Journal of the House

Second Regular Session, 91st General Assembly

SIXTY-EIGHTH DAY, Thursday, May 9, 2002

Speaker Kreider in the Chair.

Prayer by Reverend Rudy Beard.

Gracious Lord, Giver of Life, we bow now as Your children, and ask for guidance. Strengthen, we pray, the men and women of this House. They want to do what is right and what is best for Missouri. They need Your guidance and protection so that no narrow perspective, or contentiousness, or impatience blinds them. Confirm them in their best instincts.

Particularly we pray for the leaders of this House, for our Speaker and those who lead these two great political parties that must work together for the common good. 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: Dennis Jones III, Keith Callen, Bobby Kohlberg, Kyra Hjelle, Chet Chenoweth, Katie Sybert, Cali Davison, Tim Smith and Greg Smith.

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

Representative Crump suggested the absence of a quorum.

The following roll call indicated a quorum present:

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1887

through

House Resolution No. 1900 - Representatives Fraser, Bray and Hanaway

House Resolution No. 1901 - Representative Secrest

House Resolution No. 1902 - Representative Scott

House Resolution No. 1903

through

House Resolution No. 1906 - Representative Ridgeway

House Resolution No. 1907 - Representatives Vogel and Gratz

House Resolution No. 1908

and

House Resolution No. 1909 - Representative Luetkemeyer

House Resolution No. 1910 - Representative Champion

House Resolution No. 1911 - Representative Clayton

House Resolution No. 1912 - Representatives Jolly and Campbell

SECOND READING OF SENATE CONCURRENT RESOLUTIONS

SCS SCR 57, SS SCS SCR 60, SCR 69 and SCR 74 were read the second time.

SECOND READING OF SENATE BILL

SCS SB 954 was read the second time.

Speaker Pro Tem Abel assumed the Chair.

MOTION

Representative Green (73) moved that the House Conferees be allowed to exceed the differences on SCS HCS HB 1101 through SCS HCS HB 1112.

Which motion was adopted.

HOUSE BILLS WITH SENATE AMENDMENTS

SCS HB 1468, relating to commercial insurance, was taken up by Representative Ward.

On motion of Representative Ward, SCS HB 1468 was adopted by the following vote:

On motion of Representative Ward, SCS HB 1468 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

SS SCS HB 1712, as amended, relating to secured transactions, was taken up by Representative Monaco.

Representative Monaco moved that the House refuse to adopt SS SCS HB 1712, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference.

Which motion was adopted.

SCS HB 1473, relating to health insurance, was taken up by Representative Green (15).

On motion of Representative Green (15), SCS HB 1473 was adopted by the following vote:

Representative Villa assumed the Chair.

On motion of Representative Green (15), SCS HB 1473 was truly agreed to and finally passed by the following vote:

Representative Villa declared the bill passed.

Speaker Pro Tem Abel resumed the Chair.

SS SCS HCS HB 1888, relating to pawnshops, was taken up by Representative Barnitz.

On motion of Representative Barnitz, SS SCS HCS HB 1888 was adopted by the following vote:

On motion of Representative Barnitz, SS SCS HCS HB 1888 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

SCS HBs 1205, 1214, 1314, 1320, 1504, 1788, 1867 & 1969, relating to special license plates, was taken up by Representative Seigfreid.

On motion of Representative Seigfreid, SCS HBs 1205, 1214, 1314, 1320, 1504, 1788, 1867 & 1969 was adopted by the following vote:

On motion of Representative Seigfreid, SCS HBs 1205, 1214, 1314, 1320, 1504, 1788, 1867 & 1969 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

SCS HB 1789, relating to special license plates, was taken up by Representative Ross.

On motion of Representative Ross, SCS HB 1789 was adopted by the following vote:

On motion of Representative Ross, SCS HB 1789 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

BILL CARRYING REQUEST MESSAGE

HCS SCS SB 1202, relating to motor carrier services unit, was taken up by Representative Koller.

Representative Koller moved that the House refuse to recede from its position on HCS SCS SB 1202 and grant the Senate a conference.

Which motion was adopted.

THIRD READING OF SENATE BILL

HCS SCS SB 810, relating to utilicare program, was taken up by Representative Ladd Baker.

Representative Ladd Baker offered HS HCS SCS SB 810.

Representative Relford offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 810 by inserting in the appropriate location the following:

"660.099. 1. The general assembly may appropriate funds in addition to the amount currently being provided per annum for nutrition services for the elderly. Funds so designated to provide nutrition services for the elderly shall be allocated to the Missouri division of aging [to be placed on the formula basis] and distributed to each area agency on aging throughout the state of Missouri based on the actual number of meals served in each area during the previous fiscal year.

2. The general assembly may appropriate funds in addition to the amount currently being provided per annum through the Missouri elderly and handicapped transportation program. Funds so designated to provide transportation for the elderly and developmentally disabled shall be allocated to the Missouri division of aging to be placed on the formula basis and distributed to each area agency on aging throughout the state of Missouri.

3. The general assembly may appropriate funds in addition to the amount currently being provided per annum for home-delivered meals for the elderly. Such additional funds shall be allocated to the Missouri division of aging [to be placed on the formula basis] and distributed to each area agency on aging throughout the state of Missouri based on the actual number of meals served in each area during the previous fiscal year."; and

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

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

Representative Clayton assumed the Chair.

Speaker Pro Tem Abel resumed the Chair.

Representative Smith offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 810, Page 4, Section 660.115.1, Line 18, by deleting the period at the end of Line 18 and adding the following:

"; provided that the respective shares of overall funding previously received by primary and secondary heating and cooling source suppliers on behalf of their customers shall be substantially maintained.".

HCS SCS SB 810, with House Amendment No. 2 and HS, as amended, pending, was laid over.

Representative Crump suggested the absence of a quorum.

The following roll call indicated a quorum present:

Speaker Kreider resumed the Chair.

THIRD READING OF SENATE BILL - APPROPRIATIONS

SB 1281, relating to appropriations, was taken up by Representative Green (73).

SB 1281 was laid over.

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on HS SB 1220, as amended: Senators Sims, Kenney, Yeckel, Wiggins and Dougherty.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HBs 1093, 1094, 1159, 1204, 1242, 1272, 1391, 1397, 1411, 1624, 1632, 1714, 1755, 1778, 1779, 1852, 1862, 2025 & 2123, entitled:

An act to repeal section 301.469, RSMo, relating to special license plates and to enact in lieu thereof twenty-five new sections relating to the same subject.

With Senate Amendment No. 1

Senate Amendment No. 1

AMEND Senate Committee Substitute for House Bill No.1093, 1094, 1159, 1204, 1242, 1272, 1391, 1397, 1411, 1624, 1632, 1714, 1755, 1778, 1779, 1852, 1862, 2025 & 2123, Page 3, Section 301.2999, Line 6, by deleting "(3)".

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HB 1811, entitled:

An act to authorize the governor to convey certain described property.

With Senate Amendment No. 1

Senate Amendment No. 1

AMEND Senate Committee Substitute for House Bill No. 1811, Page 5, Section 3, Line 40, by striking "2nd" and inserting in lieu thereof the following: "22nd".

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS HCS HB 1443, entitled:

An act to repeal sections 192.016 and 453.030, RSMo, and to enact in lieu thereof three new sections relating to child abandonment.

In which the concurrence of the House is respectfully requested.

On motion of Representative Crump, the House recessed until 1:30 p.m.

AFTERNOON SESSION

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

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1913

and

House Resolution No. 1914 - Representative Rector

House Resolution No. 1915 - Representatives Rector and Mays (50)

House Resolution No. 1916 - Representative Barnitz

House Resolution No. 1917

through

House Resolution No. 1923 - Representative Cunningham

House Resolution No. 1924 - Representative Shoemaker (8)

House Resolution No. 1925 - Representative Johnson (61)

House Resolution No. 1926

through

House Resolution No. 1933 - Representative Dempsey

House Resolution No. 1934

and

House Resolution No. 1935 - Representative Fraser

House Resolution No. 1936 - Representative Dolan

House Resolution No. 1937 - Representative Cunningham

House Resolution No. 1938 - Representative Bonner

House Resolution No. 1939 - Representative Burton

House Resolution No. 1940

and

House Resolution No. 1941 - Representative Green (15)

House Resolution No. 1942 - Representative Bearden

COMMITTEE REPORTS

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 SS SCS SB 675 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS SCS SB 712 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

THIRD READING OF SENATE BILLS

HCS SCS SB 810, with House Amendment No. 2 and HS, as amended, pending, relating to Utilicare program, was again taken up by Representative Ladd Baker.

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

Representative Boucher offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 810 by inserting in the appropriate location the following:

"470.270. After the owner, his or her assignee, personal representative, grantee, heirs, devisees or other successors, entitled to any moneys, refund of rates or premiums or effects by reason of any litigation concerning rates, refunds, refund of premiums, fares or charges collected by any person or corporation in the state of Missouri for any service rendered or to be rendered in said state, or for any contract of insurance on property in this state, or under any contract of insurance performed or to be performed in said state, which moneys, refund of rates or premiums or effects have been paid into or deposited in connection with any cause in any court of the state of Missouri or in connection with any cause in any United States court, or so paid into the custody of any depositary, clerk, custodian, or other officer of such court, whether the same be afterwards transferred and deposited in the United States treasury or not, shall be and remain unknown, or the whereabouts of such person or persons shall be and has been unknown, for the period heretofore, or hereafter, of five successive years, or such moneys, refund of rates or premiums or effects remain unclaimed for the period heretofore, or hereafter, of five successive years, from the time such moneys or property are ordered repaid or distributed by such courts, such moneys or property shall be escheatable to the state of Missouri, and may be escheated to the state of Missouri in the manner herein provided, with all interest and earnings actually accrued thereon to the date of the judgment and decree for the escheat of the same; except that all refunds of rates generated by the refund of natural gas or electric rates shall be transferred to the utilicare stabilization fund created pursuant to section 660.136, RSMo, with the exception of lawsuits in which the state of Missouri is a party, if the moneys that result from a refund of rates remains unclaimed after five years from the date when such rates are ordered repaid, with all interest from such refunded rates that is earned from the date such rates are ordered repaid to escheat to the state as otherwise provided in sections 470.270 to 470.350. The provisions of this section notwithstanding, this state may elect to take custody of such unclaimed property by instituting a proceeding pursuant to section 447.575, RSMo."; and

Further amend said bill, Section 660.136, Page 7, Line 17, by inserting after the word "fund." on said line the following: "Except as provided in subsection 3,"; and

Further amend said bill, Section 660.136, Page 8, Line 18, by inserting after all of said line the following:

"3. When the utilicare stabilization fund receives a transfer pursuant to section 470.270, RSMo, the moneys from that transfer shall be held in the fund for one full year after the date of transfer and shall be used to pay for heating or cooling assistance as provided in sections 660.100 to 660.136. Any moneys remaining at the end of that year shall be deposited in the state treasury to the credit of the general revenue fund of the state."; and

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

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

Representative Willoughby offered House Amendment No. 4.

Representative Monaco 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 Graham offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 810, by inserting in the appropriate location the following:

"8.231. 1. For purposes of this section, the following terms shall mean:

(1) "Energy cost savings measure", a training program or facility alteration designed to reduce energy consumption or operating costs, and may include one or more of the following:

(a) Insulation of the building structure or systems within the building;

(b) Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, additional glazing reductions in glass area, or other window and door system modifications that reduce energy consumption;

(c) Automated or computerized energy control system;

(d) Heating, ventilating or air conditioning system modifications or replacements;

(e) Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made;

(f) Indoor air quality improvements to increase air quality that conforms to the applicable state or local building code requirements;

(g) Energy recovery systems;

(h) Cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings;

(i) Any life safety measures related to compliance with the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., that provide long-term operating cost reductions and are in compliance with state and local codes; or

(j) Building operation programs that reduce the operating costs;

(2) "Governmental unit", a state government agency, department, institution, college, university, technical school, legislative body or other establishment or official of the executive, judicial or legislative branches of this state authorized by law to enter into contracts, including all local political subdivisions such as counties, municipalities, public school districts or public service or special purpose districts;

(3) "Guaranteed energy cost savings contract", a contract for the implementation of one or more such measures. The contract shall provide that all payments, except obligations on termination of the contract before its expiration, are to be made over time and the energy cost savings are guaranteed to the extent necessary to make payments for the systems. Guaranteed energy cost savings contracts shall be considered public works contracts to the extent that they provide for capital improvements to existing facilities;

(4) "Operational savings", expenses eliminated and future replacement expenditures avoided as a result of new equipment installed or services performed;

(5) "Qualified provider", a person or business experienced in the design, implementation and installation of energy cost savings measures;

(6) "Request for proposals" or "RFP", a negotiated procurement.

2. No governmental unit shall enter into a guaranteed energy cost savings contract until competitive proposals therefor have been solicited by the means most likely to reach those contractors interested in offering the required services, including but not limited to direct mail solicitation, electronic mail and public announcement on bulletin boards, physical or electronic. The request for proposal shall include the following:

(1) The name and address of the governmental unit;

(2) The name, address, title and phone number of a contact person;

(3) The date, time and place where proposals shall be received;

(4) The evaluation criteria for assessing the proposals; and

(5) Any other stipulations and clarifications the governmental unit may require.

3. The governmental unit shall award a contract to the qualified provider that provides the lowest and best proposal which meets the needs of the unit if it finds that the amount it would spend on the energy cost savings measures recommended in the proposal would not exceed the amount of energy or operational savings, or both, within a ten-year period from the date installation is complete, if the recommendations in the proposal are followed.

The governmental unit shall have the right to reject any and all bids.

4. The guaranteed energy cost savings contract shall include a written guarantee of the qualified provider that either the energy or operational cost savings, or both, will meet or exceed the costs of the energy cost savings measures, adjusted for inflation, within ten years. The qualified provider shall reimburse the governmental unit for any shortfall of guaranteed energy cost savings on an annual basis. The guaranteed energy cost savings contract may provide for payments over a period of time, not to exceed ten years, subject to appropriation of funds therefor.

5. The governmental unit shall include in its annual budget and appropriations measures for each fiscal year any amounts payable under guaranteed energy savings contracts during that fiscal year.

6. A governmental unit may use designated funds for any guaranteed energy cost savings contract including purchases using installment payment contracts or lease purchase agreements, so long as that use is consistent with the purpose of the appropriation.

7. Notwithstanding any provision of this section to the contrary, a not-for-profit corporation incorporated pursuant to chapter 355, RSMo, and operating primarily for educational purposes in cooperation with public or private schools shall be exempt from the provisions of this section."; and

Further amend the title and enacting clause accordingly.

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

Representative Merideth offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 810, by inserting in the appropriate location the following:

"8.235. 1. Notwithstanding subsection 3 of section 8.231 and section 34.040, RSMo, the division of design and construction is hereby authorized to contract for guaranteed energy cost savings contracts by selecting a bid for proposal from a contractor or team of contractors using the following criteria:

(1) The specialized experience and technical competence of the firm or team with respect to the type of services required;

(2) The capacity and capability of the firm or team to perform the work in question, including specialized services, within the time limitations fixed for the completion of the project; and

(3) The past record of performance of the firm or team with respect to such factors as control of costs, quality of work and ability to meet schedules.

2. Each guaranteed energy cost saving contract, authorized pursuant to this section, shall reduce the estimated energy consumption by a minimum of twelve percent or reduce the cost of energy and related savings by a minimum of twelve percent.

3. The guaranteed energy cost saving contract shall otherwise be in accordance with the provisions of section 8.231.

4. The division of design and construction is authorized to use this procurement process for eight projects.

640.651. As used in sections 640.651 to 640.686, the following terms mean:

(1) "Applicant", any school, hospital, small business, local government or other energy-using sector or entity authorized by the department through administrative rule, which submits an application for loans on financial assistance to the department;

(2) "Application cycle", the period of time each year, as determined by the department, that the department shall accept and receive applications seeking loans or financial assistance under the provisions of sections 640.651 to 640.686;

(3) "Authority", the environmental improvement and energy resources authority;

(4) "Borrower", a recipient of loan or other financial assistance program funds subsequent to the execution of loan or financial assistance documents with the department or other applicable parties provided that a building owned by the state or an agency thereof other than a state college or state university, shall not be eligible for loans or financial assistance pursuant to sections 640.651 to 640.686;

(5) "Building", including initial installation in a new building, any applicant-owned and -operated structure, group of closely situated structural units that are centrally metered or served by a central utility plant, or an eligible portion thereof, which includes a heating or cooling system, or both;

(6) "Department", the department of natural resources;

(7) "Energy conservation loan account", an account to be established on the books of a borrower for purposes of tracking information related to the receipt or expenditure of the loan funds or financial assistance, and to be used to receive and remit energy cost savings for purposes of making payments on the loan or financial assistance;

(8) "Energy conservation measure" or "ECM", an installation or modification of an installation in a building or replacement or modification to an energy-consuming process or system which is primarily intended to maintain or reduce energy consumption and reduce energy costs, or allow the use of an alternative or renewable energy source;

(9) "Energy conservation project" or "project", the design, acquisition, installation, and implementation of one or more energy conservation measures;

(10) "Energy cost savings" or "savings", the value, in terms of dollars, that has or is estimated to accrue from energy savings or avoided costs due to implementation of an energy conservation project;

(11) "Estimated simple payback", the estimated cost of a project divided by the estimated energy cost savings;

(12) "Fund", the energy set-aside program fund established in section 640.665;

(13) "Hospital", a facility as defined in subsection 2 of section 197.020, RSMo, including any medical treatment or related facility controlled by a hospital board;

(14) "Hospital board", the board of directors having general control of the property and affairs of the hospital facility;

(15) "Loan agreement", a document agreed to by the borrower's school, hospital or corporate board, principals of a business, the governing body of a local government or other authorized officials and the department or other applicable parties and signed by the authorized official thereof, that details all terms and requirements under which the loan is issued or other financial assistance granted, and describes the terms under which the loan or financial assistance repayment shall be made;

(16) "Payback score", a numeric value derived from the review of an application, calculated as prescribed by the department, which may include an estimated simple payback or life-cycle costing method of economic analysis and used solely for purposes of ranking applications for the selection of loan and financial assistance recipients within the balance of program funds available;

(17) "Project cost", all costs determined by the department to be directly related to the implementation of an energy conservation project, and, for initial installation in a new building, shall include the incremental cost of a high-efficiency system;

(18) ["Repayment period", unless otherwise negotiated as required under section 640.660, the period in years required to repay a loan or financial assistance as determined by the projects' estimated simple payback or life-cycle costing analysis, and rounded to the next year in cases where the estimated simple payback or life-cycle costing analysis is in a fraction of a year;

(19)] "School", an institution operated by a state college or state university, public agency, political subdivision or a public or private nonprofit organization tax exempt under section 501(c)(3) of the Internal Revenue Code which:

(a) Provides, and is legally authorized to provide, elementary education or secondary education, or both, on a day or residential basis;

(b) Provides and is legally authorized to provide a program of education beyond secondary education, on a day or residential basis; admits as students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate; is accredited by a nationally recognized accrediting agency or association; and provides an educational program for which it awards a bachelor's degree or higher degree or provides not less than a two-year program which is acceptable for full credit toward such a degree at any institution which meets the preceding requirements and which provides such a program; or

(c) Provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation; provides and is legally authorized to provide a program of education beyond secondary education, on a day or residential basis; admits as students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate; and is accredited by a nationally recognized accrediting agency or association;

[(20)] (19) "School board", the board of education having general control of the property and affairs of any school as defined in this section;

[(21)] (20)"Technical assistance report", a specialized engineering report that identifies and specifies the quantity of energy savings and related energy cost savings that are likely to result from the implementation of one or more energy conservation measures;

[(22)] (21) "Unobligated balance", that amount in the fund that has not been dedicated to any projects at the end of each state fiscal year.

640.653. 1. An application for loan funds or other financial assistance may be submitted to the department for the purpose of financing all or a portion of the costs incurred in implementing an energy conservation project. The application shall be accompanied by a technical assistance report. The application and the technical assistance report shall be in such form and contain such information, financial or otherwise, as prescribed by the department. This section shall not preclude any applicant or borrower from joining in a cooperative project with any other local government or with any state or federal agency or entity in an energy conservation project; provided that, all other requirements of sections 640.651 to 640.686 are met.

2. Eligible applications shall be assigned a payback score derived from the application review performed by the department. Applications shall be selected for loans and financial assistance beginning with the lowest payback score and continuing in ascending order to the highest payback score until all available program funds have been obligated within any given application cycle. The selection criteria may be applied per sector or entity to assure equity pursuant to section 640.674. In no case shall a loan or financial assistance be made to finance an energy project with a payback score of less than six months or more than [eight years] ten years or eighty percent of the expected useful life of the energy conservation measures when the expected useful life exceeds ten years. Repayment periods are to be determined by the department. Applications may be approved for loans or financial assistance only in those instances where the applicant has furnished the department information satisfactory to assure that the project cost will be recovered through energy cost savings during the repayment period of the loan or financial assistance. In no case shall a loan or financial assistance be made to an applicant unless the approval of the governing board or body of the applicant to the loan agreement is obtained and a written certification of such approval is provided, where applicable.

3. The department shall approve or disapprove all applications for loans or financial assistance which are sent by certified or registered mail or hand delivered and received by the department's division of energy on, or prior to, the ninetieth day following the date of application cycle closing. Any applications which are not acted upon by the department by such date shall be deemed to be approved as submitted.

4. The department of elementary and secondary education shall be provided a summary of all proposed public elementary and secondary school projects for review within fifteen days from the application deadline. Once projects have been reviewed and selected for loans or financial assistance by the department, the department of elementary and secondary education shall have thirty days to certify that those projects selected for loans or financial assistance are consistent with related state programs for public education facilities.

5. The department of health and senior services shall be provided a summary of all proposed hospital projects for review within fifteen days from the application deadline. Once projects have been reviewed and selected for loans or financial assistance by the department of natural resources, the department of health and senior services shall have thirty days to certify that those projects selected for loans or financial assistance are consistent with related health requirements for hospital facilities.

6. The coordinating board for higher education shall be provided a summary of all proposed public higher education facility projects for review within fifteen days from the application deadline. Once projects have been reviewed and selected for loans and financial assistance by the department, the coordinating board for higher education shall have thirty days to certify that those projects selected for loans or financial assistance are consistent with related state programs for education facilities."

On motion of Representative Merideth, House Amendment No. 5 was adopted.

Representative Hilgemann offered House Amendment No. 6.

Representative Monaco raised a point of order that House Amendment No. 6 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

On motion of Representative Ladd Baker, HS HCS SCS SB 810, as amended, was adopted.

On motion of Representative Ladd Baker, HS HCS SCS SB 810, as amended, was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SCS SB 712, relating to state emergency health powers, was taken up by Representative O'Toole.

Representative O'Toole offered HS HCS SCS SB 712.

Representative Johnson (90) offered House Amendment No. 1.

Representative Portwood raised a point of order that House Amendment No. 1 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Britt offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 712, Page 22, Section 542.404, Line 22, by deleting said line after the term "evidence of" through Page 23, Line 10, and inserting in lieu thereof the following:

"a felony which involves the manufacture or distribution of a controlled substance, as the term is defined by section 195.016, or the felony of murder, arson, or kidnapping, or a terrorist threat as defined in section 574.115, or any conspiracy to commit any of the foregoing."; and

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

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

Representative Reid offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 712, Page 3, Section 38.050, Line 4 of said page, by deleting the word ", bioterrorism" and inserting in lieu thereof the following: "and bioterrorism preparedness"; and

Further amend said bill, Page 3, Section 38.050, Line 9 of said page, by deleting the word ", bioterrorism" and inserting in lieu thereof the following: "and bioterrorism protections"; and

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

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

Representative Monaco assumed the Chair.

Representative Scott offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 712, Page 52, Section 610.021, Line 21 of said page, by deleting all of said line and inserting in lieu thereof the following:

"(18) [In preparation for and implementation of electric"; and

Further amend said bill, Page 53, Section 610.021, Lines 12 to 14 of said page, by deleting all of said lines and inserting in lieu thereof the following:

"the state of Missouri fails to implement by December 31, 2001, electric restructuring through the adoption of statutes permitting the same in this state.] A municipal utility receiving a public records request for information about existing or proposed security systems and structural plans of real property owned or leased by the municipal utility, the public disclosure of which would threaten public safety, shall within three business days act upon such public records request, pursuant to section 610.023. Records related to the procurement of or expenditures relating to security systems shall be open except to the extent provided in this section. This exception shall sunset on December 31, 2006."; and

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

Representative Hosmer offered House Substitute Amendment No. 1 for House Amendment No. 3.

House Substitute Amendment No. 1

for

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 712, Page 53, Section 610.021, Line 15 of said page, by deleting the number "2006" on said line and inserting in lieu thereof the number "2005"; and

Further amend said bill, Page 53, Section 610.021, Line 16 of said page by inserting after all of said line the following:

"A municipal utility receiving a public records request for information about existing or proposed security systems and structural plans of real property owned or leased by the municipal utility, the public disclosure of which would threaten public safety, shall within three business days act upon such public records request, pursuant to section 610.023. Records related to the procurement of or expenditures relating to security systems shall be open except to the extent provided in this section. This exception shall sunset on December 31, 2006."; and

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

On motion of Representative Hosmer, House Substitute Amendment No. 1 for House Amendment No. 3 was adopted.

Representative Ransdall offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 712, Page 55, Section 610.021, Line 6 of said page, by inserting immediately after all of said line the following:

"640.100. 1. The safe drinking water commission created in section 640.105 shall promulgate rules necessary for the implementation, administration and enforcement of sections 640.100 to 640.140 and the federal Safe Drinking Water Act as amended.

2. No standard, rule or regulation or any amendment or repeal thereof shall be adopted except after a public hearing to be held by the commission after at least thirty days' prior notice in the manner prescribed by the rulemaking provisions of chapter 536, RSMo, and an opportunity given to the public to be heard; the commission may solicit the views, in writing, of persons who may be affected by, knowledgeable about, or interested in proposed rules and regulations, or standards. Any person heard or registered at the hearing, or making written request for notice, shall be given written notice of the action of the commission with respect to the subject thereof. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated to administer and enforce sections 640.100 to 640.140 shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after June 9, 1998. All rulemaking authority delegated prior to June 9, 1998, is of no force and effect and repealed as of June 9, 1998, however, nothing in this section shall be interpreted to repeal or affect the validity of any rule adopted or promulgated prior to June 9, 1998. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028, RSMo, to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this chapter or chapter 644, RSMo, shall affect the validity of any rule adopted and promulgated prior to June 9, 1998.

3. The commission shall promulgate rules and regulations for the certification of public water system operators, backflow prevention assembly testers and laboratories conducting tests pursuant to sections 640.100 to 640.140. Any person seeking to be a certified backflow prevention assembly tester shall satisfactorily complete standard, nationally recognized written and performance examinations designed to ensure that the person is competent to determine if the assembly is functioning within its design specifications. Any such state certification shall satisfy any need for local certification as a backflow prevention assembly tester. However, political subdivisions may set additional testing standards for individuals who are seeking to be certified as backflow prevention assembly testers. Notwithstanding any other provision of law to the contrary, agencies of the state or its political subdivisions shall only require carbonated beverage dispensers to conform to the backflow protection requirements established in the National Sanitation Foundation standard eighteen, and the dispensers shall be so listed by an independent testing laboratory. The commission shall promulgate rules and regulations for collection of samples and analysis of water furnished by municipalities, corporations, companies, state establishments, federal establishments or individuals to the public. The department of natural resources or the department of health and senior services shall, at the request of any supplier, make any analyses or tests required pursuant to the terms of section 192.320, RSMo, and sections 640.100 to 640.140. The department shall collect fees to cover the reasonable cost of laboratory services, both within the department of natural resources and the department of health and senior services, laboratory certification and program administration as required by sections 640.100 to 640.140. The laboratory services and program administration fees pursuant to this subsection shall not exceed two hundred dollars for a supplier supplying less than four thousand one hundred service connections, three hundred dollars for supplying less than seven thousand six hundred service connections, five hundred dollars for supplying seven thousand six hundred or more service connections, and five hundred dollars for testing surface water. Such fees shall be deposited in the safe drinking water fund as specified in section 640.110. The analysis of all drinking water required by section 192.320, RSMo, and sections 640.100 to 640.140 shall be made by the department of natural resources laboratories, department of health and senior services laboratories or laboratories certified by the department of natural resources.

4. The department of natural resources shall establish and maintain an inventory of public water supplies and conduct sanitary surveys of public water systems. Such records shall be available for public inspection during regular business hours.

5. The department shall provide training and technical assistance to public water systems to protect against threats of tampering, sabotage, and terrorism.

6. For the purposes of this section, "tampering" means to knowingly introduce a contaminant or otherwise interfere with the operation of a public water system for the purpose of causing a substantial interruption or impairment of service. Tampering with a public water system shall be tampering in the first degree pursuant to section 569.080, RSMo. The department may bring a civil action in the appropriate court against any person who tampers, attempts to tamper, or makes a threat to tamper with a public water system.

7. (1) For the purpose of complying with federal requirements for maintaining the primacy of state enforcement of the federal Safe Drinking Water Act, the department is hereby directed to request appropriations from the general revenue fund and all other appropriate sources to fund the activities of the public drinking water program and in addition to the fees authorized pursuant to subsection 3 of this section, an annual fee for each customer service connection with a public water system is hereby authorized to be imposed upon all customers of public water systems in this state. The fees collected shall not exceed the amounts specified in this subsection and the commission may set the fees, by rule, in a lower amount by proportionally reducing all fees charged pursuant to this subsection from the specified maximum amounts. Each customer of a public water system shall pay an annual fee for each customer service connection.

(2) The annual fee per customer service connection for unmetered customers and customers with meters not greater than one inch in size, shall be based upon the number of service connections in the water system serving that customer, and shall not exceed:

1 to 1,000 connections $2.00

1,001 to 4,000 connections 1.84

4,001 to 7,000 connections 1.67

7,001 to 10,000 connections 1.50

10,001 to 20,000 connections 1.34

20,001 to 35,000 connections 1.17

35,001 to 50,000 connections 1.00

50,001 to 100,000 connections .84

More than 100,000 connections .66

(3) The annual user fee for customers having meters greater than one inch but less than or equal to two inches in size shall not exceed five dollars; for customers with meters greater than two inches but less than or equal to four inches in size shall not exceed twenty-five dollars; and for customers with meters greater than four inches in size shall not exceed fifty dollars.

(4) Customers served by multiple connections shall pay an annual user fee based on the above rates for each connection, except that no single facility served by multiple connections shall pay a total of more than five hundred dollars per year.

[6.] 8. Fees imposed pursuant to subsection [5] 7 of this section shall become effective on August 28, 1992, and shall be collected by the public water system serving the customer. The commission shall promulgate rules and regulations on the procedures for billing, collection and delinquent payment. Fees collected by a public water system pursuant to subsection [5] 7 of this section are state fees. The annual fee shall be enumerated separately from all other charges, and shall be collected in monthly, quarterly or annual increments. Such fees shall be transferred to the director of the department of revenue at frequencies not less than quarterly. Two percent of the revenue arising from the fees shall be retained by the public water system for the purpose of reimbursing its expenses for billing and collection of such fees.

[7.] 9. Imposition and collection of the fees authorized in subsection [5] 7 of this section shall be suspended on the first day of a calendar quarter if, during the preceding calendar quarter, the federally delegated authority granted to the safe drinking water program within the department of natural resources to administer the Safe Drinking Water Act, 42 U.S.C. 300g-2, is withdrawn. The fee shall not be reinstated until the first day of the calendar quarter following the quarter during which such delegated authority is reinstated.

[8.] 10. Fees imposed pursuant to subsection [5] 7 of this section shall expire on September 1, [2002] 2007." ; and

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

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

Representative Johnson (90) offered House Amendment No. 5.

Representative Gratz raised a point of order that House Amendment No. 5 goes beyond the scope of the bill.

Representative Monaco requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

Representative Dolan offered House Amendment No. 5.

Representative O'Toole raised a point of order that House Amendment No. 5 goes beyond the scope of the bill.

Representative Monaco requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

Representative Townley offered House Amendment No. 5.

Representative O'Toole raised a point of order that House Amendment No. 5 is not properly drafted to the House Substitute.

Representative Monaco requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

Representative Skaggs offered House Amendment No. 5.

Representative O'Toole raised a point of order that House Amendment No. 5 goes beyond the scope of the bill.

Representative Monaco requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

Representative Ballard offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 712, Page 41, Section 570.030, Line 3, by adding after said line the following: "of explosive grade.".

On motion of Representative Ballard, House Amendment No. 5 was adopted.

Representative Townley offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 712, Section 190.500, Line 6, by removing Lines 6-16 and inserting in the appropriate section:

"(2) Any emergency proclaimed by the governor may be called for no more than ten days unless extended by resolution of the legislature. Any emergency proclaimed by resolution of the legislature, or any extension of an emergency, shall be called for no more than thirty days and such resolution shall be by a two-thirds majority. Any emergency, whether proclaimed by the governor or by the legislature, shall terminate upon the proclamation thereof by the governor, or the passage by the legislature, of a resolution terminating such emergency."; and

Further amend title, enacting clause and intersectional references accordingly.

Representative Townley moved that House Amendment No. 6 be adopted.

Which motion was defeated.

Representative Dolan offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 712, Page 14, Section 407.760 and 407.762, Line 11, by deleting all of said sections.

Representative Dolan moved that House Amendment No. 7 be adopted.

Which motion was defeated.

Representative Willoughby offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 712, Page 55, Section 610.021, Line 6, by inserting immediately after said line the following:

"650.450. 1. A death benefit of one hundred fifty thousand dollars for a public safety officer who dies in the line of duty, shall be paid in a lump sum to the following relative:

(a) To the surviving spouse;

(b) If there is no surviving spouse, to the surviving children to be shared equally;

(c) If there is no surviving spouse and there are no surviving children, to the parent or parents in equal shares.

2. A public safety officer for the purposes of this section is a firefighter, police officer, capitol police officer, parole officer, probation officer, state correctional employee, water safety officer, park ranger, conservation officer or highway patrolman employed by the state or Missouri or a political subdivision thereof or any volunteer firefighter serving a rural, volunteer or subscription fire department or organization.

3. As used in this section, "dies in the line of duty" refers to a death that occurs as a direct result of a personal injury or illness resulting from any action of a public safety officer while actively performing duties as authorized or obligated by law, rule, regulation or condition of employment or service to perform.

4. The office of administration shall administer claims and payments pursuant to this section. Funding for death benefits pursuant to this section shall be paid from general revenue. Should the number of claims filed during any fiscal year exceed the appropriation for benefits pursuant to this section, benefits shall be paid on a pro rata basis."; and

Further amend the title and enacting clause accordingly.

On motion of Representative Willoughby, House Amendment No. 8 was adopted.

Representative Reid offered House Amendment No. 9.

House Amendment No. 9

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 712 by inserting in the appropriate location the following:

"565.032. 1. In all cases of murder in the first degree for which the death penalty is authorized, the judge in a jury-waived trial shall consider, or he shall include in his instructions to the jury for it to consider:

(1) Whether a statutory aggravating circumstance or circumstances enumerated in subsection 2 of this section is established by the evidence beyond a reasonable doubt; and

(2) If a statutory aggravating circumstance or circumstances is proven beyond a reasonable doubt, whether the evidence as a whole justifies a sentence of death or a sentence of life imprisonment without eligibility for probation, parole, or release except by act of the governor. In determining the issues enumerated in subdivisions (1) and (2) of this subsection, the trier shall consider all evidence which it finds to be in aggravation or mitigation of punishment, including evidence received during the first stage of the trial and evidence supporting any of the statutory aggravating or mitigating circumstances set out in subsections 2 and 3 of this section. If the trier is a jury, it shall not be instructed upon any specific evidence which may be in aggravation or mitigation of punishment, but shall be instructed that each juror shall consider any evidence which he considers to be aggravating or mitigating.

2. Statutory aggravating circumstances for a murder in the first degree offense shall be limited to the following:

(1) The offense was committed by a person with a prior record of conviction for murder in the first degree, or the offense was committed by a person who has one or more serious assaultive criminal convictions;

(2) The murder in the first degree offense was committed while the offender was engaged in the commission or attempted commission of another unlawful homicide;

(3) The offender by his act of murder in the first degree knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be hazardous to the lives of more than one person;

(4) The offender committed the offense of murder in the first degree for himself or another, for the purpose of receiving money or any other thing of monetary value from the victim of the murder or another;

(5) The murder in the first degree was committed against a judicial officer, former judicial officer, prosecuting attorney or former prosecuting attorney, circuit attorney or former circuit attorney, assistant prosecuting attorney or former assistant prosecuting attorney, assistant circuit attorney or former assistant circuit attorney, peace officer or former peace officer, elected official or former elected official during or because of the exercise of his official duty;

(6) The offender caused or directed another to commit murder in the first degree or committed murder in the first degree as an agent or employee of another person;

(7) The murder in the first degree was outrageously or wantonly vile, horrible or inhuman in that it involved torture, or depravity of mind;

(8) The murder in the first degree was committed against any peace officer, or fireman while engaged in the performance of his official duty;

(9) The murder in the first degree was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement;

(10) The murder in the first degree was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or custody in a place of lawful confinement, of himself or another;

(11) The murder in the first degree was committed while the defendant was engaged in the perpetration or was aiding or encouraging another person to perpetrate or attempt to perpetrate a felony of any degree of rape, sodomy, burglary, robbery, kidnapping, or any felony offense in chapter 195, RSMo;

(12) The murdered individual was a witness or potential witness in any past or pending investigation or past or pending prosecution, and was killed as a result of his status as a witness or potential witness;

(13) The murdered individual was an employee of an institution or facility of the department of corrections of this state or local correction agency and was killed in the course of performing his official duties, or the murdered individual was an inmate of such institution or facility;

(14) The murdered individual was killed as a result of the hijacking of an airplane, train, ship, bus or other public conveyance;

(15) The murder was committed for the purpose of concealing or attempting to conceal any felony offense defined in chapter 195, RSMo;

(16) The murder was committed for the purpose of causing or attempting to cause a person to refrain from initiating or aiding in the prosecution of a felony offense defined in chapter 195, RSMo;

(17) The murder was committed during the commission of a crime which is part of a pattern of criminal street gang activity as defined in section 578.421;

(18) The murder was committed during an act of terrorism.

3. Statutory mitigating circumstances shall include the following:

(1) The defendant has no significant history of prior criminal activity;

(2) The murder in the first degree was committed while the defendant was under the influence of extreme mental or emotional disturbance;

(3) The victim was a participant in the defendant's conduct or consented to the act;

(4) The defendant was an accomplice in the murder in the first degree committed by another person and his participation was relatively minor;

(5) The defendant acted under extreme duress or under the substantial domination of another person;

(6) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired;

(7) The age of the defendant at the time of the crime."; and

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

Representative Reid moved that House Amendment No. 9 be adopted.

Which motion was defeated.

Representative Bearden offered House Amendment No. 10.

House Amendment No. 10

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 712, by inserting the following in the appropriate location:

"1. As used in this section "institution of higher education" or "institution" shall mean any flight school or any institution of post-secondary education, including a university, college, vocation and technical school and other post-secondary institutions.

2. Any institution of higher education which has any student who is enrolled in or attending such institution on a foreign student visa, shall track the visa status of that student and shall report any change in that student's visa status, within forty-eight hours of becoming aware of it, to the department of immigration and naturalization services.".

On motion of Representative Bearden, House Amendment No. 10 was adopted.

Representative Fraser offered House Amendment No. 11.

Speaker Pro Tem Abel resumed the Chair.

Representative Gambaro raised a point of order that House Amendment No. 11 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Reid offered House Amendment No. 11.

Representative O'Toole raised a point of order that House Amendment No. 11 is dilatory.

The Chair ruled the point of order well taken.

Representative Phillips offered House Amendment No. 11.

House Amendment No. 11

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 712, by inserting in the appropriate location the following:

"44.100. 1. The emergency powers of the governor shall be as follows:

(1) The provisions of this section shall be operative only during the existence of a state of emergency (referred to in this section as "emergency"). The existence of an emergency may be proclaimed by the governor or by resolution of the legislature, if the governor in his proclamation, or the legislature in its resolution, finds that a natural or man-made disaster of major proportions has actually occurred within this state, and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section.

(2) Any emergency, whether proclaimed by the governor or by the legislature, shall terminate upon the proclamation thereof by the governor, or the passage by the legislature, of a resolution terminating such emergency.

(3) During the period that the state of emergency exists or continues, the governor shall:

(a) Enforce and put into operation all plans, rules and regulations relating to disasters and emergency management of resources adopted under this law and to assume direct operational control of all emergency forces and volunteers in the state;

(b) Take action and give directions to state and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this law and with the orders, rules and regulations made pursuant thereof;

(c) Seize, take or requisition to the extent necessary to bring about the most effective protection of the public:

a. Any means of transportation, other than railroads and railroad equipment and fuel, and all fuel necessary for the propulsion thereof;

b. Any communication system or part thereof necessary to the prompt and efficient functioning of the emergency management of the state;

c. All stocks of fuel;

d. Facilities for housing, feeding and hospitalization of persons, including buildings and plants;

(d) Control, restrict and regulate by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means the use, sale or distribution of food, feed, fuel, clothing and other commodities, materials, goods or services;

(e) Prescribe and direct activities in connection with but not limited to use, conservation, salvage and prevention of waste of materials, services and facilities, including production, transportation, power and communication facilities, training and supply of labor, utilization of industrial plants, health and medical care, nutrition, housing, including the use of existing and private facilities, rehabilitation, education, welfare, child care, recreation, consumer protection and other essential civil needs;

(f) To use or distribute all or any of this property among the inhabitants of the state in any area adversely affected by a natural or man-made disaster and to account to the state treasurer for any funds received thereof;

(g) To waive or suspend the operation of any statutory requirement or administrative rule regarding the licensing, certification or issuance of permits evidencing professional, mechanical or other skills;

(h) In accordance with rules or regulations, to provide that all law enforcement authorities and other emergency response workers and agencies of other states who may be within this state at the request of the governor or pursuant to state or local mutual-aid agreements or compacts shall have the same authority and possess the same powers, duties, rights, privileges and immunities as are possessed by like law enforcement authorities and emergency response workers and agencies of this state;

(i) To perform and exercise such other functions, powers and duties as may be necessary to promote and secure the safety and protection of the civilian population.

2. When any property is seized, taken or requisitioned under this section, the circuit court of the county in which the property was taken may on the application of the owner thereof or on the application of the governor in cases where numerous claims may be filed, appoint three disinterested commissioners in the manner provided by section 523.040, RSMo, to assess the damages which the owners may have sustained by reason of the appropriation thereof. Upon the application the amount due because of the seizure of property shall be determined in the manner provided in chapter 523, RSMo, for the determination of damages in case of the exercise of the power of eminent domain.

3. Any emergency shall be limited to the least restrictive geographic area and the provisions of this section shall be enforced in any emergency in the least intrusive, disruptive, or restrictive manner to the economic and social activities of the citizens of this state."; and

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

Representative Phillips moved that House Amendment No. 11 be adopted.

Which motion was defeated by the following vote:

On motion of Representative O'Toole, HS HCS SCS SB 712, as amended, was adopted.

On motion of Representative O'Toole, HS HCS SCS SB 712, as amended, was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

The emergency clause was defeated by the following vote: