Journal of the House

Second Regular Session, 91st General Assembly

FIFTY-EIGHTH DAY, Wednesday, April 24, 2002

Speaker Kreider in the Chair.

Prayer by Marilyn Seaton.

Almighty God, creator of all things good, You are the author of our liberty, and by Your hand we are given every gift necessary for our lives. Keep us mindful of the price that has been paid for our freedom and the cost to maintain freedom.

Grant Your grace to the Speaker and all the men and women of the House, as they seek to serve the people of Missouri. Illuminate minds, touch hearts, that the actions of this day may reflect Your Holy truth. To You be glory and honor. Amen.

The Pledge of Allegiance to the flag was recited.

The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Lucy Hanaway, Tyler Conner, Kevin Casey, Garth Sherman, Kevin Coyne, Colin Rohde, Andrew Connor, Regan Post, Daniel Hampel, John Merlo, Tatiana (Tanya) Kuzmina, Alexis Snowgen, Julia Scales, Drew Thome and Andrew Truetzel.

The Journal of the fifty-seventh day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1496

and

House Resolution No. 1497 - Representatives Lograsso and Ross

House Resolution No. 1498

and

House Resolution No. 1499 - Representatives Rector and Cooper

House Resolution No. 1500 - Representative Rector

House Resolution No. 1501 - Representative Copenhaver

House Resolution No. 1502 - Representatives Scott and Moore

SECOND READING OF SENATE BILLS

SCS SBs 662 & 704, SS#2 SCS SBs 688, 663, 691, 716, 759, 824 & 955, SCS SB 739, SS#2 SCS SBs 984 & 985, SB 1014, SCS SB 1026, SCS SB 1060, SS SCS SB 1107 and SB 1236 were read the second time.

COMMITTEE REPORTS

Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman Crump reporting:

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HB 1508 and HS HCS HBs 1577, 1760, 1433, 1430, 1029 & 1700, begs leave to report it has examined the same and finds them to be truly perfected and that the printed copies thereof furnished the members are correct.

Committee on Fiscal Review and Government Reform, Chairman Hollingsworth reporting:

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS HB 1717 (Fiscal Note), begs leave to report it has been furnished an updated fiscal note and does not require fiscal review.

PERFECTION OF HOUSE BILL - INFORMAL

HB 1594, as amended, relating to pay raises for correctional officers, was taken up by Representative Gratz.

Representative Gratz offered HS HB 1594.

Representative Seigfreid offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Bill No. 1594, Page 1, Section 105.935, Lines 14 through 20, by striking all of said lines and inserting in lieu thereof the following:

"2. A state employee shall be paid at a rate of one and one half time the employee's straight time hourly rate for all time worked in excess of forty hours a week. Any state employee who works on a designated state holiday shall be granted equal compensatory time off duty or shall receive, at his or her choice, the employee's straight time hourly rate in cash payment. A state employee shall be paid in cash for overtime unless the employee requests compensatory time off at the applicable overtime rate. As used in this section, the term "state employee" means any person who is employed by the state and earns a salary or wage in a position normally requiring the actual performance by him or her of duties on behalf of the state."; and

Further amend said section, Line 22, by inserting immediately after the word "employees" the following:

"paid by an hourly rate"; and

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

"All state employees paid by an hourly rate shall have the option of retaining at least eighty compensatory time hours at the end of each calendar year.".

Speaker Pro Tem Abel assumed the Chair.

Representative Bearden offered House Substitute Amendment No. 1 for House Amendment No. 1.

House Substitute Amendment No. 1

for

House Amendment No. 1

AMEND House Substitute for House Bill No. 1594, Page 1, Section 105.935, Lines 14 through 20, by striking all of said lines and inserting in lieu thereof the following:

"2. A state employee shall be paid at a rate of one and one half time the employee's straight time hourly rate for all time worked in excess of forty hours a week. Any state employee who works on a designated state holiday shall be granted equal compensatory time off duty or shall receive, at his or her choice, the employee's straight time hourly rate in cash payment. A state employee shall be paid in cash for overtime unless the employee requests compensatory time off at the applicable overtime rate. As used in this section, the term "state employee" means any person who is employed by the state and earns a salary or wage in a position normally requiring the actual performance by him or her of duties on behalf of the state."; and

Further amend said section, Line 22, by inserting immediately after the word "employees" the following:

"paid by an hourly rate"; and

Further amend said section, Page 2, Line 3, by inserting immediately at the end of said line the following;

"All state employees paid by an hourly rate shall have the option of retaining up to a total of eighty compensatory time hours.".

On motion of Representative Bearden, House Substitute Amendment No. 1 for House Amendment No. 1 was adopted.

Representative Byrd offered House Amendment No. 2.

Representative Foley raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Byrd appealed the ruling of the Chair.

The ruling of the Chair was sustained by the following vote:

Representative Crowell requested a verification of the roll call on the motion to appeal the ruling of the Chair.

Representative Merideth offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Bill No. 1594, Page 1, Section 105.935, Line 10, by inserting immediately before said line the following:

"105.270. 1. All officers and employees of this state, or of any department or agency thereof, or of any county, municipality, school district, or other political subdivision, and all other public employees of this state who are or may become members of the national guard or of any reserve component of the armed forces of the United States, shall be entitled to leave of absence from their respective duties, without loss of time, pay, regular leave, impairment of efficiency rating, or of any other rights or benefits, to which otherwise entitled, for all periods of military services during which they are engaged in the performance of duty or training in the service of this state at the call of the governor and as ordered by the adjutant general without regard to length of time, and for all periods of military services during which they are engaged in the performance of duty in the service of the United States under competent orders for a period not to exceed a total of fifteen calendar days in any federal fiscal year.

2. Before any payment of salary is made covering the period of the leave the officer or the employee shall file with the appointing authority or supervising agency an official order from the appropriate military authority as evidence of such duty for which military leave pay is granted which order shall contain the certification of the officer or employee's commanding officer of performance of duty in accordance with the terms of such order.

3. No member of the organized militia shall be discharged from employment by any of the aforementioned agencies because of being a member of the organized militia, nor shall [he] such member be hindered or prevented from performing any militia service [he] the member may be called upon to perform by proper authority nor otherwise be discriminated against or dissuaded from enlisting or continuing [his service] to serve in the militia by threat or injury [to him] in respect to [his] the member's employment. Any officer or agent of the aforementioned agencies violating any of the provisions of this section is guilty of a misdemeanor.

4. Notwithstanding any collective bargaining agreement or other agreement or law to the contrary, the state, or any department, agency, or political subdivision thereof, at the request of any employee who is employed by the state or any department, agency, or political subdivision thereof and who is called to active duty for more than fifteen calendar days as described in subsection 1 of this section, or at the request of such employee's spouse or dependent, shall continue or reactivate the health, medical, hospital, dental, vision, and surgical benefits coverage, whether provided by an insurance company, health insuring corporation, or other health benefit plan or entity, of the person for the duration of the time the employee is engaged in active duty as described in subsection 1 of this section. The employee, or the employee's spouse or dependent, who requests the continuation or reactivation of the coverage and the employing state or state entity are each liable for payment of the same costs for the coverage as if the employee were not on a leave of absence.".

On motion of Representative Merideth, House Amendment No. 2 was adopted.

Representative Seigfreid offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Bill No. 1594, Page 2, Section 105.935, Line 3, by inserting immediately after all of said line the following:

"4. The provisions of subsection 2 of this section shall only apply to state employees who are otherwise eligible for compensatory time. Nothing in this section shall be construed as creating a new compensatory benefit for state employees.".

On motion of Representative Seigfreid, House Amendment No. 3 was adopted.

On motion of Representative Gratz, HS HB 1594, as amended, was adopted.

On motion of Representative Gratz, HS HB 1594, as amended, was ordered perfected and printed.

Speaker Kreider resumed the Chair.

PERFECTION OF HOUSE BILL

HCS HB 1216, relating to suicide prevention, was taken up by Representative Johnson (61).

Representative Johnson (61) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1216, Page 2, Section 630.900, Line 18, by deleting "July 1, 2003," and inserting in lieu thereof "July, 1, 2004,"; and

Further amend said bill, said page, said section, said line, by deleting the word "odd" and inserting in lieu thereof the word "even"; and

Further amend said title, enacting clause and intersectional references accordingly.

On motion of Representative Johnson (61), House Amendment No. 1 was adopted.

Representative Froelker offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1216, Page 1, In the Title, Lines 2 and 3, by deleting all of said lines and inserting in lieu thereof the following:

"To amend chapters 21 and 630, RSMo, by adding thereto two new sections relating to suicide."; and

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

"Section A. Chapters 21 and 630, RSMo, are amended by adding thereto two new sections, to be known as sections 21.755 and 630.900, to read as follows:

"21.755. 1. This section shall be known and may be cited as the "Assisted Suicide Funding Restriction Act".

2. Notwithstanding any provision of law to the contrary, no funds appropriated by the general assembly shall be used to procure, furnish, fund, or support, or compel any individual, institution, or government entity to provide, procure, furnish, fund, or support any item, good, benefit, program, or service to cause or assist in causing the suicide, euthanasia, or mercy killing of any individual.

3. Nothing in this section shall be construed to create any limitation relating to:

(1) The withholding or withdrawing of medical treatment or care;

(2) The withholding or withdrawing of nutrition or hydration;

(3) Abortion; or

(4) The use of any item, good, benefit, or service furnished to alleviate pain or discomfort, even if such use may increase the risk of death, so long as such item, good, benefit, or service is not also furnished to cause or assist in causing death for any reason."; and

Further amend said title, enacting clause and intersectional references accordingly.

On motion of Representative Froelker, House Amendment No. 2 was adopted by the following vote:

Representative Portwood offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1216, Page 1, Section 630.900, Line 2, by inserting after the words "and senior services" the following: "elementary and secondary education, higher education"; and

Further amend said section, Line 9, by inserting the following:

"(3) Promote the use of student assistance and educational programs to support students with depression and other psychiatric illnesses and substance abuse disorders. In promoting such programs, the director shall collaborate with educators, administrators, students and parents with emphasis on identification of the risk factors associated with suicide".

Representative Johnson (90) raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

The Chair ruled the point of order not well taken.

On motion of Representative Portwood, House Amendment No. 3 was adopted.

On motion of Representative Johnson (61), HCS HB 1216, as amended, was adopted.

On motion of Representative Johnson (61), HCS HB 1216, as amended, was ordered perfected and printed.

PERFECTION OF HOUSE JOINT RESOLUTION

HCS HJR 47, relating to the Joint Municipal Utility Commission, was taken up by Representative Willoughby.

Representative Willoughby offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Joint Resolution No. 47, Page 2, Section A, Line 25, by inserting immediately before the word "faith" the following: "full".

On motion of Representative Willoughby, House Amendment No. 1 was adopted.

On motion of Representative Willoughby, HCS HJR 47, as amended, was adopted.

On motion of Representative Willoughby, HCS HJR 47, as amended, was ordered perfected and printed.

On motion of Representative Foley, the House recessed until 2:00 p.m.

AFTERNOON SESSION

The hour of recess having expired, the House was called to order by Representative Britt.

The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Daniel Stark and Mackenzie Patterson.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1503 - Representative Schwab

House Resolution No. 1504 - Representative Naeger

House Resolution No. 1505

through

House Resolution No. 1511 - Representative Campbell

House Resolution No. 1512 - Representative Bartelsmeyer

House Resolution No. 1513 - Representative Fares

House Resolution No. 1514 - Representative Wilson (42)

House Resolution No. 1515 - Representatives Villa and Gambaro

House Resolution No. 1516 - Representative St. Onge

House Resolution No. 1517 - Representative Harlan

House Resolution No. 1518 - Representative Hilgemann

House Resolution No. 1519 - Representative Willoughby

House Resolution No. 1520 - Representative Berkstresser

House Resolution No. 1521 - Representative Skaggs

House Resolution No. 1522 - Representative Farnen

House Resolution No. 1523

through

House Resolution No. 1536 - Representative Cierpiot

House Resolution No. 1537

through

House Resolution No. 1554 - Representative Champion

Speaker Pro Tem Abel resumed the Chair.

ADOPTION AND THIRD READING OF HOUSE CONCURRENT RESOLUTIONS

HCR 4, relating to the Armenian Genocide, was taken up by Representative Boucher.

On motion of Representative Boucher, HCR 4 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCR 25, relating to Delta Regional Authority, was taken up by Representative Merideth.

Representative Merideth offered House Amendment No. 1.

House Amendment No. 1

AMEND House Concurrent Resolution No. 25, Page 2, Lines 11 and 12, by striking said lines and inserting in lieu thereof the following:

"(1) Five regional planning commission members or executive directors, one from each of the regional planning commissions serving the area, appointed by the governor;".

On motion of Representative Merideth, House Amendment No. 1 was adopted.

On motion of Representative Merideth, HCR 25, as amended, was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HOUSE RESOLUTIONS

HR 341, relating to use of chamber, was taken up by Representative Ladd Baker.

On motion of Representative Ladd Baker, HR 341 was adopted.

HR 281, relating to agriculture industries, was taken up by Representative Hampton.

On motion of Representative Hampton, HR 281 was adopted.

PERFECTION OF HOUSE BILLS

HB 1350, relating to community improvement districts, was taken up by Representative Liese.

Representative Hollingsworth offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 1350, Page 3, Section 67.1451, Line 71, by inserting after all of said line the following:

"67.1461. 1. Each district shall have all the powers, except to the extent any such power has been limited by the petition approved by the governing body of the municipality to establish the district, necessary to carry out and effectuate the purposes and provisions of sections 67.1401 to 67.1571 including, but not limited to, the following:

(1) To adopt, amend, and repeal bylaws, not inconsistent with sections 67.1401 to 67.1571, necessary or convenient to carry out the provisions of sections 67.1401 to 67.1571;

(2) To sue and be sued;

(3) To make and enter into contracts and other instruments, with public and private entities, necessary or convenient to exercise its powers and carry out its duties pursuant to sections 67.1401 to 67.1571;

(4) To accept grants, guarantees and donations of property, labor, services, or other things of value from any public or private source;

(5) To employ or contract for such managerial, engineering, legal, technical, clerical, accounting, or other assistance as it deems advisable;

(6) To acquire by purchase, lease, gift, grant, bequest, devise, or otherwise, any real property within its boundaries, personal property, or any interest in such property;

(7) To sell, lease, exchange, transfer, assign, mortgage, pledge, hypothecate, or otherwise encumber or dispose of any real or personal property or any interest in such property;

(8) To levy and collect special assessments and taxes as provided in sections 67.1401 to 67.1571. However, no such assessments or taxes shall be levied on any property exempt from taxation pursuant to subdivision (5) of section 137.100, RSMo. Those exempt pursuant to subdivision (5) of section 137.100, RSMo, may voluntarily participate in the provisions of sections 67.1401 to 67.1571;

(9) If the district is a political subdivision, to levy real property taxes and business license taxes in the county seat of a county of the first classification without a charter form of government containing a population of at least two hundred thousand, as provided in sections 67.1401 to 67.1571. However, no such assessments or taxes shall be levied on any property exempt from taxation pursuant to subdivisions (2) and (5) of section 137.100, RSMo. Those exempt pursuant to subdivisions (2) and (5) of section 137.100, RSMo, may voluntarily participate in the provisions of sections 67.1401 to 67.1571;

(10) If the district is a political subdivision in a city with a population of at least four hundred thousand located in more than one county, to levy sales taxes pursuant to sections 67.1401 to 67.1571;

(11) To fix, charge, and collect fees, rents, and other charges for use of any of the following:

(a) The district's real property, except for public rights-of-way for utilities;

(b) The district's personal property, except in a city not within a county; or

(c) Any of the district's interests in such real or personal property, except for public rights-of-way for utilities;

(12) To borrow money from any public or private source and issue obligations and provide security for the repayment of the same as provided in sections 67.1401 to 67.1571;

(13) To loan money as provided in sections 67.1401 to 67.1571;

(14) To make expenditures, create reserve funds, and use its revenues as necessary to carry out its powers or duties and the provisions and purposes of sections 67.1401 to 67.1571;

(15) To enter into one or more agreements with the municipality for the purpose of abating any public nuisance within the boundaries of the district including, but not limited to, the stabilization, repair or maintenance or demolition and removal of buildings or structures, provided that the municipality has declared the existence of a public nuisance;

(16) Within its boundaries, to provide assistance to or to construct, reconstruct, install, repair, maintain, and equip any of the following public improvements:

(a) Pedestrian or shopping malls and plazas;

(b) Parks, lawns, trees, and any other landscape;

(c) Convention centers, arenas, aquariums, aviaries, and meeting facilities;

(d) Sidewalks, streets, alleys, bridges, ramps, tunnels, overpasses and underpasses, traffic signs and signals, utilities, drainage, water, storm and sewer systems, and other site improvements;

(e) Parking lots, garages, or other facilities;

(f) Lakes, dams, and waterways;

(g) Streetscape, lighting, benches or other seating furniture, trash receptacles, marquees, awnings, canopies, walls, and barriers;

(h) Telephone and information booths, bus stop and other shelters, rest rooms, and kiosks;

(i) Paintings, murals, display cases, sculptures, and fountains;

(j) Music, news, and child-care facilities; and

(k) Any other useful, necessary, or desired improvement;

(17) To dedicate to the municipality, with the municipality's consent, streets, sidewalks, parks, and other real property and improvements located within its boundaries for public use;

(18) Within its boundaries and with the municipality's consent, to prohibit or restrict vehicular and pedestrian traffic and vendors on streets, alleys, malls, bridges, ramps, sidewalks, and tunnels and to provide the means for access by emergency vehicles to or in such areas;

(19) Within its boundaries, to operate or to contract for the provision of music, news, child-care, or parking facilities, and buses, minibuses, or other modes of transportation;

(20) Within its boundaries, to lease space for sidewalk café tables and chairs;

(21) Within its boundaries, to provide or contract for the provision of security personnel, equipment, or facilities for the protection of property and persons;

(22) Within its boundaries, to provide or contract for cleaning, maintenance, and other services to public and private property;

(23) To produce and promote any tourism, recreational or cultural activity or special event in the district by, but not limited to, advertising, decoration of any public place in the district, promotion of such activity and special events, and furnishing music in any public place;

(24) To support business activity and economic development in the district including, but not limited to, the promotion of business activity, development and retention, and the recruitment of developers and businesses;

(25) To provide or support training programs for employees of businesses within the district;

(26) To provide refuse collection and disposal services within the district;

(27) To contract for or conduct economic, planning, marketing or other studies; [and]

(28) To repair, restore, or maintain any abandoned cemetery on public or private land within the district; and

(29) To carry out any other powers set forth in sections 67.1401 to 67.1571.

2. Each district which is located in a blighted area or which includes a blighted area shall have the following additional powers:

(1) Within its blighted area, to contract with any private property owner to demolish and remove, renovate, reconstruct, or rehabilitate any building or structure owned by such private property owner; and

(2) To expend its revenues or loan its revenues pursuant to a contract entered into pursuant to this subsection, provided that the governing body of the municipality has determined that the action to be taken pursuant to such contract is reasonably anticipated to remediate the blighting conditions and will serve a public purpose.

3. Each district shall annually reimburse the municipality for the reasonable and actual expenses incurred by the municipality to establish such district and review annual budgets and reports of such district required to be submitted to the municipality; provided that, such annual reimbursement shall not exceed one and one-half percent of the revenues collected by the district in such year.

4. Nothing in sections 67.1401 to 67.1571 shall be construed to delegate to any district any sovereign right of municipalities to promote order, safety, health, morals, and general welfare of the public, except those such police powers, if any, expressly delegated pursuant to sections 67.1401 to 67.1571.

5. The governing body of the municipality establishing the district shall not decrease the level of publicly funded services in the district existing prior to the creation of the district or transfer the financial burden of providing the services to the district unless the services at the same time are decreased throughout the municipality, nor shall the governing body discriminate in the provision of the publicly funded services between areas included in such district and areas not so included."; and

Further amend said title, enacting clause and intersectional references accordingly.

On motion of Representative Hollingsworth, House Amendment No. 1 was adopted.

Representative Cunningham offered House Amendment No. 2.

House Amendment No. 2

AMEND House Bill No. 1350, Page 3, Section B, Line 6, by inserting after all of said line the following:

"67.2115. Sections 67.2115 to 67.2124 shall be known as the "Missouri Equalization of Local Governmental Services for Homeowners Act".

67.2118. For the purposes of sections 67.2115 to 67.2124, the following terms shall mean:

(1) "Common-interest community", real property which a person, by virtue of such person's ownership of a unit, is obligated to pay for real property taxes, insurance premiums, maintenance, or improvement of other real property described in a declaration;

(2) "Condominium", any real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interest in the common elements are vested in the unit owners;

(3) "Cooperative", a common-interest community in which the real property is owned by an association, each of whose members are entitled by virtue of such member's ownership interest in the association to exclusive possession of a unit;

(4) "Planned community", a common-interest community that is not a condominium or a cooperative;

(5) "Qualified common-interest community", a residential common-interest community, the residents of which do not receive any tax abatement or tax exemption related to its construction, comprised of a condominium association, cooperative corporation, or homeowners association of a planned community, in which the cost of providing essential services is paid for by a nonprofit organization consisting exclusively of lot owners or unit owners within the community, regardless of whether the developer has transferred control of such organization to the owners. No apartment building owned by an individual or entity that receives rental payments from tenants who occupy the premises, nor any campground facility, nor any common-interest community in which fifty percent or more of the lots or units are held for lease, shall be considered a qualified common-interest community.

67.2121. 1. Except as otherwise provided in subsection 2 of this section, the governing body of every political subdivision shall reimburse a qualified common-interest community for the cost of collection of trash, garbage, leaves, and recyclable materials or provide the service of collecting trash, garbage, leaves, and recyclable materials within a qualified common-interest community to the same extent as the political subdivision provides these services to other owners of individual residential properties within such political subdivisions.

2. In the event the governing body of a political subdivision elects to reimburse the qualified common-interest community for any services set forth in subsection 1 of this section, such reimbursement shall be made at the end of the calendar year and shall be limited to the annual expenditures for the preceding calendar year actually incurred by the qualified common-interest community. Reimbursement shall be made on the basis of the following budget years of the political subdivision, beginning January 1, 2003:

(1) In the first local budget year, twenty percent of the cost of services;

(2) In the second local budget year, forty percent of the cost of services;

(3) In the third local budget year, sixty percent of the cost of services;

(4) In the fourth local budget year, eighty percent of the cost of services; and

(5) In the fifth local budget year and thereafter, one hundred percent of the cost of services.

The political subdivision may annually elect to provide any or all of the services set forth in subsection 1 of this section in lieu of reimbursement.

67.2124. The governing body of the political subdivision shall enter into a written agreement with every qualifying common-interest community within its jurisdiction to implement the political subdivision's responsibilities pursuant to sections 67.2115 to 67.2124. For each service, the cost of which is reimbursed, the governing body of the political subdivision shall disclose the cost basis for the amount of the reimbursement."; and

Further amend said bill, Page 3, Section B, Line 5, by inserting thereafter the following:

"Section B. Section 67.2115, 67.2118, 67.2121, and 67.2124 of this act shall become effective January 1, 2003."; and

Further amend said title, enacting clause and intersectional references accordingly.

Representative Cunningham moved that House Amendment No. 2 be adopted.

Which motion was defeated.

Representative Quinn offered House Amendment No. 3.

House Amendment No. 3

AMEND House Bill No. 1350, Page 3, Section 67.1451, Line 71, by inserting immediately thereafter the following:

"349.045. The corporation shall have a board of directors in which all the powers of the corporation shall be vested and which shall consist of any number of directors, not less than five, all of whom shall be duly qualified electors of and taxpayers in the county or municipality; except that, for any industrial development corporation formed by any municipality located wholly within any county of the third or fourth classification, directors may be qualified taxpayers in and registered voters of such county. The directors shall serve as such without compensation except that they shall be reimbursed for their actual expenses incurred in and about the performance of their duties hereunder. The directors shall be resident taxpayers for [five years] at least one year immediately prior to their appointment. No director shall be an officer or employee of the county or municipality. All directors shall be appointed by the chief executive officer of the county or municipality with the advice and consent of a majority of the governing body of the county or municipality, and in all counties, other than a city not within a county and first class counties under a charter form of government, the appointments shall be made by the county commission and they shall be so appointed that they shall hold office for staggered terms. At the time of the appointment of the first board of directors the governing body of the municipality or county shall divide the directors into three groups containing as nearly equal whole numbers as may be possible. The first term of the directors included in the first group shall be two years, the first term of the directors included in the second group shall be four years, the first term of the directors in the third group shall be six years; provided, that if at the expiration of any term of office of any director a successor thereto shall not have been appointed, then the director whose term of office shall have expired shall continue to hold office until [his] a successor shall be appointed by the chief executive officer of the county or municipality with the advice and consent of a majority of the governing body of the county or municipality. The successors shall be resident taxpayers for [five years] at least one year immediately prior to their appointment."; and

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

On motion of Representative Quinn, House Amendment No. 3 was adopted.

On motion of Representative Liese, HB 1350, as amended, was ordered perfected and printed.

HCS HB 1656, relating to sexual offenses, was taken up by Representative Wright.

Representative Wright offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1656, Pages 1 and 2, Section 556.030-556.060, Lines 7 and 11 on Page 1, and Line 7 on Page 2, by inserting the following after the words "life imprisonment": without possibility of parole.".

On motion of Representative Wright, House Amendment No. 1 was adopted.

Representative Reid offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1656 by inserting in the appropriate location the following:

"547.170. In all cases where an appeal or writ of error is prosecuted from a judgment in a criminal cause, except where the defendant is under sentence of death or imprisonment in the penitentiary for life, or a sentence of imprisonment for a violation of sections 195.222, RSMo, 565.021, RSMo, 565.050, RSMo, [or] subsections 1 and 2 of section 566.030, 566.032, 566.040, 566.060, 566.062, 566.070, or 566.100, RSMo, any court or officer authorized to order a stay of proceedings under the preceding provisions may allow a writ of habeas corpus, to bring up the defendant, and may thereupon let him to bail upon a recognizance, with sufficient sureties, to be approved by such court or judge."; and

Further amend the title, enacting clause and intersectional references accordingly.

On motion of Representative Reid, House Amendment No. 2 was adopted.

Representative Burton offered House Amendment No. 3.

Representative Britt resumed the Chair.

House Amendment No. 3 was withdrawn.

Representative Burton offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1656 by inserting in the appropriate location the following:

"650.057. 1. Except as provided in subsection 3 of this section, no local law enforcement agency may establish or operate a system before January 15, 1992, and unless:

(1) The equipment of the local system is compatible with that of the state system; and

(2) The local system is equipped to receive and answer inquiries from the Missouri DNA profiling system or FBI databank and transmit data to the Missouri DNA profiling system and FBI databank; and

(3) The procedure and rules for the collection, analysis, storage, expungement and use of DNA profiling data do not conflict with procedures and rules applicable to the Missouri system and the FBI DNA databank.

2. The Missouri department of public safety shall adopt rules to implement this section.

3. Nothing in subdivisions (1) and (2) of this section shall prohibit a local law enforcement agency from performing DNA profiling analysis in individual cases to assist law enforcement officials and prosecutors in the preparation and use of DNA evidence for presentation in court. Implementation of sections 650.050 to 650.057 shall be subject to future appropriations except for section 650.050.

4. Nothing in this section shall prohibit a law enforcement agency from obtaining a saliva sample through the use of a sterile cotton swab for the purpose of obtaining a DNA sample for purposes of DNA analysis as part of the agency's normal booking process for individuals arrested for any felony violation, if taken in conjunction with the other procedures followed by the law enforcement agency in processing an individual arrested for a felony violation. This subsection does not authorize the drawing of a blood sample for this purpose unless a search warrant is first obtained."; and

Further amend the title, enacting clause and intersectional references accordingly.

On motion of Representative Burton, House Amendment No. 3 was adopted.

Representative Riback Wilson (25) offered House Amendment No. 4.

Speaker Pro Tem Abel resumed the Chair.

Representative Wright raised a point of order that House Amendment No. 4 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Behnen offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 1656 by inserting in the appropriate location the following:

"192.978. The department of health and senior services shall, subject to appropriations, provide upon request to any hospital, as defined in section 197.020, RSMo, rape kits and similar collection materials to aid in the identification of rape suspects."; and

Further amend the title, enacting clause and intersectional references accordingly.

On motion of Representative Behnen, House Amendment No. 4 was adopted.

On motion of Representative Wright, HCS HB 1656, as amended, was adopted.

On motion of Representative Wright, HCS HB 1656, as amended, was ordered perfected and printed.

HCS HB 1650, relating to the water pollution control bonds, was placed on the Informal Calendar.

HB 1627, relating to building regulations, was taken up by Representative Kreider.

Representative Ballard offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 1627, Page 3, Section 64.180, Line 31, by placing an opening bracket after the "adoption." and a closing bracket at the end of Line 33.

Representative Ballard moved that House Amendment No. 1 be adopted.

Which motion was defeated by the following vote:

Representative Campbell offered House Amendment No. 2.

House Amendment No. 2

AMEND House Bill No. 1627, Page 5, Section 64.205, Line 2, by inserting immediately thereafter the following:

"701.359. 1. A political subdivision which has, on August 28, 1994, adopted the ANSI elevator codes specified in 701.353 and maintains, and continues to maintain at all times, after enactment of sections 701.350 to 701.380, a duly constituted department, bureau, or division for the purposes of enforcing these codes, is exempt from the provisions of 701.353, except insofar as the statute requires state certification of inspection or inspections by certified inspectors. Adoption of any code by a political subdivision or the establishment of any code pursuant to sections 701.350 to 701.380 does not preempt common law or statutory liability.

2. The board may grant variances from the rules and regulations promulgated pursuant to sections 701.350 to 701.380 for all equipment regulated by such sections that is located in any political subdivision that has already granted a variance for such equipment.

701.363. Each privately owned or operated installation and each installation owned or operated by the state of Missouri or any political subdivision of the state shall have a state certificate of inspection and meet the safety code promulgated pursuant to sections 701.350 to 701.380; provided, however, that any device that is maintained and operated by any establishment categorized and described by Standard Industrial Classification (SIC) 2048 in Industry Group 204 of Major Group 20 of Division D or SIC 5153 in Industry Group 515 or SIC 5191 in Industry Group 519 of Major Group 51 of Division F of the Occupational Safety & Health Administration's SIC Manual, if the device is used in the manufacture or distribution of the establishment's products, shall be exempt from the provisions of sections 701.350 to 701.380.

701.370. The board shall promulgate rules and regulations prohibiting any inspecting company, or any agent or employee of the inspecting company, from providing any maintenance or repair of any elevator the inspecting company inspects.

701.377. As otherwise provided by sections 701.350 to 701.380, the board shall set fees for inspection, permits, licenses, certificates, and plan review required by the provisions of sections 701.350 to 701.380. Fees shall be determined by the board to provide sufficient funds for the operation of the board, except that no fee for the certificate shall exceed twenty-five dollars. The board may alter the fee schedule once each year. Any funds collected pursuant to sections 701.350 to 701.380 shall be deposited in the "Elevator Safety Fund" which is hereby created. Moneys shall be appropriated from the fund for the expense of the board. Any unexpended funds in the elevator safety fund at the close of the biennium shall revert to the general revenue as required by section 33.080, RSMo. A municipality or other political subdivision enforcing the provisions of sections 701.350 to 701.380 under the provisions of subsection 2 of section 701.365 and which performs the plan review, permitting, inspections, and certifications as required, the fee for that inspection shall be paid directly to the municipality or political subdivision and shall not be preempted by sections 701.350 to 701.380, except that any fee established by the board for the issuance of appropriate state certificates shall be paid to the board."; and

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

Representative Green (73) raised a point of order that House Amendment No. 2 is not germane to the bill.

The Chair ruled the point of order not well taken.

Representative Campbell moved that House Amendment No. 2 be adopted.

Which motion was defeated.

Representative Portwood offered House Amendment No. 3.

Representative Kreider raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

Representative Monaco raised an additional point of order that House Amendment No. 3 is not germane to the bill.

The Chair ruled the points of order well taken.

On motion of Representative Kreider, HB 1627 was ordered perfected and printed.

Representative Monaco assumed the Chair.

HCS HB 1886, relating to municipal economic authorities, was taken up by Representative Rizzo.

On motion of Representative Rizzo, HCS HB 1886 was adopted.

On motion of Representative Rizzo, HCS HB 1886 was ordered perfected and printed.

PERFECTION OF HOUSE BILL - INFORMAL

HCS HB 1650, relating to water pollution control bonds, was taken up by Representative Hoppe.

Representative Hoppe offered HS HCS HB 1650.

Representative Relford offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 1650, Page 10, Section 393.705, Line 3 of said page, by inserting immediately after all of said line the following:

"610.021. Except to the extent disclosure is otherwise required by law, a public governmental body is authorized to close meetings, records and votes, to the extent they relate to the following:

(1) Legal actions, causes of action or litigation involving a public governmental body and any confidential or privileged communications between a public governmental body or its representatives and its attorneys. However, any minutes, vote or settlement agreement relating to legal actions, causes of action or litigation involving a public governmental body or any agent or entity representing its interests or acting on its behalf or with its authority, including any insurance company acting on behalf of a public government body as its insured, shall be made public upon final disposition of the matter voted upon or upon the signing by the parties of the settlement agreement, unless, prior to final disposition, the settlement agreement is ordered closed by a court after a written finding that the adverse impact to a plaintiff or plaintiffs to the action clearly outweighs the public policy considerations of section 610.011, however, the amount of any moneys paid by, or on behalf of, the public governmental body shall be disclosed; provided, however, in matters involving the exercise of the power of eminent domain, the vote shall be announced or become public immediately following the action on the motion to authorize institution of such a legal action. Legal work product shall be considered a closed record;

(2) Leasing, purchase or sale of real estate by a public governmental body where public knowledge of the transaction might adversely affect the legal consideration therefor. However, any minutes, vote or public record approving a contract relating to the leasing, purchase or sale of real estate by a public governmental body shall be made public within seventy-two hours after execution of the lease, purchase or sale of the real estate;

(3) Hiring, firing, disciplining or promoting of particular employees by a public governmental body when personal information about the employee is discussed or recorded. However, any vote on a final decision, when taken by a public governmental body, to hire, fire, promote or discipline an employee of a public governmental body must be made available with a record of how each member voted to the public within seventy-two hours of the close of the meeting where such action occurs; provided, however, that any employee so affected shall be entitled to prompt notice of such decision during the seventy-two-hour period before such decision is made available to the public. As used in this subdivision, the term "personal information" means information relating to the performance or merit of individual employees;

(4) The state militia or national guard or any part thereof;

(5) Nonjudicial mental or physical health proceedings involving identifiable persons, including medical, psychiatric, psychological, or alcoholism or drug dependency diagnosis or treatment;

(6) Scholastic probation, expulsion, or graduation of identifiable individuals, including records of individual test or examination scores; however, personally identifiable student records maintained by public educational institutions shall be open for inspection by the parents, guardian or other custodian of students under the age of eighteen years and by the parents, guardian or other custodian and the student if the student is over the age of eighteen years;

(7) Testing and examination materials, before the test or examination is given or, if it is to be given again, before so given again;

(8) Welfare cases of identifiable individuals;

(9) Preparation, including any discussions or work product, on behalf of a public governmental body or its representatives for negotiations with employee groups;

(10) Software codes for electronic data processing and documentation thereof;

(11) Specifications for competitive bidding, until either the specifications are officially approved by the public governmental body or the specifications are published for bid;

(12) Sealed bids and related documents, until the bids are opened; and sealed proposals and related documents or any documents related to a negotiated contract until a contract is executed, or all proposals are rejected;

(13) Individually identifiable personnel records, performance ratings or records pertaining to employees or applicants for employment, except that this exemption shall not apply to the names, positions, salaries and lengths of service of officers and employees of public agencies once they are employed as such;

(14) Records which are protected from disclosure by law;

(15) Meetings and public records relating to scientific and technological innovations in which the owner has a proprietary interest;

(16) Records relating to municipal hot lines established for the reporting of abuse and wrongdoing;

(17) Confidential or privileged communications between a public governmental body and its auditor, including all auditor work product; [and]

(18) In preparation for and implementation of electric restructuring, a municipal electric utility may close that portion of its financial records and business plans which contains information regarding the name of the suppliers of services to said utility and the cost of such services, and the records and business plans concerning the municipal electric utility's future marketing and service expansion areas. However, this exception shall not be construed to limit access to other records of a municipal electric utility, including but not limited to the names and addresses of its business and residential customers, its financial reports, including but not limited to its budget, annual reports and other financial statements prepared in the course of business, and other records maintained in the course of doing business as a municipal electric utility. This exception shall become null and void if the state of Missouri fails to implement by December 31, 2001, electric restructuring through the adoption of statutes permitting the same in this state; and

(19) Portions of documents detailing plans or proposals for protection from and response to domestic terrorism, as defined in 18 U.S.C. section 2331, including the protection of critical physical structures and evacuation plans from those structures, protection and response plans relating to the potential contamination of reservoirs, water supplies, or sewers, and protection and response plans relating to the damaging of electric and gas utilities, except that information related to the costs budgeted and expended to protect such structures, water supplies, sewers, or utilities shall not be a closed record under this exception."; and

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

On motion of Representative Relford, House Amendment No. 1 was adopted.

Representative Shoemyer (9) offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 1650 by placing the following in the appropriate location:

"640.620. In any case, the grant shall not be in excess of one thousand four hundred dollars per connection, or, in the case of a source water protection project, for more than twenty percent of the cost per acre for conservation reserve, and[, except as otherwise provided in this section,] no district or system may receive more than one grant for [any purpose] a construction project and one grant for a source water protection project in any two-year period. [Grantees who received or who are receiving funds under the 1993-1994 special allocation for flood-impacted communities are not subject to the prohibition against receiving more than one grant during any two-year period for a period ending two years after the final grant allocation for flood-impacted communities is received by that grantee.]

Section B. Because of the need to provide adequate sewer systems within local political subdivisions, section A 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 A of this act shall be in full force and effect upon its passage and approval."; and

Further amend the title, enacting clause, and intersectional references accordingly.

On motion of Representative Shoemyer (9), House Amendment No. 2 was adopted.

Representative Lawson offered House Amendment No. 3.

House Amendment No. 3 was withdrawn.

Representative Dolan offered House Amendment No. 3.

Representative Foley raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

Representative Monaco requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

Representative Kelly (144) offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill No. 1650 by inserting in the appropriate location the following:

"644.016. When used in sections 644.006 to 644.141 and in standards, rules and regulations promulgated pursuant to sections 644.006 to 644.141, the following words and phrases mean:

(1) "Aquaculture", a facility which uses water for the controlled propagation, growth and harvest of aquatic organisms;

[(1)] (2) "Commission", the clean water commission of the state of Missouri created in section 644.021;

[(2)] (3) "Conference, conciliation and persuasion", a process of verbal or written communications consisting of meetings, reports, correspondence or telephone conferences between authorized representatives of the department and the alleged violator. The process shall, at a minimum, consist of one offer to meet with the alleged violator tendered by the department. During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to achieve compliance;

[(3)] (4) "Department", the department of natural resources;

[(4)] (5) "Director", the director of the department of natural resources;

[(5)] (6) "Discharge", the causing or permitting of one or more water contaminants to enter the waters of the state;

[(6)] (7) "Effluent control regulations", limitations on the discharge of water contaminants;

[(7)] (8) "General permit", a permit written with a standard group of conditions and with applicability intended for a designated category of water contaminant sources that have the same or similar operations, discharges and geographical locations, and that require the same or similar monitoring, and that would be more appropriately controlled pursuant to a general permit rather than pursuant to a site-specific permit;

[(8)] (9) "Human sewage", human excreta and wastewater, including bath and toilet waste, residential laundry waste, residential kitchen waste, and other similar waste from household or establishment appurtenances;

[(9)] (10) "Income" includes retirement benefits, consultant fees, and stock dividends;

[(10)] (11) "Minor violation", a violation which possesses a small potential to harm the environment or human health or cause pollution, was not knowingly committed, and is not defined by the United States Environmental Protection Agency as other than minor;

[(11)] (12) "Permit by rule", a permit granted by rule, not by a paper certificate, and conditioned by the permit holder's compliance with commission rules;

[(12)] (13) "Permit holders or applicants for a permit" shall not include officials or employees who work full time for any department or agency of the state of Missouri;

[(13)] (14) "Person", any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision, or any agency, board, department, or bureau of the state or federal government, or any other legal entity whatever which is recognized by law as the subject of rights and duties;

[(14)] (15) "Point source", any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged;

[(15)] (16) "Pollution", such contamination or other alteration of the physical, chemical or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is reasonably certain to create a nuisance or render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, industrial, agricultural, recreational, or other legitimate beneficial uses, or to wild animals, birds, fish or other aquatic life;

[(16)] (17) "Pretreatment regulations", limitations on the introduction of pollutants or water contaminants into publicly owned treatment works or facilities which the commission determines are not susceptible to treatment by such works or facilities or which would interfere with their operation, except that wastes as determined compatible for treatment pursuant to any federal water pollution control act or guidelines shall be limited or treated pursuant to this chapter only as required by such act or guidelines;

[(17)] (18) "Residential housing development", any land which is divided or proposed to be divided into three or more lots, whether contiguous or not, for the purpose of sale or lease as part of a common promotional plan for residential housing;

[(18)] (19) "Sewer system", pipelines or conduits, pumping stations, and force mains, and all other structures, devices, appurtenances and facilities used for collecting or conducting wastes to an ultimate point for treatment or handling;

[(19)] (20) "Significant portion of his or her income" shall mean ten percent of gross personal income for a calendar year, except that it shall mean fifty percent of gross personal income for a calendar year if the recipient is over sixty years of age, and is receiving such portion pursuant to retirement, pension, or similar arrangement;

[(20)] (21) "Site-specific permit", a permit written for discharges emitted from a single water contaminant source and containing specific conditions, monitoring requirements and effluent limits to control such discharges;

[(21)] (22) "Treatment facilities", any method, process, or equipment which removes, reduces, or renders less obnoxious water contaminants released from any source;

[(22)] (23) "Water contaminant", any particulate matter or solid matter or liquid or any gas or vapor or any combination thereof, or any temperature change which is in or enters any waters of the state either directly or indirectly by surface runoff, by sewer, by subsurface seepage or otherwise, which causes or would cause pollution upon entering waters of the state, or which violates or exceeds any of the standards, regulations or limitations set forth in sections 644.006 to 644.141 or any federal water pollution control act, or is included in the definition of pollutant in such federal act;

[(23)] (24) "Water contaminant source", the point or points of discharge from a single tract of property on which is located any installation, operation or condition which includes any point source defined in sections 644.006 to 644.141 and nonpoint source pursuant to any federal water pollution control act, which causes or permits a water contaminant therefrom to enter waters of the state either directly or indirectly;

[(24)] (25) "Water quality standards", specified concentrations and durations of water contaminants which reflect the relationship of the intensity and composition of water contaminants to potential undesirable effects;

[(25)] (26) "Waters of the state", all rivers, streams, lakes and other bodies of surface and subsurface water lying within or forming a part of the boundaries of the state which are not entirely confined and located completely upon lands owned, leased or otherwise controlled by a single person or by two or more persons jointly or as tenants in common and includes waters of the United States lying within the state.

644.051. 1. It is unlawful for any person:

(1) To cause pollution of any waters of the state or to place or cause or permit to be placed any water contaminant in a location where it is reasonably certain to cause pollution of any waters of the state;

(2) To discharge any water contaminants into any waters of the state which reduce the quality of such waters below the water quality standards established by the commission;

(3) To violate any pretreatment and toxic material control regulations, or to discharge any water contaminants into any waters of the state which exceed effluent regulations or permit provisions as established by the commission or required by any federal water pollution control act;

(4) To discharge any radiological, chemical, or biological warfare agent or high-level radioactive waste into the waters of the state.

2. It shall be unlawful for any person to build, erect, alter, replace, operate, use or maintain any water contaminant or point source in this state that is subject to standards, rules or regulations promulgated pursuant to the provisions of sections 644.006 to 644.141 unless such person holds a permit from the commission, subject to such exceptions as the commission may prescribe by rule or regulation. However, no permit shall be required of any person for any emission into publicly owned treatment facilities or into publicly owned sewer systems tributary to publicly owned treatment works.

3. Every proposed water contaminant or point source which, when constructed or installed or established, will be subject to any federal water pollution control act or sections 644.006 to 644.141 or regulations promulgated pursuant to the provisions of such act shall make application to the director for a permit at least thirty days prior to the initiation of construction or installation or establishment. Every water contaminant or point source in existence when regulations or sections 644.006 to 644.141 become effective shall make application to the director for a permit within sixty days after the regulations or sections 644.006 to 644.141 become effective, whichever shall be earlier. The director shall promptly investigate each application, which investigation shall include such hearings and notice, and consideration of such comments and recommendations as required by sections 644.006 to 644.141 and any federal water pollution control act. If the director determines that the source meets or will meet the requirements of sections 644.006 to 644.141 and the regulations promulgated pursuant thereto, the director shall issue a permit with such conditions as he or she deems necessary to ensure that the source will meet the requirements of sections 644.006 to 644.141 and any federal water pollution control act as it applies to sources in this state. If the director determines that the source does not meet or will not meet the requirements of either act and the regulations pursuant thereto, the director shall deny the permit pursuant to the applicable act and issue any notices required by sections 644.006 to 644.141 and any federal water pollution control act.

4. Before issuing a permit to build or enlarge a water contaminant or point source or reissuing any permit, the director shall issue such notices, conduct such hearings, and consider such factors, comments and recommendations as required by sections 644.006 to 644.141 or any federal water pollution control act. The director shall determine if any state or any provisions of any federal water pollution control act the state is required to enforce, any state or federal effluent limitations or regulations, water quality-related effluent limitations, national standards of performance, toxic and pretreatment standards, or water quality standards which apply to the source, or any such standards in the vicinity of the source, are being exceeded, and shall determine the impact on such water quality standards from the source. The director, in order to effectuate the purposes of sections 644.006 to 644.141, shall deny a permit if the source will violate any such acts, regulations, limitations or standards or will appreciably affect the water quality standards or the water quality standards are being substantially exceeded, unless the permit is issued with such conditions as to make the source comply with such requirements within an acceptable time schedule. Prior to the development or renewal of a general permit or permit by rule, for aquaculture, the director shall convene a meeting or meetings of permit holders, applicants and public to evaluate the pollution impacts of permits and to discuss any terms and conditions that may be necessary to protect waters of the state. Following the discussions, the director shall finalize a draft permit that considers the comments of the meeting participants and post the draft permit on notice for public comment. The director shall concurrently post with the draft permit an explanation of the draft permit and shall identify types of facilities which are subject to the permit conditions. Concerned, affected public or applicants for new general permits, renewed general permits or permits by rule may request a hearing with respect to the new requirements in accordance with this section. If a request for a hearing is received, the commission shall hold a hearing to receive comments on issues of significant technical merit and concerns related to the responsibilities of the Missouri clean water law. The commission shall conduct such hearings in accordance with this section. After consideration of such comments, a final action on the permit shall be rendered. The time between the date of the hearing request and the hearing itself shall not be counted as time elapsed pursuant to subdivision (1) of subsection 13 of this section.

5. The director shall grant or deny the permit within sixty days after all requirements of the Federal Water Pollution Control Act concerning issuance of permits have been satisfied unless the application does not require any permit pursuant to any federal water pollution control act. The director or the commission may require the applicant to provide and maintain such facilities or to conduct such tests and monitor effluents as necessary to determine the nature, extent, quantity or degree of water contaminant discharged or released from the source, establish and maintain records and make reports regarding such determination.

6. The director shall promptly notify the applicant in writing of his or her action and if the permit is denied state the reasons therefor. The applicant may appeal to the commission from the denial of a permit or from any condition in any permit by filing notice of appeal with the commission within thirty days of the notice of denial or issuance of the permit. The commission shall set the matter for hearing not less than thirty days after the notice of appeal is filed. In no event shall a permit constitute permission to violate the law or any standard, rule or regulation promulgated pursuant thereto.

7. In any hearing held pursuant to this section the burden of proof is on the applicant for a permit. Any decision of the commission made pursuant to a hearing held pursuant to this section is subject to judicial review as provided in section 644.071.

8. In any event, no permit issued pursuant to this section shall be issued if properly objected to by the federal government or any agency authorized to object pursuant to any federal water pollution control act unless the application does not require any permit pursuant to any federal water pollution control act.

9. Unless a site-specific permit is requested by the applicant, aquaculture facilities shall be governed by a general permit issued pursuant to this section with a fee not to exceed two hundred fifty dollars pursuant to subdivision (5) of subsection 6 of section 644.052. However, any aquaculture facility which materially violates the conditions and requirements of such permit may be required to obtain a site-specific permit.

[9.] 10. No manufacturing or processing plant or operating location shall be required to pay more than one operating fee. Operating permits shall be issued for a period not to exceed five years after date of issuance, except that general permits shall be issued for a five-year period, and also except that neither a construction nor an annual permit shall be required for a single residence's waste treatment facilities. Applications for renewal of an operating permit shall be filed at least one hundred eighty days prior to the expiration of the existing permit.

[10.] 11. Every permit issued to municipal or any publicly owned treatment works or facility shall require the permittee to provide the clean water commission with adequate notice of any substantial new introductions of water contaminants or pollutants into such works or facility from any source for which such notice is required by sections 644.006 to 644.141 or any federal water pollution control act. Such permit shall also require the permittee to notify the clean water commission of any substantial change in volume or character of water contaminants or pollutants being introduced into its treatment works or facility by a source which was introducing water contaminants or pollutants into its works at the time of issuance of the permit. Notice must describe the quality and quantity of effluent being introduced or to be introduced into such works or facility by a source which was introducing water contaminants or pollutants into its works at the time of issuance of the permit. Notice must describe the quality and quantity of effluent being introduced or to be introduced into such works or facility and the anticipated impact of such introduction on the quality or quantity of effluent to be released from such works or facility into waters of the state.

[11.] 12. The director or the commission may require the filing or posting of a bond as a condition for the issuance of permits for construction of temporary or future water treatment facilities in an amount determined by the commission to be sufficient to ensure compliance with all provisions of sections 644.006 to 644.141, and any rules or regulations of the commission and any condition as to such construction in the permit. The bond shall be signed by the applicant as principal, and by a corporate surety licensed to do business in the state of Missouri and approved by the commission. The bond shall remain in effect until the terms and conditions of the permit are met and the provisions of sections 644.006 to 644.141 and rules and regulations promulgated pursuant thereto are complied with.

[12.] 13. (1) The department shall issue or deny applications for construction and site-specific operating permits received after January 1, 2001, within one hundred eighty days of the department's receipt of an application. For general construction and operating permit applications received after January 1, 2001, that do not require a public participation process, the department shall issue or deny the requested permits within sixty days of the department's receipt of an application.

(2) If the department fails to issue or deny with good cause a construction or operating permit application within the time frames established in subdivision (1) of this subsection, the department shall refund the full amount of the initial application fee within forty-five days of failure to meet the established time frame. If the department fails to refund the application fee within forty-five days, the refund amount shall accrue interest at a rate established pursuant to section 32.065, RSMo.

(3) Permit fee disputes may be appealed to the commission within thirty days of the date established in subdivision (2) of this subsection. If the applicant prevails in a permit fee dispute appealed to the commission, the commission may order the director to refund the applicant's permit fee plus interest and reasonable attorney's fees as provided in sections 536.085 and 536.087, RSMo. A refund of the initial application or annual fee does not waive the applicant's responsibility to pay any annual fees due each year following issuance of a permit.

(4) No later than December 31, 2001, the commission shall promulgate regulations defining shorter review time periods than the time frames established in subdivision (1) of this subsection, when appropriate, for different classes of construction and operating permits. In no case shall commission regulations adopt permit review times that exceed the time frames established in subdivision (1) of this subsection. The department's failure to comply with the commission's permit review time periods shall result in a refund of said permit fees as set forth in subdivision (2) of this subsection. On a semiannual basis, the department shall submit to the commission a report which describes the different classes of permits and reports on the number of days it took the department to issue each permit from the date of receipt of the application and show averages for each different class of permits.

(5) During the department's technical review of the application, the department may request the applicant submit supplemental or additional information necessary for adequate permit review. The department's technical review letter shall contain a sufficient description of the type of additional information needed to comply with the application requirements.

(6) Nothing in this subsection shall be interpreted to mean that inaction on a permit application shall be grounds to violate any provisions of sections 644.006 to 644.141 or any rules promulgated pursuant to sections 644.006 to 644.141.

[13.] 14. The department shall respond to all requests for individual certification under Section 401 of the Federal Clean Water Act within the lesser of sixty days or the allowed response period established pursuant to applicable federal regulations without request for an extension period unless such extension is determined by the commission to be necessary to evaluate significant impacts on water quality standards and the commission establishes a timetable for completion of such evaluation in a period of no more than one hundred eighty days.

[14.] 15. All permit fees generated pursuant to this chapter shall not be used for the development or expansion of total maximum daily loads studies on either the Missouri or Mississippi rivers.

644.052. 1. Persons with operating permits or permits by rule issued pursuant to this chapter shall pay fees pursuant to subsections 2 to 8 and 12 to 13 of this section. Persons with a sewer service connection to public sewer systems owned or operated by a city, public sewer district, public water district or other publicly owned treatment works shall pay a permit fee pursuant to subsections 10 and 11 of this section.

2. A privately owned treatment works or an industry which treats only human sewage shall annually pay a fee based upon the design flow of the facility as follows:

(1) One hundred dollars if the design flow is less than five thousand gallons per day;

(2) One hundred fifty dollars if the design flow is equal to or greater than five thousand gallons per day but less than six thousand gallons per day;

(3) One hundred seventy-five dollars if the design flow is equal to or greater than six thousand gallons per day but less than seven thousand gallons per day;

(4) Two hundred dollars if the design flow is equal to or greater than seven thousand gallons per day but less than eight thousand gallons per day;

(5) Two hundred twenty-five dollars if the design flow is equal to or greater than eight thousand gallons per day but less than nine thousand gallons per day;

(6) Two hundred fifty dollars if the design flow is equal to or greater than nine thousand gallons per day but less than ten thousand gallons per day;

(7) Three hundred seventy-five dollars if the design flow is equal to or greater than ten thousand gallons per day but less than eleven thousand gallons per day;

(8) Four hundred dollars if the design flow is equal to or greater than eleven thousand gallons per day but less than twelve thousand gallons per day;

(9) Four hundred fifty dollars if the design flow is equal to or greater than twelve thousand gallons per day but less than thirteen thousand gallons per day;

(10) Five hundred dollars if the design flow is equal to or greater than thirteen thousand gallons per day but less than fourteen thousand gallons per day;

(11) Five hundred fifty dollars if the design flow is equal to or greater than fourteen thousand gallons per day but less than fifteen thousand gallons per day;

(12) Six hundred dollars if the design flow is equal to or greater than fifteen thousand gallons per day but less than sixteen thousand gallons per day;

(13) Six hundred fifty dollars if the design flow is equal to or greater than sixteen thousand gallons per day but less than seventeen thousand gallons per day;

(14) Eight hundred dollars if the design flow is equal to or greater than seventeen thousand gallons per day but less than twenty thousand gallons per day;

(15) One thousand dollars if the design flow is equal to or greater than twenty thousand gallons per day but less than twenty-three thousand gallons per day;

(16) Two thousand dollars if the design flow is equal to or greater than twenty-three thousand gallons per day but less than twenty-five thousand gallons per day;

(17) Two thousand five hundred dollars if the design flow is equal to or greater than twenty-five thousand gallons per day but less than thirty thousand gallons per day;

(18) Three thousand dollars if the design flow is equal to or greater than thirty thousand gallons per day but less than one million gallons per day; or

(19) Three thousand five hundred dollars if the design flow is equal to or greater than one million gallons per day.

3. Persons who produce industrial process wastewater which requires treatment and who apply for or possess a site-specific permit shall annually pay:

(1) Five thousand dollars if the industry is a class IA animal feeding operation as defined by the commission; or

(2) For facilities issued operating permits based upon categorical standards pursuant to the Federal Clean Water Act and regulations implementing such act:

(a) Three thousand five hundred dollars if the design flow is less than one million gallons per day; or

(b) Five thousand dollars if the design flow is equal to or greater than one million gallons per day.

4. Persons who apply for or possess a site-specific permit solely for industrial storm water shall pay an annual fee of:

(1) One thousand three hundred fifty dollars if the design flow is less than one million gallons per day; or

(2) Two thousand three hundred fifty dollars if the design flow is equal to or greater than one million gallons per day.

5. Persons who produce industrial process wastewater who are not included in subsection 2 or 3 of this section shall annually pay:

(1) One thousand five hundred dollars if the design flow is less than one million gallons per day; or

(2) Two thousand five hundred dollars if the design flow is equal to or greater than one million gallons per day. 6. Persons who apply for or possess a general permit shall pay:

(1) Three hundred dollars for the discharge of storm water from a land disturbance site;

(2) Fifty dollars annually for the operation of a chemical fertilizer or pesticide facility;

(3) One hundred fifty dollars for the operation of an animal feeding operation or a concentrated animal feeding operation;

(4) One hundred fifty dollars annually for new permits for the discharge of process water or storm water potentially contaminated by activities not included in subdivisions (1) to (3) of this subsection. Persons paying fees pursuant to this subdivision with existing general permits on August 27, 2000, and persons paying fees pursuant to this subdivision who receive renewed general permits on the same facility after August 27, 2000, shall pay sixty dollars annually;

(5) Up to two hundred fifty dollars annually for the operation of an aquaculture facility.

7. Requests for modifications to state operating permits on entities that charge a service connection fee pursuant to subsection 10 of this section shall be accompanied by a two hundred-dollar fee. The department may waive the fee if it is determined that the necessary modification was either initiated by the department or caused by an error made by the department.

8. Requests for state operating permit modifications other than those described in subsection 7 of this section shall be accompanied by a fee equal to twenty-five percent of the annual operating fee assessed for the facility pursuant to this section. The department may waive the fee if it is determined that the necessary modification was either initiated by the department or caused by an error made by the department.

9. Persons requesting water quality certifications in accordance with Section 401 of the Federal Clean Water Act shall pay a fee of seventy-five dollars and shall submit the standard application form for a Section 404 permit as administered by the U.S. Army Corps of Engineers or similar information required for other federal licenses and permits, except that the fee is waived for water quality certifications issued and accepted for activities authorized pursuant to a general permit or nationwide permit by the U.S. Army Corps of Engineers.

10. Persons with a direct or indirect sewer service connection to a public sewer system owned or operated by a city, public sewer district, public water district, or other publicly owned treatment works shall pay an annual fee per water service connection as provided in this subsection. Customers served by multiple water service connections shall pay such fee for each water service connection, except that no single facility served by multiple connections shall pay more than a total of seven hundred dollars per year. The fees provided for in this subsection shall be collected by the agency billing such customer for sewer service and remitted to the department. The fees may be collected in monthly, quarterly or annual increments, and shall be remitted to the department no less frequently than annually. The fees collected shall not exceed the amounts specified in this subsection and, except as provided in subsection 11 of this section, shall be collected at the specified amounts unless adjusted by the commission in rules. The annual fees shall not exceed:

(1) For sewer systems that serve more than thirty-five thousand customers, forty cents per residential customer as defined by the provider of said sewer service until such time as the commission promulgates rules defining the billing procedure;

(2) For sewer systems that serve equal to or less than thirty-five thousand but more than twenty thousand customers, fifty cents per residential customer as defined by the provider of said sewer service until such time as the commission promulgates rules defining the billing procedure;

(3) For sewer systems that serve equal to or less than twenty thousand but more than seven thousand customers, sixty cents per residential customer as defined by the provider of said sewer service until such time as the commission promulgates rules defining the billing procedure;

(4) For sewer systems that serve equal to or less than seven thousand but more than one thousand customers, seventy cents per residential customer as defined by the provider of said sewer service until such time as the commission promulgates rules defining the billing procedure;

(5) For sewer systems that serve equal to or less than one thousand customers, eighty cents per residential customer as defined by the provider of said sewer service until such time as the commission promulgates rules defining the billing procedure;

(6) Three dollars for commercial or industrial customers not served by a public water system as defined in chapter 640, RSMo;

(7) Three dollars per water service connection for all other customers with water service connections of less than or equal to one inch excluding taps for fire suppression and irrigation systems;

(8) Ten dollars per water service connection for all other customers with water service connections of more than one inch but less than or equal to four inches, excluding taps for fire suppression and irrigation systems;

(9) Twenty-five dollars per water service connection for all other customers with water service connections of more than four inches, excluding taps for fire suppression and irrigation systems.

11. Customers served by any district formed pursuant to the provisions of section 30(a) of article VI of the Missouri Constitution shall pay the fees set forth in subsection 10 of this section according to the following schedule:

(1) From August 28, 2000, through September 30, 2001, customers of any such district shall pay fifty percent of such fees; and

(2) Beginning October 1, 2001, customers of any such districts shall pay one hundred percent of such fees.

12. Persons submitting a notice of intent to operate pursuant to a permit by rule shall pay a filing fee of twenty-five dollars.

13. For any general permit issued to a state agency for highway construction pursuant to subdivision (1) of subsection 6 of this section, a single fee may cover all sites subject to the permit."; and

Further amend said title, enacting clause and intersectional references accordingly.

On motion of Representative Kelly (144), House Amendment No. 3 was adopted.

On motion of Representative Hoppe, HS HCS HB 1650, as amended, was adopted.

On motion of Representative Hoppe, HS HCS HB 1650, as amended, was ordered perfected and printed.

MOTION

Representative Rizzo, having voted on the prevailing side, moved that the vote by which HCS HB 1886 was ordered perfected and printed, be reconsidered.

Which motion was adopted by the following vote:

Representative Rizzo, having voted on the prevailing side, moved that the vote by which HCS HB 1886 was adopted, be reconsidered.

Which motion was adopted by the following vote:

HCS HB 1886, relating to municipal economic authorities, was again taken up by Representative Rizzo.

HCS HB 1886 was laid over.

On motion of Representative Graham, the House recessed until 8:00 p.m.

EVENING SESSION

The hour of recess having expired, the House was called to order by Speaker Kreider.

THIRD READING OF SENATE BILLS - CONSENT

HCS SCS SB 645, relating to correctional facilities, was taken up by Representative Relford.

On motion of Representative Relford, HCS SCS SB 645 was adopted.

On motion of Representative Relford, HCS SCS SB 645 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HCS SCS SB 776, relating to higher education savings program, was taken up by Representative Harlan.

On motion of Representative Harlan, HCS SCS SB 776 was adopted.

On motion of Representative Harlan, HCS SCS SB 776 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

Speaker Pro Tem Abel resumed the Chair.

HCS SCS SB 1113, relating to coroner's inquest, was taken up by Representative Farnen.

On motion of Representative Farnen, HCS SCS SB 1113 was adopted.

On motion of Representative Farnen, HCS SCS SB 1113 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SB 1012, relating to energy efficiency projects, was taken up by Representative Lawson.

On motion of Representative Lawson, HCS SB 1012 was adopted.

On motion of Representative Lawson, HCS SB 1012 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SB 795, relating to boiler and pressure vessels safety fund, was taken up by Representative Treadway.

On motion of Representative Treadway, HCS SB 795 was adopted.

On motion of Representative Treadway, HCS SB 795 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SCS SBs 1086 & 1126, relating to nuisance abatement, was taken up by Representative Hoppe.

On motion of Representative Hoppe, HCS SCS SBs 1086 & 1126 was adopted.

On motion of Representative Hoppe, HCS SCS SBs 1086 & 1126 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SB 786, relating to design-build contracts, was taken up by Representative Campbell.

On motion of Representative Campbell, HCS SB 786 was adopted.

On motion of Representative Campbell, HCS SB 786 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SB 1244, relating to hearing screening for newborns, was taken up by Representative Bland.

On motion of Representative Bland, HCS SB 1244 was adopted.

On motion of Representative Bland, HCS SB 1244 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

Speaker Kreider resumed the Chair.

HCS SB 961, relating to Kansas City police retirement systems, was taken up by Representative Curls.

On motion of Representative Curls, HCS SB 961 was adopted.

On motion of Representative Curls, HCS SB 961 was read the third time and passed by the following vote: