or

     (5) The practice of psychology in the state of Missouri for a temporary period as hereinafter provided by a person who resides outside the state of Missouri, and who is licensed or certified to practice psychology in another state and conducts the major part of his practice outside the state. The temporary period shall not exceed ten consecutive business days in any period of ninety days, nor in the aggregate exceed fifteen business days in any nine-month period; or

     (6) The provision of expert testimony by psychologists or other persons who are otherwise exempted by sections 337.010 to 337.090; or

     (7) The teaching of psychology, the conduct of psychological research, or the provision of psychological services or consultations to organizations or institutions, provided that such teaching, research, or service does not involve the delivery or supervision of direct psychological services to individuals or groups of individuals; or

     (8) School psychologists certified under the program standards of the National Association of School Psychologists who are employed in a duly accredited school so long as the individual is performing services within the scope of his employment for such school and within the scope of his education, training and experience; or

     (9) Psychotherapy activities or services performed by an individual with a doctoral decree in anthropology; provided that said degree was received on or prior to December 31, 1989, and which was from an educational institution accredited by one of the regional accrediting associations approved by the council on postsecondary accreditation; and provided further that said individual has completed at least twenty-four months of supervised clinical experience in psychotherapy under the supervision of a physician; or

     (10) A social worker who has a master's or a doctorate degree from a college or university program of social work accredited by the council on social work education and who has twenty-four months of supervised clinical experience.

     337.050. 1. There is hereby created and established a "State Committee of Psychologists", which shall consist of seven licensed psychologists and one public member. The state committee of psychologists existing on August 28, 1989, is abolished. Nothing [herein] in this section shall be construed to prevent the appointment of any current member of the state committee of psychologists to the new state committee of psychologists created on August 28, 1989.

     2. Appointments to the committee shall be made by the governor upon the recommendations of the director of the department, upon the advice and consent of the senate. The department, prior to submitting nominations, shall solicit nominees from professional psychological associations and licensed psychologists in the state. The term of office for committee members shall be five years, and committee members shall not serve more than ten years. No person who has previously served on the committee for ten years shall be eligible for appointment. In making initial appointments to the committee, the governor shall stagger the terms of the appointees so that two members serve initial terms of two years, two members serve initial terms of three years, and two members serve initial terms of four years.

     3. Each committee member shall be a resident of the state of Missouri for one year, shall be a United States citizen, and shall, other than the public member, have been licensed as a psychologist in this state for at least three years. Committee members shall reflect a diversity of practice specialties. To ensure adequate representation of the diverse fields of psychology, the committee shall consist of at least two psychologists who are engaged full time in the doctoral teaching and training of psychologists, and at least two psychologists who are engaged full time in the professional practice of psychology. In addition, the first appointment to the committee shall include at least one psychologist who shall be licensed on the basis of a master's degree who shall serve a full term of five years. Nothing in sections 337.010 to 337.090 shall be construed to prohibit full membership rights on the committee for psychologists licensed on the basis of a master's degree. If a member of the committee shall, during [his] the member's term as a committee member, remove [his] the member's domicile from the state of Missouri, then the committee shall immediately notify the director of the division, and the seat of that committee member shall be declared vacant. All such vacancies shall be filled by appointment of the governor with the advice and consent of the senate, and the member so appointed shall serve for the unexpired term of the member whose seat has been declared vacant.

     4. The public member shall be at the time of [his] the public member's appointment a citizen of the United States; a resident of this state for a period of one year and a registered voter; a person who is not and never was a member of any profession licensed or regulated under this chapter or the spouse of such person; and a person who does not have and never has had a material, financial interest in either the providing of the professional services regulated by [this chapter] sections 337.010 to 337.093, or an activity or organization directly related to any profession licensed or regulated [under this chapter] pursuant to sections 337.010 to 337.093. The duties of the public member shall not include the determination of the technical requirements to be met for licensure or whether any person meets such technical requirements or of the technical competence or technical judgment of a licensee or a candidate for licensure.

     5. The committee shall hold a regular annual meeting at which it shall select from among its members a chairperson and a secretary. A quorum of the committee shall consist of a majority of its members. In the absence of the chairperson, the secretary shall conduct the office of the chairperson.

     6. Each member of the committee shall receive, as compensation, an amount set by the division not to exceed fifty dollars for each day devoted to the affairs of the committee and shall be entitled to reimbursement for necessary and actual expenses incurred in the performance of [his] the member's official duties.

     7. Staff for the committee shall be provided by the director of the department of economic development, through the director of the division of professional registration.

     8. The governor may remove any member of the committee for misconduct, inefficiency, incompetency, or neglect of office.

     9. In addition to the powers set forth elsewhere in sections 337.010 to 337.090, the division may adopt rules and regulations, not otherwise inconsistent with sections 337.010 to 337.090, to carry out the provisions of sections 337.010 to 337.090. No rule shall be adopted except in accordance with the procedures set forth in chapter 536, RSMo. The committee may promulgate, by rule, "Ethical Rules of Conduct" governing the practices of psychology which rules shall be based upon the ethical principles promulgated and published by the American Psychological Association.

     10. No rule or portion of a rule promulgated under the authority of sections 337.010 to 337.090 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     11. The committee may sue and be sued in its official name, and shall have a seal which shall be affixed to all certified copies or records and papers on file, and to such other instruments as the committee may direct. All courts shall take judicial notice of such seal. Copies of records and proceedings of the committee, and of all papers on file with the division on behalf of the committee certified under the seal shall be received as evidence in all courts of record.

     12. When applying for a renewal of a license pursuant to section 337.030, each licensed psychologist shall submit proof of the completion of at least forty hours of continuing education credit within the two-year period immediately preceding the date of the application for renewal of the license. The type of continuing education to be considered shall include, but not be limited to:

     (1) Attending recognized educational seminars, the content of which are primarily psychological, as defined by rule;

     (2) Attending a graduate level course at a recognized educational institution where the contents of which are primarily psychological, as defined by rule;

     (3) Presenting a recognized educational seminar, the contents of which are primarily psychological, as defined by rule;

     (4) Presenting a graduate level course at a recognized educational institution where the contents of which are primarily psychological, as defined by rule; and

     (5) Independent course of studies, the contents of which are primarily psychological, which have been approved by the committee and defined by rule.

The committee shall determine by administrative rule the amount of training, instruction, self instruction or teaching that shall be counted as an hour of continuing education credit.; and

     Further amend said bill, page 19-20, section 7, lines 1-50, by striking all of said lines and inserting in lieu thereof the following:

     "Section 7. No rule or portion of a rule promulgated under the authority of sections 1 to 14 of this act shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo."; and

     Further amend said bill, pages 27-28, section 15, lines 1-43, by removing all of said section; and

     Further amend title and enacting clause accordingly.

     Senator Howard moved that the above amendment be adopted.

     Senator McKenna raised the point of order that SA 4 is out of order in that it is not connected and not germane to any part of the subject matter contained in the bill under consideration and goes beyond the scope and purpose of the bill and clearly violates the prohibition as set forth in Rule 54 and also violates Rule 57 by attempting to insert a second subject into the bill.

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

     Senator Howard offered SA 5:

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 999, Pages 19-20, Section 7, Lines 1-50 by striking all of said lines and inserting in lieu thereof the following:

     "Section 7. No rule or portion of a rule promulgated under the authority of sections 1 to 14 of this act shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.".

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

     Senator Curls offered SA 6:

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 999, Page 1, In the Title, Line 3 by striking "licensing and regulating" and inserting in lieu thereof the following: "the functions, licensing and regulations of"; and

     Further amend said bill, page 12, section 334.749, line 39, by inserting immediately after said line, the following:

     "338.425. 1. This section shall be known and may be cited as the "Missouri Kidney Health Care Act".

     2. Notwithstanding any provisions of the law to the contrary, a manufacturer or wholesaler who supplies dialysis devices or drugs used exclusively for or necessary to perform home dialysis prescribed or ordered by a physician for administration or delivery to a person with chronic kidney failure shall not be considered to be practicing pharmacy without a license if:

     (1) The manufacturer or wholesaler is registered with the state board of pharmacy and lawfully holds the dialysis drugs or devices;

     (2) The manufacturer or wholesaler delivers the dialysis drugs or devices to:

     (a) A person with chronic kidney failure for self-administration, as ordered by a physician, at the person's home or specified address; or

     (b) A physician for administration or delivery to a person with chronic kidney failure; and

     (3) The manufacturer or wholesaler has sufficient and qualified supervision to adequately protect the public health.

     3. The state board of pharmacy shall promulgate rules and regulations necessary to ensure the safe distribution of the dialysis drugs and devices described in subsection 2 of this section, without interruption of supply. Such regulations shall include licensing, records, evidence of delivery to the patient or patient's designee, patient training, specific product and quantity limitation, physician prescriptions or order forms, adequate warehouse facilities and appropriate labeling to ensure necessary information is affixed to or accompanies such dialysis drugs or devices.

     4. The dialysis drugs or devises which are the subject of this section shall only be delivered by:

     (1) The manufacturer or wholesaler to which the physician has issued an order; or

     (2) A carrier authorized to possess such dialysis devices or drugs.

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

     Further amend the title and enacting clause accordingly.

     Senator Curls moved that the above amendment be adopted.

     Senator Sims raised the point of order that SA 6 is out of order in that it goes beyond the scope of the bill.

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

     Senator Maxwell offered SA 7:

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 999, Page 8, Section 334.735, Line 80 by inserting immediately after "attempt to practice" the following:

"without physician supervision or";

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

     Senator Wiggins offered SA 8:

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 999, Page 28, Section 15, Line 43, by inserting after all of said line the following:

     "Section 1. For the purposes of sections 1 to 8 of this act, the following terms mean:

     (1) "Acupuncture", the use of needles inserted into the body by piercing of the skin, and all other techniques of Oriental medicine, both traditional and modern, for the assessment, evaluation, prevention, treatment or correction of any abnormal physiology, pathological condition or pain by means of controlling and regulating the flow and balance of energy in the body so as to restore the body to its proper functioning and state of health. "Oriental medicine techniques" include, but are not limited to, manual, mechanical, electrical, electronic, bioelectrical, and biomagnetic treatment; applications of heat and cold; massage and body-work; cupping; the recommendation, administration and dispensing of herbs; nutritional and dietary advice based primarily on Oriental principles; therapeutic movement; breathing exercises; and lifestyle counseling;

     (2) "Acupuncturist", any person licensed as provided in sections 1 to 8 of this act, to practice acupuncture as defined in subdivision (1) of this section;

     (3) "Auricular detox technician", a person trained solely in, and who performs only, auricular detox treatment. An auricular detox technician shall practice under the supervision of a licensed acupuncturist. Such treatment shall take place in a hospital, clinic or treatment facility which provides comprehensive substance abuse services, including counseling, and maintains all licenses and certifications necessary and applicable;

     (4) "Auricular detox treatment", a very limited procedure consisting of acupuncture needles inserted into specified points in the outer ear of a person undergoing treatment for drug or alcohol abuse or both drug and alcohol abuse;

     (5) "Board", the state board for acupuncturists established in section 2 of this act;

     (6) "Department", the Missouri department of economic development;

     (7) "Director", the director of the division of professional registration;

     (8) "Division", the division of professional registration of the department of economic development;

     (9) "License", the document of authorization issued by the division for a person to engage in the practice of acupuncture.

     Section 2. 1. There is hereby established a "State Board for Acupuncturists" which shall guide, advise and otherwise assist the division in carrying out the provisions of sections 1 to 8 of this act.

     2. The board shall consist of five members appointed by the governor with the advice and consent of the senate. Such board members shall include:

     (1) Two acupuncturists licensed pursuant to sections 1 to 8 of this act; except that, the acupuncturist members of the first board shall be eligible for licensure pursuant to sections 1 to 8 of this act;

     (2) One physician licensed pursuant to chapter 334, RSMo, who practices acupuncture;

     (3) One chiropractor licensed pursuant to chapter 331, RSMo, who practices acupuncture; and

     (4) One public member.

     3. Board members shall be citizens of the United States and residents of this state. The members shall be appointed to serve three-year terms; except that, of the first board members, the physician shall be appointed for a term of one year, the chiropractor and one acupuncturist shall be appointed for terms of two years, and the public member and one acupuncturist shall be appointed for terms of three years.

     4. The board shall elect a president and a secretary from among its members at the first regular meeting held after January of each year. The members shall receive no compensation for their service on the board but shall be reimbursed for actual and necessary expenses incurred in their attendance at the meetings of the board which shall be held in Jefferson City. The board shall meet at least once per calendar year or more often at the discretion of the president of the board. All staff for the board shall be provided by the division.

     5. The governor may remove a board member for misconduct, incompetency or neglect of official duties after giving the board written notice of the charges against such member and an opportunity to be heard on such charges.

     Section 3. 1. Nothing in sections 1 to 8 of this act shall be construed to apply to physicians and surgeons licensed pursuant to sections 334.010 to 334.265, RSMo, or chiropractors licensed pursuant to chapter 331, RSMo; except that, if such physician or surgeon or chiropractor, with or without a current certification in meridian therapy, uses the title, licensed acupuncturist, then the provisions of sections 1 to 8 of this act shall apply.

     2. No license to practice acupuncture shall be required for any person who is an auricular detox technician, provided that such person performs only auricular detox treatments as defined in section 1 of this act, under the supervision of a licensed acupuncturist, and in accordance with regulations promulgated pursuant to sections 1 to 8 of this act by the division. An auricular detox technician may not insert acupuncture needles in any other points of the ear or body, or use any other techniques of oriental medicine, or use the title, acupuncturist.

     Section 4. 1. It is unlawful for any person to practice acupuncture in this state, unless such person:

     (1) Possesses a valid license issued by the division pursuant to sections 1 to 8 of this act;

     (2) Is engaged in a supervised course of study that has been approved by the division, and is designated and identified by a title that clearly indicates status as a trainee, and is under the supervision of a licensed acupuncturist;

     (3) Is a person licensed or certified to practice acupuncture in another jurisdiction, or whose credentials would grant eligibility for licensure pursuant to sections 1 to 8 of this act, but who resides in another jurisdiction and who is temporarily in the state of Missouri for the purpose of instructing persons practicing acupuncture.

Such person may practice without being licensed pursuant to sections 1 to 8 of this act for a maximum of ten calendar days per calendar year.

     2. A person may be licensed to practice acupuncture in this state if the applicant:

     (1) Is twenty-one years of age or older and meets one of the following requirements:

     (a) Is actively certified as a Diplomate in Acupuncture by the National Commission for the Certification of Acupuncturists (NCCA); or

     (b) Is currently licensed, certified or registered in a state or jurisdiction of the United States which has eligibility and examination requirements that are at least equivalent to those of the National Commission for the Certification of Acupuncturists, as determined by the board;

     (2) Submits to the division an application on a form provided by the division; and

     (3) Pays the fee specified by the division.

     3. The division shall issue a certificate of licensure to each individual who satisfies the requirements of subsection 2 of this section, certifying that the holder is authorized to practice acupuncture in this state. The holder shall post the license in a conspicuous place in the holder's place of business.

     4. The division may adopt regulations to implement the provisions of sections 1 to 8 of this act, including regulations establishing:

     (1) Standards for the practice of acupuncture;

     (2) Standards for educational institutions training persons to be licensed acupuncturists. Such standards shall be in accordance with standards set by the Council of Colleges of Acupuncture and Oriental Medicine;

     (3) Standards for continuing professional education;

     (4) Standards for the training and practice of auricular detox technicians, including specific enumeration of points which may be used.

     5. No rule or portion of a rule promulgated pursuant to the authority of sections 1 to 8 of this act shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     Section 5. 1. Licenses issued pursuant to sections 1 to 8 of this act shall expire on July first of each odd-numbered year. Renewal applications shall be submitted to the division along with a renewal fee, to be determined by the board.

     2. A license to practice acupuncture which is not renewed on or before the date of its expiration becomes invalid. Such license may be restored by complying with the provisions of section 6 of this act.

     Section 6. Any acupuncturist who fails to renew such acupuncturist's license on or before the date of its expiration may restore such license as follows:

     (1) If the application for renewal is submitted to the division not more than two years after the expiration of the applicant's last license, by payment of the fee specified by the division and by providing all documentation required by the division by rule; or

     (2) If the application for renewal is submitted to the division more than two years after the expiration of the applicant's last license, by payment of the fee specified by the division, and by reapplying as provided in subdivisions (1) and (2) of subsection 2 of section 4 of this act.

     Section 7. Subject to rules promulgated pursuant to sections 1 to 8 of this act, the division may:

     (1) Make investigations or conduct hearings to determine whether a violation of sections 1 to 8 of this act or any rule promulgated pursuant to sections 1 to 8 of this act has occurred;

     (2) Reprimand an acupuncturist or deny, limit, suspend or revoke a license pursuant to the provisions of sections 1 to 8 of this act, if it finds that an acupuncturist has committed any of the following:

     (a) Made a material misstatement in an application for license or renewal;

     (b) While engaged in the practice of acupuncture, evidenced a lack of knowledge or ability to apply professional skills;

     (c) Has been convicted of an offense which occurred during, or as a result of, the practice of acupuncture;

     (d) Advertised in a manner which is false, deceptive or misleading;

     (e) Practiced acupuncture while the individual's ability to practice was impaired by alcohol or other drugs.

     Section 8. 1. Any person who violates any provision of sections 1 to 8 of this act is guilty of a class B misdemeanor.

     2. All fees or other compensation received for services which are rendered in violation of sections 1 to 8 of this act shall be refunded.

     3. The department on behalf of the division may sue in its own name in any court in this state to enforce the provisions of sections 1 to 8 of this act. The department shall investigate any alleged violations of sections 1 to 8 of this act, may institute actions for penalties provided in this section and shall enforce generally the provisions of sections 1 to 8 of this act.

     4. Upon application by the division, the attorney general may, on behalf of the division, request that a court of competent jurisdiction grant an injunction, restraining order or other order as may be appropriate to enjoin a person from:

     (1) Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required upon a showing that such acts of practices were performed or offered to be performed without a certificate of registration or authority, permit or license; or

     (2) Engaging in any practice or business authorized by a certificate of registration or authority, permit or license, issued pursuant to sections 1 to 8 of this act upon a showing that the holder presents a substantial probability of serious harm to the health, safety or welfare of any resident of this state or client or patient of the licensee.

     5. Any action brought pursuant to this section may be in addition to, or in lieu of, any penalty provided by sections 1 to 8 of this act and may be brought concurrently with other actions to enforce the provisions of sections 1 to 8 of this act."; and

     Further amend the title and enacting clause accordingly.

     Senator Wiggins moved that the above amendment be adopted.

     Senator Melton raised the point of order that SA 8 goes beyond the scope and purpose of the bill.

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

     Senator Moseley offered SA 9:

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 999, Page 1, In the Title, Line 2, by deleting the word and number "and 334.745" and inserting in lieu thereof the following: ", 334.745, 337.603, 337.622, 337.630 and 337.633"; and

     Further amend said bill, Page 1, In the Title, Line 3, by deleting the word and number "and 334.740" and inserting in lieu thereof the following: ", 334.740 and 337.627"; and

     Further amend said bill, Page 1, In the Title, Lines 4 and 5, by deleting the word "twenty-eight" and inserting in lieu thereof the word "thirty-three"; and

     Further amend said bill, Page 1, Section A, Line 1, by deleting the word and number "and 334.745" and inserting in lieu thereof the following: ", 334.745, 337.603, 337.622, 337.630 and 337.633"; and

     Further amend said bill, Page 1, Section A, Line 2, by deleting the word and number "and 334.740" and inserting in lieu thereof the following: ", 334.740 and 337.627"; and

     Further amend said bill, Page 1, Section A, Line 3, by deleting the word "twenty- eight" and inserting in lieu thereof the word "thirty-three"; and

     Further amend said bill, Page 1, Section A, Line 5, by inserting after the number "334.749," the following: "337.603, 337.622, 337.627, 337.630, 337.633,"; and

     Further amend said bill, Page 12, Section 334.749, Line 39, by inserting after all of said line the following:

     "337.603. No person shall use the title of "licensed clinical social worker", "clinical social worker" or "provisional licensed clinical social worker" and engage in the practice of clinical social work in this state unless the person is licensed as required by the provisions of sections 337.600 to 337.639. Only individuals who are licensed clinical social workers shall practice social work as an independent practice. Sections 337.600 to 337.639 shall not apply to:

     (1) Any person registered, certificated, or licensed by this state, another state, or any recognized national certification agent acceptable to the [division] committee to practice any other occupation or profession while rendering services similar in nature to clinical social work in the performance of the occupation or profession which the person is registered, certificated, or licensed; and

     (2) The practice of any social worker who is employed by any agency or department of the state of Missouri while discharging the person's duties in that capacity.

     337.606. For a period of twenty-four months from July 1, 1990, applicants for licensure shall be exempted from the academic requirements of sections 337.600 to 337.639 if the [division] committee is satisfied that the applicant has acceptable educational qualifications, or social work experience, or is currently engaged in the practice of clinical social work. After that time no person shall engage in clinical social work practice for compensation or hold himself or herself out as a licensed clinical social worker unless [he] the person is licensed in accordance with the provisions of sections 337.600 to 337.639.

     337.612. 1. Applications for licensure as a clinical social worker shall be in writing, submitted to the [division] committee on forms prescribed by the [division] committee and furnished to the applicant. The application shall contain the applicant's statements showing [his] the applicant's education, experience, and such other information as the [division] committee may require. Each application shall contain a statement that it is made under oath or affirmation and that the information contained therein is true and correct to the best knowledge and belief of the applicant, subject to the penalties provided for the making of a false affidavit or declaration. Each application shall be accompanied by the fees required by the [division] committee.

     2. The [division] committee shall mail a renewal notice to the last known address of each licensee prior to the licensure renewal date. Failure to provide the [division] committee with the information required for licensure, or to pay the licensure fee after such notice shall effect a revocation of the license after a period of sixty days from the licensure renewal date. The license shall be restored if, within two years of the licensure date, the applicant provides written application and the payment of the licensure fee and a delinquency fee.

     3. A new certificate to replace any certificate lost, destroyed or mutilated may be issued subject to the rules of the [division] committee, upon payment of a fee.

     4. The [division] committee shall set the amount of the fees which sections 337.600 to 337.639 authorize and require by rules and regulations promulgated pursuant to section 536.021, RSMo. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering the provisions of sections 337.600 to 337.639. All fees provided for in sections 337.600 to 337.639 shall be collected by the director who shall deposit the same with the state treasurer in a fund to be known as the "Clinical Social Workers Fund".

     5. The provisions of section 33.080, RSMo, to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriations from the clinical social workers fund for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the clinical social workers fund for the preceding fiscal year.

     337.615. 1. Each applicant for licensure as a clinical social worker shall furnish evidence to the [division] committee that:

     (1) The applicant has a master's degree from a college or university program of social work accredited by the council of social work education or a doctorate degree from a school of social work acceptable to the committee;

     (2) The applicant has twenty-four months of supervised clinical experience acceptable to the committee, as defined by rule;

     (3) The applicant is at least eighteen years of age, is of good moral character, is a United States citizen or has status as a legal resident alien, and has not been convicted of a felony during the ten years immediately prior to application for licensure.

     2. Any person not a resident of this state holding a valid unrevoked and unexpired license, certificate or registration from another state or territory of the United States having substantially the same requirements as this state for clinical social workers may be granted a license to engage in the person's occupation in this state upon application to the [division] committee accompanied by the appropriate fee as established by the committee pursuant to section 337.612.

     3. The [division] committee shall issue a license to each person who files an application and fee as required by the provisions of sections 337.600 to 337.639 and who furnishes evidence satisfactory to the committee that the applicant has complied with the provisions of subdivisions (1) to (3) of subsection 1 of this section or with the provisions of subsection 2 of this section. The [division] committee shall issue a provisional clinical social worker license to any applicant who meets all requirements of subdivisions (1) and (3) of subsection 1 of this section, but who has not completed the twenty-four months of supervised clinical experience required by subdivision (2) of subsection 1 of this section, and such applicant may reapply for licensure as a clinical social worker upon completion of the twenty-four months of supervised clinical experience.

     337.618. Each license issued pursuant to the provisions of sections 337.600 to 337.639 shall expire on a renewal date established by the director. The term of licensure shall be twenty-four months; however, the director may establish a shorter term for the first licenses issued pursuant to this act in accordance with the provisions of subsection 14 of section 620.010, RSMo. The [division] committee shall renew any license upon application for a renewal and upon payment of the fee established by the [division] committee pursuant to the provisions of section 337.612.

     337.621. The [division] committee may issue temporary permits to practice under extenuating circumstances as determined by the [division] committee and defined by rule.

     337.622. 1. There is hereby established the "State Committee for Social Workers", which shall guide, advise, and make recommendations to the division and fulfill other responsibilities designated by sections 337.600 to 337.649. The committee shall approve any examination required by sections 337.600 to 337.649 and shall assist the division in carrying out the provisions of sections 337.600 to 337.649.

     2. The committee shall consist of seven members, including a public member appointed by the governor. Each member of the committee shall be a citizen of the United States and a resident of this state. The committee shall consist of six licensed clinical social workers and one voting public member. At least two committee members shall be involved in the private practice of clinical social work. Any person who is a member of any clinical social worker advisory committee appointed by the director of the division of professional registration shall be eligible for appointment to the state committee for social work on the effective date of this section. The governor shall endeavor to appoint members from different geographic regions of the state and with regard to the pattern of distribution of social workers in the state. The term of office for committee members shall be four years and no committee member shall serve more than ten years. Of the members first appointed, the governor shall appoint two members, one of whom shall be the public member, whose terms shall be four years; two members whose terms shall be three years; two members whose terms shall be two years; and one member whose term shall be one year.

     3. A vacancy in the office of a member shall be filled by appointment by the governor for the remainder of the unexpired term.

     4. Each member of the committee shall be reimbursed for necessary and actual expenses incurred in the performance of the member's official duties. All staff for the committee shall be provided by the division.

     5. The committee shall hold an annual meeting at which it shall elect from its membership a chairperson and a secretary. The committee may hold such additional meetings as may be required in the performance of its duties, provided that notice of every meeting must be given to each member at least three days prior to the date of the meeting. A quorum of the board shall consist of a majority of its members.

     6. The governor may remove a committee member for misconduct, incompetency or neglect of the member's official duties after giving the committee member written notice of the charges against such member and an opportunity to be heard thereon.

     7. The public member shall be at the time of such member's appointment a citizen of the United States; a resident of this state for a period of one year and a registered voter; a person who is not and never was a member of any profession licensed or regulated pursuant to sections 337.600 to 337.649, or the spouse of such person; and a person who does not have and never has had a material, financial interest in either the providing of the professional services regulated by sections 337.600 to 337.649, or an activity or organization directly related to any profession licensed or regulated pursuant to sections 337.600 to 337.649. The duties of the public member shall not include the determination of the technical requirements to be met for licensure or whether any person meets such technical requirements or of the technical competence or technical judgment of a licensee or a candidate for licensure.

     337.627. 1. The [division] committee shall promulgate rules and regulations pertaining to:

     (1) The form and content of license applications required by the provisions of sections 337.600 to 337.639 and the procedures for filing an application for an initial or renewal license in this state;

     (2) Fees required by the provisions of sections 337.600 to 337.639;

     (3) The characteristics of "supervised clinical experience" as that term is used in section 337.615;

     (4) The standards and methods to be used in assessing competency as a licensed clinical social worker;

     (5) Establishment and promulgation of procedures for investigating, hearing and determining grievances and violations occurring [under] pursuant to the provisions of sections 337.600 to 337.639;

     (6) Development of an appeal procedure for the review of decisions and rules of administrative agencies existing [under] pursuant to the constitution or laws of this state;

     (7) Establishment of a policy and procedure for reciprocity with other states, including states which do not have clinical social worker licensing laws or states whose licensing laws are not substantially the same as those of this state; and

     (8) Any other policies or procedures necessary to the fulfillment of the requirements of sections 337.600 to 337.639.

     2. No rule or portion of a rule promulgated [under] pursuant to the authority of sections 337.600 to 337.639 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     337.630. 1. The [division] committee may refuse to issue or renew any license required by the provisions of sections 337.600 to 337.639 for one or any combination of causes stated in subsection 2 of this section. The [division] committee shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of [his] the applicant's right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo.

     2. The [division] committee may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any license required by sections 337.600 to 337.639 or any person who has failed to renew or has surrendered [his] the person's license for any one or any combination of the following causes:

     (1) Use of any controlled substance, as defined in chapter 195, RSMo, or alcoholic beverage to an extent that such use impairs a person's ability to engage in the occupation of clinical social work; except that the fact that a person has undergone treatment for past substance or alcohol abuse and/or has participated in a recovery program, shall not by itself be cause for refusal to issue or renew a license;

     (2) The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution [under] pursuant to the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of a clinical social worker; for any offense an essential element of which is fraud, dishonesty or an act of violence; or for any offense involving moral turpitude, whether or not sentence is imposed;

     (3) Use of fraud, deception, misrepresentation or bribery in securing any license issued pursuant to the provisions of sections 337.600 to 337.639 or in obtaining permission to take any examination given or required pursuant to the provisions of sections 337.600 to 337.639;

     (4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;

     (5) Incompetency, misconduct, fraud, misrepresentation or dishonesty in the performance of the functions or duties of a clinical social worker;

     (6) Violation of, or assisting or enabling any person to violate, any provision of sections 337.600 to 337.639, or of any lawful rule or regulation adopted pursuant to sections 337.600 to 337.639;

     (7) Impersonation of any person holding a license or allowing any person to use [his] the person's license or diploma from any school;

     (8) Revocation or suspension of a license or other right to practice clinical social work granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state;

     (9) Final adjudication as incapacitated by a court of competent jurisdiction;

     (10) Assisting or enabling any person to practice or offer to practice clinical social work who is not licensed and currently eligible to practice [under] pursuant to the provisions of sections 337.600 to 337.639;

     (11) Obtaining a license based upon a material mistake of fact;

     (12) Failure to display a valid license if so required by sections 337.600 to 337.639 or any rule promulgated hereunder;

     (13) Violation of any professional trust or confidence;

     (14) Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed;

     (15) Being guilty of unethical conduct as defined in the ethical standards for clinical social workers adopted by the committee by rule and filed with the secretary of state.

     3. Any person, organization, association or corporation who reports or provides information to the [division] committee pursuant to the provisions of sections 337.600 to 337.639 and who does so in good faith shall not be subject to an action for civil damages as a result thereof.

     4. After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621, RSMo. Upon a finding by the administrative hearing commission that the grounds, provided in subsection 2 of this section, for disciplinary action are met, the [division] committee may censure or place the person named in the complaint on probation on such terms and conditions as the [division] committee deems appropriate for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke the license.

     337.633. 1. Violation of any provision of sections 337.600 to 337.639 shall be a class B misdemeanor.

     2. All fees or other compensation received for services which are rendered in violation of sections 337.600 to 337.639 shall be refunded.

     3. The department on behalf of the [division] committee may sue in its own name in any court in this state. The department shall inquire as to any violations of sections 337.600 to 337.639, may institute actions for penalties herein prescribed, and shall enforce generally the provisions of sections 337.600 to 337.639.

     4. Upon application by the [division] committee, the attorney general may on behalf of the [division] committee request that a court of competent jurisdiction grant an injunction, restraining order or other order as may be appropriate to enjoin a person from:

     (1) Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required upon a showing that such acts or practices were performed or offered to be performed without a certificate of registration or authority, permit or license; or

     (2) Engaging in any practice of business authorized by a certificate of registration or authority, permit or license issued pursuant to sections 337.600 to 337.639 upon a showing that the holder presents a substantial probability of serious harm to the health, safety or welfare of any resident of this state or client or patient of the licensee.

     5. Any action brought pursuant to the provisions of this section shall be commenced either in the county in which such conduct occurred or in the county in which the defendant resides.

     6. Any action brought [under] pursuant to this section may be in addition to or in lieu of any penalty provided by this act and may be brought concurrently with other actions to enforce the provisions of sections 337.600 to 337.639.".

     Senator Moseley moved that the above amendment be adopted.

     Senator Melton raised the point of order that SA 9 is out of order in that it goes outside the scope of the bill and is also in violation of Senate Rules 54 and 57.

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

     Senator McKenna moved that SCS for HCS for HB 999, as amended, be adopted, which motion prevailed.

     On motion of Senator McKenna, SCS for HCS for HB 999, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Caskey	Curls	Flotron
Goode	Graves	House	Howard
Johnson	Kinder	Klarich	Lybyer
Mathewson	Maxwell	McKenna	Moseley
Mueller	Quick	Schneider	Sims
Staples	Treppler	Westfall	Wiggins--24
	Nays--Senators
Ehlmann	Kenney	Melton	Rohrbach
Russell--5
	Absent--Senators
Bentley	Clay	DePasco--3
	Absent with leave--Senators
Scott	Singleton--2

     The President declared the bill passed.

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

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

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

     HB 876, introduced by Representative Bray, entitled:

     An Act to repeal sections 386.020 and 622.090, RSMo 1994, relating to the regulation of certain transportation activities, and to enact in lieu thereof three new sections relating to the same subject.

     Was taken up by Senator Goode.

     Senator Goode offered SA 1:

     Amend House Bill No. 876, Page 9, Section 1, Line 49 by inserting immediately after said line the following:

     "Section 2. 1. The commissioners of the bi-state development agency may participate in a committee or board meeting by means of conference telephone or other communication equipment whereby all persons attending the meeting, including the general public, can hear and communicate when appropriate. Participation in a committee or board meeting in this manner shall constitute presence in person at the meeting. The committee or board meetings referenced herein shall be considered public meetings subject to chapter 610, RSMo, and shall be reasonably accessible to the public."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Goode offered SA 2:

     Amend House Bill No. 876, Page 1, In the Title, Line 3, by deleting the word "three" and inserting in lieu thereof the word "four"; and

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

     Further amend said bill, Page 1, Section A, Line 2, by deleting the following: "622.090 and 1" and inserting in lieu thereof the following: "622.090, 1 and 2"; and

     Further amend said bill, Page 9, Section 1, Lines 23 through 28, by deleting all of said lines and inserting in lieu thereof the following:

     "3. The division may contract with the bi-state development agency created by section 70.370, RSMo, for safety consultation pursuant to the division's duties created by this section. Any moneys paid pursuant to this subsection shall be deposited in the light rail safety fund created in section 2 of this act."; and

     Further amend said bill, Page 9, Section 1, Line 49, by inserting immediately after said line the following:

     "Section 2. Any moneys received by the division of transportation of the department of economic development pursuant to subsection 3 of section 1 of this act shall be deposited in the state treasury to the credit of the "Light Rail Safety Fund" which is hereby created. The account shall be administered by the director of the division of transportation. When appropriated the moneys in the fund shall be used solely for the purpose of paying the costs of its duties pursuant to section 1 of this act. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the light rail safety fund at the end of any biennium shall not be transferred to the credit of the general revenue fund.".

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

     Senator House offered SA 3:

     Amend House Bill No. 876, Page 9, Section 1, Line 49, by inserting immediately following all of said line the following:

     "Section 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 Wiggins offered SA 4:

     Amend House Bill No. 876, Page 9, Section 1, Line 49, by inserting immediately after said line, the following:

     "Section 2. 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 occurrence 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."; and

     Further amend the title and enacting clause accordingly.

     Senator Wiggins moved that the above amendment be adopted.

     Senator Caskey offered SSA 1 for SA 4:

     Amend House Bill No. 876, Page 9, Section 1, Line 49, by inserting immediately after said line, the following:

     "Section 2. 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 100 million dollars for each occurrence 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 100 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 million 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."; and

     Further amend the title and enacting clause accordingly.

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

     SA 4 was again taken up.

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

     On motion of Senator Goode, HB 876, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Caskey	Clay	Curls
DePasco	Ehlmann	Flotron	Goode
Graves	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Sims	Staples	Treppler
Westfall	Wiggins--30
	Nays--Senators--None
	Absent--Senators
Bentley	House--2
	Absent with leave--Senators
Scott	Singleton--2

     The President declared the bill passed.

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

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

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

     The following messages were received from the Governor:

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

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

     Wayman F. Smith, 6159 Lindell Boulevard, St. Louis City, Missouri 63112, as a member of the Board of Police Commissioners-St. Louis City, for a term ending January 31, 2000, and until his successor is duly appointed and qualified; vice, Charles E. Mischeaux, term expired.

     Also,

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

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

     Jeffrey S. Jamieson, 6220 Itaska, St. Louis City, Missouri 63109, as a member of the Board of Police Commissioners-St. Louis City, for a term ending January 1, 1999, and until his successor is duly appointed and qualified; vice, Matthew J. Padberg, term expired.

     Also,

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

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

     Sharon M. Busch, Democrat, 2503 Greentree Road, Jefferson City, Cole County, Missouri 65101, as a member of the Administrative Hearing Commission, for a term ending October 13, 2001, and until her successor is duly appointed and qualified; vice, Robert Smith, resigned.

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

     Senator Rohrbach offered Senate Resolution No. 1413, regarding Sergeant Ralph Wayne Robinett, which was adopted.

     Senator Moseley introduced to the Senate, the Physician of the Day, Dr. Betsy Garrett, M.D., Columbia.

     Senator Howard introduced to the Senate, his son, John Trevor Howard, Mehlville.

     On motion of Senator Banks, the Senate adjourned until 9:30 a.m., Tuesday, May 14, 1996.