The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, on this last day we pray for grace to finish the job, give thanks for past experiences and ask for guidance for what lies ahead. We pray a special blessing on those who end distinguished service here today. Thank You for every blessing, every smile and every friendship. In Jesus Name we pray. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     The Journal of the previous day was read and approved.

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

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

     Senator Singleton offered Senate Resolution No. 1439, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Lloyd Helm, McDonald County, which was adopted.

     Senator Graves offered Senate Resolution No. 1440, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Ralph Elmo Roe, Brookfield, which was adopted.

     Senator Wiggins offered Senate Resolution No. 1441, regarding the Honorable Gene Robert Martin, Jackson County, which was adopted.

     Senator Bentley offered Senate Resolution No. 1442, regarding Monica Whitt, which was adopted.

     Senator Bentley offered Senate Resolution No. 1443, regarding Shela Cameron, Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 1444, regarding Dee Pohl, Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 1445, regarding Chris Tuckness, Willard, which was adopted.

     Senator Bentley offered Senate Resolution No. 1446, regarding Sandy Pinkerton, Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 1447, regarding George Scruggs, Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 1448, regarding Nancy Teters, Rogersville, which was adopted.

     Senator Bentley offered Senate Resolution No. 1449, regarding Pat Turner, which was adopted.

     Senator Bentley offered Senate Resolution No. 1450, regarding Barbara Lyons, Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 1451, regarding Autumn Morris, Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 1452, regarding Juanita Taylor, Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 1453, regarding Fay Renner, Springfield, which was adopted.

     Senator Curls offered Senate Resolution No. 1454, regarding Samuel U. Rodgers, M.D., M.P.H., Kansas City, which was adopted.

     Senator Curls offered Senate Resolution No. 1455, regarding Reverend James D. Tindall, Kansas City, which was adopted.

     Senator Curls offered Senate Resolution No. 1456, regarding Angel Lee, which was adopted.

     Senator Kenney offered Senate Resolution No. 1457, regarding Anthony R. "Tony" Schwappach, Blue Springs, which was adopted.

     HS for SS for SB 981, 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.

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HCS for HB 991, as amended: Senators Staples, Banks, McKenna, Sims and Westfall.

     Also,

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HS for SB 757, as amended: Senators Maxwell, Howard, Lybyer, Westfall and Russell.

     The following message was received from the Governor:

TO THE SENATE OF THE 88TH GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

     The following correction should be made to the appointment of Kenneth R. Hensley for the State Lottery Commission, submitted to you on April 24, 1996. The appointment should read:

     Kenneth R. Hensley, Democrat, 601 N. 9th, Albany, Gentry County, Missouri 64402, as a member of the State Lottery Commission, for a term ending September 9, 1998, and until his successor is duly appointed and qualified; vice, Robert E. Scott, term expired.

     Senator Banks moved that the Senate give approval to the correction as noted, 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 adopted the Conference Committee Report on HB 1098 and has taken up and passed CCS for HB 1098.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HS for HCS for SS for SCS for SB 722, as amended, and grants the Senate a conference thereon, and the conferees be allowed to exceed the differences in order that the conferees can adopt a Conference Committee Report that would be consistent with the Conference Committee Report for HS for HCS for HB 1169 and 1271.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HS for HCS for SS for SCS for SB 722, as amended: Representatives: Hosmer, Smith, Williams (121), Edwards-Pavia, Sallee.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HS for HCS for HBs 1169 and 1271, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon, and the conferees be allowed to exceed the differences in order that the conferees can adopt a Conference Committee Report that would be consistent with the Conference Committee Report for HS for HCS for SS for SCS for SB 722.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SS for HB 1432 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HBs 1557 and 1489, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HS for SB 757, as amended: Representatives: Sears, Leake, Wiggins, Summers, Howerton.

     Senator Caskey moved that the Senate refuse to recede from its position on SCS for HS for HCS for HBs 1169 and 1171, as amended, and grant the Senate a conference thereon, which motion prevailed.

     Senator McKenna moved that the Senate refuse to recede from its position on SCS for HCS for HBs 1557 and 1489, as amended, and grant the House a conference thereon, which motion prevailed.

     Senator Maxwell, on behalf of the conference committee appointed to act with a like committee from the House on HS for SB 757, as amended, submitted the following conference committee report no. 2:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Substitute for Senate Bill No. 757 with House Amendments Nos. 1, 2, 3 and Part I of House Amendment No. 4 as amended; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the Senate recede from its position on House Substitute for Senate Bill No. 757 as amended;

     2. That House Substitute for Senate Bill No. 757 with House Amendments Nos. 1, 2, 3, Part I of House Amendment No. 4, as amended, and Conference Committee Amendment No. 1 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Joe Maxwell       /s/ Jim Sears

/s/ Jerry Howard      /s/ Sam Leake

/s/ Mike Lybyer      /s/ Gary Wiggins

/s/ Morris Westfall      /s/ Don Summers

/s/ John T. Russell      /s/ Jim Howerton

     Amend House Substitute for Senate Bill No. 757, Page 1, In the Title, Line 4, by inserting immediately after "1994," the following: "and section 644.031, RSMo Supp. 1995,"; and further amend lines 4-5, by striking the words "joint municipal utility commissions" and inserting in lieu thereof the following: "water pollution control"; and

     Further amend the title and enacting clause accordingly.

     Senator Maxwell moved that the above conference committee report no. 2 be adopted, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Curls
DePasco	Ehlmann	Flotron	House
Howard	Johnson	Kenney	Kinder
Klarich	Lybyer	Mathewson	Maxwell
Melton	Moseley	Mueller	Quick
Russell	Schneider	Sims	Singleton
Staples	Treppler	Westfall	Wiggins--28
	Nays--Senator Rohrbach--1
	Absent--Senators
Clay	Goode	Graves	McKenna--4
	Absent with leave--Senator Scott--1

     On motion of Senator Maxwell, HS for SB 757, as amended by the conference committee report no. 2, 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	Melton	Moseley
Mueller	Quick	Russell	Schneider
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--30
	Nays--Senator Rohrbach--1
	Absent--Senators
Clay	McKenna--2
	Absent with leave--Senator Scott--1

     The President Pro Tem declared the bill passed.

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

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

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

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HS for HCS for SS for SCS for SB 722, as amended: Senators Moseley, Caskey, Quick, Westfall and Sims.

     Also,

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HS for HCS for HBs 1169 and 1271, as amended: Senators Moseley, Caskey, Quick, Westfall and Sims.

     Also,

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SCS for HCS for HBs 1557 and 1489, as amended: Senators McKenna, DePasco, Quick, Flotron and Treppler.

     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 SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended, begs leave to report that it has considered the same and recommends that the bill do pass.

     On motion of Senator Caskey, SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended, was read the 3rd time and passed by the following vote:

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

     President Pro Tem Mathewson 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	Sims	Singleton	Staples
Treppler	Westfall	Wiggins--31
	Nays--Senators--None
	Absent--Senators
Clay	Schneider--2
	Absent with leave--Senator Scott--1

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

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

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

     Senator Wiggins, on behalf of the conference committee appointed to act with a like committee from the House on HB 1098, 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. 1098, 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. 1098;

     2. That the Senate recede from its position on House Bill No. 1098, with Senate Amendment No. 1, Senate Amendment No. 1 to Senate Amendment No. 2 and Senate Amendment No. 2, as amended;

     3. That the attached Conference Committee Substitute for House Bill No. 1098 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ John E. Scott      /s/ Russell Goward

/s/ Franc Flotron      /s/ Sheila Lumpe

/s/ Harry Wiggins      /s/ Don Koller

/s/ Irene Treppler      /s/ T. Mark Elliott

/s/ Mike Lybyer      /s/ Michael R. Gibbons

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

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

     On motion of Senator Wiggins, CCS for HB 1098, entitled:

     An Act to repeal sections 32.057, 135.010, 143.451, 143.631 and 144.020, RSMo 1994, relating to taxation, and to enact in lieu thereof five new sections relating to the same subject, with penalty provisions.

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

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

     The President Pro Tem declared the bill passed.

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

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

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

     Senator Quick moved that the Senate refuse to recede from its position on SS for HB 1432 and grant the House a conference thereon, which motion prevailed.

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SS for HB 1432: Senators Quick, McKenna, Treppler, Johnson and Klarich.

     Senator Klarich, on behalf of the conference committee appointed to act with a like committee from the House on SB 664, as amended, submitted the following conference committee report:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on Senate Bill No. 664, with House Amendments Nos. 1 and 2, House Amendment No. 3 as amended, and House Amendment No. 4; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the Senate recede from its position on Senate Bill No. 664;

     2. That the House recede from its position on Senate Bill No. 664 with House Amendments Nos. 1 and 2, House Amendment No. 3 as amended, and House Amendment No. 4;

     3. That the attached Conference Committee Substitute for Senate Bill No. 664 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ David Klarich       /s/ Ed Hartzler

/s/ Emory Melton      /s/ Gene Copeland

/s/ Ed Quick      /s/ Sam Leake

/s/ Harold L. Caskey      /s/ Joseph L. Treadway

/s/ Joe Maxwell      /s/ Mark Richardson

     Senator Klarich 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	Scott	Sims
Singleton	Treppler	Westfall	Wiggins--32
	Nays--Senators--None
	Absent--Senators
Clay	Staples--2
	Absent with leave--Senators--None

     On motion of Senator Klarich, CCS for SB 664, entitled:

     An Act to repeal sections 442.605, 442.610 and 442.615, RSMo 1994, relating to real estate settlement agents, and to enact in lieu thereof nineteen new sections relating to the same subject, with penalty provisions.

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

	Yeas--Senators
Banks	Bentley	Caskey	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	Treppler	Westfall	Wiggins--32
	Nays--Senators--None
	Absent--Senators
Clay	Staples--2
	Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     Senator Quick assumed the Chair.

     Senator Moseley, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HS for HCS for HBs 1301 and 1298, as amended, submitted the following conference committee report:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, as amended, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298;

     2. That the Senate recede from its position on Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298 with Senate Amendments Nos. 1, 2, 3, 4, 5, 6, Senate Substitute Amendment No. 1 for Senate Amendment No. 7, Senate Amendments Nos. 11, 12, 13, 14, 15, 16, 17, Senate Substitute Amendment No. 1 for Senate Amendment No. 18, Senate Amendments Nos. 19, 20, 21, 22, 23, 24, 25, 28, 29, 30, 31, 32, 33, 35, 36, 37;

     3. That the attached Conference Committee Substitute be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Joe Moseley      /s/ Steve McLuckie

/s/ Morris Westfall      /s/ Glenda Kelly

/s/ Harold L. Caskey      /s/ Brian H. May

/s/ Sidney Johnson      /s/ Cindy Ostmann

/s/ David Klarich      /s/ Emmy McClelland

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

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

     On motion of Senator Moseley, CCS for SCS for HS for HCS for HBs 1301 and 1298, entitled:

     An Act to repeal sections 162.680, 195.017, 195.214, 302.272, 574.085 and 575.090, RSMo 1994, and sections 160.261, 167.161 and 167.171, RSMo Supp. 1995, and to enact in lieu thereof twenty-six new sections for the purpose of providing safer schools, with penalty provisions and an emergency clause for a certain section.

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

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	Graves	House	Howard
Johnson	Kenney	Kinder	Klarich
Lybyer	Mathewson	Maxwell	McKenna
Melton	Moseley	Mueller	Quick
Russell	Scott	Singleton	Staples
Treppler	Westfall	Wiggins--31
	Nays--Senators
Rohrbach	Schneider	Sims--3
	Absent--Senators--None
	Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:

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

     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.

     Senator House, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SS for SCS for SBs 723 and 891, 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 Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891 with House Amendments Nos. 1, 2, 3 and 4, House Amendment No. 1 to House Amendment No. 5, House Amendment No. 5, House Amendment No. 1 to House Amendment No. 7, House Amendment No. 7, House Amendment No. 1 to House Amendment No. 8, House Amendments Nos. 8, 9 and 10; 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 Senate recede from its position on House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891 and House Amendments Nos. 1 and 2, House Amendment No. 1 to House Amendment No. 5, House Amendment No. 5, House Amendment No. 1 to House Amendment No. 7 and House Amendments Nos. 7, 8, 9 and 10;

     2. That the House recede from its position on House Amendments Nos. 3 and 4 and House Amendment No. 1 to House Amendment No. 8;

     3. That the House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891 with House Amendments Nos. 1 and 2, House Amendment No. 1 to House Amendment No. 5, House amendment No. 5, House Amendment No. 1 to House Amendment No. 7, House Amendments No. 7, 8, 9, 10 and Conference Committee Amendment No. 1 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Ted House       /s/ Henry Rizzo

/s/ Sidney Johnson      /s/ Brian May

/s/ Harold L. Caskey      /s/ Phil Smith

/s/ Larry Rohrbach      /s/ David W. Broach

/s/ Betty Sims /s/ Marilyn Edwards-Pavia

     Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 & 891, Page 1, In the Title, Line 5, by inserting immediately after the word "provisions as it appears the second time on said line, the following: ", with an emergency clause for certain sections; and

     Further amend said bill, Page 4, Section 50.333, Lines 91-96, by striking all of line 91 after "term." and by striking all of lines 92-96 and inserting in lieu thereof the following: "If the salary commission votes to decrease the compensation, a vote of two-thirds or more of all the members of the salary commission shall be required before the salary or other compensation of any county office shall be decreased below the compensation being paid for the particular office on the date the salary commission votes, and all officers and offices shall receive the same percentage decrease."; and

     Further amend said bill, Page 10, Section 67.641, Line 22, by inserting immediately after said line the following:

     "67.475. In counties of the first classification on the effective date of this section, the total amount of city or county general obligation bond indebtedness incurred for improvements under sections 67.453 to 67.475, including temporary notes issued pursuant to sections 67.453 to 67.475, shall not exceed ten percent of the assessed valuation of all taxable tangible property, as shown by the last completed property assessment for state or local purposes, within the city or county. In any county which was not a county of the first classification on the effective date of this section, the total amount of city or county general obligation bond indebtedness incurred for improvements under sections 67.453 to 67.475, including temporary notes issued pursuant to sections 67.453 to 67.475, shall not exceed forty percent of the assessed valuation of all taxable real property, as shown by the last completed property assessment for state or local purposes, within the proposed neighborhood improvement district; provided, however, that if a ballot upon which the question of incurring the bonded indebtedness is submitted to all of the qualified voters residing within the city or county and is approved by the percentage of voters within such city or county that is equal to the percentage of voter approval required for the issuance of general obligation bonds of such city or county pursuant to article VI, section 26 of the Missouri constitution, the total amount of city or county general obligation bond indebtedness incurred for improvements under sections 67.453 to 67.475, including temporary notes issued pursuant to sections 67.453 to 67.475, shall not exceed the assessed valuation of all taxable real property, as shown by the last completed property assessment for state or local purposes, within the proposed neighborhood improvement district. Any city with a population of three hundred fifty thousand or more inhabitants shall appoint a citizen advisory committee composed of members of each council districts on proposed neighborhood improvement district."; and

     Further amend said bill, Page 13, Section 99.430, Line 104, by inserting immediately after said line the following:

     "473.739. 1. Each public administrator, except in counties of the first class with a charter form of government, who does not receive at least [twenty-five] forty-five thousand dollars in fees as otherwise allowed by law shall receive annual compensation of four thousand dollars and each such public administrator who does not receive at least [twenty-five] forty-five thousand dollars in fees may request the county salary commission for an increase in annual compensation and the county salary commission may authorize an additional increase in annual compensation not to exceed ten thousand dollars.

     2. Two thousand dollars of the compensation authorized in this section shall be payable to the public administrator only if he has completed at least twenty hours of classroom instruction each calendar year relating to the operations of the public administrator's office when approved by a professional association of the county public administrators of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each public administrator who completes the training program and shall send a list of certified public administrators to the treasurer of each county. Expenses incurred for attending the training session may be reimbursed to the county public administrator in the same manner as other expenses as may be appropriated for that purpose."; and

     Further amend said bill, Page 14, Section 3, Line 3, by inserting immediately after said line, the following:

     "Section B. Because immediate action is necessary to prevent injustice, sections 575.130, 4, 5, 6, 7, 8, 9 and 10 of this act are deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and sections 575.130, 4, 5, 6, 7, 8, 9 and 10 are hereby declared to be an emergency act within the meaning of the constitution, and this act shall be in full force and effect upon its passage and approval."; and

     Further amend the title and enacting clause accordingly.

     Senator House 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
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Sims	Singleton	Staples
Treppler	Westfall	Wiggins--31
	Nays--Senator Kenney--1
	Absent--Senators
Clay	Scott--2
	Absent with leave--Senators--None

     President Pro Tem Mathewson resumed the Chair.

     On motion of Senator House, HCS for SS for SCS for SBs 723 and 891, as amended by the conference committee report, was read the 3rd time and passed by the following vote:

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

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

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

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

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SS No. 2 for HB 809, as amended, and has taken up and passed CCS for SS No. 2 for HB 809.

     Emergency clause adopted.

     Senator Johnson, on behalf of the conference committee appointed to act with a like committee from the House on SS No. 2 for HB 809, as amended, submitted the following conference committee report:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Substitute No. 2 for House Bill No. 809, with Senate Amendments Nos. 1 and 2; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the Senate recede from its position on Senate Substitute No. 2 for House Bill No. 809, with Senate Amendments Nos. 1 and 2;

     2. That the House recede from its position on House Bill No. 809;

     3. That the attached Conference Committee Substitute for Senate Substitute No. 2 for House Bill No. 809 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Sidney Johnson       /s/ Charlie Shields

/s/ Ed Quick           /s/ Phil Tate

/s/ Bill McKenna      /s/ Scott B. Lakin

/s/ Emory Melton      /s/ Joan Barry

/s/ Marvin Singleton      /s/ Pat A. Naeger

     Senator Johnson 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	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Scott	Sims	Singleton
Staples	Treppler	Westfall	Wiggins--32
	Nays--Senators--None
	Absent--Senators
Clay	McKenna--2
	Absent with leave--Senators--None

     On motion of Senator Johnson, CCS for SS No. 2 for HB 809, entitled:

     An Act to repeal section 190.145 as enacted by the second regular session of the eighty-eighth general assembly in senate bill no. 530 and delivered to the governor on April 22, 1996, relating to ambulance operators, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

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

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

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Curls
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Kinder	Klarich	Mathewson
Maxwell	Melton	Moseley	Mueller
Quick	Rohrbach	Russell	Schneider
Scott	Sims	Singleton	Staples
Treppler	Westfall	Wiggins--31
	Nays--Senators--None
	Absent--Senators
Clay	Lybyer	McKenna--3
	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.

     Senator Flotron moved that HB 1362, with SCS, SS for SCS and SA 1 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SA 1 was again taken up.

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

     Senator Mueller offered SA 2:

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1362, Page 2, Section 197.305, Line 13 of said page, by inserting immediately after said line, the following:

     "(5) "Continuing care retirement community", a continuing care retirement community provides at the same site or location independent housing, long-term health care and other services to older persons not related by blood or marriage to the owner or operator of the continuing care retirement community under an agreement effective for the life of the person or a specified period of time in excess of one year which guarantees or provides priority access to on-site health related long-term care services when needed;"; and

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

     Further amend said section, page 4, line 3 of said page, by inserting immediately after the word "fewer" the following: "and any continuing care retirement community referred to in subsection 8 of section 197.318, provided, however, that the expansion provided under said section is no more than ten beds or ten percent of total bed capacity, whichever is less, over a two-year period"; and

     Further amend said bill, page 10, section 197.318, line 10 of said page, by inserting immediately after said line, the following:

     "8. The provisions of section 197.317 shall not apply to any continuing care retirement community in existence on July 1, 1996 and bound by a contractual obligation on or before said date to provide residential and/or skilled nursing care in a residential care facility I, residential care facility II or skilled nursing facility, as applicable, upon demand or demonstrated need of any resident of the continuing care retirement community, which continuing care retirement community must expand its residential care facility I beds, residential care facility II beds and/or skilled nursing facility beds at the same site or location in order to satisfy its obligations to residents of the continuing care retirement community as evidenced by the actual or reasonably anticipated lack of available residential care facility I beds, residential care facility II beds or skilled nursing facility beds to meet the aforesaid demands or needs. Such qualifying continuing care retirement community may add such beds as are necessary to meet the reasonably foreseeable needs of its residents.".

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

     SA 2 was adopted by the following vote:

	Yeas--Senators
Bentley	Clay	DePasco	Goode
Graves	House	Howard	Johnson
Kenney	Kinder	Lybyer	Melton
Moseley	Mueller	Rohrbach	Russell
Schneider	Scott	Sims	Singleton
Treppler	Westfall--22
	Nays--Senators
Caskey	Curls	Ehlmann	Flotron
Mathewson	McKenna	Wiggins--7
	Absent--Senators
Banks	Klarich	Maxwell	Quick
Staples--5
	Absent with leave--Senators--None

     At the request of Senator Flotron, HB 1362, with SCS and SS for SCS, as amended (pending), was placed on the Informal Calendar.

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Senator Caskey moved that the Senate refuse to recede from its position on SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended, and grant the House a conference thereon.

     Senator Kinder offered a substitute motion that the Senate refuse to recede from its position on SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended, and grant the House a conference thereon, and further that the conferees be bound to the language in the attached amendment:

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

     (1) "Partial-birth abortion", an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery;

     (2) "Physician", a doctor of medicine or osteopathy legally authorized to practice medicine and surgery or any other individual legally authorized to perform abortions; however, any individual who is not a physician or not otherwise legally authorized by the state to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the provisions of this section.

     2. Any physician who knowingly performs a partial-birth abortion which results in the death of a human fetus is guilty of a class A misdemeanor and may be fined up to five thousand dollars. This subsection shall not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness or injury and if no other medical procedure could be performed to protect the mother's life or physical health.

     3. The penalty established in this section shall not preclude the prosecution of the physician under any alternate criminal statute, including sections 188.035 and 565.021, RSMo.

     4. The father, if married to the mother at the time she receives a partial-birth abortion procedure and, if the mother has not attained the age of eighteen years at the time of the abortion, the maternal grandparents of the fetus may, in a civil action, obtain appropriate relief against the physician performing the partial-birth abortion and the hospital where such abortion is performed, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Such relief shall include:

     (1) Money damages for all injuries, psychological and physical, occasioned by the violation of this section; and

     (2) Statutory damages equal to three times the cost of the partial-birth abortion.

     5. A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section."; and

     Further amend the title and enacting clause accordingly.

     Senator Kinder moved that the above substitute motion be adopted and requested a roll call vote be taken. He was joined in his request by Senators Treppler, Klarich, Mueller and Westfall.

     The substitute motion made by Senator Kinder was adopted by the following vote:

	Yeas--Senators
Bentley	Ehlmann	Flotron	House
Kenney	Kinder	Klarich	Melton
Mueller	Rohrbach	Russell	Schneider
Scott	Singleton	Treppler	Westfall--16
	Nays--Senators
Caskey	Clay	Curls	Goode
Howard	Johnson	Lybyer	Mathewson
Maxwell	McKenna	Moseley	Staples
Wiggins--13
	Absent--Senators
Banks	DePasco	Graves	Quick
Sims--5
	Absent with leave--Senators--None

     Senator Flotron moved that HB 1362, with SS and SS for SCS (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     Senator Treppler offered SA 3:

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1362, Page 1, Section A, Line 8 of said section, by inserting immediately after said line, the following:

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

     (1) "Criminal record review", a request to the highway patrol for information concerning any criminal history record for a felony or misdemeanor;

     (2) "Patrol", the Missouri state highway patrol;

     (3) "Provider", any licensed day care home, licensed day care center, licensed child placing agency, licensed residential care facility for children, licensed group home, licensed foster family group home, [or] licensed foster family home, any person, corporation or association licensed as an operator under chapter 198, RSMo, any person, corporation or association who provides in-home services, any person, corporation or association who employs nurses and nursing assistants for temporary or intermittent placement in health care facilities, or any entity licensed under chapter 197, RSMo;

     (4) "Patient", a person who by reason of aging, illness, disease or physical or mental infirmity receives or requires care and services furnished by a provider as defined in this section;

     [(4)] (5) "Youth services agency", any public or private agency, school, or association which provides programs, care or treatment for or which exercises supervision over minors.

     2. Upon receipt of a written request from a youth service agency or a provider, with the written consent of the applicant, the highway patrol shall conduct a criminal record review of an applicant for a paid or voluntary position with the agency or provider if such position would place the applicant in [direct] contact with minors or patients as defined in this section.

     3. Any request for information made pursuant to the provisions of this section shall be on a form provided by the highway patrol, [and] shall be signed by the person who is the subject of the request[.], and shall include a money order or check payable to the state of Missouri to cover the costs of the criminal record review. When a person applies for a paid position, the provider or the applicant shall pay for the criminal record review. When a person applies for a voluntary position, the provider shall pay for the criminal record review. Fees for a criminal record review shall not exceed the fees in section 43.530, RSMo. Each request shall be limited to one individual.

     4. Pursuant to sections 43.507 and 610.120, RSMo, the patrol shall respond in writing to the youth service agency or provider making a request for information under this section as soon as possible but not to exceed two weeks and shall inform such youth service agency or provider of the nature of the offense, and the date, place and court. Notwithstanding any other provision of law to the contrary, the youth service agency or provider making such request shall have access to all records of arrests resulting in an adjudication where the applicant was found guilty or entered a plea of guilty or nolo contendere in a prosecution under sections 566.010 to 566.141, RSMo, or under the laws of any state or the United States for offenses described in sections 566.010 to 566.141, RSMo, during the period of any probation imposed by the sentencing court.

     5. Any information received by a provider or a youth services agency under this section shall be provided to the department of health and shall be used solely for the department of health's providers, or youth service agencies' internal purposes in determining the suitability of an applicant or volunteer. The information shall be confidential and any person who discloses the information beyond the scope allowed in this section shall be subject to a class A misdemeanor. The patrol shall inform, in writing, the department of health, the provider or youth services agency of the requirements of this subsection and the penalties therein at the time it releases any information under this section."; and

     Further amend said bill, page 13, section 344.030, line 24 of said page, by inserting immediately after said line, the following:

     "660.317. 1. Before hiring any applicant for a paid or voluntary position, any person, corporation or association who:

     (1) Is licensed as an operator under chapter 198, RSMo;

     (2) Provides in-home services under contract with the department;

     (3) Employs nurses and nursing assistants for temporary or intermittent placement in health care facilities; or

     (4) Is an entity licensed under chapter 197, RSMo, shall ascertain if such applicant for a paid or voluntary position is on the employee disqualification list and shall request a criminal background check as provided in section 610.120.

     2. Failure by any person, corporation or association identified in subsection 1 of this section to ascertain if such applicant for a paid or voluntary position is on the employee disqualification list and to request a criminal background check as provided in section 610.120, RSMo, shall be a class A misdemeanor."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Singleton offered SA 4:

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1362, Page 5, Section 197.305, Line 24 of said page, by inserting immediately after said line the following:

     "197.310. 1. The "Missouri Health Facilities Review Committee" is hereby established. The agency shall provide clerical and administrative support to the committee. The committee may employ additional staff as it deems necessary.

     2. The committee shall be composed of:

     (1) [Two members] One member of the senate appointed by the president pro tem, [who shall be from different political parties;] and

     [(2) Two members] one member of the house of representatives appointed by the speaker[, who shall be from different political parties]. The president pro tem of the senate shall make the first legislative appointment. The speaker of the house shall make the second legislative appointment to a member of the house who is from a different political party as the senatorial member; and

     [(3)] (2) Five members appointed by the governor with the advice and consent of the senate, not more than three of whom shall be from the same political party.

     3. No business of this committee shall be performed without a majority of the full body.

     4. The members shall be appointed as soon as possible after September 28, 1979. One of the senate members, one of the house members and three of the members appointed by the governor shall serve until January 1, 1981, and the remaining members shall serve until January 1, 1982. All subsequent members shall be appointed in the manner provided in subsection 2 of this section and shall serve terms of two years.

     5. The committee shall elect a chairman at its first meeting which shall be called by the governor. The committee shall meet upon the call of the chairman or the governor.

     6. The committee shall review and approve or disapprove all applications for a certificate of need made under sections 197.300 to 197.365. It shall issue reasonable rules and regulations governing the submission, review and disposition of applications.

     7. Members of the committee shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.

     8. Notwithstanding the provisions of subsection 4 of section 610.025, RSMo, the proceedings and records of the facilities review committee shall be subject to the provisions of chapter 610, RSMo."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Sims offered SA 5, which was read:

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1362, Page 3, Section 197.305, Line 27, by removing "operated by a religious organization qualifying under section 501(c)(3) of the federal Internal Revenue Code, as amended,"; and

     Further amend on page 4, line 2, by placing a period "." after "operation" and remove "with a total licensed bed capacity of one hundred beds or fewer;".

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

     Senator Wiggins assumed the Chair.

     Senator Flotron moved that SS for SCS for HB 1362, as amended, be adopted, which motion prevailed.

     On motion of Senator Flotron, SS for SCS for HB 1362, as amended, was read the 3rd time and passed by the following vote:

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

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:

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

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

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

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

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended: Senators Caskey, Moseley, Maxwell, Graves and Westfall.

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 28.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 29.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SA 1 to SCA 1, SCA 1, as amended, to HJR 58 and has again taken up and passed HJR 58, as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report No. 3 on HCS for HB 991, as amended, and has taken up and passed HCS for HB 991, as amended by the conference committee report.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for SB 572, as amended, and has taken up and passed CCS for HCS for SB 572.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS No. 4 for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250 and has again taken up and passed SS No. 4 for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250.

     On motion of Senator Banks, the Senate recessed for 30 minutes.

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

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for SS for SS for SB 488, entitled:

     An Act to repeal sections 210.170 and 455.030, RSMo 1994, and sections 455.040, 455.050, 487.020 and 487.170, RSMo Supp. 1995, relating to the protection of children and adults, and to enact in lieu thereof thirteen new sections relating to the same subject, with an effective date for certain sections.

     With House Amendments Nos. 1 and 2, House Substitute Amendment No. 1 for House Amendment No. 3, House Amendments Nos. 4 and 5.

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Substitute for Senate Bill No. 488, Page 2, Section 174.773, Line 16, by deleting from said line the following: "at least"; and

     Further amend said section, Lines 17 through 22, by deleting all of said lines; and

     Further amend said section, Page 3, Lines 1 through 2 by deleting all of said lines before the word "Whenever".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Substitute for Senate Bill No. 488, Page 22, Section 487.170, by inserting after said section, the following:

     "Section 1. When a petition, which lists the names of children to the marriage who are less than eighteen years of age, is filed pursuant to the provisions of section 452.310, RSMo, the court shall order the parties to the dissolution to participate in a mediation program regarding any contested issues of child custody and visitation pursuant to the provisions of supreme court rule 88, except for good cause shown. As used in this section, "good cause" includes, but is not limited to, allegations of domestic violence, but does not mean the absence of qualified mediators."; and

     Further amend title and enacting clause accordingly.

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Substitute for Senate Bill No. 488, Section 174.770, by inserting before said section, the following:

     "43.530. For each request received by the central repository, as defined in subdivision (1) of section 43.500, the requesting entity shall pay a fee of not more than five dollars per request for criminal history record information and pay a fee of not more than [fourteen] ten dollars per request for classification and search of fingerprints; except as provided in subsection 4 of section 660.317, RSMo. Each such request shall be limited to check and search on one individual. Each request shall be accompanied by a check, warrant, voucher, or money order payable to the state of Missouri-criminal record system. There is hereby established by the treasurer of the state of Missouri a fund to be entitled as the "Criminal Record System Fund". Notwithstanding the provisions of section 33.080, RSMo, to the contrary, if the moneys collected and deposited into this fund are not totally expended annually for the purposes set forth in section 43.527, the unexpended moneys in such fund shall remain in the fund and the balance shall be kept in the fund to accumulate from year to year.

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

     (1) "Criminal record review", a request to the highway patrol for information concerning any criminal history record for a felony or misdemeanor;

     (2) "Patient or resident", a person who by reason of aging, illness, disease or physical or mental infirmity receives or requires care or services furnished by a provider, as defined in this section, or who resides or boards in, or is otherwise kept, cared for, treated or accommodated in a facility as defined in section 198.006, RSMo, for a period exceeding twenty-four consecutive hours;

     [(2)] (3) "Patrol", the Missouri state highway patrol;

     [(3)] (4) "Provider", any licensed day care home, licensed day care center, licensed child placing agency, licensed residential care facility for children, licensed group home, licensed foster family group home, [or] licensed foster family home, any operator licensed pursuant to chapter 198, RSMo, any employer of nurses or nursing assistants for temporary or intermittent placement in health care facilities, any person approved by the department of social services to issue certificates for nursing assistants training or any entity licensed pursuant to chapter 197, RSMo;

     [(4)] (5) "Youth services agency", any public or private agency, school, or association which provides programs, care or treatment for or which exercises supervision over minors.

     2. Upon receipt of a written request from a private investigatory agency, a youth service agency or a provider, with the written consent of the applicant, the highway patrol shall conduct a criminal record review of an applicant for a paid [or voluntary] position with the agency or provider if such position would place the applicant in [direct] contact with minors, or, patients or residents as defined in subsection 1 of this section.

     3. Any request for information made pursuant to the provisions of this section shall be on a form provided by the highway patrol and shall be signed by the person who is the subject of the request.

     4. Pursuant to sections 43.507 and 610.120, RSMo, the patrol shall respond in writing to the youth service agency or provider making a request for information [under] pursuant to this section and shall inform such youth service agency or provider of the nature of the offense, and the date, place and court. Notwithstanding any other provision of law to the contrary, the youth service agency or provider making such request shall have access to all records of arrests resulting in an adjudication where the applicant was found guilty or entered a plea of guilty or nolo contendere in a prosecution [under] pursuant to chapter 565, RSMo, or sections 566.010 to 566.141, RSMo, or under the laws of any state or the United States for offenses described in sections 566.010 to 566.141, RSMo, or chapter 565, RSMo, during the period of any probation imposed by the sentencing court.

     5. Any information received by a provider or a youth services agency [under] pursuant to this section shall be used solely for the [providers] provider's or youth service [agencies'] agency's internal purposes in determining the suitability of an applicant or volunteer. The information shall be confidential and any person who discloses the information beyond the scope allowed in this section [shall be subject to] is guilty of a class A misdemeanor. The patrol shall inform, in writing, the provider or youth services agency of the requirements of this subsection and the penalties [therein] provided in this subsection at the time it releases any information [under] pursuant to this section."; and

     Further amend said bill, Page 22, Section 487.170, Line 4, by inserting after all of said line the following:

     "660.317. 1. For the purposes of this section, the term "provider" means any person, corporation or association who:

     (1) Is licensed as an operator pursuant to chapter 198, RSMo;

     (2) Employs nurses or nursing assistants for temporary or intermittent placement in health care facilities;

     (3) Is approved by the department of social services to issue certificates for nursing assistants training; or

     (4) Is an entity licensed pursuant to chapter 197, RSMo.

     2. For the purpose of this section "patient or resident" has the same meaning as such term is defined in section 43.540, RSMo.

     3. Beginning August 28, 1996, within two working days of hiring any person for a full-time, part-time or temporary position that has contact with any patient or resident the provider shall, or in the case of temporary employees hired through an employment agency, the employment agency shall prior to sending a temporary employee to a provider:

     (1) Request a fingerprint criminal records review check as provided in sections 43.530 and 43.540, RSMo; and

     (2) Make an inquiry to the department of social services, whether the person is listed on the employee disqualification list as provided in section 660.315.

     4. When the provider requests a fingerprint criminal records review check pursuant to section 43.530, RSMo, the requesting entity shall pay a fee of not more than ten dollars per request for classification and search of fingerprints. The requestor entity may pass the fee on to the applicant. For the purposes of this section "criminal history" includes any conviction or a plea of guilty to a misdemeanor or felony charge and shall include any suspended imposition of sentence, any suspended execution of sentence or any period of probation or parole.

     5. An applicant for a position that has contact with patients or residents of a provider shall:

     (1) Sign a consent form as required by section 43.540, RSMo, so the provider may request a criminal records review;

     (2) Disclose the applicant's criminal history as defined in subsection 3 of this section; and

     (3) Disclose if the applicant is listed on the employee disqualification list as provided in section 660.315.

     6. A provider is guilty of a class A misdemeanor if the provider knowingly hires or continues to employ a person that has contact with patients or residents and the person has been convicted of, plead guilty to or nolo contendere in this state or any other state to any A or B felony violation of RSMo, Chapters 565, 566 or 569."; and

     Further amend title and enacting clause accordingly.

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Substitute for Senate Bill 488, Page 22, Section 487.170, by inserting after said section, the following:

     "630.710. 1. The standards contained in the rules shall particularly provide for the following:

     (1) Admission and commitment criteria, which shall be based upon diagnoses;

     (2) Care, treatment, habilitation or rehabilitation;

     (3) General medical and health care;

     (4) Adequate physical plant facilities, including fire safety, housekeeping and maintenance standards;

     (5) Food service facilities;

     (6) Safety precautions;

     (7) Drugs and medications;

     (8) Uniform system of recordkeeping;

     (9) Resident or client rights and grievance procedures;

     (10) Adequate staff.

     2. By August 28, 1997, the rules shall require a criminal record review from the highway patrol for all staff in the residential facility and day program who have unsupervised contact with persons affected by a mental disorder, mental illness, mental retardation or a developmental disability.

     [2] 3. The rules containing the standards for living units within facilities or homes shall provide for such classifications of the living units as are small enough to insure programs based upon the personal needs of the resident as determined by individualized habilitation or treatment plans. The units may include distinct parts of other facilities such as wards, wings or floors."; and

     Amend title and enacting clause accordingly.

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Substitute for Senate Bill No. 488, Page 1, by deleting all of sections 174.770, 174.773, 174.776, 174.779, 174.781, 174.783 and 174.785 and amend the title and enacting clause accordingly.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for SS for SCS for SB 869, entitled:

     An Act to repeal sections 14.040, 56.310, 56.765, 57.280, 57.290, 57.300, 57.955, 66.110, 67.133, 98.330, 141.380, 193.205, 208.215, 210.160, 210.842, 429.090, 429.120, 442.035, 452.330, 452.345, 452.395, 452.402, 452.423, 452.490, 452.610, 454.150, 455.205, 473.420, 473.618, 474.510, 476.053, 478.463, 479.260, 479.261, 482.345, 483.310, 483.312, 483.500, 483.505, 483.510, 483.530, 483.535, 483.545, 483.550, 483.580, 483.591, 485.130, 485.150, 490.130, 491.280, 492.590, 494.456, 494.480, 506.140, 506.320, 508.200, 508.210, 508.220, 508.230, 511.510, 512.050, 514.010, 514.020, 514.290, 514.300, 514.303, 514.320, 514.330, 514.335, 514.440, 514.450, 514.460, 514.470, 514.475, 514.480, 514.490, 517.151, 531.010, 537.675, 550.260, 550.300, 561.035, 590.140, 595.045, and 630.167, RSMo 1994, and sections 302.137, 478.401 and 487.170, RSMo Supp. 1995, relating to the assessment, collection, disbursement and expenditure of moneys in judicial proceedings and judicial procedures, and to enact in lieu thereof eighty-six new sections relating to the same subject, with penalty provisions, an effective date for certain sections and expiration date for certain provisions.

     With House Amendments Nos. 1, 2, 3, 4, 5, 6 and 7, House Substitute Amendment No. 1 for House Amendment No. 8, House Amendments Nos. 9 and 10.

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 147, Section 514.015, Lines 7 through 22, by deleting all of said lines and on Page 148, by deleting lines 1 through 6, and by inserting in lieu thereof the following:

     "(3) Upon notification to the party from whom the court cost is due, and upon failure to pay the fee after such notice, the court may inform the office of administration of any delinquencies in excess of twenty-five dollars. Upon receiving such notice, and without further notice by the office of administration to the defaulting party, the office of administration shall deduct the amount of unpaid court costs from any state check due to the defaulting party under any provision of law. The office of administration shall transmit the amount set off to the court, and shall send the excess amount to the payee, with a notice that the remainder of the refund was transmitted to the court in satisfaction of all or part of the unpaid court costs. The office of administration and its officials and employees shall not be liable to any person for any action taken in accordance with the requirements of this subdivision. Any proceeding contesting any action taken by a court or the office of administration pursuant to this subdivision shall be brought in the court which certified such unpaid fees to the office of administration, and shall be deemed ancillary to the proceeding for which such unpaid fees were assessed. No appearance, responsive pleading or discovery shall be due from the office of administration in such proceeding except upon order of the court;"

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 1, In the Title, Line 18 of said title, by inserting immediately after the number "561.035," the number "575.130"; and

     Further amend said bill, Page 2, In the Title, Line 25 of said title, by deleting the word "eighty-six" and inserting in lieu thereof the word "ninety-four"; and

     Further amend said bill, Page 2, In the Title, Line 26 of said title, by inserting immediately after the word "provisions" the following: ", an emergency clause for certain sections,"; and

     Further amend said bill, Page 166, Section 10, Line 1 of said page, by inserting after all of said line the following:

     "Section D. Section 575.130, RSMo 1994, is repealed and eight new sections enacted in lieu thereof, to be known as sections 575.130, 1, 2, 3, 4, 5, 6 and 7, to read as follows:

     575.130. 1. A person commits the crime of simulating legal process if, with purpose to mislead the recipient and cause him to take action in reliance thereon, he delivers or causes to be delivered:

     (1) A request for the payment of money on behalf of any creditor that in form and substance simulates any legal process issued by any court of this state; or

     (2) Any purported summons, subpoena or other legal process knowing that the process was not issued or authorized by any court.

     2. This section shall not apply to a subpoena properly issued by a notary public.

     3. Simulating legal process is a class B misdemeanor.

     4. No person shall file a nonconsensual common law lien as defined in section 1 of this act.

     5. A violation of subsection 4 of this section is a class B misdemeanor.

     6. Subsection 4 of this section shall not apply to a filing officer as defined in section 1 of this act that is acting in the scope of employment.

     Section 1. 1. For the purposes of sections 1 to 7 of this act:

     (1) "Court" is the United States Supreme Court, Federal Courts of Appeal, Federal District Courts, Federal Magistrates, Federal Administrative Courts, Missouri supreme court, Missouri courts of appeal, Missouri circuit courts, and Missouri associate circuit courts but shall not include municipal courts;

     (2) "Filing officer" is the secretary of state, the recorder of deeds of any county, the circuit clerk of any county or any public official or authorized employee required by law to accept for filing and keep as a public record any lien, deed, instrument, judgment or other document, whether in paper, electronic or other form, required to be filed or recorded under the laws of this state;

     (3) "Nonconsensual common law lien" is a document that purports to assert a lien against the assets, real or personal, of any person and that, regardless of any self-description:

     (a) Is not expressly provided for by a specific state or federal statute;

     (b) Does not depend upon the consent of the owner of the property affected or the existence of a contract for its existence; and

     (c) Is not an equitable or constructive lien imposed by a state or federal court of competent jurisdiction.

     2. Nothing in sections 1 to 7 of this act shall be construed to create a lien or interest in property not otherwise existing under state or federal law.

     3. Nothing in sections 1 to 7 of this act shall be construed to permit a municipal court to create a lien or interest in property not otherwise existing under state or federal law.

     Section 2. 1. Any filing officer may reject for filing or recording any nonconsensual common law lien. This section shall not be construed to permit rejection of a document that is shown to be authorized by contract, lease or statute or imposed by a state or federal court of competent jurisdiction or filed by a licensed attorney, a financial institution including, but not limited to, any commercial bank, savings and loan association or credit union or a Missouri state licensed mortgage company or mortgage broker.

     2. If a nonconsensual common law lien has been accepted for filing, the filing officer shall accept for filing a sworn notice of invalid lien on a form provided by the filing officer signed and submitted by the person against whom such lien was filed or such person's attorney. The form shall be captioned "Notice of Invalid Lien" and shall state the name and address of the person on whose behalf such notice is filed, the name and address of the lien claimant and a clear reference to the document or documents the person believes constitute a nonconsensual common law lien. A copy of the notice of invalid lien shall be mailed by the filing officer to the lien claimant at the lien claimant's last known address within one business day. No filing officer, county or the state shall be liable for the acceptance for filing of a nonconsensual common law lien, nor for the acceptance for filing of a sworn notice of invalid lien pursuant to this subsection.

     Section 3. Any person who attempts to file a lien against real or personal property that is rejected pursuant to subsection 1 of section 2 of this act may petition the circuit court of the county of the filing officer that rejected such lien for an order, which may be granted ex parte, directing the filing officer to file or record the lien pending a hearing on whether the lien constitutes a nonconsensual common law lien. The lien claimant shall appear before the court as the petitioner within ten business days following the date of service of the petition and order on the filing officer, and show cause, if any, why the lien should not be declared void and other relief provided for by section 5 of this act should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner's attorney setting forth a concise statement of the facts upon which the claim for relief is based.

     Section 4. Any person who has real or personal property or an interest therein, which is subject to a recorded nonconsensual common law lien who believes such lien is invalid may petition the circuit court of the county in which the lien has been recorded or filed for an order, which may be granted ex parte, directing the lien claimant to appear before the court within ten business days following the date of service of the petition and order on the lien claimant, and show cause, if any, why the claim of lien should not be declared void and other relief provided for by section 5 of this act should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner's attorney setting forth a concise statement of the facts upon which the claim for relief is based.

     Section 5. 1. Any order rendered pursuant to section 3 or 4 of this act shall clearly state that if the lien claimant fails to appear at the time and place noted, the claim of lien shall be declared void ab initio and released and that the lien claimant shall be ordered to pay the costs incurred by any other party to the proceeding, including reasonable attorney's fees.

     2. If, following a hearing on the matter, the court determines that the document at issue is a nonconsensual common law lien, the court shall issue an order declaring the lien void ab initio, releasing the lien and awarding costs and reasonable attorney's fees to the prevailing party.

     3. If the court determines that the claim of lien is valid, the court shall issue an order so stating and may award costs and reasonable attorney's fees to the prevailing party.

     4. A certified copy of any order rendered pursuant to this section shall be filed by the circuit clerk in the office of the appropriate filing officer.

     Section 6. Filing officers and any employees thereof, acting in the scope of employment, shall not be liable for damages pursuant to sections 1 to 5 of this act and, except as otherwise provided by law, shall not be required to defend decisions to accept or reject any documents.

     Section 7. Any person who records or files in the office of a filing officer:

     (1) Any document purporting to create a nonconsensual common law lien against real or personal property; or

     (2) A notice of invalid lien pursuant to subsection 2 of section 2 of this act with respect to a valid lien and which the filer knew to be false at the time of filing; shall be liable to the damaged party for actual damages or five thousand dollars, whichever is greater plus costs and reasonable attorney's fees.

     Section E. Because immediate action is necessary to prevent injustice, section D of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section D of this act shall be in full force and effect upon its passage and approval.".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 1, In the Title, Line 7, by inserting after the figure "455.205," the following: "473.233,"; and

     Further amend said bill, Page 2, In the Title, Line 25, by deleting the word "eighty-six" and inserting in lieu thereof the following: "eighty-seven"; and

     Further amend said bill, Page 111, Section C, Line 16 of said page, by inserting after the figure "208.215," the following: "473.233,"; and

     Further amend said bill, Page 111, Section C, Line 18 of said page, by deleting the word "twenty-four" and inserting in lieu thereof the following: "twenty-five"; and

     Further amend said bill, Page 111, Section C, Line 19 of said page, by inserting after the figure "208.220," the following: "473.233,"; and

     Further amend said bill, Page 127, Section 208.220, Line 1 of said page, by inserting after all of said line the following:

     "473.233. 1. Within thirty days after letters are granted, unless a longer time is granted by the court, the personal representative shall make and return an inventory and appraisement, in one written instrument, of all of the property of the decedent, including exempt property, which comes to his possession or knowledge, a statement of all encumbrances, liens, and other charges on any item, and all other property possessed by decedent at the time of his death. The property shall be classified therein as follows:

     (1) Real property, with plat or survey description and the street address or approximate direction and distance from any city or town, and the popular name thereof, if any;

     (2) Furniture, household goods, and wearing apparel, but no detailed appraisement or listing of the items thereof is required;

     (3) Corporate stocks described by name, number of shares, class of stock;

     (4) Mortgages, bonds, notes, and other written evidences of debt, together with interest due thereon, described by name of debtor, recording data, and other identification;

     (5) Bank accounts, insurance policies payable to the personal representative, and money;

     (6) All other personal property accurately identified, including a statement of the decedent's proportionate share in any partnership and of its net value as shown in the inventory required by section 473.220. No detailed appraisement or listing of the assets of the partnership property is required in the inventory filed by the personal representative;

     (7) All property possessed but not owned by the decedent at his death shall be listed in the inventory, but separately from other property, together with a statement as to the knowledge of the personal representative as to its ownership.

     2. At any time when it appears necessary, the judge or clerk may authorize the personal representative to employ a qualified and disinterested appraiser to assist him in ascertaining the fair market value, as of the date of the decedent's death, of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The name and address of any appraiser shall be indicated on the inventory with the item or items he appraised.".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 22, Section 57.955, Line 5 of said page, by inserting after the following: "court." the following: "For purposes of this section, the term "county ordinance" shall not include any ordinance of the city of St. Louis."; and

     Further amend said bill, Page 23, Section 67.133, Line 19 of said page, by inserting after the following: "court." the following: "For purposes of this section, the term "county ordinance" shall not include any ordinance of the city of St. Louis.".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 1, In the Title, Line 8 of said title, by inserting immediately after the number "478.463," the number "479.020,"; and

     Further amend said bill, Page 2, In the Title, Line 25 of said title, by deleting the word "eighty-six" and inserting in lieu thereof the word "eighty-seven"; and

     Further amend said bill, Page 111, Section C, Line 16 of said page, by inserting immediately after the number "478.463," the number "479.020"; and

     Further amend said bill, Page 111, Section C, Line 18 of said page, by deleting the word "twenty-four" and inserting in lieu thereof the word "twenty-five"; and

     Further amend said bill, Page 111, Section C, Line 20 of said page, by inserting immediately after the number "478.463," the number "479.020,"; and

     Further amend said bill, Page 129, Section 478.463, Line 18 of said page, by inserting after all of said line the following:

     "479.020. 1. Any city, town or village, including those operating under a constitutional or special charter, may, and cities with a population of four hundred thousand or more shall, provide by ordinance or charter for the selection, tenure and compensation of a municipal judge or judges consistent with the provisions of this chapter who shall have original jurisdiction to hear and determine all violations against the ordinances of the municipality. The method of selection of municipal judges shall be provided by charter or ordinance. Each municipal judge shall be selected for a term of not less than two years as provided by charter or ordinance.

     2. Except where prohibited by charter or ordinance, the municipal judge may be a part-time judge and may serve as municipal judge in more than one municipality.

     3. No person shall serve as a municipal judge of any municipality with a population of seven thousand five hundred or more or of any municipality in a county of the first class with a charter form of government unless [he be] the person is licensed to practice law in this state unless, prior to January 2, 1979, [he] such person has served as municipal judge of that same municipality for at least three years.

     4. Notwithstanding any other statute, a municipal judge need not be a resident of the municipality or of the circuit in which [he] the municipal judge serves except where ordinance or charter provides otherwise. Municipal judges shall be residents of Missouri.

     5. Judges selected under the provisions of this section shall be municipal judges of the circuit court and shall be divisions of the circuit court of the circuit in which the municipality, or major geographical portion thereof, is located. The judges of these municipal divisions shall be subject to the rules of the circuit court which are not inconsistent with the rules of the supreme court. The presiding judge of the circuit shall have general administrative authority over the judges and court personnel of the municipal divisions within the circuit. Notwithstanding the foregoing provisions of this subsection, in any city with a population of over four hundred thousand with full-time municipal judges who are subject to a plan of merit selection and retention, such municipal judges and court personnel of the municipal divisions shall not be subject to court management and case docketing in the municipal divisions by the presiding judge or the rules of the circuit court of which the municipal divisions are a part.

     6. No municipal judge shall hold any other office in the municipality which [he] the municipal judge serves as judge. The compensation of any municipal judge and other court personnel shall not be dependent in any way upon the number of cases tried, the number of guilty verdicts reached or the amount of fines imposed or collected.

     7. Municipal judges shall be at least twenty-one years of age. No person shall serve as municipal judge after [he] that person has reached [his seventieth] that person's seventy-fifth birthday.

     8. Within six months after selection for the position, each municipal judge who is not licensed to practice law in this state shall satisfactorily complete the course of instruction for municipal judges prescribed by the supreme court. The state courts administrator shall certify to the supreme court the names of those judges who satisfactorily complete the prescribed course. If a municipal judge fails to complete satisfactorily the prescribed course within six months after [his] the municipal judge's selection as municipal judge, [his] the municipal judge's office shall be deemed vacant and such person shall not thereafter be permitted to serve as a municipal judge, nor shall any compensation thereafter be paid to such person for serving as municipal judge.".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 166, Section 10, Line 1 of said page, by inserting immediately after said line the following:

     "Section 11. 1. In addition to all court fees and costs prescribed by law, a surcharge of up to ten dollars shall be assessed as costs in each court proceeding filed in any court within the thirtieth judicial circuit in all criminal cases including violations of any county or municipal ordinance or any violation of a criminal or traffic law of the state, including an infraction, except that no such surcharge shall be collected in any proceeding in any court when the proceeding or defendant has been dismissed by the court or when costs are to paid by the state, county or municipality. For violations of the general criminal laws of the state or county ordinances, no such surcharge shall be collected unless it is authorized, by order, ordinance or resolution adopted prior to January 1, 1997, by the county government where the violation occurred. For violations of municipal ordinances, no such surcharge shall be collected unless it is authorized, by order, ordinance or resolution adopted prior to January 1, 1997, by the municipal government where the violation occurred. Such surcharges shall be collected and disbursed by the clerk of each respective court responsible for collecting court costs in the manner provided by section 514.015, RSMo, and shall be payable to the treasurer of the county where the violation occurred.

     2. Each county shall use all funds received pursuant to this section only to pay for the costs associated with the construction, maintenance and operation of the county judicial facility and the circuit juvenile detention center including, but not limited to, utilities, maintenance and building security. The county shall maintain records identifying such operating costs, and any moneys not needed for the operating costs of the county judicial facility shall be transmitted quarterly to the general revenue fund of the county.

     3. This section shall expire and be of no force and effect on and after January 1, 2005."; and

     Further amend the title and Section C of said bill accordingly.

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 127, Section 208.220, Line 1, by inserting immediately after said line the following:

     455.030. 1. When the court is unavailable after business hours or on holidays or weekends, a verified petition for protection from abuse or a motion for hearing on violation of any order of protection under sections 455.010 to 455.085 may be filed before any available circuit or associate circuit court judge in the city or county having jurisdiction to hear the petition pursuant to the guidelines developed pursuant to subsection 4 of this section. An ex parte order may be granted pursuant to section 455.035.

     2. All papers in connection with the filing of a petition or the granting of an ex parte order of protection or a motion for a hearing on a violation of an order of protection under this section shall be certified by such judge or the clerk within the next regular business day to the circuit court having jurisdiction to hear the petition.

     3. A petitioner seeking a protection order shall not be required to reveal any current address or place of residence except to the judge in camera for the purpose of determining jurisdiction and venue. The petitioner may be required to provide a mailing address unless the petitioner alleges that he or she would be endangered by such disclosure, or that other family or household members would be endangered by such disclosure.

     4. The supreme court shall develop guidelines which ensure that a verified petition may be filed on holidays, evenings and weekends.

     455.040. 1. Not later than fifteen days after the filing of a petition under sections 455.010 to 455.085 a hearing shall be held unless the court deems, for good cause shown, that a continuance should be granted. At the hearing, if the petitioner has proved the allegation of abuse or stalking by a preponderance of the evidence, the court shall issue a full order of protection for a [definite] period of time [, not to exceed one hundred eighty days] the court deems appropriate, except that the protective order shall be valid for at least one hundred eighty days and not more than one year. Upon motion by the petitioner, and after a hearing by the court, the full order of protection may be renewed for a period [not to exceed] of time the court deems appropriate, except that the protective order shall be valid for at least one hundred eighty days and not more than one year from the expiration date of the originally issued full order of protection. If for good cause a hearing cannot be held on the motion to renew the full order of protection prior to the expiration date of the originally issued full order of protection, an ex parte order of protection may be issued until a hearing is held on the motion. Upon motion by the petitioner, and after a hearing by the court, the second full order of protection may be renewed for an additional period [not to exceed] of time the court deems appropriate, except that the protective order shall be valid for at least one hundred eighty days and not more than one year. For purposes of this subsection, a finding by the court of a subsequent act of abuse is not required for a renewal order of protection.

     2. The court shall cause a copy of the petition and notice of the date set for the hearing on such petition and any ex parte order of protection to be personally served upon the respondent by personal process server as provided by law or by any sheriff or police officer at least three days prior to such hearing. Such shall be served at the earliest time, and service of such shall take priority over service in other actions, except those of a similar emergency nature. The court shall cause a copy of any full order of protection to be served upon or mailed by certified mail to the respondent at his last known address. Failure to serve or mail a copy of the full order of protection to the respondent shall not affect the validity or enforceability of a full order of protection.

     3. A copy of any order of protection granted under sections 455.010 to 455.085 shall be issued to the petitioner and to the local law enforcement agency in the jurisdiction where the petitioner resides. The clerk shall also issue a copy of any order of protection to the local law enforcement agency responsible for maintaining the Missouri uniform law enforcement system or any other comparable law enforcement system the same day the order is granted. The law enforcement agency responsible for maintaining MULES shall enter information contained in the order for purposes of verification within twenty-four hours from the time the order is granted. A notice of expiration or of termination of any order of protection shall be issued to the local law enforcement agency and to the law enforcement agency responsible for maintaining MULES or any other comparable law enforcement system. The law enforcement agency responsible for maintaining the applicable law enforcement system shall enter such information in the system."; and

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

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 135, Section 490.130, Line 1 of said page, by inserting immediately after said line the following:

     "494.490. In all trials of civil actions before a circuit judge, or an associate circuit judge sitting as a circuit judge, a jury shall consist of twelve persons selected pursuant to sections 494.400 to 494.505, unless all parties agree on a lesser number, but not less than eight, in which case the number of veniremen shall be reduced accordingly. Three-fourths or more jurors may return a lawful verdict. All verdicts shall be signed by each juror who agrees to the verdict."; and

     Further amend the title and section C of said bill accordingly.

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 149, Section 537.675, Line 18, by deleting the opening bracket "[" and also on page 150, section 537.675, line 16, by deleting the closing bracket "]"; and

     Further amend said bill, Pages 158 and 159, Section 7, by deleting all of section 7.

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Pages 128-129, Section 478.321, Lines 16-22 of page 128, and lines 1-4 of page 129, by striking all of said lines.

     Emergency Clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended: Representatives Hosmer, Schilling, Smith, Murray (135), Wooten.

     Senator Staples, on behalf of the conference committee appointed to act with a like committee from the House on HCS for HB 991, 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 Committee Substitute for House Bill No. 991, 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 Senate Committee Amendment No. 1, Senate Committee Amendment No. 2, Senate Amendment No. 1, Senate Amendment No. 6, and Senate Amendment No. 15 to House Committee Substitute for House Bill No. 991;

     2. That the Senate recede from its position on Senate Committee Amendment No. 3, Senate Committee Amendment No. 4, Senate Amendment No. 2, Senate Amendment No. 3, Senate Amendment No. 4, Senate Amendment No. 5, Senate Amendment No. 7, Senate Amendment No. 11, Senate Amendment No. 12, Senate Amendment No. 13, and Senate Amendment No. 14 for House Committee Substitute for House Bill No. 991;

     3. That the attached Conference Committee Amendment No. 1 be adopted for House Committee Substitute for House Bill No. 991;

     4. That House Committee Substitute for Senate Bill No. 991 with Senate Committee Amendment No. 1, Senate Committee Amendment No. 2, Senate Amendment No. 1, Senate Amendment No. 6, Senate Amendment No. 15 and Conference Committee Amendment No. 1 be truly agreed and finally passed.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Danny Staples       /s/ Don Koller

/s/ Bill McKenna      /s/ Joan Bray

/s/ Betty Sims      /s/ Tim Van Zandt

/s/ Morris Westfall      /s/ Bonnie Sue Cooper

J.B. "Jet" Banks      /s/ Cindy Ostmann

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

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

     Further amend said bill, Page 1, Section A, Line 3, by deleting the following: "11 and 12" and inserting in lieu thereof the following: "11, 12 and 13"; and

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

     "Section 13. 1. The department of highways and transportation shall not accept any bid for a highway project with an estimated cost in excess of two million dollars received from a contractor which has performed no work for the department during the preceding five years unless the department determines the contractor making such bid satisfies the provisions of subsections 2 and 3 of this section.

     2. For the purposes of determining the qualifications of contractors governed by subsection 1 of this section, the department of highways and transportation shall promulgate rules and regulations which determine said contractor's minimum qualifications necessary for the contractor's bid to be acceptable for a highway project in excess of two million dollars. The minimum qualifications shall determine the types of work and the maximum amount of work on which a contractor may submit a bid. The minimum qualifications shall be in regards to, but are not limited to, the following:

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

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

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

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

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

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

     (7) The equipment the contractor has available for the project which includes a list of the specific equipment available for the project;

     (8) Where practical, the contractor's bonding company shall provide records of its most recent audit.

     3. Any contractor which has performed no work for the department during the preceding five years and is making a bid for a project with an estimated cost in excess of two million dollars shall provide information to the department necessary for a determination of minimum qualifications pursuant to subsection 2 of this section.

     4. All information submitted by a contractor to the department relevant to a determination of minimum qualifications and all information used by the department to determine said contractor's qualifications shall be protected from disclosure pursuant to the provisions of section 610.021, RSMo.

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

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

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

     On motion of Senator Staples, HCS for HB 991, as amended by the conference committee report, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Bentley	Caskey	DePasco	Ehlmann
Goode	Graves	House	Howard
Johnson	Kinder	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Quick	Russell	Schneider
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--26
	Nays--Senators
Banks	Clay	Curls	Flotron
Kenney	Rohrbach	Scott--7
	Absent--Senator Klarich--1
	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.

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has refuses to adopt SS for SCS for HB 1362, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Senator Flotron moved that the Senate refuse to recede from its position on SS for SCS for HB 1362, as amended, and grant the House a conference thereon, which motion prevailed.

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SS for SCS for HB 1362, as amended: Senators McKenna, Mathewson, Johnson, Kenney and Flotron.

     HCS for HB 945, with SCS, entitled:

     An Act to repeal section 319.131, RSMo Supp. 1995, relating to environmental protection, and to enact in lieu thereof nine new sections relating to the same subject, with an expiration date for certain sections.

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

     SCS for HCS for HB 945, entitled:

     An Act to amend chapter 640, RSMo, by adding two new sections relating to environmental protection, with penalty provisions.

     Was taken up.

     Senator Johnson moved that SCS for HCS for HB 945 be adopted.

     Senator Schneider offered SS for SCS for HCS for HB 945, entitled:

     An Act to repeal section 643.315, RSMo 1994, relating to environmental protection, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

     Senator Schneider moved that SS for SCS for HCS for HB 945 be adopted.

     At the request of Senator Johnson, HCS for HB 945, with SCS and SS for SCS (pending), was placed on the Informal Calendar.

     HB 985, with SCS, introduced by Representatives Franklin and Thomason, entitled:

     An Act relating to the official language of the state.

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

     Senator Staples assumed the Chair.

     SCS for HB 985, entitled:

     An Act relating to the official language of the state.

     Was taken up.

     Senator Howard moved that SCS for HB 985 be adopted.

     Senator Caskey offered SA 1:

     Amend Senate Committee Substitute for House Bill No. 985, Page 2, Section 2, Line 8, by inserting immediately after said line, the following:

     "Section 3. 1. For the purposes of this section, the following terms mean:

     (1) "Educational institution" has the same meaning as provided in section 176.010, RSMo;

     (2) "Instructional faculty member", any faculty member or graduate teaching assistant who teaches one or more credit courses, at one or more campuses of an educational institution.

     2. Each state educational institution shall evaluate, for oral, aural and written fluency in the English language, each member of its instructional faculty who did not receive the majority of both the faculty member's primary and secondary education in a program in which English was the primary language in the classroom. Such evaluation shall be provided by the educational institution at no cost to such faculty member. If a member of the instructional faculty fails an English proficiency evaluation, such faculty member may be reevaluated after a five-week period. Such faculty member shall not teach in any classroom during such five-week period. If a member of the instructional faculty passes the English proficiency evaluation, the educational institution shall review the classroom teaching methods and techniques of such faculty member within five to eight weeks after the initial evaluation to ensure such faculty member continues development in the use of the English language in the classroom.

     3. No classroom course or other classroom instructional program offered by a state educational institution shall be taught by a faculty member who is required to be evaluated pursuant to subsection 2 of this section and has not been evaluated or who has not passed such evaluation.

     4. On or before October fifteenth of each school year, each state educational institution shall provided in writing, to the coordinating board for higher education, certification that all instructional faculty members, required to be evaluated pursuant to subsection 2 of this section, hired by the educational institution or after the effective date of this section, or the date the most recent certification was filed with the coordinating board, whichever is later, have passed the evaluation required by subsection 2 of this section. To the extent practical, the coordinating board shall ensure that the reporting requirements of this subsection are coordinated with the reporting requirements of subsection 4 of section 170.012, RSMo, to reduce the amount of paperwork and number of required reports.

     5. Exemptions from the English proficiency requirement may be granted in special cases by the chief academic and executive officers of the institution.

     6. Each educational institution shall establish a program to receive complaints from students concerning instructional problems and other instructional concerns regarding instructional faculty members at the state educational institution, including problems regarding faculty English language proficiency. A student making a complaint shall not be required to provide the student's name or any other identifying information. Any identifying information obtained about the student making a complaint shall be confidential and shall not be considered an open record pursuant to chapter 610, RSMo.

     7. Each educational institution shall send a annual report to the chairman of the house budget committee and the chairman of the senate appropriations committee by January first of each year setting forth the following information:

     (1) Procedures established to guarantee instructional faculty have proficiency in both written and spoken English; and

     (2) Procedures established to inform students of grievance procedures regarding instructional faculty who are not able to speak the English language.

     8. The chairmen of the respective legislative committees provided for in subsection 7 of this section may recommend to the general assembly that an educational institution's budget be reduced because the institution has failed to comply with the requirements of this section."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Sims offered SA 2:

     Amend Senate Committee Substitute for House Bill No. 985, by adding the following new section at the end of said bill:

     "1. Nothing in this act shall prohibit a government or judicial officer or employee acting in the normal course and scope of his or her employment from using a language other than English, including use in a government document or record, if the officer or employee chooses."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Wiggins resumed the Chair.

     Senator Bentley offered SA 3, which was read:

     Amend Senate Committee Substitute for House Bill No. 985, by adding the following new section at the end of said bill:

     "1. Nothing in this act shall be construed to interfere with the public schools to provide the most appropriate, free education for all children."; and

     Further amend the title and enacting clause accordingly.

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

     Senator McKenna offered SA 4:

     Amend Senate Committee Substitute for House Bill No. 985, by adding the following new section at the end of said bill:

     "1. No provisions of this act shall interfere with any governmental obligations to Missouri's citizens in cases of public health, welfare, and safety. In such cases any and all means necessary shall be utilized to protect the health, safety, and welfare of all residents and citizens of the state without regard to language.".

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

     Senator Moseley offered SA 5:

     Amend Senate Committee Substitute for House Bill No. 985, Page 1, Section 1.2, Lines 3-7, by deleting said section in its entirety.

     Senator Moseley moved that the above amendment be adopted.

     At the request of Senator Howard, HB 985, with SCS and SA 5 (pending), was placed on the Informal Calendar.

     President Pro Tem Mathewson resumed the Chair.

     Senator Moseley, on behalf of the conference committee appointed to act with a like committee from the House on HS for HCS for SS for SCS for SB 722, 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 Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 722, as amended; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 722, as amended;

     2. That the Senate recede from its position on Senate Substitute for Senate Committee Substitute for Senate Bill No. 722;

     3. That Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 722 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Joe Moseley       /s/ Deleta Williams

/s/ Harold L. Caskey      /s/ Craig Hosmer

/s/ Ed Quick      Phil Smith

/s/ Morris Westfall      /s/ Mary Lou Sallee

/s/ Betty Sims      /s/ Marilyn Edwards-Pavia

     Senator Wiggins resumed the Chair.

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

	Yeas--Senators
Banks	Bentley	Caskey	Curls
Ehlmann	Flotron	Goode	Graves
House	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	Melton	Moseley	Mueller
Quick	Rohrbach	Russell	Schneider
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--30
	Nays--Senators
Clay	McKenna--3
	Absent--Senator DePasco--1
	Absent with leave--Senator Scott--1

     On motion of Senator Moseley, CCS for HS for HCS for SS for SCS for SB 722, entitled:

     An Act to repeal sections 43.506, 82.1000, 302.060, 302.304, 302.309, 302.505, 302.510, 302.520, 302.530, 302.535, 302.540, 302.541, 479.020, 479.040, 479.500, 577.001, 577.012, 577.020, 577.021, 577.037, 577.039, 577.041, 577.049, 577.520 and 577.525, RSMo 1994, and sections 302.010, 302.171, 302.302, 302.312 and 577.614, RSMo Supp. 1995, relating to operation of motor vehicles, and to enact in lieu thereof thirty-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	House	Howard	Johnson
Kenney	Kinder	Klarich	Lybyer
Mathewson	Maxwell	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--30
	Nays--Senators
Clay	McKenna--2
	Absent--Senator Schneider--1
	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.

     Senator Banks moved that the Senate refuse to concur in HS for HCS for SS for SS for SB 488, as amended, and request the House to recede from its position, and take up and pass SS for SS for SB 488, 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 HS for SB 805, entitled:

     An Act to amend chapter 640, RSMo, by enacting one new section relating to scholarships to increase minority and underrepresented student enrollment in environmentally related courses of study.

     With House Substitute Amendment No. 1 for House Amendment No. 1, House Amendments Nos. 3, 4 and 6.

     Amend House Substitute for Senate Bill No. 805, Page 3, Section 640.240, Line 14, by deleting after the word "colleges" the following: "made up of one representative from the University of Missouri system, one representative from Lincoln University, and one representative from Harris Stowe University"; and

     Further amend said bill, same section, line 17, by adding after the word "university" the words "and college".

     Amend House Substitute for Senate Bill No. 805, Page 4, Section 9, Line 10, by inserting immediately after said line the following:

     "10. Colleges and universities described in this section shall include public community colleges.".

     Amend House Substitute for Senate Bill No. 805, Page 4, Section 640.240, Line 4, by adding after the word "actual" the words "and necessary".

     Amend House Substitute for Senate Bill No. 805, Page 4, Section 640.240, Line 5, by deleting lines 5-10.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SCS for SB 708, entitled:

     An Act to repeal sections 319.100, 319.129 and 319.133, RSMo 1994, and sections 319.131 and 319.132, RSMo Supp. 1995, relating to storage tanks, and to enact in lieu thereof five new sections relating to the same subject.

     With House Amendments Nos. 1, 2 and 3.

     Amend House Committee Substitute for Senate Committee Substitute for Senate Bill No. 708, Page 1, Section 319.100, Line 7, by inserting immediately after the word "section" the following:

     "or aboveground storage tanks at petroleum pipeline terminals"; and

     Further amend said bill, page 5, section 319.129, subsection 8, line 56, by deleting the word "reimburse" and inserting in lieu thereof the word "compensate"; and

     Further amend said bill, page 5, section 319.129, subsection 8, line 57, by deleting the word "this"; and

     Further amend said bill, page 5, section 319.129, subsection 8, line 58, by inserting immediately after the word "subsection" the following: "8 of this section"; and

     Further amend said bill, page 5, section 319.129, subsection 8, line 58, by deleting the word "reimbursement" and inserting in lieu thereof the word "compensation"; and

     Further amend said bill, page 5, section 319.129, subsection 9, line 60, by deleting the words "purposes for which the fund is established" and inserting in lieu thereof the following:

     "fiduciary management of the fund"; and

     Further amend said bill, section 319.129, subsection 12, line 71, by deleting the words "fund administration and fiduciary oversight" and by inserting in lieu thereof the following:

     "fiduciary management of the fund"; and

     Further amend said bill, section 319.129, subsection 12, line 72, by inserting immediately after the figure "319.137." the following:

     "In no case shall the board have oversight regarding environmental cleanup standards for petroleum storage tanks.".

     Amend House Committee Substitute for Senate Committee Substitute for Senate Bill No. 708, page 9, section 319.131, lines 120-130, by deleting all of said lines and inserting in lieu thereof the following:

     (2) An owner or operator who submits a request as provided in this subsection is not required to bid the costs and expenses associated with professional environmental engineering services. The department may disapprove all or part of the costs and expenses associated with the environmental engineering services if the costs are excessive based upon comparable service costs or current market value of similar services. The owner or operator shall solicit bids for actual remediation and clean up work as provided by rules of the department. The department may by rule establish minimum qualifications for bidders of remediation and clean up work. The environmental engineer retained by the owner or operator shall provide to the department prior to the acceptance of bids for remediation or clean up estimates of reasonable anticipated costs of remediation or clean up work. Bids for any remediation or clean up work must be submitted to the department prior to commencement of remediation work and unless disapproved by the department, the contract for remediation or clean up work shall be awarded to the lowest responsive responsible bidder. The department shall have the right to reject any or all bids for failure to meet minimum qualifications or for submitting a bid in excess of reasonable cost estimates for the project. If hidden or changed conditions are encountered during remediation or clean up work, which were not stated in the environmental engineer's estimate of costs submitted to the department, the owner or operator shall submit a statement of such additional cost to the department for approval, if reimbursement is requested from the fund.

     Amend House Committee Substitute for Senate Committee Substitute for Senate Bill No. 708, page 10, section 319.132, line 19, by deleting the word "twenty" and inserting in lieu thereof the word "twelve".

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SS for SCS for HB 1362, as amended: Representatives Evans, Lakin, Smith, Copeland, Hartzler (123).

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 781.

     With House Substitute Amendment No. 1 for House Committee Amendment No. 1.

     Amend Senate Bill No. 781, Page 3, Section 221.105, Line 47, by inserting immediately after the word "appropriations" the following: ", but not less than the amount appropriated in the previous fiscal year".

     In which the concurrence of the Senate is respectfully requested.

     Senator Banks moved that SB 781, with HSA 1 for HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

     HSA 1 for HCA 1 was taken up.

     Senator Banks moved that the above amendment be adopted, which motion prevailed by the following vote:

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

     On motion of Senator Banks, SB 781, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	Graves	House	Howard
Johnson	Lybyer	Mathewson	Maxwell
McKenna	Melton	Moseley	Quick
Russell	Schneider	Sims	Singleton
Staples	Treppler	Westfall	Wiggins--28
	Nays--Senators
Kenney	Kinder	Klarich	Mueller
Rohrbach--5
	Absent--Senators--None
	Absent with leave--Senator Scott--1

     The President declared the bill passed.

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

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

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

     Bill ordered enrolled.

     Senator Schneider moved that SS for SCS for SB 869, with HS for HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed:

     HS for HCS for SS for SCS for SB 869, as amended, entitled:

     An Act to repeal sections 14.040, 56.310, 56.765, 57.280, 57.290, 57.300, 57.955, 66.110, 67.133, 98.330, 141.380, 193.205, 208.215, 210.160, 210.842, 429.090, 429.120, 442.035, 452.330, 452.345, 452.395, 452.402, 452.423, 452.490, 452.610, 454.150, 455.205, 473.420, 473.618, 474.510, 476.053, 478.463, 479.260, 479.261, 482.345, 483.310, 483.312, 483.500, 483.505, 483.510, 483.530, 483.535, 483.545, 483.550, 483.580, 483.591, 485.130, 485.150, 490.130, 491.280, 492.590, 494.456, 494.480, 506.140, 506.320, 508.200, 508.210, 508.220, 508.230, 511.510, 512.050, 514.010, 514.020, 514.290, 514.300, 514.303, 514.320, 514.330, 514.335, 514.440, 514.450, 514.460, 514.470, 514.475, 514.480, 514.490, 517.151, 531.010, 537.675, 550.260, 550.300, 561.035, 590.140, 595.045, and 630.167, RSMo 1994, and sections 302.137, 478.401 and 487.170, RSMo Supp. 1995, relating to the assessment, collection, disbursement and expenditure of moneys in judicial proceedings and judicial procedures, and to enact in lieu thereof eighty-six new sections relating to the same subject, with penalty provisions, an effective date for certain sections and expiration date for certain provisions.

     Was taken up.

     Senator Schneider moved that HS for HCS for SS for SCS for SB 869, as amended, be adopted, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Caskey	Clay	Curls
DePasco	Ehlmann	Goode	Graves
House	Johnson	Klarich	Mathewson
Maxwell	McKenna	Moseley	Quick
Schneider	Staples	Wiggins--19
	Nays--Senators
Bentley	Howard	Kenney	Kinder
Lybyer	Melton	Mueller	Rohrbach
Russell	Sims	Singleton	Treppler--12
	Absent--Senators
Flotron	Westfall--2
	Absent with leave--Senator Scott--1

     On motion of Senator Schneider, HS for HCS for SS for SCS for SB 869, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Caskey	Clay	Curls
DePasco	Ehlmann	Goode	Graves
House	Howard	Johnson	Klarich
Mathewson	Maxwell	McKenna	Moseley
Quick	Schneider	Staples	Wiggins--20
	Nays--Senators
Bentley	Kenney	Kinder	Lybyer
Melton	Mueller	Rohrbach	Russell
Sims	Singleton	Treppler	Westfall--12
	Absent--Senator Flotron--1
	Absent with leave--Senator Scott--1

     The President Pro Tem declared the bill passed.

     The emergency clause failed to receive the necessary two-thirds majority by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
House	Johnson	Klarich	Lybyer
Mathewson	Maxwell	McKenna	Moseley
Quick	Schneider	Staples	Wiggins--20
	Nays--Senators
Graves	Howard	Kenney	Kinder
Melton	Mueller	Rohrbach	Russell
Sims	Singleton	Treppler	Westfall--12
	Absent--Senator Goode--1
	Absent with leave--Senator Scott--1

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

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

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

     Bill ordered enrolled.

     Senator Curls moved that SB 805, with HS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

     HS for SB 805, as amended, entitled:

     An Act to amend chapter 640, RSMo, by enacting one new section relating to scholarships to increase minority and underrepresented student enrollment in environmentally related courses of study.

     Was taken up.

     Senator Curls moved that HS for SB 805, as amended, be adopted, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Goode	House
Howard	Johnson	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Quick	Rohrbach	Schneider	Sims
Singleton	Treppler	Westfall	Wiggins--24
	Nays--Senators
Kenney	Kinder	Klarich	Mueller
Russell--5
	Absent--Senators
Ehlmann	Flotron	Graves	Staples--4
	Absent with leave--Senator Scott--1

     On motion of Senator Curls, HS for SB 805, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Goode	House
Howard	Johnson	Lybyer	Mathewson
Maxwell	McKenna	Moseley	Quick
Rohrbach	Schneider	Sims	Singleton
Staples	Treppler	Westfall	Wiggins--24
	Nays--Senators
Graves	Kenney	Kinder	Melton
Mueller	Russell--6
	Absent--Senators
Ehlmann	Flotron	Klarich--3
	Absent with leave--Senator Scott--1

     The President Pro Tem declared the bill passed.

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

     Senator Curls 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 Caskey moved that SCS for SB 708, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SCS for SB 708, as amended, entitled:

     An Act to repeal sections 319.100, 319.129 and 319.133, RSMo 1994, and sections 319.131 and 319.132, RSMo Supp. 1995, relating to storage tanks, and to enact in lieu thereof five new sections relating to the same subject.

     Was taken up.

     Senator Caskey moved that HCS for SCS for SB 708, as amended, be adopted, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Goode	Graves
House	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Quick	Russell	Schneider
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--30
	Nays--Senator Rohrbach--1
	Absent--Senators
Ehlmann	Flotron--2
	Absent with leave--Senator Scott--1

     On motion of Senator Caskey, HCS for SCS for SB 708, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Graves
House	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Quick	Russell	Schneider
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--30
	Nays--Senators
Goode	Rohrbach--2
	Absent--Senator Flotron--1
	Absent with leave--Senator Scott--1

     The President Pro Tem declared the bill passed.

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

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

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

     Bill ordered enrolled.

     HB 1081, with SCS, introduced by Representative Carter, entitled:

     An Act to repeal section 630.053, RSMo Supp. 1995, relating to the department of mental health, and to enact in lieu thereof one new section relating to the same subject.

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

     SCS for HB 1081, entitled:

     An Act to repeal sections 630.167 and 630.460, RSMo 1994, and section 630.053, RSMo Supp. 1995, relating to the department of mental health, and to enact in lieu thereof three new sections relating to the same subject.

     Was taken up.

     Senator Banks moved that SCS for HB 1081 be adopted.

     Senator Banks offered SS for SCS for HB 1081, entitled:

     An Act to repeal sections 313.842, 630.167 and 630.460, RSMo 1994, and section 630.053, RSMo Supp. 1995, relating to the department of mental health, and to enact in lieu thereof four new sections relating to the same subject.

     Senator Banks moved that SS for SCS for HB 1081 be adopted.

     Senator Curls offered SA 1:

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1081, Page 1, Section A, Line 4, by inserting immediately after all of said line the following:

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

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

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

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

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

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

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

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

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

     (d) The land rate will be calculated as:

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

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

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

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

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

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

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

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

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

     Senator Banks moved that SS for SCS for HB 1081, as amended, be adopted, which motion prevailed.

     On motion of Senator Banks, SS for SCS for HB 1081, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Lybyer	Mathewson	Maxwell	McKenna
Melton	Mueller	Schneider	Sims
Staples	Treppler	Westfall	Wiggins--24
	Nays--Senators
Kenney	Kinder	Klarich	Rohrbach
Russell	Singleton--6
	Absent--Senators
DePasco	Moseley	Quick--3
	Absent with leave--Senator Scott--1

     The President Pro Tem declared the bill passed.

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

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

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

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SS for SCS for HS for HCS for HB 1237, as amended, and has taken up and passed CCS for SS for SCS for HS for HCS for HB 1237, as amended by Conference Committee Amendment No. 1, Conference Committee Amendment No. 2.

     Senator Maxwell, on behalf of the conference committee appointed to act with a like committee from the House on SS for SCS for HS for HCS for HB 1237, as amended, 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 Substitute for House Committee Substitute for House Bill No. 1237, as amended, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Substitute for House Committee Substitute for House Bill No. 1237;

     2. That the Senate recede from its position on Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237 with Senate Amendments Nos. 1, 4, 5, 6, 7, 8, Senate Amendment No. 1 to Senate Amendment No. 9, Senate Amendment No. 2 to Senate Amendment No. 9, Senate Amendment No. 9, as amended, Senate Amendment No. 11, Senate Amendment No. 1 to Senate Amendment No. 12, Senate Amendment No. 2 to Senate Amendment No. 12, Senate Amendment No. 3 to Senate Amendment No. 12, Senate Amendment No. 12, as amended, Senate Amendments Nos. 13, 14, 15, 16, 17, 18, 19, 22, 23, Senate Amendment No. 1 to Senate Amendment No. 24, Senate Amendment No. 24, as amended, Senate Amendments Nos. 25, 27, 28, 29, 30, 31, 32, 34, 36, 37, 38, 39, Senate Substitute Amendment No. 1 for Senate Amendment No. 40, Senate Substitute Amendment No. 1 for Senate Amendment No. 41, Senate Amendments Nos. 42 and 43;

     3. That the attached Conference Committee Substitute with Conference Committee Amendment No. 1 and Conference Committee Amendment No. 2 for Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill 1237 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Joe Maxwell      /s/ Henry Rizzo

/s/ Franc Flotron      /s/ May Scheve

/s/ Mike Lybyer      /s/ Larry Thomason

/s/ Emory Melton      /s/ Bonnie Sue Cooper

/s/ Harry Wiggins      /s/ Phil Wannemacher

     Amend Conference Committee Substitute for Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 114, Section 620.1039, Subsection 1, Line 3, by deleting "or 143.471" from said line and inserting in lieu thereof the following: ", 143.471 or 148.370"; and

     Further Amend Said Bill, Page 119, Section 67.641, Subsection 3, Line 2 from top of said page, by inserting immediately after the word "government" the following: "on August 28, 1989"; and

     Further Amend Said Bill, Section 3, Subsection 2, Line 1 of said subsection on Page 198 and Line 1 at the top of Page 199, by deleting the following: ", and any satellite office or offices,"; and

     Further Amend Said Bill, Page 199, Section 5, Lines 4-7 of said section, by deleting all of said lines and inserting in lieu thereof the following: "be located in Jefferson City.".

     Amend Conference Committee Substitute for Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 66, Section 135.247, Subsection 3, Subdivision 3, Lines 6-7, by deleting both of said lines and inserting in lieu thereof the following: "an enterprise zone which is located within any city of the third classification which is partially located within a county of the first class with a population of one hundred fifty".

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

     Senator Singleton offered the following substitute motion:

Mr. President: I have a substitute motion that:

1. The Senate refuse to adopt the Conference Committee Substitute for SS for SCS for HS for HCS for HB 1237; and

2. The bill be returned to conference; and

3. The Senate conferees be instructed to adopt SS for SCS for HS for HCS for HB 1237 with the following changes to section 67.641 of the SS, pertaining to convention and sports complex funds:

     Strike the brackets from around the word "two" and delete the word "three" on line 10 of page 12, lines 11 and 25 of page 13, and line 18 of page 14 of the Senate Substitute.

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

     Senator Singleton offered the following substitute motion:

Mr. President: I have a substitute motion that:

1. The Senate refuse to adopt the Conference Committee Substitute for SS for SCS for HS for HCS for HB 1237; and

2. The bill be returned to conference; and

3. The Senate conferees be instructed to adopt only a conference committee report with the following change to section 32.115, pertaining to tax credits:

     Strike the brackets from around the word "twenty" and delete the word "twenty- two" as shown on line 21 of page 9 of the Senate Substitute, which motion failed.

     Senator Sims raised the point of order that the conference committee report is out of order in that the conferees exceeded the differences between the Houses by adding Section 253.385.

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

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

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

     On motion of Senator Maxwell, CCS for SS for SCS for HS for HCS for HB 1237, as amended by the conference committee report, entitled:

     An Act to repeal sections 32.105, 32.111, 67.641, 67.1000, 71.015, 94.875, 100.270, 135.300, 135.305, 135.307, 135.309, 135.311, 135.403, 135.405, 143.782, 144.011, 148.330, 148.350, 172.273, 274.030, 274.220, 274.230, 338.056, 349.010, 620.158 and 620.1039, RSMo 1994, and sections 32.115, 71.012, 100.296, 135.100, 135.110, 135.207, 135.225, 135.230, 135.245, 135.247, 144.030, 447.708 and 620.482, RSMo Supp. 1995, and both versions of section 135.400, RSMo Supp. 1995, as enacted in house bill no. 414 and in senate bill no. 445 by the eighty-eighth general assembly, relating to economic development, and to enact in lieu thereof eighty-one new sections relating to the same subject, with an effective date for certain sections.

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

	Yeas--Senators
Banks	Bentley	Caskey	Clay
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Kinder	Klarich	Lybyer
Mathewson	Maxwell	McKenna	Melton
Moseley	Mueller	Quick	Russell
Schneider	Sims	Singleton	Staples
Treppler	Wiggins--30
	Nays--Senators
Rohrbach	Westfall--2
	Absent--Senator Curls--1
	Absent with leave--Senator Scott--1

     The President Pro Tem declared the bill passed.

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

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

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

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SS for HB 1432 and has taken up and passed CCS for SS for HB 1432.

     Emergency clause adopted.

     Senator Quick, on behalf of the conference committee appointed to act with a like committee from the House on SS for HB 1432, 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 House Bill No. 1432; 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 Bill No. 1432;

     2. That the Senate recede from its position on Senate Substitute for House Bill No. 1432;

     3. That the attached Conference Committee Substitute for Senate Substitute for House Bill No. 1432 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Ed Quick       /s/ Sam Leake

/s/ Bill McKenna      /s/ Gene Copeland

/s/ Sidney Johnson      /s/ Chris Liese

/s/ Irene Treppler      /s/ Philip Wannemacher

/s/ David Klarich      /s/ T. Mark Elliott

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

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

     On motion of Senator Quick, CCS for SS for HB 1432, entitled:

     An Act to repeal sections 408.110, 443.130, 456.500, 456.520, 456.600 and 473.787, RSMo 1994, and section 361.160, RSMo Supp. 1995, relating to financial transactions, and to enact in lieu thereof twenty-one new sections relating to the same subject, with an emergency clause for a certain section.

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

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

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:

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

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

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

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

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 524.

     With House Committee Amendment No. 1.

     Amend Senate Committee Substitute for Senate Bill No. 524, Page 1, In the Title, Line 4, by inserting immediately after the word "subject" the following: ", with an emergency clause for a certain section"; and

     Further amend said bill, Page 2, Section 317.001, Line 36, by inserting immediately after "(2)" the following: "Combative fighting", also known as "toughman fighting", "toughwoman fighting", "badman fighting", "ultimate fighting", "U.F.C." and "extreme fighting", any boxing or wrestling match, contest or exhibition, between two or more contestants, with or without protective headgear, who use their hands, with or without gloves, or their feet, or both, and who compete for a financial prize or any item of pecuniary value, and which match, contest, tournament championship or exhibition is not recognized by and not sanctioned by any officially recognized state, regional or national boxing or athletic sanctioning authority, or any promotor duly licensed by the department of economic development;

     (3)"; and

     Further amend said bill, Page 2, Section 317.001, Line 39, by deleting "(3)" and inserting in lieu thereof the number "(4)"; and

     Further amend said bill, Page 2, Section 317.001, Line 41, by deleting "(4)" and inserting in lieu thereof the number "(5)"; and

     Further amend said bill, Page 2, Section 317.001, Line 42, by deleting "(5)" and inserting in lieu thereof the number "(6)"; and

     Further amend said bill, Page 2, Section 317.001, Line 44, by deleting "(6)" and inserting in lieu thereof the number "(7)"; and

     Further amend said bill, Page 3, Section 317.001, Line 46, by deleting "(7)" and inserting in lieu thereof the number "(8)"; and

     Further amend said bill, Page 3, Section 317.001, Line 48, by deleting "(8)" and inserting in lieu thereof the number "(9)"; and

     Further amend said bill, Page 3, Section 317.001, Line 50, by deleting "(9)" and inserting in lieu thereof the number "(10)"; and

     Further amend said bill, Page 3, Section 317.001, Line 52, by deleting "(10)" and inserting in lieu thereof the number "(11)"; and

     Further amend said bill, Page 3, Section 317.001, Line 54, by deleting "(11)" and inserting in lieu thereof the number "(12)"; and

     Further amend said bill, Page 3, Section 317.001, Line 60, by deleting "(12)" and inserting in lieu thereof the number "(13)"; and

     Further amend said bill, Page 3, Section 317.001, Line 65, by deleting "(13)" and inserting in lieu thereof the number "(14)"; and

     Further amend said bill, Page 3, Section 317.001, Line 72, by deleting "(14)" and inserting in lieu thereof the number "(15)"; and

     Further amend said bill, Page 3, Section 317.001, Line 73, by deleting "(15)" and inserting in lieu thereof the number "(16)"; and

     Further amend said bill, Page 5, Section 317.006, Line 72, by deleting the word "ultimate" and inserting in lieu thereof the word "combative"; and

     Further amend said bill, Page 7, Section 317.012, Lines 1 to 10, by deleting all of said lines; and

     Further amend said bill, Page 10, Section 317.015, Line 64, by inserting after all of said line the following:

     "Section B. Chapter 317, RSMo, is amended by adding thereto one new section, to be known as section 317.018, to read as follows:

     317.018. 1. Combative fighting is prohibited in the state of Missouri.

     2. Anyone who promotes or participates in combative fighting, or anyone who serves as an agent, principal partner, publicist, vendor, producer, referee, or contractor of or for combative fighting is guilty of a class D felony.

     3. Any medical personnel who administers to, treats or assists any participants of combative fighting shall not be subject to the provisions of this section.

     4. Nothing in section 317.001 or this section shall be construed to give authority to the Missouri state athletic commission to regulate boxing, sparring, wrestling or contact karate conducted by entities which are not regulated on the effective date of this section, including but not limited to events conducted by the:

     (1) Military;

     (2) Private schools;

     (3) Church schools;

     (4) Home schools;

     (5) Martial arts academies;

     (6) Private gyms;

     (7) YWCAs and YMCAs;

     (8) Elementary and secondary schools;

     (9) College and university inter-and intra-mural;

     (10) Fraternal organizations;

     (11) Camps, conducted by church or not-for-profit organizations;

     (12) Olympic committees; or

     (13) Correctional facilities.

     5. Nothing in section 317.001 or this section is intended to regulate, or interfere with or make illegal, traditional, sanctioned boxing, including professional, amateur, scholastic, championship boxing, amateur wrestling or scholastic wrestling.

     Section C. Because immediate action is necessary to ensure the health and safety of certain athletes, section B of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section B of this act shall be in full force and effect upon its passage and approval.".

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Senator Clay moved that SCS for SB 524, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

     HCA 1 was taken up.

     Senator Clay moved that the above amendment be adopted, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Caskey	Clay	Ehlmann
Flotron	Goode	Graves	House
Howard	Johnson	Kenney	Kinder
Klarich	Lybyer	Mathewson	Maxwell
McKenna	Melton	Moseley	Mueller
Rohrbach	Russell	Schneider	Singleton
Staples	Treppler	Westfall	Wiggins--28
	Nays--Senators--None
	Absent--Senators
Bentley	Curls	DePasco	Quick
Sims--5
	Absent with leave--Senator Scott--1

     On motion of Senator Clay, SCS for SB 524, as amended, was read the 3rd time and passed by the following vote:

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

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:

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

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

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

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

     Bill ordered enrolled.

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for SB 768, entitled:

     An Act to repeal sections 355.176, 355.331, 402.215 and 473.657, RSMo 1994, relating to certain incorporated and non-incorporated entities, and to enact in lieu thereof ten new sections relating to the same subject.

     With House Substitute Amendment No. 1 for House Amendment No. 1.

     Amend House Substitute for Senate Bill No. 768, page 17, section 5, by inserting after said section, the following:

     "Section 6. 1. It is the public policy of this state to recognize marriage only between a man and a woman.

     2. Any purported marriage not between a man and a woman is invalid.

     3. No recorder shall issue a marriage license, except to a man and a woman."; and

     Further amend title and enacting clause accordingly.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report No. 2 on HS for SB 757, as amended, and has taken up and passed HS for SB 757, as amended by the conference committee report.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 836, entitled:

     An Act to repeal sections 362.471, 427.041, 443.130, 456.500, 456.520, 456.600 and 473.787, RSMo 1994, relating to certain financial transactions, and to enact in lieu thereof twenty-five new sections relating to the same subject, with an emergency clause for a certain section.

     Emergency clause adopted.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for SCS for SBs 604, 666 and 816, entitled:

     An Act to repeal sections 337.030, 337.045, 337.500, 337.505 and 337.510, RSMo 1994, and sections 337.020 and 337.050, RSMo Supp. 1995, relating to the regulation and licensing of psychologists and counselors, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HS for HCS for SS for SS for SB 488, as amended, and request the Senate concur in HS, as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SB 664, as amended, and has taken up and passed CCS for SB 664.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for SS for SCS for SBs 723 and 891, as amended, and has taken up and passed HCS for SS for SCS for SBs 723 and 891, as amended by the conference committee report.

     Emergency clause adopted.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HS for HCS for HBs 1169 and 1271, as amended, and has taken up and passed CCS for SCS for HS for HCS for HBs 1169 and 1271.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HS for HCS for SS for SCS for SB 722, as amended, and has taken up and passed CCS for HS for HCS for SS for SCS for SB 722.

     Bill ordered enrolled.

     President Wilson assumed the Chair.

     Senator Howard moved that SB 768, with HS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

     HS for SB 768, as amended, entitled:

     An Act to repeal sections 355.176, 355.331, 402.215 and 473.657, RSMo 1994, relating to certain incorporated and non-incorporated entities, and to enact in lieu thereof ten new sections relating to the same subject.

     Was taken up.

     Senator Howard moved that HS for SB 768, as amended, be adopted, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Ehlmann
Goode	Graves	House	Howard
Johnson	Kenney	Kinder	Klarich
Mathewson	Maxwell	McKenna	Melton
Mueller	Quick	Rohrbach	Russell
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--26
	Nays--Senators
Clay	Moseley--2
	Absent--Senators
Curls	DePasco	Flotron	Lybyer
Schneider--5
	Absent with leave--Senator Scott--1

     On motion of Senator Howard, HS for SB 768, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	DePasco
Ehlmann	Flotron	Goode	Graves
House	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Quick
Rohrbach	Russell	Schneider	Sims
Singleton	Staples	Treppler	Westfall
Wiggins--29
	Nays--Senators
Clay	Moseley--2
	Absent--Senators
Curls	Mueller--2
	Absent with leave--Senator Scott--1

     The President declared the bill passed.

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

     Senator Howard 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 Caskey, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HS for HCS for HBs 1169 and 1271, as amended, submitted the following conference committee report:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1169 and 1271, as amended; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Substitute for House Committee Substitute for House Bills Nos. 1169 and 1271;

     2. That the Senate recede from its position on Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1169 and 1271, as amended;

     3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1169 and 1271 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Harold L. Caskey       /s/ Deleta Williams (121)

/s/ Joe Moseley      /s/ Craig Hosmer

/s/ Ed Quick      Phil Smith

/s/ Morris Westfall      /s/ Mary Lou Sallee

/s/ Betty Sims     /s/ Marilyn Edwards-Pavia

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

	Yeas--Senators
Banks	Bentley	Caskey	DePasco
Ehlmann	Flotron	Goode	Graves
House	Howard	Johnson	Kenney
Kinder	Lybyer	Mathewson	Maxwell
Melton	Moseley	Mueller	Quick
Rohrbach	Russell	Sims	Singleton
Staples	Treppler	Westfall	Wiggins--28
	Nays--Senators
Clay	Klarich	Schneider--3
	Absent--Senators
Curls	McKenna--2
	Absent with leave--Senator Scott--1

     On motion of Senator Caskey, CCS for SCS for HS for HCS for HBs 1169 and 1271, entitled:

     An Act to repeal sections 43.506, 82.1000, 302.060, 302.304, 302.309, 302.505, 302.510, 302.520, 302.530, 302.535, 302.540, 302.541, 479.020, 479.040, 479.500, 577.001, 577.012, 577.020, 577.021, 577.037, 577.039, 577.041, 577.049, 577.520 and 577.525, RSMo 1994, and sections 302.010, 302.171, 302.302, 302.312 and 577.614, RSMo Supp. 1995, relating to operation of motor vehicles, and to enact in lieu thereof thirty-two new sections relating to the same subject.

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

	Yeas--Senators
Banks	Bentley	Caskey	DePasco
Ehlmann	Flotron	Goode	Graves
House	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Sims	Singleton	Staples
Treppler	Westfall	Wiggins--31
	Nays--Senator Clay--1
	Absent--Senator Curls--1
	Absent with leave--Senator Scott--1

     The President declared the bill passed.

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

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

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

     Senator Howard moved that SCS for SBs 604, 666 and 816, with HS for HCS, be taken up for 3rd reading and final passage, which motion prevailed.

     HS for HCS for SCS for SBs 604, 666 and 816, entitled:

     An Act to repeal sections 337.030, 337.045, 337.500, 337.505 and 337.510, RSMo 1994, and sections 337.020 and 337.050, RSMo Supp. 1995, relating to the regulation and licensing of psychologists and counselors, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.

     Was taken up.

     Senator Howard moved that HS for HCS for SCS for SBs 604, 666 and 816, be adopted, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Curls
DePasco	Flotron	House	Howard
Johnson	Lybyer	Mathewson	Maxwell
McKenna	Moseley	Quick	Rohrbach
Schneider	Sims	Singleton	Staples
Treppler	Westfall	Wiggins--23
	Nays--Senators
Ehlmann	Goode	Graves	Kenney
Kinder	Klarich	Melton	Mueller
Russell--9
	Absent--Senator Clay--1
	Absent with leave--Senator Scott--1

     On motion of Senator Howard, HS for HCS for SCS for SBs 604, 666 and 816 was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Curls
DePasco	Flotron	Goode	House
Howard	Johnson	Lybyer	Mathewson
Maxwell	McKenna	Moseley	Quick
Rohrbach	Schneider	Sims	Singleton
Staples	Treppler	Westfall	Wiggins--24
	Nays--Senators
Ehlmann	Graves	Kenney	Kinder
Klarich	Melton	Mueller	Russell--8
	Absent--Senator Clay--1
	Absent with leave--Senator Scott--1

     The President declared the bill passed.

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

     Senator Howard 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 Quick moved that the Senate refuse to concur in HCS for SB 836 and request the House to recede from its position or failing to do so, grant the Senate a conference thereon, which motion prevailed.

     Senator Johnson moved that HCS for HB 945, with SCS and SS for SCS (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     At the request of Senator Schneider, SS for SCS for HCS for HB 945 was withdrawn.

     SCS for HCS for HB 945 was again taken up.

     Senator Klarich offered SA 1:

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 945, Page 6, Section 640.048, Line 141, by inserting immediately after said line the following:

     "8. Any county of the first classification without a charter form of government and with a population of at least eighty thousand shall be exempt from regulation pertaining only to the burning of residential trash in unincorporated areas under Rule 10-5.070 of the Code of State Regulations until such county has attained a population of at least one-hundred thousand.".

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

     Senator House offered SA 2:

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 945, Page 2, Section 640.045, Line 23, by striking "knowledgeable and competent facility employee, or by a" from said line; and

     Further amend said bill, page 6, section 640.048, lines 122-123, by striking all of said lines; and

     Further amend said section, by renumbering the remaining subdivisions accordingly.

     Senator House moved that the above amendment be adopted.

     At the request of Senator Johnson, HCS for HB 945, with SCS and SA 2 (pending), was placed on the Informal Calendar.

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

     Mr. President: Your Committee on State Budget Control, to which were referred HB 1113, with SCS, and HCS for HB 1372, with SCS, begs leave to report that it has considered the same and recommends that the bills do pass.

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refused to adopt the conference committee report on SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended, and requests further conference on SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended.

     Senator Caskey moved that the Senate grant the House further conference on SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended, which motion prevailed.

     Senator Staples resumed the Chair.

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended: Senators Caskey, Moseley, Maxwell, Graves and Westfall.

     HB 1113, with SCS, introduced by Representative Stoll, entitled:

     An Act to repeal sections 173.250 and 313.835, RSMo 1994, relating to certain scholarship programs, and to enact in lieu thereof seven new sections relating to the same subject.

     Was taken up by Senator Bentley.

     SCS for HB 1113, entitled:

     An Act to repeal sections 173.355, 173.385 and 313.835, RSMo 1994, and section 173.239, RSMo Supp. 1995, relating to certain scholarship programs, and to enact in lieu thereof nine new sections relating to the same subject.

     Was taken up.

     Senator Bentley moved that SCS for HB 1113 be adopted.

     Senator Bentley offered SS for SCS for HB 1113, entitled:

     An Act to repeal section 173.239, RSMo Supp. 1995, relating to certain scholarship programs, and to enact in lieu thereof six new sections relating to the same subject.

     Senator Bentley moved that SS for SCS for HB 1113 be adopted.

     Senator House offered SA 1:

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1113, Page 2, Section 173.239, Line 27 of said page, by inserting immediately after said line the following:

     "173.250. 1. There is hereby established a "Higher Education Academic Scholarship Program" and any moneys appropriated by the general assembly for this program shall be used to provide scholarships for Missouri citizens to attend a Missouri college or university of their choice pursuant to the provisions of this section.

     2. The definitions of terms set forth in section 173.205 shall be applicable to such terms as used in this section. The term "academic scholarship" means an amount of money paid by the state of Missouri to a qualified college or university student who has demonstrated superior academic achievement pursuant to the provisions of this section.

     3. The coordinating board for higher education shall be the administrative agency for the implementation of the program established by this section, and shall:

     (1) Promulgate reasonable rules and regulations for the exercise of its functions and the effectuation of the purposes of this section, including regulations for granting scholarship deferments;

     (2) Prescribe the form and the time and method of awarding academic scholarships, and shall supervise the processing thereof; and

     (3) Select qualified recipients to receive academic scholarships, make such awards of academic scholarships to qualified recipients and determine the manner and method of payment to the recipient.

     4. A student shall be eligible for initial or renewed academic scholarship if he or she is in compliance with the eligibility requirements set forth in section 173.215 excluding the requirement of financial need and undergraduate status and excluding the provisions of subdivision (6) of subsection 1 of section 173.215, and in addition meets the following requirements:

     (1) Initial academic scholarships shall be offered in the academic year immediately following graduation from high school to Missouri high school seniors whose composite scores on the American College Testing Program (ACT) or the Scholastic Aptitude Test (SAT) of the College Board are in the top three percent of all Missouri students taking those tests during the school year in which the scholarship recipients graduate from high school. In the freshman year of college, scholarship recipients are required to maintain status as a full-time student;

     (2) Academic scholarships are renewable if the recipient remains in compliance with the applicable provisions of section 173.215 and the recipient makes satisfactory academic degree progress as a full-time student.

     5. A student who is enrolled or has been accepted for enrollment as a postsecondary student at an approved private or public institution beginning with the fall, 1987, term and who meets the other eligibility requirements for an academic scholarship shall, within the limits of the funds appropriated and made available, be offered an academic scholarship in the amount of two thousand dollars for the first academic year of study, which scholarship shall be renewable in the amount of two thousand dollars annually for the second, third and fourth academic years or as long as the recipient is in compliance with the applicable eligibility requirements set forth in section 173.215 except as provided in this section, provided those years of study are continuous and the student continues to meet eligibility requirements for the scholarship; provided, however, if a recipient ceases all attendance at an approved public or private institution for the purpose of providing service to a nonprofit organization, a state or federal government agency or any branch of the armed forces of the United States, the recipient shall be eligible for a renewal scholarship upon return to any approved public or private institution, provided the recipient:

     (1) Returns to full-time status within twenty-seven months;

     (2) Provides verification in compliance with coordinating board for higher education rules that the service to the nonprofit organization was satisfactorily completed and was not compensated other than for expenses or that the service to the state or federal governmental agency or branch of the armed forces of the United States was satisfactorily completed; and

     (3) Meets all other requirements established for eligibility to receive a renewal scholarship.

     6. A recipient of academic scholarship awarded under this section may transfer from one approved Missouri public or private institution to another without losing eligibility for the scholarship. If a recipient of the scholarship at any time withdraws from an approved private or public institution so that under the rules and regulations of that institution he or she is entitled to a refund of any tuition, fees or other charges, the institution shall pay the portion of the refund attributable to the scholarship for that term to the coordinating board for higher education.

     7. Other provisions of this section to the contrary notwithstanding, if a recipient has been awarded an initial academic scholarship pursuant to the provisions of this section but is unable to use the scholarship during the first academic year because of illness, disability, pregnancy or other medical need or if a recipient ceases all attendance at an approved public or private institution because of illness, disability, pregnancy or other medical need, the recipient shall be eligible for an initial or renewal scholarship upon enrollment in or return to any approved public or private institution, provided the recipient:

     (1) Enrolls in or returns to full-time status within twenty-seven months;

     (2) Provides verification in compliance with coordinating board for higher education rules of sufficient medical evidence documenting an illness, disability, pregnancy or other medical need of such person to require that that person will not be able to use the initial or renewal scholarship during the time period for which it was originally offered; and

     (3) Meets all other requirements established for eligibility to receive an initial or a renewal scholarship."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Bentley moved that SS for SCS for HB 1113, as amended, be adopted, which motion prevailed.

     On motion of Senator Bentley, SS for SCS for HB 1113, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	Ehlmann	Flotron	Graves
House	Howard	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Quick	Russell	Schneider
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--30
	Nays--Senators
Goode	Rohrbach--2
	Absent--Senator DePasco--1
	Absent with leave--Senator Scott--1

     The President declared the bill passed.

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

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

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

     HB 1524, with SCS, was placed on the Informal Calendar.

     President Pro Tem Mathewson resumed the Chair.

     HB 992, with SCA 1, introduced by Representative Gaw, et al, entitled:

     An Act to repeal section 454.360, RSMo 1994, relating to enforcement of support law, and to enact in lieu thereof fifty-five new sections relating to the same subject, with an effective date.

     Was taken up by Senator Wiggins.

     SCA 1 was taken up.

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

     Senator Howard offered SA 1:

     Amend House Bill No. 992, Page 1, In the Title, Lines 2-3, by striking said lines and inserting in lieu thereof the following: "To repeal sections 210.150, 210.152 and 210.183, RSMo 1994, relating to child protection and support, and to enact in lieu thereof fifty-six new sections relating to the same subject, with an effective date."; and

     Further amend said bill, page 1, section A, line 1, by striking said line and inserting in lieu thereof the following:

     "Section A. Sections 210.150, 210.152 and 210.183, RSMo 1994, are repealed and fifty-six new sections enacted in lieu thereof,"; and further on line 2, by inserting immediately after the word "sections" the following: "210.150, 210.152, 210.183,"; and

     Further amend said bill, page 1, section A, line 7, by inserting immediately after said line, the following:

     "210.150. 1. The division of family services shall ensure the confidentiality of all reports and records made pursuant to sections 210.109 to 210.183 and maintained by the division, its local offices, the central registry, and other appropriate persons, officials, and institutions pursuant to sections 210.109 to 210.183. To protect the rights of the family and the child named in the report as a victim, the division of family services shall establish guidelines which will ensure that any disclosure of information concerning the abuse and neglect involving that child is made only to persons or agencies that have a right to such information. The division may require persons to make written requests for access to records maintained by the division. The division shall only release information to persons who have a right to such information. The division shall notify persons receiving information pursuant to subdivisions (2), (7), (8) and (9) of subsection 2 of this section of the purpose for which the information is released and of the penalties for unauthorized dissemination of information. Such information shall be used only for the purpose for which the information is released.

     2. Only the following persons shall have access to investigation records contained in the central registry:

     (1) Appropriate federal, state or local criminal justice agency personnel, or any agent of such entity, with a need for such information under the law to protect children from abuse or neglect;

     (2) A physician or a designated agent who reasonably believes that the child being examined may be abused or neglected;

     (3) Appropriate staff of the division and of its local offices, including interdisciplinary teams which are formed to assist the division in investigation, evaluation and treatment of child abuse and neglect cases or a multidisciplinary provider of professional treatment services for a child referred to the provider;

     (4) Any child named in the report as a victim, or a legal representative, or the parent, if not the alleged perpetrator, or guardian of such person when such person is a minor, or is mentally ill or otherwise incompetent, but the names of reporters shall not be furnished to persons in this category. Prior to the release of any identifying information, the division of family services shall determine if the release of such identifying information may place a person s life or safety in danger. If the division makes the determination that a person s life or safety may be in danger, the identifying information shall not be released. The division shall provide a method for confirming or certifying that a designee is acting on behalf of a subject;

     (5) Any alleged perpetrator named in the report, but the names of reporters shall not be furnished to persons in this category. Prior to the release of any identifying information, the division of family services shall determine if the release of such identifying information may place a person s life or safety in danger. If the division makes the determination that a person s life or safety may be in danger, the identifying information shall not be released. However, the investigation reports will not be released to any alleged perpetrator with pending criminal charges arising out of the facts and circumstances named in the investigation records until an indictment is returned or an information filed;

     (6) A grand jury, juvenile officer, prosecuting attorney, law enforcement officer involved in the investigation of child abuse or neglect, juvenile court or other court conducting abuse or neglect or child protective proceedings, and other federal, state and local government entities, or any agent of such entity, with a need for such information in order to carry out its responsibilities under the law to protect children from abuse or neglect;

     (7) Any person engaged in a bona fide research purpose, with the permission of the director; provided, however, that no information identifying the child named in the report as a victim or the reporters shall be made available to the researcher, unless the identifying information is essential to the research or evaluation and the child named in the report as a victim or, if the child is less than eighteen years of age, through the child s parent, or guardian provides written permission;

     (8) Any child care facility; child placing agency; residential care facility, including group homes; juvenile courts; public or private elementary schools; public or private secondary schools; or any other public or private agency exercising temporary supervision over a child or providing or having care or custody of a child who may request an examination of the central registry from the division for all employees and volunteers or prospective employees and volunteers, who do or will provide services or care to children. Any agency or business recognized by the division of family services or business which provides training and places or recommends people for employment or for volunteers in positions where they will provide services or care to children may request the division to provide an examination of the central registry. Such agency or business shall provide verification of its status as a recognized agency. Requests for examinations shall be made to the division director or the director s designee in writing by the chief administrative officer of the above homes, centers, public and private elementary schools, public and private secondary schools, agencies, or courts. The division shall respond in writing to that officer. The response shall include information pertaining to the nature and disposition of any report or reports of abuse or neglect revealed by the examination of the central registry. This response shall not include any identifying information regarding any person other than the alleged perpetrator of the abuse or neglect;

     (9) Any person who inquires about a child abuse or neglect report involving a specific child care facility, child placing agency, residential care facility, public and private elementary schools, public and private secondary schools, juvenile court or other state agency. The information available to these persons is limited to the nature and disposition of any report contained in the central registry and shall not include any identifying information pertaining to any person mentioned in the report;

     (10) Any state agency acting pursuant to statutes regarding a license of any person, institution, or agency which provides care for or services to children;

     (11) Any child fatality review panel established pursuant to section 210.192 or any state child fatality review panel established pursuant to section 210.195.

     3. Only the following persons shall have access to records maintained by the division pursuant to section 210.152 for which the division has received a report of child abuse and neglect and which the division has determined that there is insufficient evidence or in which the division proceeded with the family assessment and services approach:

     (1) Appropriate staff of the division;

     (2) Any child named in the report as a victim, or a legal representative, or the parent or guardian of such person when such person is a minor, or is mentally ill or otherwise incompetent. The names or other identifying information of reporters shall not be furnished to persons in this category. Prior to the release of any identifying information, the division of family services shall determine if the release of such identifying information may place a person s life or safety in danger. If the division makes the determination that a person s life or safety may be in danger, the identifying information shall not be released. The division shall provide for a method for confirming or certifying that a designee is acting on behalf of a subject;

     (3) Any alleged perpetrator named in the report, but the names of reporters shall not be furnished to persons in this category. Prior to the release of any identifying information, the division of family services shall determine if the release of such identifying information may place a person s life or safety in danger. If the division makes the determination that a person s life or safety may be in danger, the identifying information shall not be released. However, the investigation reports will not be released to any alleged perpetrator with pending criminal charges arising out of the facts and circumstances named in the investigation records until an indictment is returned or an information filed;

     (4) Any child fatality review panel established pursuant to section 210.192 or any state child fatality review panel established pursuant to section 210.195;

     (5) Appropriate criminal justice agency personnel or juvenile officer;

     (6) Multidisciplinary agency or individual including a physician or physician s designee who is providing services to the child or family, with the consent of the parent or guardian of the child or legal representative of the child;

     (7) Any person engaged in bona fide research purpose, with the permission of the director; provided, however, that no information identifying the subjects of the reports or the reporters shall be made available to the researcher, unless the identifying information is essential to the research or evaluation and the subject, or if a child, through the child s parent or guardian, provides written permission.

     4. After a period of not less than [one year] sixty days following the notification of a finding by the division, any person who is the subject of a report where there is insufficient evidence of abuse or neglect may file a written appeal with the director of the division of family services to order the records removed from the division and destroyed. If the person who is a subject of a report where there is insufficient evidence of abuse or neglect, is aggrieved by the decision of the director of the division of family services not to remove and destroy the records, such person may petition the circuit court to order the records removed from the division and destroyed. The division shall be named as respondent. Venue shall be in the county where the person resides, or in circuits with split venue in the venue in which the alleged perpetrator resides. If the alleged perpetrator is not a resident of the state, proper venue shall be in Cole County, naming the division of family services as respondent.

     5. No person with access to records maintained pursuant to subsection 3 of this section shall use such records in any child custody or visitation proceeding.

     6. Except as provided in subdivision (8) of subsection 2 of this section, no employer shall have access to or use any employee's records, contained in the central registry or maintained by the division pursuant to subsection 3 of this section, for the purpose of hiring, promoting, firing, reassigning, demoting or making any other personnel decisions regarding such employee.

     7. Any person who knowingly violates the provisions of this section, or who permits or encourages the unauthorized dissemination of information contained in the information system or the central registry and in reports and records made pursuant to sections 210.109 to 210.183, shall be guilty of a class A misdemeanor.

     210.152. 1. All identifying information, including telephone reports reported pursuant to section 210.145, relating to reports of abuse or neglect received by the division shall be retained by the division and removed from the records of the division as follows:

     (1) For investigation reports contained in the central registry, identifying information shall be retained by the division;

     (2) For investigation reports where insufficient evidence of abuse or neglect is found by the division, identifying information shall be retained for [five] three years from the date of the report or from the date of the closing of a case opened by the division in response to the report or from the date of the last report if there were subsequent reports, whichever is later. Such report shall include any exculpatory evidence known by the division, including exculpatory evidence obtained after the closing of the case. At the end of such [five-year] three-year period, the identifying information shall be removed from the records of the division and destroyed;

     (3) Any person, official or institution intentionally filing a false report shall be subject to the penalty provisions as provided by section 210.165. In addition, in the case of court adjudication as provided by section 210.165, any person or official employed by the division intentionally filing a false report of child abuse or neglect shall be subject to the following:

     (a) Suspension of employment not to exceed three months for a first offense;

     (b) Termination of employment for a second offense.

     (4) For reports where the division uses the family assessment and services approach, identifying information shall be retained by the division;

     [(4)] (5) For reports in which the division is unable to locate the child alleged to have been abused or neglected, identifying information shall be retained for ten years from the date of the report and then shall be removed from the records of the division.

     2. Within ninety days after receipt of a report of abuse or neglect that is investigated, the alleged perpetrator named in the report and the parents of the child named in the report, if the alleged perpetrator is not a parent, shall be notified in writing of any determination made by the division based on the investigation. The notice shall advise either:

     (1) That the division has determined that there is probable cause to suspect abuse or neglect exists and that the division shall retain all identifying information regarding the abuse or neglect; that such information shall remain confidential and will not be released except to law enforcement agencies, prosecuting or circuit attorneys, or as provided in section 210.150; that the alleged perpetrator has sixty days from the date of receipt of the notice to seek reversal of the division s determination through a review by the child abuse and neglect review board as provided in subsection 3 of this section;

     (2) There is insufficient probable cause of abuse or neglect. The notice will also inform the person who is the subject of a report where there is insufficient evidence of abuse or neglect, of the right to file a written appeal with the director of the division of family services to order the records be removed from the division and destroyed. The notification must continue and state that if the person who is the subject of a report where there is insufficient evidence of abuse or neglect, is aggrieved by the decision of the director of the division of family services not to remove and destroy the records, such person may petition the circuit court to order the records removed from the division and destroyed.

     3. Any person named in an investigation as a perpetrator who is aggrieved by a determination of abuse or neglect by the division as provided in this section may seek an administrative review by the child abuse and neglect review board pursuant to the provisions of section 210.153. Such request for review shall be made within sixty days of notification of the division s decision under this section. In those cases where criminal charges arising out of facts of the investigation are pending, the request review shall be made within sixty days from the court s final disposition or dismissal of the charges.

     4. In any such action for administrative review, the child abuse and neglect review board shall sustain the division s determination if such determination is supported by evidence of probable cause and is not against the weight of such evidence. The child abuse and neglect review board hearing shall be closed to all persons except the parties, their attorneys and those persons providing testimony on behalf of the parties.

     5. If the alleged perpetrator is aggrieved by the decision of the child abuse and neglect review board, the alleged perpetrator may seek de novo judicial review in the circuit court in the county in which the alleged perpetrator resides and in circuits with split venue, in the venue in which the alleged perpetrator resides, or in Cole County. If the alleged perpetrator is not a resident of the state, proper venue shall be in Cole County. The case may be assigned to the family court division where such a division has been established. The request for a judicial review shall be made within sixty days of the notification of the decision of the child abuse and neglect review board decision. In reviewing such decisions, the circuit court shall provide the alleged perpetrator the opportunity to appear and present testimony. The alleged perpetrator may subpoena any witnesses except the alleged victim or the reporter. However, the circuit court shall have the discretion to allow the parties to submit the case upon a stipulated record.

     6. In any such action for administrative review the child abuse and neglect review board shall notify the child or the parent, guardian or legal representative of the child that a review has been requested.

     210.183. 1. At the time of the initial investigation of a report of child abuse or neglect, the division employee conducting the investigation shall provide the alleged perpetrator with a written description of the investigation process. Such written notice shall be given substantially in the following form:

      The investigation is being undertaken by the Division of Family Services pursuant to the requirements of chapter 210 of the Revised Missouri Statutes in response to a report of child abuse or neglect.

      The identity of the person who reported the incident of abuse or neglect is confidential and may not even be known to the Division since the report could have been made anonymously.

      This investigation is required by law to be conducted in order to enable the Division of Family Services to identify incidents of abuse or neglect in order to provide protective or preventive social services to families who are in need of such services.

      The division shall make every reasonable attempt to complete the investigation within thirty days. Within ninety days you will receive a letter from the Division which will inform you of one of the following:

      (1) That the Division has found insufficient evidence of abuse or neglect; that the subject of a report where there is insufficient evidence of abuse or neglect has the right to file a written appeal with the director of the division of family services to order the records be removed from the division and destroyed. The notification must continue and state that if the person who is the subject of a report where there is insufficient evidence of abuse or neglect, is aggrieved by the decision of the director of the division of family services not to remove and destroy the records, such person may petition the circuit court to order the records removed from the division and destroyed; or

      (2) That there appears to be probable cause to suspect the existence of child abuse or neglect in the judgment of the Division and that the Division will contact the family to offer social services.

      If the Division finds there is probable cause to believe child abuse or neglect has occurred or the case is substantiated by court adjudication, a record of the report and information gathered during the investigation will remain on file with the Division.

      If you disagree with the determination of the Division and feel that there is insufficient probable cause to believe abuse or neglect has occurred, you have a right to request an administrative review at which time you may hire an attorney to represent you. If you request an administrative review on the issue, you will be notified of the date and time of your administrative review hearing by the child abuse and neglect review board. If the division s decision is reversed by the child abuse and neglect review board, the Division records concerning the report and investigation will be updated to reflect such finding. If the child abuse and neglect review board upholds the division s decision, an appeal may be filed in circuit court within sixty days of the child abuse and neglect review board s decision.

     2. If the division uses the family assessment approach, the division shall at the time of the initial contact provide the parent of the child with the following information:

     (1) The purpose of the contact with the family;

     (2) The name of the person responding and his office telephone number;

     (3) The assessment process to be followed during the division s intervention with the family including the possible services available and expectations of the family.".

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

     On motion of Senator Wiggins, HB 992, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Caskey	Clay	Curls
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Kenney
Klarich	Mathewson	Maxwell	McKenna
Melton	Moseley	Mueller	Quick
Rohrbach	Russell	Schneider	Sims
Singleton	Staples	Treppler	Westfall
Wiggins--29
	Nays--Senators
Johnson	Kinder--2
	Absent--Senators
Bentley	Lybyer--2
	Absent with leave--Senator Scott--1

     The President declared the bill passed.

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

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

     Senator 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 Speaker has appointed the following conferees to act with a like committee from the Senate on SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended: Representatives: Hosmer, Schilling, Smith, Murray (135), Wooten.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report No. 2 on SCS for HCS for HBs 1557 and 1489, as amended, and has taken up and passed CCS No. 2 for SCS for HCS for HBs 1557 and 1489.

     Emergency clause adopted.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SB 836 and grants the Senate a conference thereon and the conferees be allowed to exceed the differences.

     Senator McKenna, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HBs 1557 and 1489, as amended, submitted the following conference committee report no. 2:

     Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489, as amended, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Committee Substitute for House Bills Nos. 1557 and 1489;

     2. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489, with Senate Amendment No. 1, Senate Amendment No. 2, Senate Amendment No. 3, Senate Amendment No. 4, Senate Amendment No. 5, Senate Amendment No. 6, Senate Amendment No. 8, Senate Amendment No. 9, Senate Amendment No. 11 and Senate Amendment No. 12;

     3. That the attached Conference Committee Substitute No. 2 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Bill McKenna       /s/ Rita D. Days

/s/ Ed Quick      /s/ May Scheve

/s/ Ronnie DePasco      /s/ Paula J. Carter

/s/ Irene Treppler      /s/ Beth Long

/s/ Franc Flotron      /s/ David L. Levin

     Senator McKenna moved that the above conference committee report no. 2 be adopted, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Curls
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Sims	Singleton	Staples
Treppler	Westfall	Wiggins--31
	Nays--Senator Kinder--1
	Absent--Senator Clay--1
	Absent with leave--Senator Scott--1

     On motion of Senator McKenna, CCS No. 2 for SCS for HCS for HBs 1557 and 1489, entitled:

FOR SENATE COMMITTEE SUBSTITUTE FOR

     An Act to repeal sections 57.080, 88.251, 105.965, 115.123, 115.127, 115.157, 115.158, 115.283, 115.290, 115.291, 115.300, 115.329, 115.333, 115.373, 115.385, 115.399, 115.401, 115.409, 115.535, 115.611, 115.613, and 130.057, RSMo 1994, and sections 72.400, 72.401, 115.125, 115.279, 115.359, and 130.037, RSMo Supp. 1995, and section 1 as enacted by the second regular session of the eighty-eighth general assembly in house bill no. 956 on April 25, 1996, relating to elections, and to enact in lieu thereof thirty new sections relating to the same subject, with penalty provisions and an emergency clause.

     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	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Mueller	Quick	Rohrbach	Russell
Schneider	Sims	Singleton	Staples
Treppler	Westfall	Wiggins--31
	Nays--Senator Kinder--1
	Absent--Senator Clay--1
	Absent with leave--Senator Scott--1

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Curls
DePasco	Ehlmann	Flotron	Goode
House	Howard	Johnson	Kenney
Klarich	Lybyer	Mathewson	Maxwell
McKenna	Melton	Moseley	Mueller
Quick	Rohrbach	Russell	Schneider
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--30
	Nays--Senators
Graves	Kinder--2
	Absent--Senator Clay--1
	Absent with leave--Senator Scott--1

     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.

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HCS for SB 836: Senators Quick, McKenna, Johnson, Treppler and Klarich.

     President Wilson resumed the Chair.

     Senator Goode, on behalf of the conference committee appointed to act with a like committee from the House on HS for HCS for SB 888, 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 Committee Substitute for Senate Bill No. 888, as amended; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     1. That the House recede from its position on House Substitute for House Committee Substitute for Senate Bill No. 888, as amended;

     2. That the Senate recede from its position on SB 888;

     3. That the attached Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Bill No. 888 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Wayne Goode       /s/ Ken Jacob

/s/ Mike Lybyer      /s/ Dana L. Murray

/s/ J. L. Mathewson      /s/ Jason Klumb

John T. Russell      Rich Chrismer

Walt Mueller      /s/ Delbert Scott

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

     Senator Melton raised the point of order that the conference committee report is out of order in that the subject matter 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 provisions as set forth in Rules 54 and 57.

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

     Senator Kenney raised a further point of order that the conference committee report exceeds the differences between the House and the Senate.

     The point of order was referred to the President Pro Tem, who ruled it well taken, rendering the point of order raised by Senator Melton moot.

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SA 1 to HB 992 and request the Senate to recede from its position or, failing to do so, grant the House a conference.

     Senator Wiggins requested unanimous consent of the Senate to recede from its position on SA 1 and 3rd read and finally pass HB 992 in one motion, which request was granted.

     On motion of Senator Wiggins, the Senate receded from its position on SA 1 and 3rd read and passed HB 992 by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	Graves	House	Howard
Johnson	Kenney	Lybyer	Mathewson
Maxwell	McKenna	Moseley	Mueller
Quick	Rohrbach	Russell	Schneider
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--30
	Nays--Senators
Kinder	Klarich--2
	Absent--Senator Melton--1
	Absent with leave--Senator Scott--1

     The President declared the bill passed.

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

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

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

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SS for SCS for HB 1362 and has taken up and passed CCS for SS for SCS for HB 1362.

     Emergency clause adopted.

     Senator Flotron, on behalf of the conference committee appointed to act with a like committee from the House on SS for SCS for HB 1362, as amended, 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. 1362; 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 Bill No. 1362;

     2. That the Senate recede from its position on Senate Substitute for Senate Committee Substitute for House Bill No. 1362, as amended;

     3. That the attached Conference Committee Substitute for Senate Substitute for Senate Committee Substitute for House Bill No. 1362 be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Jim Mathewson       /s/ Brent Evans

/s/ Bill Kenney      /s/ Gene Copeland

/s/ Bill McKenna      /s/ Ed Hartzler

/s/ Sidney Johnson      Phil Smith

/s/ Franc Flotron      Scott Lakin

     Senator Flotron requested unanimous consent of the Senate to adopt the conference committee report, 3rd read and finally pass the bill and adopt the emergency clause in one motion, which request was granted.

     On motion of Senator Flotron, the conference committee report on SS for SCS for HB 1362 was adopted, CCS for SS for SCS for HB 1362, entitled:

     An Act to repeal sections 43.540, 197.300, 197.305, 197.317, 344.030 and 660.317, RSMo 1994, section 197.312, RSMo Supp. 1995, and section 197.318, as truly agreed to and finally passed in house committee substitute for senate bill no. 575, second regular session of the 88th general assembly and signed by the governor on February 20, 1996, relating to the Missouri health certificate of need law, and to enact ten new sections relating to the same subject, with penalty provisions and an emergency clause.

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

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	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--Senator DePasco--1
	Absent--Senators--None
	Absent with leave--Senator Scott--1

     The President declared the bill passed.

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

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

     Senator 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 489.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SS, as amended, to HB 1081 and has again taken up and passed SS for SCS for HB 1081, as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 842.

     With House Committee Amendment No. 1.

     Amend Senate Bill 842, Page 1, Section 544.159, Line 9, by deleting the words "making an arrest or"

     Further amend said bill by deleting all of lines 11 thru 14.

     Further amend said bill by renumbering the remaining subsections. Line 15 becomes subsection (1), and line 19 becomes subsection (2).

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HCS for SB 836, as amended: Representatives: Leake, Copeland, Liese, Wannemacher, Elliott.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS for SCS for HB 1113, as amended, and has again taken up and passed SS for SCS for HB 1113, as amended.

     Senator Rohrbach offered Senate Resolution No. 1458, regarding Jerry O. "Sebo" Siebeneck, Taos, which was adopted.

     Senator Mathewson offered Senate Resolution No. 1459, regarding the death of Jarold W. Heard, Jefferson City, which was adopted.

     Senator Lybyer offered Senate Resolution No. 1460, regarding Jean Evelyn Millman, Houston, which was adopted.

     Senator House offered Senate Resolution No. 1461, regarding the One Hundredth Birthday of Benton Elementary School, St. Charles, which was adopted.

     Senator Flotron offered Senate Resolution No. 1462, regarding the Missouri Baptist Children's Home, which was adopted.

     Senator Flotron offered Senate Resolution No. 1463, regarding Dr. Kenneth Russell, which was adopted.

     Senator Rohrbach offered Senate Resolution No. 1464, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Lawrence Barry, California, which was adopted.

     Senator DePasco offered Senate Resolution No. 1465, regarding the Metropolitan Community Colleges of Kansas City, Missouri, which was adopted.

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

TO THE SECRETARY OF THE SENATE

88th GENERAL ASSEMBLY

SECOND REGULAR SESSION

STATE OF MISSOURI:

Herewith I return to you Senate Substitute for Senate Committee Substitute for Senate Bill No. 507 entitled:

To repeal sections 170.250, 386.020, 392.180, 392.200, 392.220, 392.410, 392.450, and 392.530, RSMo 1994, relating to the regulation of telecommunications companies, and to enact in lieu thereof seventeen new sections, relating to the same subject, with an emergency clause.

On May 17, 1996, I approved said Senate Substitute for Senate Committee Substitute for Senate Bill No. 507.

     Senator Klarich introduced to the Senate, the Physician of the Day, Dr. Craig Holzem, M.D., Washington.

     Senator Treppler introduced to the Senate, her family, Walter, John, Jane, Christopher, Stephanie and Wally Treppler, and John, Diane, David and James Anderson; and David, James, Christopher and Stephanie were made honorary pages.

     On motion of Senator Banks, the Senate adjourned until 12:00 p.m., Thursday, May 23, 1996.