Journal of the Senate
SECOND REGULAR SESSION
The Senate met pursuant to adjournment.
President Pro Tem Mathewson in the Chair.
The Chaplain offered the following prayer:
Heavenly Father, James wrote, "Every good and every perfect gift is from above." We are thankful for gifts. We sometimes feel guilty when we have so much and there are so many who have little. We pray that You will help us to use what we have to lighten the burden of someone else. Prevent us from seeking things for ourselves. In Jesus Name we pray. Amen. The Pledge of Allegiance to the Flag was recited.
A quorum being established, the Senate proceeded with its business.
The Journal of the previous day was read and approved.
The following Senators were present during the day's proceedings:
| Present--Senators | |||
| Banks | Bentley | Caskey | Clay |
| Curls | DePasco | Ehlmann | Flotron |
| Goode | Graves | House | Howard |
| Johnson | Kenney | Kinder | Klarich |
| Lybyer | Mathewson | Maxwell | McKenna |
| Melton | Moseley | Mueller | Quick |
| Rohrbach | Russell | Schneider | Scott |
| Sims | Singleton | Staples | Treppler |
| Westfall | Wiggins--34 | ||
| Absent with leave--Senators--None | |||
| The Lieutenant Governor was present. | |||
Senator Caskey offered Senate Resolution No. 1414, regarding Sheriff Jack Reynolds, Henry County, which was adopted.
Senator Westfall offered Senate Resolution No. 1415, regarding the Fortieth Wedding Anniversary of Mr. and Mrs. Ralph Melton, Dadeville, which was adopted.
Senator Westfall offered Senate Resolution No. 1416, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. James I. Snow, which was adopted.
Senator Caskey requested unanimous consent of the Senate for the conference committee on SCS for HS for HCS for HBs 1301 and 1298, as amended, to meet while the Senate is in session, which request was granted.
The following messages were received from the House of Representatives through its Chief Clerk:
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for SB 888, entitled:
An Act to repeal sections 144.020 and 144.025, RSMo 1994, and sections 144.011 and 144.030, RSMo Supp. 1995, relating to sales and use taxes, and to enact in lieu thereof six new sections relating to the same subject, with an effective date.
With House Amendments Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, House Substitute Amendment No. 1 for House Amendment No. 17, House Amendments Nos. 18, 19, 21, 22, 23, 24 and 26.
HOUSE AMENDMENT NO. 1
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Pages 23, 24 and 25, Sections 1 and 2, by deleting all of said sections.
HOUSE AMENDMENT NO. 2
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 14, Section 144.030, Line 11, by inserting after the word "plant" the following: "but shall not include motor vehicles used on highways. For the purposes of this section, the terms "motor vehicle" and "highway" shall have the same meaning ascribed to them in section 301.010, RSMo.".
HOUSE AMENDMENT NO. 3
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 9, Section 144.025, Line 15, by inserting immediately before the word "allowance" on said line the word "actual".
HOUSE AMENDMENT NO. 4
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, by adding to the end of said substitute the following:
"144.070. 1. At the time the owner of any new or used motor vehicle, trailer, boat, or outboard motor which was acquired in a transaction subject to sales tax under the Missouri sales tax law makes application to the director of revenue for an official certificate of title and the registration of the automobile, trailer, boat, or outboard motor as otherwise provided by law, [he] such owner shall present to the director of revenue evidence satisfactory to the director of revenue showing the purchase price exclusive of any charge incident to the extension of credit paid by or charged to the applicant in the acquisition of the motor vehicle, trailer, boat, or outboard motor, or that no sales tax was incurred in its acquisition, and if sales tax was incurred in its acquisition, the applicant shall pay or cause to be paid to the director of revenue the sales tax provided by the Missouri sales tax law in addition to the registration fees now or hereafter required according to law, and the director of revenue shall not issue a certificate of title for any new or used motor vehicle, trailer, boat, or outboard motor subject to sales tax as provided in the Missouri sales tax law until the tax levied for the sale of the same under sections 144.010 to 144.510 has been paid as herein provided or is registered under the provisions of subsection 5 of this section.
2. As used above, the term "purchase price" shall mean the total amount of the contract price agreed upon between the seller and the applicant in the acquisition of the motor vehicle, trailer, boat, or outboard motor, regardless of the medium of payment therefor.
3. In the event that the purchase price is unknown or undisclosed, or that the evidence thereof is not satisfactory to the director of revenue, the same shall be fixed by appraisement by the director.
4. The director of the department of revenue shall endorse upon the official certificate of title issued by [him] the director upon such application an entry showing that such sales tax has been paid or that the vehicle, trailer, boat, or outboard motor represented by such certificate is exempt from sales tax and state the ground for such exemption.
5. Any person, company, or corporation engaged in the business of renting or leasing motor vehicles, trailers, boats, or outboard motors, which are to be used exclusively for rental or lease purposes, and not for resale, may apply to the director of revenue for authority to operate as a leasing company. Any company approved by the director of revenue may pay the tax due on any motor vehicle, trailer, boat, or outboard motor as required in section 144.020 at the time of registration thereof or in lieu thereof may pay a sales tax as provided in sections 144.010, 144.020, 144.070 and 144.440. A sales tax shall be charged to and paid by a leasing company which does not exercise the option of paying in accordance with section 144.020, on the amount charged for each rental or lease agreement while the motor vehicle, trailer, boat, or outboard motor is domiciled in this state. Any motor vehicle, boat, or outboard motor which is leased as the result of a contract executed in this state shall be presumed to be domiciled in this state.
6. Any corporation may have one or more of its divisions separately apply to the director of revenue for authorization to operate as a leasing company, provided that the corporation:
(1) Has filed a written consent with the director authorizing any of its divisions to apply for such authority;
(2) Is authorized to do business in Missouri;
(3) [Has agreed to treat any sale of a motor vehicle, trailer, boat, or outboard motor from one of its divisions to another of its divisions as a sale at retail within the meaning of subdivision (9) of subsection 1 of section 144.010;
(4)] Has registered under the fictitious name provisions of sections 417.200 to 417.230, RSMo, each of its divisions doing business in Missouri as a leasing company; and
[(5)] (4) Operates each of its divisions on a basis separate from each of its other divisions.
7. If the owner of any motor vehicle, trailer, boat, or outboard motor desires to charge and collect sales tax as provided hereinabove, [he] such owner shall make application to the director of revenue for a permit to operate as a motor vehicle, trailer, boat, or outboard motor leasing company. The director of revenue shall promulgate rules and regulations determining the qualifications of such a company, and the method of collection and reporting of sales tax charged and collected. Such regulations shall apply only to owners of motor vehicles, trailers, boats, or outboard motors, electing to qualify as motor vehicle, trailer, boat, or outboard motor leasing companies under the provisions of subsection 5 of this section, and no motor vehicle renting or leasing, trailer renting or leasing, or boat or outboard motor renting or leasing company can come under sections 144.010, 144.020, 144.070 and 144.440 unless all vehicles, trailers, boats, and outboard motors held for renting and leasing are included."; and
Further amend the title and enacting clause accordingly.
HOUSE AMENDMENT NO. 5
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 1, In the Title, Line 2, by inserting after the word "sections" the following: "94.705, 94.745,"; and
Further amend said bill, Page 1, In the Title, Line 5, by deleting the word "six" and inserting in lieu thereof the following: "eight"; and
Further amend said bill, Page 1, Section A, Line 1, by inserting after the word "Sections" the following: "94.705, 94.745,"; and
Further amend said bill, Page 1, Section A, Line 3, by deleting the word "six" and inserting in lieu thereof the following: "eight"; and
Further amend said bill, Page 1, Section A, Line 3, by inserting after the word "sections" the following: "94.705, 94.745,"; and
Further amend said bill, Page 1, Section A, Line 4, by inserting after all of said line the following:
"94.705. 1. Any city may by a majority vote of its governing body impose a sales tax for transportation purposes enumerated in sections 94.700 to 94.755, [but no such] and issue bonds for transportation purposes which shall be retired by the revenues received from the sales tax authorized by this section. The tax authorized by this section shall be in addition to any and all other sales taxes allowed by law. No ordinance imposing a sales tax pursuant to the provisions of this section shall become effective unless the council or other governing body submits to the voters of the city, at a city or state general, primary, or special election, a proposal to authorize the council or other governing body of the city to impose such a sales tax and, if such tax is to be used to retire bonds authorized pursuant to this section, to authorize such bonds and their retirement by such tax; except that no vote shall be required in any city that imposed and collected such tax under sections 94.600 to 94.655, before January 5, 1984. The ballot of the submission shall contain, but is not limited to, the following language:
(1) If the proposal submitted involves only authorization to impose the tax authorized by this section, the following language:
Shall the city of ............... (city's name) impose a sales tax of .................. (insert amount) for transportation purposes?
[ ] Yes [ ] No
If you are in favor of the question, place an "X" in the box opposite "Yes". If you are opposed to the question, place an "X" in the box opposite "No"[.];
(2) If the proposal submitted involves authorization to issue bonds and repay such bonds with revenues from the tax authorized by this section, the following language:
Shall the city of ............... (city's name) issue bonds in the amount of ........... (insert amount) for transportation purposes and impose a sales tax of .............. (insert amount) to repay such bonds?
[ ] YES [ ] NO
If you are in favor of the question place an "X" in the box opposite "Yes". If you are opposed to the question, place an "X" in the box opposite "No".
If a majority of the votes cast on the proposal, provided in subdivision (1) of this subsection, by the qualified voters voting thereon are in favor of the proposal, then the ordinance and any amendments thereto shall be in effect. If the four-sevenths majority of the votes, as required by the Missouri Constitution, article VI, section 26, cast on the proposal, provided in subdivision (2) of this subsection to issue bonds and impose a sales tax to retire such bonds, by the qualified voters voting thereon are in favor of the proposal, then the ordinance and any amendments thereto shall be in effect. If a majority of the votes cast on the proposal, as provided in subdivision (1) of this subsection, by the qualified voters voting are opposed to the proposal, then the council or other governing body of the city shall have no power to impose the tax [herein] authorized in subdivision (1) of this subsection unless and until the council or other governing body of the city submits another proposal to authorize the council or other governing body of the city to impose the tax and such proposal is approved by a majority of the qualified voters voting thereon. If more than three-sevenths of the votes cast by the qualified voters voting are opposed to the proposal, as provided in subdivision (2) of this subsection to issue bonds and impose a sales tax to retire such bonds, then the council or other governing body of the city shall have no power to issue any bonds or to impose the tax authorized in subdivision (2) of this subsection unless and until the council or other governing body of the city submits another proposal to authorize the council or other governing body of the city to issue such bonds or impose the tax to retire such bonds and such proposal is approved by four-sevenths of the qualified voters voting thereon.
2. No incorporated municipality located wholly or partially within any first class county operating under a charter form of government and having a population of over nine hundred thousand inhabitants shall impose such a sales tax for that part of the city, town or village that is located within such first class county, in the event such a first class county imposes a sales tax under the provisions of sections 94.600 to 94.655.
3. The sales tax may be imposed at a rate not to exceed one-half of one percent on the receipts from the sale at retail of all tangible personal property or taxable services at retail within any city adopting such tax, if such property and services are subject to taxation by the state of Missouri under the provisions of sections 144.010 to 144.525, RSMo.
4. If the boundaries of a city in which such sales tax has been imposed shall thereafter be changed or altered, the city clerk shall forward to the director of revenue by United States registered mail or certified mail a certified copy of the ordinance adding or detaching territory from the city. The ordinance shall reflect the effective date thereof, and shall be accompanied by a map of the city clearly showing the territory added thereto or detached therefrom. Upon receipt of the ordinance and map, the tax imposed by sections 94.700 to 94.755 shall be effective in the added territory or abolished in the detached territory on the effective date of the change of the city boundary.
5. No tax imposed pursuant to this section for the purpose of retiring bonds issued pursuant to this section may be terminated until all of such bonds have been retired.
94.745. 1. All moneys received by a city imposing a sales tax under the provisions of sections 94.700 to 94.755 shall be deposited by the city treasurer, or other city officer authorized by ordinance, in a special fund to be known as the "City Transportation Trust Fund". All moneys in such transportation trust fund shall be appropriated and disbursed only for transportation purposes as enumerated in sections 94.700 to 94.755. The provisions of this subsection shall apply only to taxes authorized by sections 94.700 to 94.755 which have not been imposed to retire bonds issued pursuant to sections 94.700 to 94.755.
2. All moneys received by a city which issues bonds pursuant to the provisions of section 94.705 and imposes the tax authorized by such section to retire such bonds shall be deposited in a special trust fund and shall be used solely to retire such bonds, except to the extent that such funds are required for the operation and maintenance of the capital improvements made with the proceeds of the bonds. Once all of such bonds have been retired, all funds remaining in the special trust fund required by this subsection shall be used solely for transportation purposes. Any funds in the special trust fund required by this subsection which are not needed to meet current obligations under the bonds issued pursuant to section 94.705 may be invested by the governing body in accordance with applicable laws relating to the investment of other municipal funds. The provisions of this subsection shall apply only to taxes authorized by section 94.705 which have been imposed to retire bonds issued pursuant to such section.
[2.] 3. Any portion or all of the funds on deposit in a transportation trust fund may be appropriated and paid by a city directly to an interstate transportation authority, a city transit authority or a city utilities board for its general purposes in providing a public mass transportation system within an interstate transportation district or a municipality; provided that, before such funds may be appropriated and paid to any such interstate transportation authority, city transit authority or city utilities board with a service area population in excess of two million persons, such authority or board shall develop, for mutual agreement, a program of transit service to be provided to the city. Such program shall define the service to be provided, the fare structure to be in effect, the estimated cost of the total transit service program of the authority or board, and the estimated cost of the city's portion of the program. Such agreement shall be renewed prior to the beginning of each fiscal year and, when such agreement is reached, the city shall appropriate to the authority or board funds as are designated in the agreement for the period of the agreement. A city may designate by contract with an interstate transportation authority, a city transit authority or a city utilities board that a designated portion of such funds shall be used by the interstate transportation authority, the city transit authority or the city utilities board to provide specific service or frequency of service to underwrite a certain fare structure, or for any other purposes consistent with providing a sound public mass transportation system.
[3.] 4. Any provisions of sections 94.700 to 94.755 to the contrary notwithstanding, at least seven percent of the proceeds of any sales tax imposed under sections 94.700 to 94.755 that are appropriated and paid by a city to an interstate transportation authority, a city transit authority or a city utilities board shall be expended only for the purchase of new public mass transportation equipment, for the construction of public mass transportation facilities, or for any other capital expenditures or improvements to the property of the interstate transportation authority, city transit authority or city utilities board used in providing public mass transportation service, or to pay the interest or principal payments, or to satisfy sinking fund requirements on any negotiable notes or bonds or other instruments in writing issued for any of the above purposes.
[4.] 5. Any provisions of sections 94.700 to 94.755 to the contrary notwithstanding, at least seven percent of the proceeds of any sales tax imposed under sections 94.700 to 94.755 that are appropriated and expended by a city for its general purposes in providing a public mass transportation system directly owned and operated by it shall be expended only for the purpose of new public mass transportation equipment, for the construction of public mass transportation facilities, or for any other capital expenditures or improvements to its properties used in providing public mass transportation service, or to pay the interest or principal payments, or to satisfy the sinking fund requirements on any negotiable notes or bonds or other instruments in writing issued for any of the above purposes.
[5.] 6. No funds may be appropriated and paid to any such transportation authority, transit authority or utilities board, unless and until such authority or board shall file or shall have filed with the city paying such funds, and the secretary of state of the state of Missouri, annually and within six months after the close of such authority or board's fiscal year, an independently audited report and accounting as to such authority or board's management and administration of any and all funds received and expended by such authority or board.
[6.] 7. Transportation authorities operating a public mass transportation system under sections 94.700 to 94.755 shall provide for interior and exterior advertising on each vehicle for mass transportation purposes.".
HOUSE AMENDMENT NO. 6
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 10, Section 144.025, Line 8, by striking out the words "ninety days" and inserting in lieu thereof the words "one year"; and
Further amend said bill, page 10, section 144.025, line 14, by striking out the words "ninety days" and inserting in lieu thereof the words "one year"; and
Further amend said bill, page 10, section 144.025, line 18, by striking out the word "ninety-day" and inserting in lieu thereof the words "one year".
HOUSE AMENDMENT NO. 7
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 23, Section 144.030, Line 19, by inserting after the word "competition" the following:
";
(32) All membership fees or annual dues paid to any not-for-profit athletic association".
HOUSE AMENDMENT NO. 8
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 1, In the Title, Lines 2 through 3, by deleting all of said lines and inserting in lieu thereof the following: "To repeal section 144.025, RSMo 1994, and sections 135.352, 144.010, 144.011 and 144.030, RSMo Supp. 1995, relating to taxes, and to enact in lieu thereof eight new sections"; and
Further amend said bill, Page 1, Section A, Line 1, by inserting after the word "sections" the following: "135.352,"; and
Further amend said bill, Page 1, Section A, Line 2, by deleting the word "seven" and inserting in lieu thereof the following: "eight"; and
Further amend said bill, Page 1, Section A, Line 3, by deleting all of said line and inserting in lieu thereof the following: "sections 135.352, 144.010, 144.011, 144.025, 144.030, 1, 2 and 3, to read as follows:
135.352. 1. A taxpayer owning an interest in a qualified Missouri project shall be allowed a state tax credit, whether or not allowed a federal tax credit, to be termed the Missouri low-income housing tax credit, if the commission issues an eligibility statement for that project.
2. The Missouri low-income housing tax credit available to a project shall be calculated by multiplying an amount equal to the federal low-income housing tax credit for a qualified Missouri project, for a federal tax period, by twenty percent and such amount shall be subtracted from the amount of state tax otherwise due for the same tax period.
3. The Missouri low-income housing tax credit shall be taken against the taxes and in the order specified under section 32.115, RSMo. The credit authorized by this section shall not be refundable. Any amount of credit that exceeds the tax due for a taxable year may be carried back to any of the three prior taxable years or carried forward to any of the five subsequent taxable years.
4. Notwithstanding the provisions of subsection 2 of this section, for qualified Missouri projects that are located in counties identified by the state of Missouri as eligible for disaster relief as a result of the flood of 1993, or in counties immediately adjoining such counties, and for which federal low-income housing tax credits are allocated in the year of 1994, 1995 [or], 1996, 1997, 1998, 1999 or 2000, or for such longer period as is required to implement the Missouri comprehensive housing affordability strategy developed pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act for such counties, the Missouri low-income housing tax credit available to such project shall be calculated by multiplying an amount equal to the federal low-income housing tax credit for a qualified Missouri project, for a federal tax period, by forty percent.
5. All or any portion of Missouri tax credits issued in accordance with the provisions of sections 135.350 to 135.362 may be allocated to parties who are eligible under the provisions of subsection 1 of this section. Beginning January 1, 1995, for qualified projects which began on or after January 1, 1994, an owner of a qualified Missouri project shall certify to the director the amount of credit allocated to each taxpayer. The owner of the project shall provide to the director appropriate information so that the low-income housing tax credit can be properly allocated.
6. In the event that recapture of Missouri low-income housing tax credits is required pursuant to subsection 2 of section 135.355, any statement submitted to the director as provided in this section shall include the proportion of the state credit required to be recaptured, the identity of each taxpayer subject to the recapture and the amount of credit previously allocated to such taxpayer.
7. The director of the department may promulgate rules and regulations necessary to administer the provisions of this section. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.".
HOUSE AMENDMENT NO. 9
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 10, Section 144.030, Line 123, by inserting after the word "crops," the words "all sales of oil and grease used solely for agricultural purposes".
HOUSE AMENDMENT NO. 10
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, page 25, section 144.030, line 19, by inserting after said line the following:
"144.062. 1. With respect to exempt sales at retail of tangible personal property and materials for the purpose of constructing, repairing or remodeling facilities for: (1) a county, other political subdivision or instrumentality thereof exempt from taxation under subdivision (10) of section 39 of article III of the Constitution of Missouri; or (2) an organization sales to which are exempt from taxation under the provisions of subdivision (19) of subsection 2 of section 144.030; or (3) any institution of higher education supported by public funds or any private not for profit institution of higher education, exempt from taxation under subdivision (20) of subsection 2 of section 144.030; or (4) any private not for profit elementary or secondary school exempt from taxation under subdivision (22) of subsection 2 of section 144.030, hereinafter collectively referred to as exempt entities, such exemptions shall be allowed for such purchases if the purchases are related to the entities' exempt functions and activities. In addition, the sales shall not be rendered nonexempt nor shall any material supplier or contractor, architect or engineer be obligated to pay, collect or remit sales tax with respect to such purchases made by or on behalf of an exempt entity due to such purchases being billed to or paid for by a contractor, architect or engineer or the exempt entity contracting with any entity to render any services in relation to such purchases, including but not limited to selection of materials, ordering, pickup, delivery, approval on delivery, taking of delivery, transportation, storage, assumption of risk of loss to materials or providing warranties on materials as specified by contract, use of materials or other purchases for construction of the building or other facility, providing labor, management services, administrative services, design or technical services or advice to the exempt entity, whether or not the contractor, architect or engineer or other entity exercises dominion or control in any other manner over the materials in conjunction with services or labor provided to the exempt entity.
2. When any exempt entity contracts for the purpose of constructing, repairing or remodeling facilities, and purchases of tangible personal property and materials to be incorporated into or consumed in the construction of the project are to be made on a tax-exempt basis, such entity shall furnish to the contractor, architect or engineer an exemption certificate authorizing such purchases for the construction, repair or remodeling project. The form and content of such project exemption certificate shall be approved by the director of revenue. The project exemption certificate shall include but not be limited to:
(1) The exempt entity's name, address, Missouri tax identification number and signature of authorized representative;
(2) The project location, description, and unique identification number;
(3) The date the contract is entered into, which is the earliest date materials may be purchased for the project on a tax-exempt basis;
(4) The estimated project completion date; and
(5) The certificate expiration date.
Such certificate is renewable for a given project at the option of the exempt entity, only for the purpose of revising the certificate expiration date as necessary to complete the project.
3. The contractor, architect or engineer shall furnish the certificate prescribed in subsection 2 of this section to all subcontractors, and any contractor, architect or engineer purchasing materials shall present such certificate to all material suppliers as authorization to purchase, on behalf of the exempt entity, all tangible personal property and materials to be incorporated into or consumed in the construction of that project and no other on a tax-exempt basis. Such suppliers shall execute to the purchasing contractor, architect or engineer invoices bearing the name of the exempt entity and the project identification number. Nothing in this section shall be deemed to exempt the purchase of any construction machinery, equipment or tools used in constructing, repairing or remodeling facilities for the exempt entity. All invoices for all personal property and materials purchased under a project exemption certificate shall be retained by the purchasing contractor, architect or engineer for a period of five years and shall be subject to audit by the director of revenue.
4. Any excess resalable tangible personal property or materials which were purchased for the project by a contractor, architect or engineer under a project exemption certificate but which were not incorporated into or consumed in the construction of the project shall either be returned to the supplier for credit or the appropriate sales or use tax on such excess property or materials shall be reported on a return and paid by such contractor, architect or engineer not later than the due date of the contractor's, architect's or engineer's Missouri sales or use tax return following the month in which it was determined that the materials were not to be used in the project.
5. No contractor, architect or engineer or material supplier shall, upon audit, be required to pay tax on tangible personal property and materials incorporated into or consumed in the construction of the project, due to the failure of the exempt entity to revise the certificate expiration date as necessary to complete any work required by the contract. If it is determined that tax is owed on such property and materials due to the failure of the exempt entity to revise such certificate expiration date, the exempt entity shall be liable for the tax owed.
429.015. 1. Every registered architect or corporation registered to practice architecture, every registered professional engineer or corporation registered to practice professional engineering, every registered landscape architect or corporation registered to practice landscape architecture, every nurseryman, and every registered land surveyor or corporation registered to practice land surveying, who does any landscape architectural, architectural, engineering or land surveying work upon or performs any landscape architectural, architectural, engineering or land surveying service directly connected with the erection or repair of any building or other improvement upon land under or by virtue of any contract with the owner or proprietor thereof, or [his] such owner's or proprietor's agent, trustee, contractor or subcontractor, or without a contract if ordered by a city, town, village or county having a charter form of government to abate the conditions that caused a structure on that property to be deemed a dangerous building under local ordinances pursuant to section 67.410, RSMo, upon complying with the provisions of this chapter, shall have for [his] such person's landscape architectural, architectural, engineering or land surveying work or service so done or performed, a lien upon the building or other improvements and upon the land belonging to the owner or proprietor on which the building or improvements are situated, to the extent of one acre. If the building or other improvement is upon any lot of land in any town, city or village, then the lien shall be upon such building or other improvements, and the lot or land upon which the building or other improvements are situated, to secure the payment for the landscape architectural, architectural, engineering or land surveying work or service so done or performed. For purposes of this section, a corporation engaged in the practice of architecture, engineering, landscape architecture, or land surveying, shall be deemed to be registered if the corporation itself is registered under the laws of this state to practice architecture, engineering or land surveying[, or if any officer thereof, who owns more than fifty percent of the capital common stock of such corporation, is registered under the laws of this state as an architect, engineer, landscape architect, or land surveyor, and such registration of the corporation shall be effective as of the original date of registration of such principal stockholder].
2. Every mechanic or other person who shall do or perform any work or labor upon or furnish any material or machinery for the digging of a well to obtain water under or by virtue of any contract with the owner or proprietor thereof, or [his] such owner's or proprietor's agent, trustee, contractor or subcontractor, upon complying with the provisions of sections 429.010 to 429.340 shall have for [his] such person's work or labor done, or materials or machinery furnished, a lien upon the land belonging to such owner or proprietor on which the same are situated, to the extent of one acre, to secure the payment of such work or labor done, or materials or machinery furnished as aforesaid.
3. Every mechanic or other person who shall do or perform any work or labor upon, or furnish any material, fixtures, engine, boiler or machinery, for the purpose of demolishing or razing a building or structure under or by virtue of any contract with the owner or proprietor thereof, or [his] such owner's or proprietor's agent, trustee, contractor or subcontractor, or without a contract if ordered by a city, town, village or county having a charter form of government to abate the conditions that caused a structure on that property to be deemed a dangerous building under local ordinances pursuant to section 67.410, RSMo, upon complying with the provisions of sections 429.010 to 429.340, shall have for [his] such person's work or labor done, or materials, fixtures, engine, boiler or machinery furnished, a lien upon the land belonging to such owner or proprietor on which the same are situated, to the extent of one acre. If the building or buildings to be demolished or razed are upon any lot of land in any town, city or village, then the lien shall be upon the lot or lots or land upon which the building or other improvements are situated, to secure the payment for the labor and materials performed.
4. The provisions of sections 429.030 to 429.060 and sections 429.080 to 429.430 applicable to liens of mechanics and other persons shall apply to and govern the procedure with respect to the liens provided for in subsections 1, 2 and 3 of this section.
5. Any design professional or corporation authorized to have lien rights under subsection 1 of this section shall have a lien upon the building or other improvement and upon the land, whether or not actual construction of the planned work or improvement has commenced if:
(1) The owner or proprietor thereof, or such owner's or proprietor's agent or trustee contracted for such professional services directly with the design professional or corporation asserting the lien;
(2) The owner or proprietor is the owner or proprietor of such real property either at the time the contract is made or at the time the lien is filed; and
(3) The design professional or corporation files with the recorder of deeds in the county where the property is located a notice of intent to lien listing the name and address of the claimant, the name and address of the person with whom the claimant contracted, the amount owed, the address or legal description, if known, of the property, and the last date of services performed by the claimant or the claimant's subconsultants. Such notice shall be filed within three months from the date of the claimant's last work on the property. The recorder of deeds may charge a fee of one dollar for each notice filed and recorded pursuant to this subdivision. The notice described in this subdivision shall not be required if actual construction of improvements begins within three months from the date the claimant completed the claimant's work on the property.
6. If such property is purchased by a bona fide purchaser before a notice of intent to lien is recorded, the purchaser may take the property free of any such lien unless construction commences within six months of the design professional's last work related to improvement of the property.
7. Priority between such lien claimant and any other mechanic's lien claimant shall be determined pursuant to the provisions of section 429.260 on a pro rata basis."; and
Further amend said bill by amending the title and enacting clause accordingly.
HOUSE AMENDMENT NO. 11
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 10, Section 144.025, Line 21, by inserting after said line the following:
"As used in this section, the term "motor vehicle" includes motor vehicles as defined in section 301.010, RSMo, recreational vehicles as defined in section 700.010, RSMo, or a combination of a truck as defined in section 301.010, RSMo, and a trailer as defined in section 301.010, RSMo."; and
Further amend said bill by renumbering the remainder of section 144.025.
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 19, Section 144.030, Line 14, by inserting after the word "tractors" the following ", post hole diggers,".
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 12, Section 144.030, Line 9, by deleting the words "to be sold"; and
Further amend said bill, line 13, by deleting the words "ultimately in processed form or otherwise at retail".
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 13, Section 144.030, Line 19, by placing an open bracket "[" before the word "replaced"; and
Further amend said bill, Page 13, Section 144.030, Line 20 by placing a closing bracket "]" before the word "purchased".
HOUSE AMENDMENT NO. 16
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 25, Section 2, Line 6, by inserting after said line the following:
"476.405. 1. Within the limits of any appropriation made for this purpose, the salary fixed by sections 211.381, 211.393, 477.130, 478.013, 478.018, 483.083, 483.163, and 485.060, RSMo, may be adjusted in any one year by a salary adjustment. The salary adjustment shall not exceed the salary adjustment for the executive department contained in the pay plan applicable to other state employees at a similar salary level for that fiscal year. If no salary adjustment or a lower salary adjustment is granted pursuant to this section than is granted the executive department in any year, then the salary adjustment granted pursuant to this section in the next fiscal year may exceed the salary adjustment of the executive department by the amount of the difference in the prior year.
2. The amount of a salary adjustment to be approved pursuant to this section shall be stated in a separate line item of the appropriation bill. A salary adjustment approved pursuant to this section shall be added to the statutory salary and the sum of these amounts shall be the statutory salary of the office for all purposes. This statutory salary shall be included in the appropriation bill in the same manner as any other personal service appropriation involving a statutory salary.
3. The office of administration shall maintain a compensation schedule for each fiscal year indicating the highest statutory salary paid for each office specified in sections 211.381, 211.393, 477.130, 478.013, 478.018, 483.083, 483.163, and 485.060, RSMo, and the salary adjustment contained in the pay plan applicable to other state employees generally. The schedule shall be open for public inspection and shall be annually included in the Missouri Register and an appendix to the Revised Statutes of Missouri. For each office for which a salary adjustment is approved pursuant to this section, the revisor of statutes shall place a revisor's note following each section providing compensation for the office referencing the reader to the compensation index.
483.163. 1. Each circuit clerk, except the circuit clerk in any city not within a county, shall cooperate with the prosecuting attorney and division of child support enforcement in the investigation and documentation of possible criminal nonsupport under section 568.040, RSMo, which involves any case or cases for which the clerk is trustee.
2. Other provisions of law to the contrary notwithstanding, for the performance of duties prescribed in subsection 1 of this section, each circuit clerk, except the circuit clerk in any city not within a county, in addition to any other compensation provided by law, shall receive five thousand dollars per year beginning January 1, 1997. Such compensation shall be payable in equal installments in the same manner and at the same time as other compensation is paid to the circuit clerk.
3. For every year beginning July 1, 1998, the amount of compensation established in subsection 2 of this section shall be adjusted by any salary adjustment authorized under section 476.405, RSMo.
4. If monies are not sufficient to pay the increased compensation as provided in this section, revenues from applicable local sales taxes may be used."; and
Further amend said bill by amending the title and enacting clause accordingly.
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 1, Section A, Line 4 by inserting after said line the following:
143.124. 1. Notwithstanding other provisions of law to the contrary [notwithstanding], the total amount of all annuities, pensions, or retirement allowances above the amount of six thousand dollars annually provided by any law of this state, the United States, or any other state to any person, or the total amount of all annuities, pensions or retirement allowances above the amount of two thousand dollars for tax years beginning on or after January 1, 1998, but before January 1, 1999, and above the amount of four thousand dollars for tax years beginning on or after January 1, 1999, but before January 1, 2000, and above the amount of six thousand dollars for tax years beginning on or after January 1, 2000, provided to any person through any privately funded annuity, pension or retirement allowance, except as provided in subsection 4 of this section, shall be subject to tax [under] pursuant to the provisions of this chapter, in the same manner, to the same extent and under the same conditions as any other taxable income received by the person receiving it. For purposes of this section, annuity, pension, or retirement allowance shall be defined as an annuity, pension or retirement allowance provided by the United States, this state, any other state or any political subdivision or agency or institution of this or any other state or an annuity, pension or retirement allowance provided by any privately funded source.
2. For the period beginning July 1, 1989, and ending December 31, 1989, there shall be subtracted from Missouri adjusted gross income for that period, determined pursuant to section 143.121, the first three thousand dollars of retirement benefits received by each taxpayer if the following requirements are satisfied:
(1) [If] The taxpayer's filing status is single, head of household or qualifying widow(er) and [his] the taxpayer's Missouri adjusted gross income is less than twelve thousand five hundred dollars; or
(2) [If] The taxpayer's filing status is married filing combined and their combined Missouri adjusted gross income is less than sixteen thousand dollars; or
(3) [If] The taxpayer's filing status is married filing separately and [his] the taxpayer's Missouri adjusted gross income is less than eight thousand dollars.
3. For the tax years beginning on or after January 1, 1990, there shall be subtracted from Missouri adjusted gross income, determined pursuant to section 143.121, the first six thousand dollars of retirement benefits received by each taxpayer from sources other than privately funded sources, and for tax years beginning on or after January 1, 1998, there shall be subtracted from Missouri adjusted gross income, determined pursuant to section 143.143, the first two thousand dollars of retirement benefits received from privately funded sources for tax years beginning on or after January 1, 1998, but before January 1, 1999, and the first four thousand dollars of retirement benefits received from privately funded sources for tax years beginning on or after January 1, 1999, but before January 1, 2000, and the first six thousand dollars of retirement benefits received from privately funded sources for tax years beginning on or after January 1, 2000, if the following requirements are satisfied:
(1) [If] The taxpayer's filing status is single, head of household or qualifying widow(er) and [his] the taxpayer's Missouri adjusted gross income is less than twenty-five thousand dollars; or
(2) [If] The taxpayer's filing status is married filing combined and their combined Missouri adjusted gross income is less than thirty-two thousand dollars; or
(3) [If] the taxpayer's filing status is married filing separately and [his] the taxpayer's Missouri adjusted gross income is less than sixteen thousand dollars.
4. To determine the maximum Missouri adjusted gross income limits referenced in this section, any social security benefits included in Missouri adjusted gross income shall be subtracted. But social security benefits shall not be subtracted for purposes of other computations [under] pursuant to this chapter, and are not to be considered as retirement benefits for purposes of this section.
5. The provisions of subdivisions (1) and (2) of subsection 3 of this section shall apply during all tax years in which the federal Internal Revenue Code provides exemption levels for calculation of the taxability of social security benefits that are the same as the levels in subdivisions (1) and (2) of subsection 3 of this section. If the exemption levels for the calculation of the taxability of social security benefits are adjusted by applicable federal law or regulation, the exemption levels in subdivisions (1) and (2) of subsection 3 of this section shall be accordingly adjusted to the same exemption levels.
6. For each tax year beginning on or after January 1, 1990, the portion of a taxpayer's lump sum distribution from an annuity or other retirement plan not otherwise included in Missouri adjusted gross income as calculated [under] pursuant to this chapter, but subject to taxation [under] pursuant to Internal Revenue Code section 402 shall be taxed in an amount equal to ten percent of the taxpayer's federal liability on such distribution for the same tax year.
7. The exemptions provided for in this section shall not affect the calculation of the income to be used to determine the property tax credit provided in sections 135.010 to 135.035, RSMo.
8. The provisions of this section shall apply to all other annuities, pensions and retirement allowances as subsequently defined and provided by law for tax years beginning on or after January 1, 1991. "; and
Further amend said bill, Page 9, Section 144.020, Line 1, by inserting after said line the following:
"144.022. To comply with the limitations established in sections 16 and 18 of article X of the Missouri constitution, the governor may require the director of revenue to suspend collection of a portion of the state sales and use tax. The portion so suspended may be up to, but not in excess of, three percent of the purchase price paid or charged for food sold at retail businesses which are authorized as participants in the federal food stamp program, except that beginning July 1, 1996 and until July 1, 1997, the rate shall be suspended by two percent. For the purposes of this section, the term "food" shall include only those articles of food which are authorized under the federal food stamp program to be redeemable for food stamps. During any fiscal year in which the commissioner of administration certifies that total state revenues are reasonably projected to be in excess of the limitation established in sections 16 and 18 of article X of the Missouri constitution, the governor, by executive order, shall direct and specify the amount of sales and use tax collections which the director shall suspend. Other laws to the contrary notwithstanding, the director of revenue shall suspend collection of the amount directed by an executive order issued pursuant to this section. The tax collected on transactions shall be proportionately reduced during the period the executive order issued pursuant to this section is in effect. Any suspension in the state sales and use tax collections shall continue for the period deemed necessary in the executive order to comply with the limitations established in sections 16 and 18 of article X of the Missouri constitution but shall not extend past the fiscal year in which the executive order was issued."; and
Further amend said bill, Page 23, Section 144.030, Line 19 by inserting after said line the following:
144.140. 1. From every remittance to the director of revenue made on or before the date when the same becomes due, the person required to remit the same shall be entitled to deduct and retain an amount equal to two percent thereof.
2. Any person who is required to collect and remit the tax of which a portion may be suspended pursuant to section 144.022 shall be allowed to retain, in addition to the amount in subsection 1 of this section, two percent of the portion of the remaining tax subsequent to a suspension pursuant to section 144.022 that is not held and distributed in the manner provided in section 144.701 and section 163.031, RSMo."; and
Further amend said bill, Page 25, Section B, Lines 7 and 8, by deleting said lines and inserting in lieu thereof the following:
"Section B. Because immediate action is necessary to stimulate the economy of this state, 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 become effective upon its passage and approval by the governor or on July 1, 1996, whichever occurs later."; and
Further amend said bill by amending the title and enacting clause accordingly.
HOUSE AMENDMENT NO. 18
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 1, Section A, Line 4, by inserting after said line the following:
"92.045. 1. Any [constitutional charter] city in this state [which now has or may hereafter acquire a population in excess of three hundred fifty thousand inhabitants, according to the last federal decennial census,] is hereby authorized, for city and local purposes, to license, tax, and regulate the occupation of merchants, manufacturers, and all businesses, avocations, pursuits, and callings that are not exempt from the payment of licenses by law and may, by ordinance, base such licenses on gross receipts, gross profits or net profits, per capita, flat fee, graduated scale based on gross or net receipts or sales, or any other method or measurement of tax or any combination thereof derived or allocable to the carrying on or conducting of any business, avocation, pursuits or callings or activities carried on in such cities.
2. The local legislative body may grant by ordinance to its administering tax official the power to adopt regulations and rules relating to any matters pertaining to the administration and enforcement of any ordinances enacted in accordance with the authority heretofore given. Copies of such regulations and rules shall be kept in the office of such tax official designated in such ordinance and shall be open to inspection by the public. Said regulations or rules may be changed or amended from time to time."; and
Further amend said bill, by amending the title and enacting clause accordingly.
HOUSE AMENDMENT NO. 19
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 17, Section 18, Line 13, by inserting after the word "including", "medical oxygen".
HOUSE AMENDMENT NO. 21
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 9, Section 144.025, Line 5, by deleting "in this chapter"; and
Further amend said bill, page 9, section 144.025, line 17, by deleting "under this chapter".
HOUSE AMENDMENT NO. 22
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, by adding to the end of said bill the following:
"143.782. As used in sections 143.782 to 143.788, unless the context clearly requires otherwise, the following terms shall mean and include:
(1) "Debt", any sum due and legally owed to any state agency which has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for that sum, or any support obligation which is being enforced by the division of family services on behalf of a person who is receiving support enforcement services pursuant to section 454.425, RSMo;
(2) "Debtor", any individual, sole propri-etorship, partnership, corporation or other legal entity owing a debt;
(3) "Department", the department of revenue of the state of Missouri;
(4) "Refund", the Missouri income tax refund which the department determines to be due any taxpayer [under] pursuant to the provisions of this chapter. The amount of a refund shall not include any senior citizens property tax credit provided by sections 135.010 to 135.035, RSMo; and
(5) "State agency", any department, division, board, commission, office, or other agency of the state of Missouri, including, public community college districts."; and
Further amend the title and enacting clause accordingly.
HOUSE AMENDMENT NO. 23
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 17, Section 144.030, Line 9, by inserting after the word "insulin" the words ", syringes used for medical purposes".
HOUSE AMENDMENT NO. 24
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 23, Section 144.030, Lines 13 and 14, by striking out the words "of a least four integrated facilities".
HOUSE AMENDMENT NO. 26
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 25, Section 144.030, Line 9, Section B, by adding to end of section (at bottom of page) "other provisions of this bill notwithstanding, that at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 1996, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following ballot question which shall include, but not be limited to, this language: "Shall the state of Missouri repeal the state general sales tax on food?".
In which the concurrence of the Senate is respectfully requested.
Senator Goode moved that the Senate refuse to concur in HS for HCS for SB 888, as amended, and request the House to recede from its position or failing to do so, grant the Senate a conference thereon, which motion prevailed.
The following messages were received from the House of Representatives through its Chief Clerk:
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HS for HCS for SS for SB 560, as amended, and grants the Senate a conference thereon.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SCA 1 to HB 979 and request the Senate to recede from its position or, failing to do so, grant the House a conference.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HS for HB 1368, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that House refuses to recede from its position on SB 664, as amended, and grants the Senate a conference thereon.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 589.
With House Amendment No. 1.
Amend Senate Bill No. 589, Page 1, In the Title, Lines 2 through 3, by deleting all of said lines and inserting in lieu thereof the following: "To repeal section 386.310, RSMo 1994, relating to public utilities, and to enact in lieu thereof five new sections relating to the"; and
Further amend said bill, Page 1, Section A, Lines 1 through 2, by deleting all of said lines and inserting in lieu thereof the following: "Section A. Section 386.310, RSMo 1994, is repealed and five new sections enacted in lieu thereof, to be known as sections 386.310, 1, 2, 3 and 4, to read"; and
Further amend said bill, Page 3, Section 386.310, Line 64, by inserting after all of said line the following:
"Section 1. As used in sections 1 to 4 of this act, the following terms mean:
(1) "Educational institution" or "institu-tion":
(a) All institutions of higher education in this state which receive any funding from the state, and all divisions and offices thereof; and
(b) All school districts which maintain any elementary or secondary school, and all divisions and offices thereof;
(2) "Utility" or "utility service", electric, natural gas, water, sewer and local and long distance telephone services, and energy conservation agreements.
Section 2. 1. Each educational institution shall keep all records, correspondence and copies of utility bills for five years in complete and orderly form to facilitate the technical audit required by sections 1 to 4 of this act.
2. Each educational institution shall be required to contract with an independent technical Missouri-based auditing company knowledgeable of the specific tariffs of the various utility and telecommunications providers operating within the state of Missouri.
3. Each independent technical auditing company utilized in the performance of the technical audits required by sections 1 to 4 of this act shall meet a minimum set of requirements of qualifications before performing an audit engagement. The state auditor shall prepare a qualifications statement document that shall be used by all educational institutions to determine the technical audit company's qualifications. The state auditor shall promulgate the qualifications statement documents as a rule pursuant to the provisions of chapter 536, RSMo. The institution performing the technical audit shall select the technical audit contractor.
Section 3. 1. Each technical audit performed pursuant to sections 1 to 4 of this act shall seek to uncover errors and mistakes in the historical billing records of utility bills paid by the institution over the preceding five-year period. The technical audit shall seek to uncover nonconformance by the utility with the utility's tariff rates and rules and regulations and result in overcharges to the institution.
2. The technical audit shall seek refunds or credits or both from the utility for all errors and mistakes uncovered in performance of the technical audit. The technical audit shall seek to reduce the monthly cost of utility billings. All cost reductions proposed shall be in the form of recommendations by the contractor to the contracting institution. The institution may accept or reject any cost reduction recommendation. The institution shall not accept any cost reduction recommendation that has, as a requirement of that recommendation, an additional cost, such as the purchase and installation or alteration of equipment, except in cases relating to gas transportation. The cost reduction recommendations of the technical audit shall be limited in scope to no out-of-pocket cost methods for achieving the cost reduction. Cost reduction methods such as identification of better tariff rates, meter consolidations, telecommunications inventory reconciliation and other types of no cost to the institution methods of cost reduction shall be acceptable for the purpose of this section.
Section 4. 1. Each institution entering into a contract for the performance of a technical audit shall acquire from the office of the state auditor a copy of the qualifications statement document as prepared in accordance with section 2 of this act.
2. Each institution shall use the qualifications statement document as the basis of determination that any prospective technical audit contractor is, in fact, qualified to perform a technical audit.
3. All technical audits performed as a requirement of sections 1 to 4 of this act shall be performed pursuant to written contingency-based payment contracts. Compensation to contractors for performance of the technical audits shall be limited to a maximum payment of fifty percent of the dollars or credits recovered for the institution as a direct result of the technical audit. The compensation paid for cost reduction recommendations that the institution accepts and implements shall be limited to fifty percent of the cost savings realized for one year from the date the recommendations are implemented.
4. The institution may not implement a cost reduction recommendation that it has rejected for a period of three years after such rejection.".
In which the concurrence of the Senate is respectfully requested.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 769, entitled:
An Act to repeal sections 595.025 and 595.045, RSMo 1994, relating to the crime victims' compensation fund, and to enact in lieu thereof two new sections relating to the same subject.
With House Amendment No. 1.
HOUSE AMENDMENT NO. 1
Amend House Committee Substitute for Senate Bill No. 769, Page 2, Section 595.045, Line 2, by deleting the word "fee" and inserting in lieu thereof the following: "[fee] surcharge"; and
Further amend said bill, page 2, section 595.045, line 3, by deleting all of said line and inserting in lieu thereof the following: "in the state [for violation of a] in all criminal [law] cases including violations of any county ordinance or any violation of criminal or traffic laws of the state, including an infraction and violation of a"; and
Further amend said bill, page 2, section 595.045, line 4, by deleting the words "or county" and inserting in lieu thereof the following: "[or county]"; and
Further amend said bill, page 2, section 595.045, line 4, by inserting after the word "that" the following "["; and
Further amend said bill, page 2, section 595.045, line 6, by inserting after the words "safety laws, and" the following: "]"; and
Further amend said bill, page 2, section 595.045, lines 8 through 9, by deleting all of said lines and inserting in lieu thereof the following: "been dismissed by the court or when costs are to be paid by the state, county, or municipality [on behalf of an indigent defendant. A fee] A surcharge"; and
Further amend said bill, page 2, section 595.045, line 12, by deleting all of said line and inserting in lieu thereof the following: "2. The moneys collected by clerks of the courts [, except municipal clerks, under] pursuant to"; and
Further amend said bill, page 2, section 595.045, line 13, by deleting the word "paid" and inserting in lieu thereof the following: "[paid] collected and disbursed"; and
Further amend said bill, page 3, section 595.045, line 14, by inserting after the word "RSMo" the following: ", and shall be payable to the director of the department of revenue"; and
Further amend said bill, page 3, section 595.045, line 50, by inserting after the words "shall be" the following: "["; and
Further amend said bill, page 4, section 595.045, line 52, by deleting all of said line and inserting in lieu thereof the following: "(2)] Five percent of such moneys shall be [paid into] payable monthly to the city treasury of the city from which such funds were collected. [The director of revenue shall deposit"; and
Further amend said bill, page 4, section 595.045, line 58, by deleting the figure "(3)" and inserting in lieu thereof the following: "The remaining ninety-five percent of such moneys shall be payable monthly to the director of revenue."; and
Further amend said bill, page 4, section 595.045, line 60, by deleting the letter "(a)" and inserting in lieu thereof the following: "(1)"; and
Further amend said bill, page 4, section 595.045, line 64, by deleting the letter "(b)" and inserting in lieu thereof the following: "(2)"; and
Further amend said bill, page 4, section 595.045, line 71, by deleting the letter "(c)" and inserting in lieu thereof the following: "(3)"; and
Further amend said bill, page 4, section 595.045, line 78, by inserting after the word "auditor" the following: "and such audit shall include all records associated with crime victims' compensation matters at all levels of the court administration and throughout any state agency"; and
Further amend said bill, page 4, section 595.045, line 80, by inserting after the word "judgment" the following: "in favor of the state of Missouri, payable monthly to the crime victims' compensation fund,"; and
Further amend said bill, page 5, section 595.045, line 102, by inserting after the word "deposited" the following: "monthly".
In which the concurrence of the Senate is respectfully requested.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conference committee, to act with a like committee from the Senate on HCS for HB 991, as amended: Representatives: Koller, Bray, VanZandt, Ostmann, Cooper.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conference committee, to act with a like committee from the Senate on HS for HCS for SS for SB 560, as amended: Representatives: May (108), Sheldon, O'Toole, Ross, Legan.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conference committee, to act with a like committee from the Senate on SB 664, as amended: Representatives: Hartzler, Copeland, Leake, Treadway, Richardson.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 525.
With House Committee Amendment No. 1
HOUSE COMMITTEE AMENDMENT NO. 1
Amend Senate Bill No. 525, Page 5, Section 209.259, Line 14, by inserting after said line the following:
"Section 1. Telecommunications com-panies shall ensure, if readily achievable as defined by federal law 42 U.S.C.A. section 12181(9), that high quality existing and new telecommunications services are available, accessible and usable by individuals with disabilities, unless making the services available, accessible or usable would result in an undue burden, including unreasonable costs or technical infeasibility, or would have an adverse competitive effect."; and
Further amend said bill by amending the title and enacting clause accordingly.
In which the concurrence of the Senate is respectfully requested.
President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SB 664, as amended: Senators Klarich, Melton, Caskey, Quick and Maxwell.
Senator McKenna moved that the Senate refuse to recede from its position on SCA 1 to HB 979 and grant the House a conference thereon, which motion prevailed.
Senator McKenna moved that the Senate refuse to recede from its position on SCS for HS for HB 1368, as amended, and grant the House a conference thereon, which motion prevailed.
President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HS for HCS for SS for SB 560, as amended: Senators Goode, Graves, Lybyer, Sims and Staples.
Also,
President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HB 979, as amended: Senators McKenna, Curls, Maxwell, Klarich and Westfall.
Also,
President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SCS for HS for HCS for HB 1368, as amended: Senators McKenna, Clay, DePasco, Treppler and Westfall.
Senator Goode moved that the Senate refuse to concur in HA 1 to SB 589 and request the House to recede from its position, which motion prevailed.
Senator Quick moved that SB 769, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.
HCS for SB 769, as amended, entitled:
An Act to repeal sections 595.025 and 595.045, RSMo 1994, relating to the crime victims' compensation fund, and to enact in lieu thereof two new sections relating to the same subject.
Was taken up.
Senator Quick moved that HCS for SB 769, as amended, be adopted, which motion prevailed by the following vote:
| Yeas--Senators | |||
| Banks | Bentley | Caskey | DePasco |
| Ehlmann | Flotron | Goode | Graves |
| House | Howard | Johnson | Kenney |
| Kinder | Klarich | Lybyer | Mathewson |
| Maxwell | McKenna | Melton | Moseley |
| Mueller | Quick | Rohrbach | Russell |
| Schneider | Sims | Singleton | Staples |
| Treppler | Westfall | Wiggins--31 | |
| Nays--Senators--None | |||
| Absent--Senators | |||
| Clay | Curls--2 | ||
| Absent with leave--Senator Scott--1 | |||
| Yeas--Senators | |||
| Banks | Bentley | Caskey | DePasco |
| Ehlmann | Flotron | Goode | House |
| Howard | Johnson | Kenney | Kinder |
| Klarich | Lybyer | Mathewson | Maxwell |
| McKenna | Melton | Moseley | Mueller |
| Quick | Rohrbach | Russell | Schneider |
| Sims | Singleton | Staples | Treppler |
| Westfall | Wiggins--30 | ||
| Nays--Senators--None | |||
| Absent--Senators | |||
| Clay | Curls | Graves--3 | |
| Absent with leave--Senator Scott--1 | |||
On motion of Senator Quick, title to the bill was agreed to.
Senator Quick moved that the vote by which the bill passed be reconsidered.
Senator Banks moved that motion lay on the table, which motion prevailed.
Bill ordered enrolled.
President Wilson assumed the Chair.
President Pro Tem Mathewson resumed the Chair.
Senator Moseley moved that SB 525, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.
HCA 1 was taken up.
Senator Moseley moved that the above amendment be adopted, which motion prevailed by the following vote:
| Yeas--Senators | |||
| Banks | Bentley | Caskey | Curls |
| DePasco | Ehlmann | Flotron | Goode |
| Graves | House | Howard | Johnson |
| Kenney | Kinder | Klarich | Lybyer |
| Mathewson | Maxwell | McKenna | Melton |
| Moseley | Mueller | Quick | Rohrbach |
| Russell | Schneider | Scott | Sims |
| Singleton | Staples | Treppler | Westfall |
| Wiggins--33 | |||
| Nays--Senators--None | |||
| Absent--Senator Clay--1 | |||
| Absent with leave--Senators--None | |||
| Yeas--Senators | |||
| Banks | Bentley | Caskey | Curls |
| DePasco | Ehlmann | Flotron | Goode |
| Graves | House | Howard | Johnson |
| Kenney | Klarich | Lybyer | Mathewson |
| Maxwell | McKenna | Melton | Moseley |
| Mueller | Quick | Rohrbach | Russell |
| Schneider | Scott | Sims | Singleton |
| Staples | Treppler | Westfall | Wiggins--32 |
| Nays--Senators--None | |||
| Absent--Senators | |||
| Clay | Kinder--2 | ||
| Absent with leave--Senators--None | |||
On motion of Senator Moseley, title to the bill was agreed to.
Senator Moseley moved that the vote by which the bill passed be reconsidered.
Senator Banks moved that motion lay on the table, which motion prevailed.
Bill ordered enrolled.
Senator Maxwell moved that HS for HCS for HB 1237, with SCS, SS for SCS and SA 3 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.
SA 3 was again taken up.
At the request of Senator Maxwell, the above amendment was withdrawn.
Senator Klarich offered SA 4:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 76, Section 144.030, Line 4, by inserting after the word "plant", the following:
"but shall not include motor vehicles used on highways. For the purposes of this section, the terms "motor vehicle" and "highway" shall have the same meaning pursuant to section 301.010, RSMo."; and
Further amend said bill, page 6, Section 32.105, line 1, by inserting after the word "projects", the following:
"and affordable housing assistance as defined in section 32.111, RSMo".
Senator Klarich moved that the above amendment be adopted, which motion prevailed.
Senator Howard offered SA 5:
SENATE AMENDMENT NO. 5
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 98, Section 338.196, Line 12, by inserting immediately after said line the following:
"349.010. As used in sections 349.010 to 349.100, unless the context otherwise requires, the following words and terms shall have the meanings indicated:
(1) "Corporations" means any authority organized pursuant to the provisions of sections 349.010 to 349.100.
(2) "County and municipality". "County" means any county in the state. "Municipality" means any city, incorporated town or village in the state.
(3) "Governing body" shall mean the board or body in which the general legislative powers of the county or municipality are vested.
(4) "Project" means the purchase, construction, extension and improvement of plants, buildings, structures, or facilities, whether or not now in existence, including the real estate, used or to be used as a factory, assembly plant, manufacturing plant, processing plant, fabricating plant, distribution center, warehouse building, public facility, waterborne vessels excepting commercial passenger vessels for hire in a city not within a county built prior to 1950, office building, for profit or not for profit hospital, not for profit nursing or retirement facility or combination thereof, physical fitness, recreational, indoor and resident outdoor facilities operated by not for profit organizations, commercial or agricultural facility, or facilities for the prevention, reduction or control of pollution. Included in all of the above shall be any required fixtures, equipment and machinery. Excluded are facilities designed for the sale or distribution to the public of electricity, gas, water or telephone, together with any other facilities for cable television and those commonly classified as public utilities. Projects of a municipal authority must be located wholly within the incorporated limits of the municipality except that such projects may be located outside the corporate limits of such municipality and within the county in which the municipality is located with permission of the governing body of the county. Projects of a county authority must be located within an unincorporated area of such county except that such projects may be located within the incorporated limits of a municipality within such county, when approved by the governing body of the municipality."; and
Further amend the title and enacting clause accordingly.
Senator Howard moved that the above amendment be adopted, which motion prevailed.
Senator Banks offered SA 6:
SENATE AMENDMENT NO. 6
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 155, Section 27, Line 21, by inserting immediately after said line the following:
"Section 27. 1. The governor is hereby authorized and empowered to grant and convey by deed the state of Missouri's interest, if any, in certain property in the city of St. Louis known as the St. Mary's annex to St. Mary's manor incorporated, its successors or assigns. The property to be conveyed is more particularly described as follows:
A tract of land in City of St. Louis Block 448, more particularly described as Lots 4, 5, 6, 7, 8 and the Western 14 feet 8-1/2 inches of Lot 9, together fronting 139 feet 8-1/2 inches on the North line of Chouteau Avenue, 80 feet wide.
2. If St. Mary's manor incorporated refuses the return of the property, the governor is authorized to negotiate a sale of the property to the city of St. Louis or to offer the property for public sale, the terms of which shall be set by the commissioner of administration.
3. The attorney general shall approve as to form the instrument of conveyance."; and
Further amend the title and enacting clause accordingly.
Senator Banks moved that the above amendment be adopted, which motion prevailed.
Senator Staples offered SA 7:
SENATE AMENDMENT NO. 7
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 54, Section 135.245, Line 26, by inserting immediately after said line, the following:
"[135.300. As used in sections 135.300 to 135.311, unless the context requires otherwise, the following terms mean:
(1) "Missouri forestry industry residue", any residue that results from normal timber harvest or production to include slash, sawdust, shavings, edgings, slabs, leaves, bark, and timber thinnings from timber stand improvements;
(2) "Processed wood products", wood pellets, cubes, flour, or any product that results from thermal, chemical, or mechanical processes that sufficiently alter the wood residue to be used as an energy source. Hogged wood, chipped wood and charcoal do not qualify as processed wood energy resources under sections 135.300 to 135.311;
(3) "Wood energy producer", any person, firm or corporation who engages in the business of producing processed wood products, to be used as an energy source, from Missouri forest industry residues;
(4) "Wood energy producing facility", a Missouri facility using Missouri forest industry residue to produce processed wood products.
135.305. A Missouri wood energy producer shall be eligible for a tax credit on taxes otherwise due under chapter 143, RSMo, except sections 143.191 to 143.261, RSMo, as a production incentive to produce processed wood products in a qualified wood producing facility using Missouri forest product residue. The tax credit to the wood energy producer shall be five dollars per ton of processed material. The credit may be claimed for a period of five years and is to be a tax credit against the tax otherwise due.
135.307. Any amount of credit which exceeds the tax due shall not be refunded but may be carried over to any subsequent taxable year, not to exceed four years.
135.309. The wood energy producer may elect to assign to a third party the approved tax credit. Certification of assignment and other appropriate forms must be filed with the Missouri department of revenue.
135.311. When applying for a tax credit the wood energy producer shall make application for the credit to the division of energy of the department of natural resources. The application shall include:
(1) The number of tons of processed wood products produced during the preceding calendar year;
(2) The name and address of the person to whom processed products were sold and the number of tons sold to each person;
(3) Other information which the department of natural resources reasonably requires. The application shall be received and reviewed by the division of energy of the department of natural resources and the division shall certify to the department of revenue each applicant which qualifies as a wood energy-producing facility.
2. Sections 135.300 to 135.311 shall be effective July 1, 1986. The provisions of sections 135.300 to 135.311 shall terminate on June 30, 1995, but any unused credit may be claimed until December 31, 1995.]
135.300. As used in sections 135.300 to 135.311, unless the context requires otherwise, the following terms mean:
(1) "Missouri forestry industry residue", any residue that results from normal timber harvest or production to include slash, sawdust, shavings, edgings, slabs, leaves, bark, and timber thinnings from timber stand improvements;
(2) "Processed wood products", wood pellets, cubes, flour, or any product that results from thermal, chemical, or mechanical processes that sufficiently alter the wood residue to be used as an energy source. Hogged wood, chipped wood and charcoal do not qualify as processed wood energy resources under sections 135.300 to 135.311;
(3) "Wood energy producer", any person, firm or corporation who engages in the business of producing processed wood products, to be used as an energy source, from Missouri forest industry residues;
(4) "Wood energy producing facility", a Missouri facility using Missouri forest industry residue to produce processed wood products.
135.305. A Missouri wood energy producer shall be eligible for a tax credit on taxes otherwise due under chapter 143, RSMo, except sections 143.191 to 143.261, RSMo, as a production incentive to produce processed wood products in a qualified wood producing facility using Missouri forest product residue. The tax credit to the wood energy producer shall be five dollars per ton of processed material. The credit may be claimed for a period of five years and is to be a tax credit against the tax otherwise due.
135.307. Any amount of credit which exceeds the tax due shall not be refunded but may be carried over to any subsequent taxable year, not to exceed four years.
135.309. The wood energy producer may elect to assign to a third party the approved tax credit. Certification of assignment and other appropriate forms must be filed with the Missouri department of revenue.
135.311. When applying for a tax credit the wood energy producer shall make application for the credit to the division of energy of the department of natural resources. The application shall include:
(1) The number of tons of processed wood products produced during the preceding calendar year;
(2) The name and address of the person to whom processed products were sold and the number of tons sold to each person;
(3) Other information which the department of natural resources reasonably requires. The application shall be received and reviewed by the division of energy of the department of natural resources and the division shall certify to the department of revenue each applicant which qualifies as a wood energy-producing facility."; and
Further amend the title and enacting clause accordingly.
Senator Staples moved that the above amendment be adopted, which motion prevailed.
Senator House offered SA 8:
SENATE AMENDMENT NO. 8
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 88, Section 172.273, Line 25 of said page, by striking "research, development and" and inserting in lieu thereof the following: "projects for the purpose of research and development, including"; and
Further amend said bill and section, page 89, line 2 of said page, by striking the word "and" and inserting in lieu thereof a period "."; and further amend lines 3-4 of said page, by striking all of said lines; and further amend lines 16-17 of said page, by striking the following: ", may utilize the power of eminent domain,"; and
Further amend said bill and section, page 90, line 2 of said page, by striking the word "plan" and inserting in lieu thereof the word "planning"; and further amend line 11 of said page, by striking the following: "The utilization of the real"; and further amend lines 12-13, by striking all of said lines; and further amend line 14 of said page, by striking the following: "of the university. Provided" and inserting in lieu thereof the word "If"; and further amend line 15 of said page, by inserting immediately after the word "university" the following: "and used as provided in subsection 1 and subsection 2 of this section and found to be within the university's educational mission"; and further amend line 24 of said page, by inserting immediately after said line the following:
"5. Notwithstanding the exemption from taxes in subsection 3 of this section, whenever a private enterprise operates its facilities on land owned by the curators for an office park project for the purpose of research and development and such operation is outside the advancement of the university's educational mission, the private enterprise shall be subject to all taxes set forth by the appropriate political subdivision."; and
Further amend said section by renumbering the remaining subsections accordingly; and
Further amend said bill and section, page 90, line 25 of said page, by striking the words "such a"; and further amend line 26, by striking the following: "research, development and office park project" and inserting in lieu thereof the following: "projects for research and development, including an office park project,";
Further amend said bill and section, page 92, lines 1-16 of said page by striking all of said lines.
Senator House moved that the above amendment be adopted, which motion prevailed.
Senator Curls offered SA 9:
SENATE AMENDMENT NO. 9
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 7, Section 32.115, by striking all of said section and inserting in lieu thereof, the following:
"32.111. Any business firm which engages in providing affordable housing assistance activities in the state of Missouri shall receive a tax credit as provided in section 32.115 if the commission or its delegate approves a proposal submitted by one or more business firms for the provision of affordable housing units. The proposal shall set forth the program of affordable housing to be conducted, the location and number of affordable housing units, the neighborhood area to be served, why the program is needed, the time period for which affordable housing units shall be provided, the estimated amount to be invested in the program, plans for implementing the program and a list of the business firms proposing to provide affordable housing assistance activities which are part of the proposal. In the case of rental units, all proposals approved by the commission shall require a land use restriction agreement stating the provision of affordable housing on said property for a time period deemed reasonable by the commission. In the case of owner occupied units, all proposals approved by the commission shall require a land use restriction agreement for a time period deemed reasonable by the commission requiring any subsequent owner, except a lender with a security interest in the property, to be an owner occupant whose income at the time of acquisition is at or below the level described in section 32.105, and further requiring the acquisition price to any subsequent owner shall not exceed by more than a five percent annual appreciation the acquisition price to the original, eligible owner at the time tax credits are first claimed. The land use restriction agreement shall constitute a lien as described in subdivision (4) of subsection 3 of section 32.115. The restriction shall be approved by the property owner and shall be binding on any subsequent owner of the property unless otherwise approved by the commission. In approving a proposal, the commission may authorize the use of tax credits by one or more of the business firms listed in the proposal and shall establish specific requirements regarding the degree of completion of affordable housing assistance activities necessary to be eligible for tax credits provided under this section. If, in the opinion of the commission or its delegate, a business firm's investment can more consistently with the purposes of this section be made through [contributions to] a neighborhood organization, tax credits may be allowed as provided in this section. The commission may approve requests for multi-year credit commitments provided eligibility is maintained. The commission or its delegate is hereby authorized to promulgate rules and regulations for establishing criteria for evaluating such proposals by business firms for approval or disapproval, for establishing housing priorities for approval or disapproval of such proposals by business firms, and for the certification of eligibility for tax credits authorized under this section. The decision of the commission or its delegate to approve or disapprove a proposal pursuant to this section shall be in writing, and if approved, the maximum credit allowable to the business firm shall be stated. A copy of the decision of the commission or its delegate shall be transmitted to the director of revenue and to the governor. A copy of the certification approved by the commission and a statement of the total amount of credits approved by the commission, the amount of credits previously taken by the taxpayer and the amount being claimed for the current tax year shall be filed in a manner and form designated by the director of revenue for any tax year in which a tax credit is being claimed.
32.112. Any business firm which makes a contribution to a neighborhood organization, a significant part of whose activities consist of affordable housing assistance activities in the state of Missouri, shall receive a tax credit as provided in section 32.115 if the commission approves a proposal submitted by one or more business firms for the general operating assistance of such neighborhood organization. The proposal shall set forth the activities of the neighborhood organization, including the affordable housing assistance activities, the neighborhood area to be served, why the activities are needed, the estimated amount to be contributed to the neighborhood organization, and a list of the business firms proposing to make the contributions. The commission is hereby authorized to promulgate rules and regulations pursuant to section 536.024, RSMo, for establishing criteria for evaluating such proposals by business firms for approval or disapproval, and for the certification of eligibility for tax credits authorized under this section. The decision of the commission to approve or disapprove a proposal pursuant to this section shall be in writing and, if approved, the maximum credit allowable to the business firm shall be stated. A copy of the decision of the commission shall be transmitted to the director of revenue and to the governor. A copy of the certification approved by the commission and a statement of the total amount of credits approved, the amount of credits previously taken by the taxpayer and the amount being claimed for the current tax year shall be filed in a manner and form designated by the director of revenue for any tax year in which a tax credit is being claimed.
32.115. 1. The department of revenue shall grant a tax credit, to be applied in the following order until used, against:
(1) The annual tax on gross premium receipts of insurance companies in chapter 148, RSMo;
(2) The tax on banks determined under subdivision (2) of subsection 2 of section 148.030, RSMo;
(3) The tax on banks determined in subdivision (1) of subsection 2 of section 148.030, RSMo;
(4) The tax on other financial institutions in chapter 148, RSMo;
(5) The corporation franchise tax in chapter 147, RSMo;
(6) The state income tax in chapter 143, RSMo; and
(7) The annual tax on gross receipts of express companies in chapter 153, RSMo.
2. For proposals approved under section 32.110[,]:
(1) The amount of the tax credit shall not exceed fifty percent of the total amount contributed during the taxable year by the business firm or, in the case of a financial institution, where applicable, during the relevant income period in programs approved pursuant to section 32.110[.];
[3.] (2) Except as provided in [subsection 2 or 5] subdivision (1) or (4) of this [section] subsection, a tax credit of up to seventy percent may be allowed for contributions to programs where activities fall within the scope of special program priorities as defined with the approval of the governor in regulations promulgated by the director of the department of economic development[.];
[4.] (3) Except as provided in [subsection 2 or 5] subdivision (1) or (4) of this [section] subsection, the tax credit allowed for contributions to programs located in any community shall be equal to seventy percent of the total amount contributed where such community is a city, town or village which has fifteen thousand or less inhabitants as of the last decennial census and is located in a county which is either located in:
[(1)] (a) An area that is not part of a standard metropolitan statistical area;
[(2)] (b) A standard metropolitan statistical area but such county has only one city, town or village which has more than fifteen thousand inhabitants; or
[(3)] (c) A standard metropolitan statistical area and a substantial number of persons in such county derive their income from agriculture.
Such community may also be in an unincorporated area in such county as provided in [subdivision (1), (2) or (3)] paragraphs (a), (b) and (c) of this [subsection] subdivision. Except in no case shall the total economic benefit of the combined federal and state tax savings to the taxpayer exceed the amount contributed by the taxpayer during the tax year[.];
[5.] (4) Such tax credit allocation, equal to seventy percent of the total amount contributed, shall not exceed four million dollars in any fiscal year. When the four million dollar limit on the tax credit allocation is committed, the tax credit allocation for such programs shall then be equal to fifty percent credit of the total amount contributed. Regulations establishing special program priorities are to be promulgated during the first month of each fiscal year and at such times during the year as the public interest dictates. Such credit shall not exceed two hundred and fifty thousand dollars annually except as provided in subdivision 5 of this subsection [6 of this section]. No tax credit shall be approved for any bank, bank and trust company, insurance company, trust company, national bank, savings association, or building and loan association for activities that are a part of its normal course of business. Any tax credit not used in the period the contribution was made may be carried over the next five succeeding calendar or fiscal years until the full credit has been claimed. Except as otherwise provided for proposals approved under section 32.111, 32.112 or 32.117, in no event shall the total amount of all other tax credits allowed pursuant to sections 32.100 to 32.125 exceed [twenty] twenty-two million dollars in any one fiscal year, of which six million shall be credits allowed pursuant to section 135.460, RSMo. If six million dollars in credits are not approved, then the remaining credits may be used for programs approved pursuant to sections 32.100 to 32.125[.];
[6.] (5) The credit may exceed two hundred fifty thousand dollars annually and shall not be limited if community services, crime prevention, education, job training, physical revitalization or economic development, as defined by section 32.105, is rendered in an area defined by federal or state law as an impoverished, economically distressed, or blighted area or as a neighborhood experiencing problems endangering its existence as a viable and stable neighborhood, or if the community services, crime prevention, education, job training, physical revitalization or economic development is limited to impoverished persons.
[7.] 3. For proposals approved under section 32.111[,]:
(1) The amount of the tax credit shall not exceed fifty-five percent of the total amount invested in affordable housing assistance activities by a business firm. Whenever said investment is made in the form of an equity investment or a loan, as opposed to a donation alone, tax credits may be claimed only where the loan or equity investment is accompanied by a donation which is eligible for federal income tax charitable deduction, and where the total value of the tax credits herein plus the value of the federal income tax charitable deduction is less than or equal to the value of the donation. Any tax credit not used in the period for which the credit was approved may be carried over the next ten succeeding calendar or fiscal years until the full credit has been allowed. If the affordable housing units for which a tax is claimed are within a larger structure, parts of which are not the subject of a tax credit claim, then expenditures applicable to the entire structure shall be reduced on a prorated basis in proportion to the ratio of the number of square feet devoted to the affordable housing units, for purposes of determining the amount of the tax credit. The total amount of tax credit granted for programs approved under section 32.111 for the [first] fiscal year beginning July 1, 1991 shall not exceed two million dollars, to be increased by no more than two million dollars each succeeding fiscal year, until the total tax credits that may be approved reaches ten million dollars in any fiscal year[.];
[8.] (2) For any year during the compliance period indicated in the land use restriction agreement, the owner of the affordable housing rental units for which a credit is being claimed shall certify to the commission that all tenants renting claimed units are income eligible for affordable housing units and that the rentals for each claimed unit are in compliance with the provisions of sections 32.100 to 32.125. The commission is authorized, in its discretion, to audit the records and accounts of the owner to verify said certification[.];
[9.] (3) In the case of owner occupied affordable housing units, the qualifying owner occupant shall, before the end of the first year in which credits are claimed, certify to the commission that the occupant is income eligible during the preceding two years, and at the time of the initial purchase contract, but not thereafter. The qualifying owner occupant shall further certify to the commission, before the end of the first year in which credits are claimed, that during the compliance period indicated in the land use restriction agreement, the cost of the affordable housing unit to the occupant for the claimed unit can reasonably be projected to be in compliance with the provisions of sections 32.100 to 32.125. Any succeeding owner occupant acquiring the affordable housing unit during the compliance period indicated in the land use restriction agreement shall make the same certification[.];
[10.] (4) If at any time during the compliance period the commission determines a project for which a proposal has been approved is not in compliance with the applicable provisions of sections 32.100 to 32.125 or rules promulgated therefor, the commission [shall revoke the proposal's certificate of eligibility and all business firms included in the proposal shall be prohibited from claiming any future tax credits under the proposal and shall remit the amount of tax credits taken in previous tax years under the proposal to the director of revenue. The commission shall notify the director of revenue of any such revocation.] may within one hundred fifty days of notice to the owner either seek injunctive enforcement action against the owner, or seek legal damages against the owner representing the value of the tax credits, or foreclose on the lien in the land use restriction agreement, selling the project at a public sale, and paying to the owner the proceeds of the sale, less the costs of the sale and less the value of all tax credits allowed herein. The commission shall remit to the director of revenue the portion of the legal damages collected or the sale proceeds representing the value of the tax credits. However, except in the event of intentional fraud by the taxpayer, the proposal's certificate of eligibility for tax credits shall not be revoked.
4. For proposals approved under section 32.112, the amount of the tax credit shall not exceed fifty-five percent of the total amount contributed to a neighborhood organization by business firms. Any tax credit not used in the period for which the credit was approved may be carried over the next ten succeeding calendar or fiscal years until the full credit has been allowed. The total amount of tax credit granted for programs approved under section 32.112 shall not exceed one million dollars for each fiscal year."; and
Further amend the title and enacting clause accordingly.
Senator Curls moved that the above amendment be adopted.
Senator Singleton offered SA 1 to SA 9, which was read:
SENATE AMENDMENT NO. 1 TO
SENATE AMENDMENT NO. 9
Amend Senate Amendment No. 9 to Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 6, Section 32.115, Line 16, by removing brackets around word "twenty" and deleting word "twenty-two".
Senator Singleton moved that the above amendment be adopted, which motion prevailed.
Senator Ehlmann offered SA 2 to SA 9, which was read:
SENATE AMENDMENT NO. 2 TO
SENATE AMENDMENT NO. 9
Amend Senate Amendment No. 9 to Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 3, Section 32.112, Line 23, by adding after the word "section", the following: "such regulations shall include a requirement that no tax credits may be claimed on any affordable housing units occupied by any convicted felon.".
Senator Ehlmann moved that the above amendment be adopted, which motion prevailed.
SA 9, as amended, was again taken up.
Senator Curls moved that the above amendment be adopted, which motion prevailed.
Senator Curls offered SA 10:
SENATE AMENDMENT NO. 10
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 98, Section 338.196, Line 11 of said page, by inserting immediately after said line the following:
"338.425. 1. This section shall be known and may be cited as the "Missouri Kidney Health Care Act".
2. Notwithstanding any provisions of the law to the contrary, a manufacturer or wholesaler who supplies dialysis devices or drugs used exclusively for or necessary to perform home dialysis prescribed or ordered by a physician for administration or delivery to a person with chronic kidney failure shall not be considered to be practicing pharmacy without a license if:
(1) The manufacturer or wholesaler is registered with the state board of pharmacy and lawfully holds the dialysis drugs or devices;
(2) The manufacturer or wholesaler delivers the dialysis drugs or devices to:
(a) A person with chronic kidney failure for self-administration, as ordered by a physician, at the person's home or specified address; or
(b) A physician for administration or delivery to a person with chronic kidney failure; and
(3) The manufacturer or wholesaler has sufficient and qualified supervision to adequately protect the public health.
3. The state board of pharmacy shall promulgate rules and regulations necessary to ensure the safe distribution of the dialysis drugs and devices described in subsection 2 of this section, without interruption of supply. Such regulations shall include licensing, records, evidence of delivery to the patient or patient's designee, patient training, specific product and quantity limitation, physician prescriptions or order forms, adequate warehouse facilities and appropriate labeling to ensure necessary information is affixed to or accompanies such dialysis drugs or devices.
4. The dialysis drugs or devises which are the subject of this section shall only be delivered by:
(1) The manufacturer or wholesaler to which the physician has issued an order; or
(2) A carrier authorized to possess such dialysis devices or drugs.
5. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo."; and
Further amend the title and enacting clause accordingly.
Senator Curls moved that the above amendment be adopted.
Senator Maxwell raised the point of order that SA 10 is out of order under the provisions of Senate Rules 54 and 57.
President Pro Tem Mathewson ruled the point of order well taken.
Senator Maxwell offered SA 11:
SENATE AMENDMENT NO. 11
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 92, Section 172.273, Line 16 of said page, by inserting immediately after said line the following:
"178.635. 1. The board of regents of Linn State Technical College shall organize in the manner provided by law for the board of curators of the University of Missouri. The powers, duties, authority, responsibilities, privileges, immunities, liabilities and compensation of the board of Linn State Technical College in regard to Linn State Technical College shall be the same as those prescribed by statute for the board of curators of the University of Missouri in regard to the University of Missouri, except that Linn State Technical College shall be operated only as a state technical college. Nothing in this section shall be construed to authorize Linn State Technical College to become a community college or a university offering four-year or graduate degrees.
2. All lawful bonded indebtedness incurred by the issuance of revenue bonds, as defined in section 176.010, RSMo, by Linn State Technical College, shall not be deemed to be an indebtedness of the state of Missouri or the board of regents of Linn State Technical College, pursuant to section 176.040, RSMo [after the date upon which the conditions of section 178.631 are met. Such indebtedness shall be retired through tuition revenues].
178.892. As used in sections 178.892 to 178.896, the following terms mean:
(1) "Agreement", the agreement, between an employer and a junior college district or state technical college, concerning a project. An agreement may be for a period not to exceed ten years when the program services associated with a project are not in excess of five hundred thousand dollars. For a project where associated program costs are greater than five hundred thousand dollars, the agreement may not exceed a period of eight years. No agreement shall be entered into between an employer and a community college district or state technical college which involves the training of potential employees with the purpose of replacing or supplanting employees engaged in an authorized work stoppage;
(2) "Board of trustees", the board of trustees of a junior college district and the board of regents of a state technical college;
(3) "Certificate", industrial new jobs training certificates issued pursuant to section 178.895;
(4) "Date of commencement of the project", the date of the agreement;
(5) "Employee", the person employed in a new job;
(6) "Employer", the person providing new jobs in conjunction with a project;
(7) "Industry", a business located within the state of Missouri which enters into an agreement with a community college district or state technical college and which is engaged in interstate or intrastate commerce for the purpose of manufacturing, processing, or assembling products, conducting research and development, or providing services in interstate commerce, but excluding retail, health, or professional services. "Industry" does not include a business which closes or substantially reduces its operation in one area of the state and relocates substantially the same operation in another area of the state. This does not prohibit a business from expanding its operations in another area of the state provided that existing operations of a similar nature are not closed or substantially reduced;
(8) "New job", a job in a new or expanding industry not including jobs of recalled workers, or replacement jobs or other jobs that formerly existed in the industry in the state;
(9) "New jobs credit from withholding", the credit as provided in section 178.894;
(10) "New jobs training program" or "program", the project or projects established by a community college district or state technical college for the creation of jobs by providing education and training of workers for new jobs for new or expanding industry in the state;
(11) "Program costs", all necessary and incidental costs of providing program services including payment of the principal of, premium, if any, and interest on certificates, including capitalized interest, issued to finance a project, funding and maintenance of a debt service reserve fund to secure such certificates and wages, salaries and benefits of employees participating in on-the-job training;
(12) "Program services" includes, but is not limited to, the following:
(a) New jobs training;
(b) Adult basic education and job-related instruction;
(c) Vocational and skill-assessment services and testing;
(d) Training facilities, equipment, materials, and supplies;
(e) On-the-job training;
(f) Administrative expenses equal to fifteen percent of the total training costs;
(g) Subcontracted services with state institutions of higher education, private colleges or universities, or other federal, state, or local agencies;
(h) Contracted or professional services; and
(i) Issuance of certificates;
(13) "Project", a training arrangement which is the subject of an agreement entered into between the community college district or a state technical college and an employer to provide program services;
(14) "Total training costs", costs of training, including supplies, wages and benefits of instructors, subcontracted services, on-the-job training, training facilities, equipment, skill assessment and all program services excluding issuance of certificates.
178.893. A community college district or a state technical college, with the approval of the department of economic development in consultation with the office of administration, may enter into an agreement to establish a project and provide program services to an employer. As soon as possible after initial contact between a community college district or a state technical college and a potential employer regarding the possibility of entering into an agreement, the district or college shall inform the division of job development and training of the department of economic development and the office of administration about the potential project. The division of job development and training shall evaluate the proposed project within the overall job training efforts of the state to ensure that the project will not duplicate other job training programs. The department of economic development shall have fourteen days from receipt of the application to approve or disapprove projects. If no response is received by the community college or the state technical college within fourteen days the projects are approved. Any project that is disapproved must be in writing stating the reasons for the disapproval. If an agreement is entered into, the district and the employer shall notify the department of revenue within fifteen calendar days. An agreement may provide, but is not limited to:
(1) Payment of program costs, including deferred costs, which may be paid from one or a combination of the following sources:
(a) Funds appropriated by the general assembly from the Missouri junior college job training program fund and disbursed by the division of job development and training in respect of new jobs credit from withholding to be received or derived from new employment resulting from the project;
(b) Tuition, student fees, or special charges fixed by the board of trustees to defray program costs in whole or in part;
(c) Guarantee of payments to be received under paragraph (a) or (b) of this subdivision;
(2) Payment of program costs shall not be deferred for a period longer than ten years if program costs do not exceed five hundred thousand dollars, or eight years if program costs exceed five hundred thousand dollars from the date of commencement of the project;
(3) Costs of on-the-job training for employees, shall include wages or salaries of participating employees. Payments for on-the-job training shall not exceed the average of fifty percent of the total percent of the total wages paid by the employer to each participant during the period of training. Payment for on-the-job training may continue for up to six months after the placement of the participant in the new job;
(4) A provision which fixes the minimum amount of new jobs credit from withholding, or tuition and fee payments which shall be paid for program costs;
(5) Any payment required to be made by an employer is a lien upon the employer's business property until paid and has equal precedence with ordinary taxes and shall not be divested by a judicial sale. Property subject to the lien may be sold for sums due and delinquent at a tax sale, with the same forfeitures, penalties, and consequences as for the nonpayment of ordinary taxes. The purchasers at tax sale obtain the property subject to the remaining payments.
178.894. If an agreement provides that all or part of program costs are to be met by receipt of new jobs credit from withholding, such new jobs credit from withholding shall be determined and paid as follows:
(1) New jobs credit from withholding shall be based upon the wages paid to the employees in the new jobs;
(2) A portion of the total payments made by the employer pursuant to section 143.221, RSMo, shall be designated as the new jobs credit from withholding. Such portion shall be an amount equal to two and one-half percent of the gross wages paid by the employer for each of the first one hundred jobs included in the project and one and one-half percent of the gross wages paid by the employer for each of the remaining jobs included in the project. If business or employment conditions cause the amount of the new jobs credit from withholding to be less than the amount projected in the agreement for any time period, then other withholding tax paid by the employer pursuant to section 143.221, RSMo, shall be credited to the Missouri junior college job training fund by the amount of such difference. The employer shall remit the amount of the new jobs credit to the department of revenue in the manner prescribed in section 178.896. When all program costs, including the principal of, premium, if any, and interest on the certificates have been paid, the employer credits shall cease;
(3) The community college district or the state technical college participating in a project shall establish a special fund for and in the name of the project. All funds appropriated by the general assembly from the Missouri community college job training program fund and disbursed by the division of job development and training for the project and other amounts received by the district or college in respect of the project and required by the agreement to be used to pay program costs for the project shall be deposited in the special fund. Amounts held in the special fund may be used and disbursed by the district or college only to pay program costs for the project. The special fund may be divided into such accounts and subaccounts as shall be provided in the agreement, and amounts held therein may be invested in investments which are legal for the investment of the district's other funds;
(4) Any disbursement in respect of a project received from the division of job development and training under the provisions of sections 178.892 to 178.896 and the special fund into which it is paid may be irrevocably pledged by a junior college district or a state technical college for the payment of the principal of, premium, if any, and interest on the certificate issued by a junior college district or a state technical college to finance or refinance, in whole or in part, the project;
(5) The employer shall certify to the department of revenue that the credit from withholding is in accordance with an agreement and shall provide other information the department may require;
(6) An employee participating in a project will receive full credit for the amount designated as a new jobs credit from withholding and withheld as provided in section 143.221, RSMo;
(7) If an agreement provides that all or part of program costs are to be met by receipt of new jobs credit from withholding, the provisions of this subsection shall also apply to any successor to the original employer until such time as the principal and interest on the certificates have been paid.
178.895. 1. To provide funds for the present payment of the costs of new jobs training programs, a community college district or a state technical college may borrow money and issue and sell certificates payable from a sufficient portion of the future receipts of payments authorized by the agreement including disbursements from the Missouri community college job training program to the special fund established by the district or the college for each project. The total amount of outstanding certificates sold by all junior college districts and the state technical college shall not exceed twenty million dollars, unless an increased amount is authorized in writing by a majority of members of the Missouri job training joint legislative oversight committee. The certificates shall be marketed through financial institutions authorized to do business in Missouri. The receipts shall be pledged to the payment of principal of and interest on the certificates. Certificates may be sold at public sale or at private sale at par, premium, or discount of not less than ninety-five percent of the par value thereof, at the discretion of the board of trustees, and may bear interest at such rate or rates as the board of trustees shall determine, notwithstanding the provisions of section 108.170, RSMo, to the contrary. However, chapter 176, RSMo, does not apply to the issuance of these certificates. Certificates may be issued with respect to a single project or multiple projects and may contain terms or conditions as the board of trustees may provide by resolution authorizing the issuance of the certificates.
2. Certificates issued to refund other certificates may be sold at public sale or at private sale as provided in this section with the proceeds from the sale to be used for the payment of the certificates being refunded. The refunding certificates may be exchanged in payment and discharge of the certificates being refunded, in installments at different times or an entire issue or series at one time. Refunding certificates may be sold or exchanged at any time on, before, or after the maturity of the outstanding certificates to be refunded. They may be issued for the purpose of refunding a like, greater, or lesser principal amount of certificates and may bear a higher, lower, or equivalent rate of interest than the certificates being renewed or refunded.
3. Before certificates are issued, the board of trustees shall publish once a notice of its intention to issue the certificates, stating the amount, the purpose, and the project or projects for which the certificates are to be issued. A person may, within fifteen days after the publication of the notice, by action in the circuit court of a county in the district, appeal the decision of the board of trustees to issue the certificates. The action of the board of trustees in determining to issue the certificates is final and conclusive unless the circuit court finds that the board of trustees has exceeded its legal authority. An action shall not be brought which questions the legality of the certificates, the power of the board of trustees to issue the certificates, the effectiveness of any proceedings relating to the authorization of the project, or the authorization and issuance of the certificates from and after fifteen days from the publication of the notice of intention to issue.
4. The board of trustees shall determine if revenues provided in the agreement are sufficient to secure the faithful performance of obligations in the agreement.
5. Certificates issued under this section shall not be deemed to be an indebtedness of the state [or], the community college district, the state technical college or of any other political subdivision of the state and the principal and interest on such certificates shall be payable only from the sources provided in subdivision (1) of section 178.893 which are pledged in the agreement.
6. The department of economic development shall coordinate the new jobs training program, and may promulgate rules that districts and the state technical college will use in developing projects with new and expanding industrial new jobs training proposals which shall include rules providing for the coordination of such proposals with the service delivery areas established in the state to administer federal funds pursuant to the federal Job Training Partnership Act. No rule or portion of a rule promulgated under the authority of sections 178.892 to 178.896 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.
7. [No] A community college district [may] and the state technical college shall not sell certificates as described in this section after July 1, 1998.
178.896. 1. There is hereby established within the state treasury a special fund, to be known as the "Missouri Community College Job Training Program Fund", to be administered by the division of job development and training. The department of revenue shall credit to the community college job training program fund, as received, all new jobs credit from withholding remitted by employers pursuant to section 178.894. The fund shall also consist of any gifts, contributions, grants or bequests received from federal, private or other sources. The general assembly, however, shall not provide for any transfer of general revenue funds into the community college job training program fund. Moneys in the Missouri community college job training program fund shall be disbursed to the division of job development and training pursuant to regular appropriations by the general assembly. The division shall disburse such appropriated funds in a timely manner into the special funds established by community college districts and the state technical college for projects, which funds shall be used to pay program costs, including the principal of, premium, if any, and interest on certificates issued by the district to finance or refinance, in whole or in part, a project. Such disbursements by the division of job development and training shall be made to the special fund for each project in the same proportion as the new jobs credit from withholding remitted by the employer participating in such project bears to the total new jobs credit from withholding remitted by all employers participating in projects during the period for which the disbursement is made. Moneys for new jobs training programs established under the provisions of sections 178.892 to 178.896 shall be obtained from appropriations made by the general assembly from the Missouri community college job training program fund. All moneys remaining in the Missouri community college job training program fund at the end of any fiscal year shall not lapse to the general revenue fund, as provided in section 33.080, RSMo, but shall remain in the Missouri community college job training program fund.
2. The department of revenue shall develop such forms as are necessary to demonstrate accurately each employer's new jobs credit from withholding paid into the Missouri community college job training program fund. The new jobs credit from withholding shall be accounted as separate from the normal withholding tax paid to the department of revenue by the employer. Reimbursements made by all employers to the Missouri community college job training program fund shall be no less than all allocations made by the division of job development and training to all community college districts for all projects. The employer shall remit the amount of the new job credit to the department of revenue in the same manner as provided in sections 143.191 to 143.265, RSMo.
3. Sections 178.892 to 178.896 shall expire July 1, 2008."; and
Further amend the title and enacting clause accordingly.
Senator Maxwell moved that the above amendment be adopted, which motion prevailed.
Senator Maxwell offered SA 12:
SENATE AMENDMENT NO. 12
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Pages 132-148, Sections 7-23, by deleting all of said sections and inserting in lieu thereof the following:
"Section 7. Sections 7 to 22 of this act shall be known as the "Missouri Business Use Incentives for Large-Scale Development Act".
Section 8. As used in sections 7 to 22 of this act, the following terms mean:
(1) "Assessment", an amount of up to five percent of the gross wages paid in one year by an eligible industry to all eligible employees in new jobs;
(2) "Board", the Missouri development finance board as created by section 100.265, RSMo;
(3) "Certificates", the revenue bonds or notes authorized to be issued by the board pursuant to section 35 of this act;
(4) "Credit", the amount agreed to between the board and an eligible industry, but not to exceed the assessment attributable to the eligible industry's project;
(5) "Department", the Missouri department of economic development;
(6) "Director", the director of the department of economic development;
(7) "Economic development project":
(a) The acquisition of any real property by the board, the eligible industry, or its affiliate; or
(b) The fee ownership of real property by the eligible industry or its affiliate; and
(c) For both paragraphs (a) and (b) of subdivision (7) of this section, "economic development project" shall also include the development of the real property including construction, installation, or equipping of a project, including fixtures and equipment, and facilities necessary or desirable for improvement of the real property, including surveys; site tests and inspections; subsurface site work; excavation; removal of structures, roadways, cemeteries and other surface obstructions; filling, grading and provision of drainage, storm water retention, installation of utilities such as water, sewer, sewage treatment, gas, electricity, communications and similar facilities; off-site construction of utility extensions to the boundaries of the real property; and the acquisition, installation, or equipping of facilities on the real property, for use and occupancy by the eligible industry or its affiliates;
(8) "Eligible employee", a person employed on a full-time basis in a new job at the economic development project averaging at least thirty-five hours per week who was not employed by the eligible industry or a related taxpayer in this state at any time during the twelve-month period immediately prior to being employed at the economic development project;
(9) "Eligible industry", a business located within the state of Missouri which is engaged in interstate or intrastate commerce for the purpose of manufacturing, processing or assembling products, conducting research and development, or providing services in interstate commerce, office industries, or agricultural processing, but excluding retail health or professional services. "Eligible industry" does not include a business which closes or substantially reduces its operation at one location in the state and relocates substantially the same operation to another location in the state. This does not prohibit a business from expanding its operations at another location in the state provided that existing operations of a similar nature located within the state are not closed or substantially reduced. This also does not prohibit a business from moving its operations from one location in the state to another location in the state for the purpose of expanding such operation provided that the board determines that such expansion cannot reasonably be accommodated within the municipality in which such business is located, or in the case of a business located in an incorporated area of the county, within the county in which such business is located, after conferring with the chief elected official of such municipality or county and taking into consideration any evidence offered by such municipality or county regarding the ability to accommodate such expansion within such municipality or county. An eligible industry must:
(a) Invest a minimum of fifteen million dollars, or ten million dollars for an office industry, in an economic development project; and
(b) Create a minimum of one hundred new jobs for eligible employees at the economic development project or a minimum of five hundred jobs if the economic development project is an office industry;
(10) "New job", a job in a new or expanding eligible industry not including jobs of recalled workers, replacement jobs or jobs that formerly existed in the eligible industry in the state;
(11) "Office industry", a regional, national or international headquarters, a telemarketing operation, a computer operation, an insurance company, a depository institution or a credit card billing and processing center;
(12) "Program costs", all necessary and incidental costs of providing program services including payment of the principal of premium, if any, and interest on certificates, including capitalized interest, issued to finance a project, and funding and maintenance of a debt service reserve fund to secure such certificates. Program costs shall include:
(a) Obligations incurred for labor and obligations incurred to contractors, subcontractors, builders and materialmen in connection with the acquisition, construction, installation or equipping of an economic development project;
(b) The cost of acquiring land or rights in land and any cost incidental thereto, including recording fees;
(c) The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of acquisition, construction, installation or equipping of an economic development project which is not paid by the contractor or contractors or otherwise provided for;
(d) All costs of architectural and engineering services, including test borings, surveys, estimates, plans and specifications, preliminary investigations and supervision of construction, as well as the costs for the performance of all the duties required by or consequent upon the acquisition, construction, installation or equipping of an economic development project;
(e) All costs which are required to be paid under the terms of any contract or contracts for the acquisition, construction, installation or equipping of an economic development project; and
(f) All other costs of a nature comparable to those described in this subdivision;
(13) "Program services", administrative expenses of the board, including contracted professional services, and the cost of issuance of certificates.
Section 9. 1. The Missouri development finance board shall have, in addition to the powers provided to it in sections 100.250 to 100.297, RSMo, and with the approval of the department, all the powers necessary to carry out and effectuate the purposes and provisions of sections 7 to 22 of this act, including, but not limited to, the power to:
(1) Provide and finance economic development projects, pursuant to the provisions of sections 7 to 22 of this act, and cooperate with eligible industries in order to promote, foster and support economic development within the state;
(2) Conduct hearings and inquiries, in the manner and by the methods as it deems desirable, for the purpose of gathering information with respect to eligible industries and economic development projects, and for the purpose of making any determinations necessary or desirable in the furtherance of sections 7 to 22 of this act; and
(3) Negotiate the terms of, including the amount of project costs, and enter into financing agreements with eligible industries, and in connection therewith to acquire, convey, sell, mortgage, finance or otherwise dispose of any property, real or personal, loan bond proceeds, and permit the use of assessments, in connection with an economic development project, and to pay, or cause to be paid, in accordance with the provisions of a financing agreement, the program costs of an economic development project from any funds available therefor.
2. Certificates issued by the board pursuant to the provisions of sections 7 to 22 of this act shall not constitute an indebtedness or liability of the state of Missouri within the meaning of any state constitutional provision or statutory limitation, shall not constitute a pledge of the faith and credit of the state of Missouri, shall not be guaranteed by the credit of the state, and unless approved by a concurrent resolution of the general assembly, no certificate in default shall be paid by the state of Missouri.
Section 10. 1. The department, in conjunction with the board, shall establish the procedures and standards for the determination and approval of eligible industries and their economic development projects by the promulgation of rules or regulations in accordance with sections 7 to 22 of this act, chapter 536, RSMo, and section 620.1066, RSMo. These rules or regulations shall mandate the evaluation of the credit worthiness of eligible industries, the number of new jobs to be provided by an economic development project to residents of the state, and the likelihood of the economic success of the economic development project. No economic development project which will result in the replacement of facilities existing in the state shall be approved by the board.
2. With respect to each eligible industry making an application to the board for incentives, and with respect to the economic development project described in the application, the board shall request relevant information, documentation and other materials and make inquiries of the applicant as necessary or appropriate. After a diligent review of relevant materials and completion of its inquiries, the board may by resolution designate an economic development project.
Section 11. The board may enter into, with the approval of the department and in consultation with the office of administration, with any eligible industry, a financing agreement with respect to its economic development project. Subject to the inclusion of the mandatory provisions set forth in sections 7 to 22 of this act, the terms and provisions of each financing agreement shall be determined by negotiations between the board and the eligible industry.
Section 12. The financing agreement shall provide in substance that:
(1) It may be assigned by the eligible industry only upon the prior written consent of the board following the adoption of a resolution by the board to such effect; and
(2) Upon default by the eligible industry in any obligations under the financing agreement or other documents evidencing, securing or related to the eligible industry's obligations, the board shall have the right, at its option, to:
(a) Declare the financing agreement or other such documents in default;
(b) Accelerate and declare the total of all such payments due by the eligible industry and sell the economic development project at public, private, or judicial sale;
(c) Pursue any remedy provided under the financing agreement or other such documents;
(d) Be entitled to the appointment of a receiver by the circuit court wherein any part of the economic development project is located; and
(e) Pursue any other applicable legal remedy.
Section 13. After receipt of an application, the board may with the approval of the department, enter into an agreement with an eligible industry for a credit pursuant to sections 7 to 22 of this act if the board determines that all of the following conditions exist:
(1) The applicant's project will create new jobs that were not jobs previously performed by employees of the applicant in Missouri;
(2) The applicant's project is economically sound and will benefit the people of Missouri by increasing opportunities for employment and strengthening the economy of Missouri;
(3) The political subdivisions affected by the project have committed significant local incentives with respect to the project;
(4) Receiving the credit is a major factor in the applicant's decision to go forward with the project and not receiving the credit will result in the applicant not creating new jobs in Missouri;
(5) Awarding the credit will result in an overall positive fiscal impact to the state;
(6) There is at least one other state that the applicant verifies is being considered for the project; and
(7) A significant disparity is identified, using best available data in the projected costs for the applicant's project compared to the costs in the competing state, including the impact of the competing state's incentive programs. The competing state's incentive program shall include state, local, private and federal funds.
Section 14. In determining the credit that should be awarded, the board shall take into consideration the following factors:
(1) The economy of the county where the projected investment is to occur;
(2) The potential impact on the economy of Missouri;
(3) The payroll attributable to the project;
(4) The capital investment attributable to the project;
(5) The amount the average wage paid by the applicant exceeds the average wage paid within the county in which the project will be located;
(6) The costs to Missouri and the affected political subdivisions with respect to the project;
(7) The financial assistance that is otherwise provided by Missouri and the affected political subdivisions; and
(8) The magnitude of the cost differential between Missouri and the competing state.
Section 15. The board shall determine the amount and duration of a project and its associated assessments, credits and refunds. The credit amount may not exceed the estimated assessment. Assessments made for any project may not exceed a period of fifteen years.
Section 16. An agreement between the board and an eligible industry shall include all of the following:
(1) A detailed description of the project that is the subject of the agreement;
(2) A specific method for determining the number of new employees employed during a taxable year who are performing jobs not previously performed by an employee of the eligible industry;
(3) A requirement that the taxpayer shall annually report to the board the number of new employees who are performing jobs not previously performed by an employee, the total amount of salaries and wages paid to eligible employees in new jobs, and any other information the board needs to perform its duties pursuant to sections 7 to 22 of this act;
(4) A requirement that the taxpayer shall provide written notification to the director and the board not more than thirty days after the taxpayer makes or receives a proposal that would transfer the taxpayer's state tax liability obligations to a successor taxpayer;
(5) Any other performance conditions that the board and the director determine are appropriate; and
(6) A requirement that the taxpayer shall maintain operations at the project location for at least two times the number of years as the term of the tax credit.
Section 17. If the board determines that an eligible industry, which has received a credit pursuant to sections 7 to 22 of this act, is not complying with the requirements of the credit agreement or all of the provisions of sections 7 to 22 of this act, the board shall, after giving the industry an opportunity to explain the noncompliance, notify the department of revenue of the noncompliance and request a penalty. The board shall state the amount of the penalty, which may not exceed the sum of any previously allowed assessments pursuant to sections 7 to 22 of this act.
Section 18. On an annual basis, the director shall provide for an evaluation of the program. The evaluation shall include an assessment of the effectiveness of the program in creating new jobs in Missouri and of the revenue impact of the program. The director shall submit a report on the evaluation to the governor, the president pro tem of the senate, and the speaker of the house of representatives.
Section 19. An agreement between the board and an eligible industry shall provide that all or part of program costs are to be met by receipt of assessments. Assessments shall be based upon wages paid to eligible employees. If business or employment conditions cause the amount of the assessment to be less than the amount projected in the agreement for any time period, then a portion of withholding tax paid by the employer pursuant to sections 143.191 to 143.265, RSMo, may be credited to the board by the amount of such difference. The employer shall remit the amount of the assessment to the board. When all program costs, including the principal of, premium, if any, and interest on the certificates have been paid, the employer credits shall cease.
Section 20. 1. The board shall establish a special fund for and in the name of each project. All received by the board in respect of the project and required by the agreement to be used to
pay program costs for the project shall be deposited in the special fund. Amounts held in the special fund may be used and disbursed by the board only to pay program costs for the project.
2. Any disbursement in respect of a project pursuant to the provisions of sections 7 to 22 of this act, and the special fund into which it is paid, may be irrevocably pledged by the board for the payment of the principal of, premium, if any, and interest on the certificate issued by the board to finance or refinance, in whole or in part, the project.
3. The employer shall certify to the department of revenue that the assessment is in accordance with an agreement and shall provide other information the department may require.
4. If an agreement provides that all or part of program costs are to be met by receipt of assessments, the provisions of this section shall also apply to any successor to the original employer until such time as the principal and interest on the certificates have been paid.
Section 21. 1. To provide funds for the present payment of the costs of economic development projects, the board may borrow money and issue and sell certificates payable from a sufficient portion of the future receipts of payments authorized by the agreement. The total amount of outstanding certificates sold by the board shall not exceed thirty-five million dollars. This amount can be increased if authorized in writing by the commissioner of administration and the chairman of the senate appropriations committee and the chairman of the house budget committee. The receipts shall be pledged to the payment of principal of and interest on the certificates. Certificates may be sold at public sale or at private sale at par, premium, or discount of not less than ninety-five percent of the par value thereof, at the discretion of the board, and may bear interest at such rate or rates as the board shall determine, notwithstanding the provisions of section 108.170, RSMo, to the contrary. Certificates may be issued with respect to a single project or multiple projects and may contain terms or conditions as the board may provide by resolution authorizing the issuance of the certificates.
2. Certificates issued to refund other certificates may be sold at public sale or at private sale as provided in this section with the proceeds from the sale to be used for the payment of the certificates being refunded. The refunding certificates may be exchanged in payment and discharge of the certificates being refunded, in installments at different times or an entire issue or series at one time. Refunding certificates may be sold or exchanged at any time on, before, or after the maturity of the outstanding certificates to be refunded. They may be issued for the purpose of refunding a like, greater or lesser principal amount of certificates and may bear a higher, lower or equivalent rate of interest than the certificates being renewed or refunded.
3. The board shall determine if revenues provided in the agreement are sufficient to secure the faithful performance of obligations in the agreement.
4. Certificates issued pursuant to this section shall not be deemed to be an indebtedness of the state or the board or of any political subdivision of the state.
Section 22. 1. The approved company shall remit to the board a job development assessment fee, not to exceed five percent of the gross wages of each eligible employee whose job was created as a result of the economic development project, for the purpose of retiring bonds which fund the economic development project.
2. Any approved company remitting an assessment as provided in subsection 1 of this section shall make its payroll books and records available to the board at such reasonable times as the board shall request and shall file with the board documentation respecting the assessment as the board may require.
3. Any assessment remitted pursuant to subsection 1 of this section shall cease on the date the bonds are retired.
4. Any approved company which has paid an assessment for debt reduction shall be allowed a tax credit equal to the amount of the assessment. The tax credit may be claimed against taxes otherwise imposed by chapter 143 and 148, RSMo, except withholding taxes imposed under the provisions of sections 143.191 to 143.265, RSMo, which were incurred during the tax period in which the assessment was made.
5. The director of revenue shall issue a refund to the approved company to the extent that the amount of credits allowed in subsection 4 of this section exceed the amount of the approved company's income tax."; and
Further amend the title and enacting clause accordingly, and renumber remaining sections accordingly.
Senator Maxwell moved that the above amendment be adopted.
Senator Rohrbach offered SA 1 to SA 12, which was read:
SENATE AMENDMENT NO. 12
Amend Senate Amendment No. 12 to Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 10, Section 19, Line 17, by adding immediately after the word "then" on said line the following: "the employee shall credit to the board the amount of such difference, then".
Senator Rohrbach moved that the above amendment be adopted, which motion prevailed.
SA 12, as amended, was again taken up.
Senator Rohrbach offered SA 2 to SA 12, which was read:
SENATE AMENDMENT NO. 12
Amend Senate Amendment No. 12 to Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 11, Section 21, Lines 19-21, by deleting all of said lines following the "." on line 19.
Senator Rohrbach moved that the above amendment be adopted, which motion prevailed.
Senator Rohrbach offered SA 3 to SA 12, which was read:
SENATE AMENDMENT NO. 12
Amend Senate Amendment No. 12 to Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 3, Section 8, Line 24 of said page, by deleting the word "telemarketing" on said line and inserting in lieu thereof the word "telecommunications"; and
Further amend said bill, page and section, line 25, by deleting the words "a depositary institution" on said line.
Senator Rohrbach moved that the above amendment be adopted, which motion prevailed.
At the request of Senator Maxwell, HS for HCS for HB 1237, with SCS, SS for SCS and SA 12, as amended (pending), was placed on the Informal Calendar.
MESSAGES FROM THE HOUSE
The following messages were received from the House of Representatives through its Chief Clerk:
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SA 1, SA 2, SA 3 to HB 876 and has again taken up and passed HB 876, as amended.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HCS for HB 999, as amended, and has again taken up and passed SCS for HCS for HB 999.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SA 1, SA 2, SA 4, to HCS for HBs 1159, 842 and 799 and request the Senate to recede from its position or, failing to do so, grant the House a conference.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon and conferees be allowed to exceed the differences.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HB 905 and has taken up and passed CCS for HB 905.
Senator Johnson moved that the Senate refuse to recede from its position on SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409, as amended, and grant the House a conference thereon and that the conferees be allowed to exceed the differences, which motion prevailed.
Senator McKenna moved that the Senate refuse to recede from its position on SAs 1, 2 and 4 to HCS for HBs 1159, 842 and 799 and grant the House a conference thereon, which motion prevailed.
President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HCS for HB 991, as amended: Senators Staples, Banks, McKenna, Sims and Westfall.
Also,
President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409, as amended: Senators Johnson, Mathewson, Lybyer, Rohrbach and Westfall.
Also,
President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HCS for HBs 1159, 842 and 799, as amended: Senators McKenna, DePasco, Scott, Mueller and Treppler.
The President Pro Tem announced that all other business would be suspended and SCS for HCS for HB 1099, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.
On motion of Senator Banks, the Senate recessed until 2:00 p.m.
RECESS
The time of recess having expired, the Senate was called to order by Senator Staples.
Senator Kenney offered Senate Resolution No. 1417, regarding Mr. Jim Lemery, Lee's Summit, which was adopted.
Senator Kenney offered Senate Resolution No. 1418, regarding Betty Corlew, Lee's Summit, which was adopted.
Senator Maxwell moved that HS for HCS for HB 1237, with SCS, SS for SCS and SA 12, as amended (pending), be called from the Informal Calendar and again taken up for third reading and final passage, which motion prevailed.
SA 12, as amended, was again taken up.
Senator Maxwell moved that the above amendment be adopted, which motion prevailed.
Senator McKenna offered SA 13:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 98, Section 338.056, Lines 1 through 5 of said page, by deleting all of said lines and inserting in lieu thereof the following:
"4. Notwithstanding the provisions of subsection 2 of this section, a pharmacist may fill a prescription for a brand name drug by substituting a generically equivalent drug when generic substitution is allowed, in accordance with the laws of the state where the prescribing practitioner is located.".
Senator McKenna moved that the above amendment be adopted, which motion prevailed.
Senator McKenna offered SA 14:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 78, Section 144.030, Line 21 of said page, by inserting immediately after "items" the following: ", including samples and materials used to manufacture samples which may be dispensed by a practitioner authorized to dispense such samples".
Senator McKenna moved that the above amendment be adopted, which motion prevailed.
Senator Wiggins assumed the Chair.
Senator Flotron offered SA 15:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 155, Section B, Line 1, by inserting immediately before said line, the following:
"Section 27. 1. Beginning in 1997, and at least every four years thereafter, or earlier if requested by at least two members of the selection panel, an independent cost benefit analysis shall be prepared to evaluate the effectiveness of all programs operated by the department of economic development. Each analysis shall be conducted by a nationally recognized accounting firm or other firm possessing expertise in the field of cost benefit analysis and the use of econometric models. The criteria for the selection of such firm shall be etablished by a panel composed of the governor, the treasurer and the auditor, or their designees. The office of administration shall issue and administer the contracts. The result of each analysis shall be published and distributed to the governor, the speaker of the house of representatives, and the president pro tem of the senate.
2. Each analysis shall include, but not be limited to, the cost to the state and political subdivisions for each program, the direct state and indirect state benefits and the direct local and indirect local benefits associated with each program, the safeguards to protect noneconomic influences in the award of programs administered by the department, and the likelihood of the economic activity taking place without the program."; and
Further amend the title and enacting clause accordingly.
Senator Flotron moved that the above amendment be adopted, which motion prevailed.
Senator Flotron offered SA 16:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 96, Section 274.310, Line 17 of said page by inserting immediately after said line the following:
"305.230. 1. The state highways and transportation commission shall administer an aeronautics program within this state. The state commission shall encourage, foster and participate with the political subdivisions of this state in the promotion and development of aeronautics. The state commission may provide financial assistance in the form of grants from funds appropriated for such purpose to any political subdivision of this state acting independently or jointly or to the owner or owners of any privately owned airport designated as a reliever by the Federal Aviation Administration for the planning, acquisition, construction, improvement or maintenance of airports, or for other aeronautical purposes.
2. Any political subdivision of this state or the owner or owners of any privately owned airport designated as a reliever by the Federal Aviation Administration receiving state funds for the purchase, construction, or improvement, except maintenance, of an airport shall agree before any funds are paid to it to control by ownership or lease the airport for a period equal to the useful life of the project as determined by the state commission following the last payment of state or federal funds to it. In the event an airport authority ceases to exist for any reason, this obligation shall be carried out by the governing body which created the authority.
3. Unless otherwise provided, grants to political subdivisions or to the owner or owners of any privately owned airport designated as a reliever by the Federal Aviation Administration shall be made from the aviation trust fund. The aviation trust fund is a revolving trust fund exempt from the provisions of section 33.080, RSMo, relating to the transfer of funds to the general revenue funds of the state by the state treasurer. All interest earned upon the balance in the aviation trust fund shall be deposited to the credit of the same fund.
4. The moneys in the aviation trust fund shall be administered by the state commission and, when appropriated, shall be used for the following purposes:
(1) As matching funds on an up to eighty percent state/twenty percent local basis, except in the case where federal funds are being matched, when the ratio of state and local funds used to match the federal funds shall be fifty percent state/fifty percent local:
(a) For preventive maintenance of runways, taxiways and aircraft parking areas, and for emergency repairs of the same;
(b) For the acquisition of land for the development and improvement of airports;
(c) For the earthwork and drainage necessary for the construction, reconstruction or repair of runways, taxiways, and aircraft parking areas;
(d) For the construction, or restoration of runways, taxiways, or aircraft parking areas;
(e) For the acquisition of land or easements necessary to satisfy Federal Aviation Administration safety requirements;
(f) For the identification, marking or removal of natural or manmade obstructions to airport control zone surfaces and safety areas;
(g) For the installation of runway, taxiway, boundary, ramp, or obstruction lights, together with any work directly related to the electrical equipment;
(h) For the erection of fencing on or around the perimeter of an airport;
(i) For purchase, installation or repair of air navigational and landing aid facilities and communication equipment;
(j) For engineering related to a project funded under the provisions of this section and technical studies or consultation related to aeronautics;
(k) For airport planning projects including master plans and site selection for development of new airports, for updating or establishing master plans and airport layout plans at existing airports;
(l) For the purchase, installation, or repair of safety equipment and such other capital improvements and equipment as may be required for the safe and efficient operation of the airport;
(2) As total funds, with no local match:
(a) For providing air markers, windsocks, and other items determined to be in the interest of the safety of the general flying public;
(b) For the printing and distribution of state aeronautical charts and state airport directories on an annual basis, and a newsletter on a quarterly basis or the publishing and distribution of any public interest information deemed necessary by the state commission;
(c) For the conducting of aviation safety workshops;
(d) For the promotion of aerospace education.
5. The general assembly may appropriate to the aviation trust fund an amount not to exceed five million dollars in each fiscal year for the purposes of this section. If on January thirty-first of any year, the unobligated balance of the aviation trust fund exceeds five million dollars, no appropriation shall be made for the following fiscal year.
6. In the event of a natural or manmade disaster which closes any runway or renders inoperative any electronic or visual landing aid on an airport, any funds appropriated for the purpose of capital improvements or maintenance of airports may be made immediately available for necessary repairs once they are approved by the Missouri highway and transportation department. For projects designated as emergencies by the Missouri highway and transportation department, all requirements relating to normal procurement of engineering and construction services are waived."; and
Further amend the title and enacting clause accordingly.
Senator Flotron moved that the above amendment be adopted, which motion prevailed.
Senator Flotron offered SA 17:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 155, Section B, Line 22, by inserting immediately before said line the following:
"Section 27. Any nonprofit organization connected with a global community project directed toward the year 2004 and designated by the governing body of a city not within a county or a county with a population of over nine hundred thousand may authorize the use of a "St. Louis 2004" official emblem described in this section to be affixed on personalized license plates as provided in this section. Any vehicle owner may annually apply to a designated nonprofit organization for the use of the emblem. Upon annual application and payment of a twenty-five dollar emblem-use contribution to any designated nonprofit organization, such nonprofit organization shall issue to the vehicle owner, without further charge, an "emblem-use authorization statement", which shall be presented by the vehicle owner to the department of revenue at the time of registration. Upon presentation of the emblem-use authorization statement and payment of the fee required for personalized license plates in section 301.144, and other fees and documents which may be required by law, the department of revenue shall issue a personalized license plate, which shall bear the "St. Louis 2004" emblem described in this section, to the vehicle owner. The emblem design shall be approved by the governing bodies of a city not within a county and any county with a population of over nine hundred thousand. Each such license plate shall be embossed with the words "ST. LOUIS 2004" at the bottom of the plate. The license plate authorized by this section shall be made with fully reflective material with a common color scheme and design approved by the advisory committee established in section 301.129. The plates shall be clearly visible at night and shall be aesthetically attractive, as prescribed by section 301.130. A vehicle owner, who was previously issued a plate with the emblem authorized by this section who does not provide an emblem-use authorization statement at a subsequent time of registration, shall be issued a new plate which does not bear the prescribed emblem, as otherwise provided by law. The director of revenue shall make necessary rules and regulations for the enforcement of this section and shall design all necessary forms. Any contribution to a designated nonprofit organization derived from this section may be used for any civic purpose deemed appropriate by the nonprofit organization."; and
Further amend the title and enacting clause accordingly.
Senator Flotron moved that the above amendment be adopted, which motion prevailed.
Senator Flotron offered SA 18:
SENATE AMENDMENT NO. 18
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 149, Section 24, Line 10 of said page, by inserting immediately after "costs." the following: "However, such reimbursement shall not be less than twenty- five percent nor more than one hundred percent of the district's tax increment.".
Senator Flotron moved that the above amendment be adopted, which motion prevailed.
Senator Caskey offered SA 19:
SENATE AMENDMENT NO. 19
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 155, Section 26, Line 21 of said page, by inserting immediately after said line, the following:
"Section 27. Notwithstanding the pro-visions of any other law to the contrary, the governing body of any third class city with a population of at least fifteen thousand but not more than seventeen thousand inhabitants which is the county seat of a county of the fourth classification which has a state university located in such city may annex areas along a road or highway up to two miles from the existing boundaries of the city for the purpose of promoting economic development through the refurbishing of existing structures and the construction and maintenance of infrastructure and property for the enhancement of community development of an existing airport."; and
Further amend the title and enacting clause accordingly.
Senator Caskey moved that the above amendment be adopted, which motion prevailed.
Senator House offered SA 20:
SENATE AMENDMENT NO. 20
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 13, Section 67.641, Lines 13-20 of said page, by striking all of the underlined language from said lines and inserting in lieu thereof the following: ". State funds shall be appropriated to any county of the first class with a charter form of government which administers a convention and sports complex fund pursuant to the laws of this state and which has local matching funds available for construction of a convention and sports complex. The state funds appropriated shall be in an amount equal to the local matching funds available for use only on construction of a convention and sports complex".
Senator House moved that the above amendment be adopted.
Senator Lybyer offered SA 1 to SA 20, which was read:
Amend Senate Amendment No. 20 to Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 1, by deleting the word "shall" and inserting "may" on lines 3 and 7 of the amendment.
Senator Lybyer moved that the above amendment be adopted, which motion prevailed on a standing division vote.
Senator Bentley offered SA 2 to SA 20, which was read:
Amend Senate Amendment No. 20 to Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Lines 3 and 4, by deleting "with a charter form of government".
Senator Bentley moved that the above amendment be adopted, which motion failed.
Senator House moved that SA 20, as amended, be adopted, which motion failed.
Senator House offered SA 21:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 13, Section 67.641, Line 18 of said page, by striking "1997, for the" and inserting in lieu thereof the following: "1998, for the planning,".
Senator House moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Bentley, Ehlmann, Flotron and Kinder.
SA 21 failed of adoption by the following vote:
| Yeas--Senators | |||
| Bentley | Caskey | Clay | Curls |
| Ehlmann | House | Kenney | Moseley |
| Scott | Sims | Staples | Treppler |
| Westfall | Wiggins--14 | ||
| Nays--Senators | |||
| DePasco | Flotron | Goode | Graves |
| Howard | Johnson | Kinder | Klarich |
| Lybyer | Mathewson | Maxwell | McKenna |
| Melton | Mueller | Rohrbach | Russell |
| Singleton--17 | |||
| Absent--Senators | |||
| Banks | Quick | Schneider--3 | |
| Absent with leave--Senators--None | |||
Senator Goode offered SA 22:
SENATE AMENDMENT NO. 22
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 116, Section 620.1039, Line 11 of said page, by inserting immediately after said line, the following:
"643.310. 1. The commission may, by rule, establish a motor vehicle emissions inspection program under sections 643.300 to 643.355 for any urbanized portion of a nonattainment area located within the area described in subsection 1 of section 643.305, as determined by the local metropolitan planning organization, on the condition that the exemption of certain rural areas may not effect the credits available to the nonattainment area except for any portion of the nonattainment area which is located in a county of the first classification without a charter form of government with a population of less than one hundred thousand inhabitants according to the most recent decennial census, if the commission determines that such motor vehicle emissions inspection program is necessary in that area to comply with the requirements of subsection 1 of section 643.305, except that no motor vehicle emission inspection program shall be established under this section in any area for which the sale or dispensing of conventional gasoline for use in motor vehicles is prohibited under the federal Clean Air Act, as amended, 42 U.S.C. 7545. The commission shall ensure that, for each nonattainment area, the state implementation plan establishted under subsection 1 of section 643.305 incorporates and receives all applicable credits allowed by the United States Environmental Protection Agency for emission reduction programs in other nonattainment areas of like designation in other states. The commission shall ensure that emission reduction amounts established under subsection 2 of section 643.305 shall be consistent with and not exceed the emissions reduction amounts required by the United States Environmental Protection Agency for other nonattainment areas of like designation in other states. No motor vehicle emissions inspection program shall be required to comply with subsection 1 of section 643.305 unless the plan established thereunder takes full advantage of any changes in requirements or any agreements made or entered into by the United States Environmental Protection Agency and any entity or entities on behalf of a nonattainment area concerning compliance with National Ambient Air Quality Standards of the federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq., and the regulations promulgated thereunder. The air conservation commission shall request and it shall be the duty of the attorney general to bring, in a court of competent jurisdiction, an action challenging the authority of the United States Environmental Protection Agency to impose sanctions for failure to attain National Ambient Air Quality Standards and failure to provide for required emission reductions under the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq. The action shall seek to define the required emission reductions and the credits allowed for current and planned emission reductions measures. The air conservation commission shall request and it shall be the duty of the attorney general to bring an action to obtain injunctive relief to enjoin and restrain the imposition of sanctions on the state of Missouri under the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq., until all actions initiated under this section have been decided. Provisions of section 307.366, RSMo, to the contrary notwithstanding, the requirements of sections 643.300 to 643.355 shall apply to those areas designated by the commission under this section in lieu of the provisions of section 307.366, RSMo. On or before December 31, 1996, the department of natural resources and the Missouri state highway patrol shall enter into an interagency agreement covering all aspects of the administration and enforcement of section 307.366, RSMo, and sections 643.300 to 643.355.
2. The department shall [contract with one or more] license, subject to annual renewal, persons and specific locations to provide any motor vehicle emissions inspection program established under sections 643.300 to 643.355.
[3. The department may purchase the motor vehicle emissions inspection facilities pursuant to appropriations specifically provided for that purpose. The department may lease, sublease or license the facilities to the contractor or contractors for the purpose of fulfilling the obligations of the contract for the motor vehicle emissions inspection program.
4.] 3. The inspection program and license agreements shall satisfy the following criteria:
(1) There shall be an adequate number of stations licensed to ensure that no more than twenty percent of all persons residing in an affected nonattainment area reside farther than five miles from the nearest inspection station, and consideration shall be given to employment, locations and commuting patterns when [selecting] licensing the locations of the stations. When establishing the number and location of stations, public convenience shall be given highest priority, and the opportunity for financial viability of the stations shall also be considered;
(2) There shall be an adequate number of inspection lanes at each facility so that no more than five percent of all persons having an inspection are required to wait more than fifteen minutes before the inspection begins;
(3) There shall be at least three licensed stations which are capable of testing vehicles which operate only in a four-wheel- drive mode;
[(3)] (4) The days and daily hours of operation shall include at least those hours specified by the department, which shall include, at a minimum, twelve continuous hours of operation on all weekdays excepting federal holidays, and six continuous hours of operation on all Saturdays excepting federal holidays;
[(4)] (5) The emissions inspection program shall include a simulated on-road emissions inspection component, including pressure and purge tests, which satisfies at least the minimum requirements established by regulation of the United States Environmental Protection Agency for such components and tests and may include a visual inspection component;
[(5)] (6) The inspection stations shall be test-only stations and shall not offer motor vehicle emissions repairs, parts or services of any kind;
[(6)] (7) No person operating or employed by an emissions inspection station shall repair or maintain motor vehicle emission systems or pollution control devices for compensation of any kind[.];
(8) The inspections shall be performed by an inspector approved and certified by the commission and the inspector performing such inspections shall satisfy all applicable requirements of sections 643.300 to 643.355.
[5.] 4. The commission, the department of economic development and the office of administration shall, in cooperation with the minority business advocacy commission, select [the contractor or contractors] licensees to provide an inspection program which satisfies the [minimum] requirements of this section in accordance with the requirements of section 33.752, RSMo, and chapter 34, RSMo. The commission, the office of administration and the department of economic development, in cooperation with the minority business advocacy commission shall ensure adequate minority business participation, strive to promote racial and cultural diversity and give preference to owner operated and managed businesses in the selection of [the contractor or contractors] licensees to provide an inspection program under this section. The commission, the office of administration and the department of economic development shall ensure adequate participation of Missouri businesses in the selection of [the contractor or contractors] licensees to provide an inspection program under this section.
[6.] 5. With approval of the commission and under rules adopted by the commission, [an] any person, entity or organization [whose members are motor vehicle dealers or leasing companies] may establish one or more additional emissions inspection facilities, which may be either mobile or stationary, to be used solely to inspect motor vehicles owned and held for sale or lease by the person, entity or members of the organization. With approval of the commission and under rules adopted by the commission, any person operating a fleet of [five] one hundred or more motor vehicles may establish one or more additional emissions inspection facilities, which may be either mobile or stationary, to be used solely to inspect motor vehicles owned or leased and operated by the person establishing the facility. The inspections performed in facilities established under this subsection shall be performed by [a contractor selected] an inspector approved and certified by the commission [under this section] and the [contractor] inspector performing such inspections shall [be responsible solely to the department and shall] satisfy all applicable requirements of sections 643.300 to 643.355.
[7.] 6. Any person who owns Missouri analyzer system emission inspection equipment as defined by rule, used to provide emissions inspections under section 307.366, RSMo, at a facility located in an area in which an emissions inspection program has been established under sections 643.300 to 643.355 may, within twelve months of the implementation of an emissions inspection program under sections 643.300 to 643.355, sell such equipment, to the department of natural resources at current market value as established by an independent appraisal provided that the equipment is fully functional and has been maintained according to all applicable manufacturer's specifications and procedures. The department shall purchase such equipment using funds appropriated for that purpose from the Missouri air emission reduction fund. Any person who, prior to January 1, 1992, contracted to lease or lease purchase, or purchased by borrowing a portion of the funds secured by a chattel mortgage, Missouri Analyzer System emission inspection equipment used to provide emissions inspections under section 307.366, RSMo, at a facility located in an area in which an emissions inspection program has been established under sections 643.300 to 643.355, and has made all payments required under the contract, may, within twelve months of the implementation of an emissions inspection program under sections 643.300 to 643.355, request the department of natural resources to take possession of such equipment and assume all payment obligations owed on such equipment which obligations are not in excess of one hundred and twenty-five percent of the current market value as established by an independent appraisal, provided that the equipment is fully functional and has been maintained according to all applicable manufacturer's specifications and procedures. The department shall take possession of such equipment and pay such obligations using funds appropriated for that purpose from the Missouri air emission reduction fund.
643.315. 1. Except as provided in sections 643.300 to 643.355, all motor vehicles which are or are to be domiciled, registered or primarily operated in an area for which the commission has established a motor vehicle emissions inspection program under sections 643.300 to 643.355 shall be inspected and approved prior to sale or transfer. In addition, any such vehicle manufactured as an even-numbered model year vehicle shall be inspected and approved under the emissions inspection program established under sections 643.300 to 643.355 in each even-numbered calendar year and any such vehicle manufactured as an odd-numbered model year vehicle shall be inspected and approved under the emissions inspection program established under sections 643.300 to 643.355 in each odd-numbered calendar year. All motor vehicles subject to the inspection requirements of sections 643.300 to 643.355 shall display a valid emissions inspection sticker, and when applicable, a valid emissions inspection certificate shall be presented at the time of registration or registration renewal of such motor vehicle.
2. No emission standard established by the commission for a given make and model year shall [exceed the lesser] be more stringent than the less stringent of the following:
(1) The emission standard for that vehicle model year as established by the United States Environmental Protection Agency; or
(2) The emission standard for that vehicle make and model year as established by the vehicle manufacturer.
3. The inspection requirement of subsection 1 of this section shall apply to all motor vehicles except:
[(1) Motor vehicles with a manufacturer's gross vehicle weight rating in excess of eight thousand five hundred pounds;]
[(2)] (1) Motorcycles and motortricycles if such vehicles are exempted from the motor vehicle emissions inspection under federal regulation and approved by the commission by rule;
[(3)] (2) Model year vehicles prior to 1971;
[(4)] (3) Vehicles which are powered exclusively by electric or hydrogen power or by fuels other than gasoline which are exempted from the motor vehicle emissions inspection under federal regulation and approved by the commission by rule;
[(5)] (4) Motor vehicles registered in an area subject to the inspection requirements of sections 643.300 to 643.355 which are domiciled and operated exclusively in an area of the state not subject to the inspection requirements of sections 643.300 to 643.355, but only if the owner of such vehicle presents to the department an affidavit that the vehicle will be operated exclusively in an area of the state not subject to the inspection requirements of sections 643.300 to 643.355 for the next twenty-four months, and the owner applies for and receives a waiver which shall be presented at the time of registration or registration renewal; and
[(6)] (5) New and unused motor vehicles, of model years of the current calendar year and of any calendar year within two years of such calendar year, which have an odometer reading of less than six thousand miles at the time of original sale by a motor vehicle manufacturer or licensed motor vehicle dealer to the first user.
4. The commission may, by rule, allow inspection reciprocity with other states having equivalent or more stringent testing and waiver requirements than those established under sections 643.300 to 643.355.
5. (1) At the time of sale, a licensed motor vehicle dealer, as defined in section 301.250, RSMo, may choose to sell a motor vehicle subject to the inspection requirements of sections 643.300 to 643.355 either:
(a) With prior inspection and approval as provided in subdivision (2) of this subsection; or
(b) Without prior inspection and approval as provided in subdivision (3) of this subsection;
(2) If the dealer chooses to sell the vehicle with prior inspection and approval, the dealer shall disclose, in writing, prior to sale, whether the vehicle obtained approval by meeting the emissions standards established under sections 643.300 to 643.355 or by obtaining a waiver under section 643.335;
(3) If the dealer chooses to sell the vehicle without prior inspection and approval, the purchaser may return the vehicle within fourteen days of the date of purchase, provided that the vehicle has no more than one thousand additional miles since the time of sale, if the vehicle fails, upon inspection, to meet the emissions standards specified by the commission and the dealer shall have the vehicle inspected and approved without the option for a waiver of the emissions standard and return the vehicle to the purchaser with a valid emissions certificate and sticker within five working days, or the dealer shall either provide a full refund of the vehicle purchase price or provide a comparable vehicle until the original vehicle is returned to the purchaser with a valid emissions certificate and sticker. If the dealer cannot return the vehicle with a valid emissions certificate and sticker within fifteen additional working days, then, at the purchaser's option, the purchaser may return the vehicle to the dealer for a full refund of the vehicle purchase price, which may include a vehicle taken on trade or the amount allowed for a vehicle taken on trade or the purchaser and dealer may enter into any other mutually acceptable agreement. If the dealer chooses to sell the vehicle without prior inspection and approval, the dealer shall disclose conspicuously on the sales contract and bill of sale that the purchaser has the option to return the vehicle within fourteen days, provided that the vehicle has no more than one thousand additional miles since the time of sale, to have the dealer repair the vehicle and provide an emissions certificate and sticker within five working days if the vehicle fails, upon inspection, to meet the emissions standards established by the commission, or the dealer shall either provide a full refund of the vehicle purchase price or provide a comparable vehicle until the original vehicle is returned to the purchaser with a valid emissions certificate and sticker or, if the vehicle cannot be inspected and approved within fifteen additional working days, then the purchaser may choose to return the vehicle for a full refund, which may include a vehicle taken on trade or the amount allowed for a vehicle taken on trade, or enter into any mutually acceptable agreement with the dealer. A violation of this subdivision shall be an unlawful practice as defined in section 407.020, RSMo. No emissions inspection shall be required under sections 643.300 to 643.360 for the sale of any motor vehicle which may be sold without a certificate of inspection and approval, as provided under subsection 2 of section 307.380.
643.320. 1. The commission shall establish, by rule, procedures, standards, and requirements for the operation of emissions inspection stations and the conduct of emissions inspections.
2. The emissions inspection stations shall be operated in accordance with all requirements established by the commission under this section.
3. The department shall cause unannounced inspections to be made of the operation of each emissions inspection station at least [once] four times during each calendar year. The inspection may include submitting a known high emission vehicle for inspection without prior disclosure to the inspection station.
4. The department may require emissions inspection stations to furnish reports, upon forms furnished by the department for that purpose, that the department considers necessary for the administration of sections 643.300 to 643.355.
5. No emissions inspection required under sections 643.300 to 643.355 may be performed at an emissions inspection station unless there is conspicuously posted on the premises of the emissions inspection station a sign which is at least eight feet high and sixteen feet wide and which sign bears the legend: "This inspection is mandated by the United States Environmental Protection Agency under powers granted to it by your United States Senators and Representatives in Washington, D.C." A standard sign, designed by the department and containing letters of at least six inches in height, shall be used by all emissions inspection stations. Such signs shall be furnished by the department to each emissions inspection station at no cost to the station.
6. The commission shall establish, by rule, procedures, standards, and requirements for the certification of emissions inspectors and for the certification of repair technicians. In establishing procedures, standards, and requirements and in certifying inspectors or technicians pursuant to this section, the commission may adopt the tests, standards and certifications of a nationally-recognized accreditation organization for automotive emissions inspectors or automotive repair technicians. Any person who demonstrates his knowledge and ability to conduct an inspection in compliance with the procedures, standards and requirements established by the commission under this subsection may be issued a certificate to conduct inspections pursuant to sections 643.300 to 643.355.
643.335. 1. The commission shall establish, by rule, a waiver amount which may be lower for older model vehicles and which, prior to January 1, 2001, shall be no greater than seventy-five dollars for model year vehicles prior to 1981, no greater than two hundred dollars for model year vehicles of 1981 to 1996 and no greater than four hundred and fifty dollars for model year vehicles of 1997 and all subsequent model years. On and after January 1, 2001, the commission may, by rule, set the waiver amount, except that the waiver amount shall not exceed the waiver amount provided in the federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq., and the regulations promulgated thereunder for the enhanced motor vehicle emissions inspection.
2. The commission shall establish, by rule, a form and a procedure for verifying that repair and adjustment was performed on a failing vehicle prior to the granting of a waiver and approval.
3. The waiver form established under subsection 2 of this section shall be an affidavit requiring:
(1) A statement signed by the repairer that the specified work was done and stating the itemized charges for the work; and
(2) A statement signed by the emissions inspection contractor that an inspection of the vehicle verified, to the extent practical, that the specified work was done.
4. A vehicle which fails upon reinspection to meet the emissions standards specified by the commission shall have the emissions standards waived and receive approval only if the owner furnishes a complete, signed affidavit satisfying the requirements of subsection 3 of this section and the cost of the [repair] parts, repairs and adjustment work performed is equal to or greater than the waiver amount established by the commission. Costs for repair work may only be included toward reaching the waiver amount if the repairs are performed by a repair technician certified by the commission.
5. No cost for parts, repairs or adjustments shall be included toward reaching the waiver amount if such costs are covered by an emission control performance warranty provided by the manufacturer at no additional cost to the vehicle owner unless the vehicle owner provides, with the affidavit, a written denial of warranty remedy from the motor vehicle manufacturer, dealer or other person providing the warranty.
6. No cost for parts, repairs or adjustments shall be included toward reaching the waiver amount if such costs are required to correct the effects of tampering with emissions systems or air pollution control devices.
643.355. 1. Any person who knowingly misrepresents himself as an official emissions inspection station or a certified inspector or certified repair technician shall be guilty of a class C misdemeanor for the first offense and a class B misdemeanor for any subsequent offense. Any person who is found guilty or who has pleaded guilty to a violation of this subsection shall be considered to have committed an offense for the purposes of this subsection.
2. Any person who knowingly manufactures, conveys or possesses any counterfeit or illegally obtained emissions inspection certificate or a counterfeit or illegally obtained emissions inspection sticker shall be guilty of a class C misdemeanor for the first offense and a class B misdemeanor for any subsequent offense. Any person who is found guilty or who has pleaded guilty to a violation of this subsection shall be considered to have committed an offense for the purposes of this subsection.
3. Any person who knowingly displays or permits to be displayed, on any motor vehicle owned by such person, any counterfeit or illegally obtained emissions inspection sticker shall be guilty of an infraction.
4. Any person who knowingly uses any counterfeit or illegally obtained emissions inspection certificate for the purpose of obtaining any motor vehicle registration shall be guilty of an infraction for the first offense, a class C misdemeanor for the second offense and a class B misdemeanor for any subsequent offense.
5. Any person who knowingly operates a motor vehicle required to be inspected and approved under sections 643.300 to 643.355 without displaying a valid emissions inspection sticker as required under section 643.315 shall be guilty of an infraction for the first offense, a class C misdemeanor for the second offense and a class B misdemeanor for any subsequent offense.
6. Except as otherwise provided in this section, any person who violates a requirement of sections 643.300 to 643.355 or a rule promulgated to enforce sections 643.300 to 643.355 shall be guilty of an infraction.
7. The superintendent of the highway patrol may seize documents which the superintendent suspects are counterfeit or illegally obtained in violation of this section for the purpose of enforcing this section. Any person who violates any procedural requirement of sections 643.300 to 643.355 shall be subject to a fine, and such fine shall be not less than five times the amount of the fee charged pursuant to section 643.350 or one hundred dollars, whichever is greater, if the violation is intentional or one involving gross negligence.
8. The unincorporated areas of any county of the first classification without a charter form of government and with a population of at least eighty thousand shall be exempt from regulation under Rule 10-5.070 of the Code of State Regulations until such county has attained a population of at least one hundred thousand."; and
Further amend the title and enacting clause accordingly.
Senator Goode moved that the above amendment be adopted.
Senator Scott raised the point of order that SA 22 is out of order in that it goes beyond the subject matter of the bill.
The point of order was referred to the President Pro Tem, who ruled it not well taken.
SA 22 was again taken up.
Senator Goode moved that the above amendment be adopted, which motion prevailed on a standing division vote.
Senator Clay offered SA 23:
SENATE AMENDMENT NO. 23
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 38, Section 135.207, Line 6 of said page, by striking "thirty-two" and inserting in lieu thereof the word "four"; and further on line 7, by striking the word "thirty-eight" and inserting in lieu thereof the word "fifty-nine"; and
Further amend said bill, page 54, section 135.245, line 26 of said page, by inserting immediately after said line, the following:
"135.247. 1. Notwithstanding the provisions of sections 135.205, 135.207, and 135.210 or any other provisions to the contrary, any area having been designated by the United States Department of Housing and Urban Development as a federal empowerment zone or by the United States Department of Agriculture as an enterprise community pursuant to the federal Omnibus Budget Reconciliation Act of 1993, title XIII, chapter I, subchapter c, shall immediately upon such federal designation become and remain a state enterprise zone until the expiration of such federal designation.
2. The credits otherwise provided by sections 135.225 and 135.235, the exemption provided by section 135.220, and the refund provided by section 135.245 shall be available to any taxpayer who establishes and operates a new business facility located within a federal empowerment zone or enterprise community on the same terms and conditions specified in sections 135.100 to 135.256. The exemption provided in section 135.215 shall be available to any taxpayer who makes improvements to real property after the date the area is designated as a federal empowerment zone or enterprise community under the same terms and conditions specified in section 135.215.
3. Notwithstanding any provision of law to the contrary, retail businesses, as defined by SICs 52 through 59, recreational facilities, as defined by SIC 7999," shall be eligible for all benefits provided under the provisions of sections 135.200 to 135.256, if:
(1) Such retail business is located within a state-designated enterprise zone located wholly or partially within a federal empowerment zone or enterprise community; or
(2) Such retail business is located within a satellite enterprise zone, established pursuant to subdivision (3) of subsection 1 of section 135.207, whether or not such satellite zone is contained within a federal empowerment zone or enterprise community."; and
Further amend the title and enacting clause accordingly.
Senator Clay moved that the above amendment be adopted, which motion prevailed.
Senator Howard assumed the Chair.
Senator Moseley offered SA 24:
SENATE AMENDMENT NO. 24
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 73, Section 135.526, Line 13, by inserting after all of said line the following:
"144.011. 1. For purposes of sections 144.010 to 144.525 and 144.600 to 144.748, and the taxes imposed thereby, the definition of "retail sale" or "sale at retail" shall not be construed to include any of the following:
(1) The transfer by one corporation of substantially all of its tangible personal property to another corporation pursuant to a merger or consolidation effected under the laws of the state of Missouri or any other jurisdiction;
(2) The transfer of tangible personal property incident to the liquidation or cessation of a taxpayer's trade or business, conducted in proprietorship, partnership or corporate form, except to the extent any transfer is made in the ordinary course of the taxpayer's trade or business;
(3) The transfer of tangible personal property to a corporation solely in exchange for its stock or securities;
(4) The transfer of tangible personal property to a corporation by a shareholder as a contribution to the capital of the transferee corporation;
(5) The transfer of tangible personal property to a partnership solely in exchange for a partnership interest therein;
(6) The transfer of tangible personal property by a partner as a contribution to the capital of the transferee partnership;
(7) The transfer of tangible personal property by a corporation to one or more of its shareholders as a dividend, return of capital, distribution in the partial or complete liquidation of the corporation or distribution in redemption of the shareholder's interest therein;
(8) The transfer of tangible personal property by a partnership to one or more of its partners as a current distribution, return of capital or distribution in the partial or complete liquidation of the partnership or of the partner's interest therein;
(9) The transfer of reusable containers used in connection with the sale of tangible personal property contained therein for which a deposit is required and refunded on return;
(10) The purchase by persons operating eating or food service establishments, of items of a nonreusable nature which are furnished to the customers of such establishments with or in conjunction with the retail sales of their food or beverage. Such items shall include, but not be limited to, wrapping or packaging materials and nonreusable paper, wood, plastic and aluminum articles such as containers, trays, napkins, dishes, silverware, cups, bags, boxes, straws, sticks and toothpicks;
(11) The purchase by persons operating hotels, motels or other transient accommodation establishments, of items of a nonreusable nature which are furnished to the guests in the guests' rooms of such establishments and such items are included in the charge made for such accommodations. Such items shall include, but not be limited to, soap, shampoo, tissue and other toiletries;
[(11)] (12) The transfer of a manufactured home other than:
(a) A transfer which involves the delivery of the document known as the "Manufacturer's Statement of Origin" to a person other than a manufactured home dealer, as defined in section 700.450, RSMo, for purposes of allowing such person to obtain a title to the manufactured home from the department of revenue of this state or the appropriate agency or officer of any other state;
(b) A transfer which involves the delivery of a "Repossessed Title" to a resident of this state if the tax imposed by sections 144.010 to 144.525 was not paid on the transfer of the manufactured home described in paragraph (a) of this subdivision;
(c) The first transfer which occurs after December 31, 1985, if the tax imposed by sections 144.010 to 144.525 was not paid on any transfer of the same manufactured home which occurred before December 31, 1985; or
[(12)] (13) Charges for initiation fees or dues to:
(a) Fraternal beneficiaries societies, or domestic fraternal societies, orders or associations operating under the lodge system a substantial part of the activities of which are devoted to religious, charitable, scientific, literary, educational or fraternal purposes; or
(b) Posts or organizations of past or present members of the armed forces of the United States or an auxiliary unit or society of, or a trust or foundation for, any such post or organization substantially all of the members of which are past or present members of the armed forces of the United States or who are cadets, spouses, widows, or widowers of past or present members of the armed forces of the United States, no part of the net earnings of which inures to the benefit of any private shareholder or individual.
2. The assumption of liabilities of the transferor by the transferee incident to any of the transactions enumerated in the above subdivisions (1) to (8) of subsection 1 of this section shall not disqualify the transfer from the exclusion described in this section, where such liability assumption is related to the property transferred and where the assumption does not have as its principal purpose the avoidance of Missouri sales or use tax.";
Further amend the title and enacting clause accordingly.
Senator Moseley moved that the above amendment be adopted.
Senator Melton offered SA 1 to SA 24, which was read:
SENATE AMENDMENT NO. 1 TO
SENATE AMENDMENT NO. 24
Amend Senate Amendment No. 24 to Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 4, Section 144.011, Line 9, by inserting after the word "toiletries" the following: "and food or confectionery items offered to the guests without charge".
Senator Melton moved that the above amendment be adopted, which motion prevailed.
SA 24, as amended, was again taken up.
Senator Moseley moved that the above amendment be adopted, which motion prevailed.
Senator Moseley offered SA 25:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 73, Section 135.529, Line 13 of said page, by inserting immediately after said line, the following:
"143.782. As used in sections 143.782 to 143.788, unless the context clearly requires otherwise, the following terms shall mean and include:
(1) "Debt", any sum due and legally owed to any state agency which has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for that sum, or any support obligation which is being enforced by the division of family services on behalf of a person who is receiving support enforcement services pursuant to section 454.425, RSMo;
(2) "Debtor", any individual, sole proprietorship, partnership, corporation or other legal entity owing a debt;
(3) "Department", the department of revenue of the state of Missouri;
(4) "Refund", the Missouri income tax refund which the department determines to be due any taxpayer [under] pursuant to the provisions of this chapter. The amount of a refund shall not include any senior citizens property tax credit provided by sctions 135.010 to 135.035, RSMo; and
(5) "State agency", any department, division, board, commission, office, or other agency of the state of Missouri, including public community college districts."; and
Further amend the title and enacting clause accordingly.
Senator Moseley moved that the above amendment be adopted, which motion prevailed.
Senator Rohrbach offered SA 26:
SENATE AMENDMENT NO. 26
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 18, Section 94.875, Line 16 of said page, by inserting immediately following said line the following:
99.820. 1. A municipality may:
(1) By ordinance introduced in the governing body of the municipality within fourteen to ninety days from the completion of the hearing required in section 99.825, approve redevelopment plans and redevelopment projects, and designate redevelopment project areas pursuant to the notice and hearing requirements of sections 99.800 to 99.865. No redevelopment project shall be approved unless a redevelopment plan has been approved and a redevelopment area has been designated prior to or concurrently with the approval of such redevelopment project and the area selected for the redevelopment project shall include only those parcels of real property and improvements thereon substantially benefited by the proposed redevelopment project improvements;
(2) Make and enter into all contracts necessary or incidental to the implementation and furtherance of its redevelopment plan or project;
(3) Within a redevelopment area, subject to any constitutional limitations, acquire by purchase, donation, lease or eminent domain, own, convey, lease, mortgage, or dispose of, land and other property, real or personal, or rights or interests therein, and grant or acquire licenses, easements and options with respect thereto, all in the manner and at such price the municipality or the commission determines is reasonably necessary to achieve the objectives of the redevelopment plan. No conveyance, lease, mortgage, disposition of land or other property, acquired by the municipality, or agreement relating to the development of the property shall be made except upon the adoption of an ordinance by the governing body of the municipality. Furthermore, no conveyance, lease, mortgage, or other disposition of land or agreement relating to the development of property shall be made without making public disclosure of the terms of the disposition and all bids and proposals made in response to the municipality's request. The procedures for obtaining such bids and proposals shall provide reasonable opportunity for any person to submit alternative proposals or bids;
(4) Within a redevelopment area, clear any area by demolition or removal of existing buildings and structures;
(5) Within a redevelopment area, renovate, rehabilitate, or construct any structure or building;
(6) Install, repair, construct, reconstruct, or relocate streets, utilities, and site improvements essential to the preparation of the redevelopment area for use in accordance with a redevelopment plan;
(7) Within a redevelopment area fix, charge, and collect fees, rents, and other charges for the use of any building or property owned or leased by it or any part thereof, or facility therein;
(8) Accept grants, guarantees, and donations of property, labor, or other things of value from a public or private source for use within a redevelopment area;
(9) Acquire and construct public facilities within a redevelopment area;
(10) Incur redevelopment costs and issue obligations;
(11) Make payment in lieu of taxes, or a portion thereof, to taxing districts. If payments in lieu of taxes, or a portion thereof, are made to taxing districts, those payments shall be made, from the special allocation fund, to all districts within the area selected for a redevelopment project on a basis which is proportional to the current collections of revenue which each taxing district receives from real property in the area selected for a redevelopment project;
(12) If any member of the governing body of the municipality, a member of a commission established pursuant to subsection 2 of this section, or an employee or consultant of the municipality, involved in the planning and preparation of a redevelopment plan, or redevelopment project for a redevelopment area or proposed redevelopment area, owns or controls an interest, direct or indirect, in any property included in any redevelopment area, or proposed redevelopment area, he or she shall disclose the same in writing to the clerk of the municipality, and shall also so disclose the dates, terms, and conditions of any disposition of any such interest, which disclosures shall be acknowledged by the governing body of the municipality and entered upon the minutes books of the governing body of the municipality. If an individual holds such an interest then that individual shall refrain from any further official involvement in regard to such redevelopment plan, redevelopment project or redevelopment area, from voting on any matter pertaining to such redevelopment plan, redevelopment project or redevelopment area, or communicating with other members concerning any matter pertaining to that redevelopment plan, redevelopment project or redevelopment area. Furthermore, no such member or employee shall acquire any interest, direct or indirect, in any property in a redevelopment area or proposed redevelopment area after either (a) such individual obtains knowledge of such plan or project, or (b) first public notice of such plan, project or area pursuant to section 99.830, whichever first occurs.
2. Prior to adoption of an ordinance approving the designation of a redevelopment area or approving a redevelopment plan or redevelopment project, the municipality shall create a commission of [nine] eleven persons to be appointed as follows:
(1) Two members shall be appointed by the school boards whose districts are included within the redevelopment plan or redevelopment area. Such members shall be appointed in any manner agreed upon by the affected districts;
(2) One member shall be appointed, in any manner agreed upon by the affected districts, to represent all other districts levying ad valorem taxes within the area selected for a redevelopment project or the redevelopment area, excluding representatives of the governing body of the municipality; [and]
(3) Two members shall be appointed by the county of such municipality; and
[(3)] (4) Six members shall be appointed by the chief elected officer of the municipality with the consent of the majority of the governing body of the municipality. The members who are appointed by the school boards and other taxing districts shall serve on the commission for a term to coincide with the length of time a redevelopment project, redevelopment plan or designation of a redevelopment area, is considered for approval by the commission. Such term shall terminate upon final approval of the project, plan or designation of the area by the governing body of the municipality. Thereafter the commission shall consist of the six members appointed by the municipality, except that members representing school boards and other taxing districts shall be appointed as provided in this section prior to any amendments to any redevelopment plans, redevelopment projects or designation of a redevelopment area. If any school district or other taxing jurisdiction fails to appoint members of the commission within thirty days of receipt of written notice of a proposed redevelopment plan, redevelopment project or designation of a redevelopment area, the remaining members may proceed to exercise the power of the commission. Of the members first appointed by the municipality, two shall be designated to serve for terms of two years, two shall be designated to serve for a term of three years and two shall be designated to serve for a term of four years from the date of such initial appointments. Thereafter, the members appointed by the municipality shall serve for a term of four years, except that all vacancies shall be filled for unexpired terms in the same manner as were the original appointments.
3. The commission, subject to approval of the governing body of the municipality, may exercise the powers enumerated in this act except final approval of plans, projects and designation of redevelopment areas. The commission shall hold public hearings and provide notice pursuant to sections 99.825 and 99.830. The commission shall vote on all proposed redevelopment plans, redevelopment projects and designations of redevelopment areas, and amendments thereto, within thirty days following completion of the hearing on any such plan, project or designation and shall make recommendations to the governing body within ninety days of the hearing referred to in section 99.825 concerning the adoption of, or amendment to redevelopment plans, and redevelopment projects and the designation of redevelopment areas. The requirements of subsections 2 and 3 of this section shall not apply to redevelopment projects upon which the required hearings have been duly held prior to August 31, 1991." and
Further amend said bill by amending the title and enacting clause accordingly.
Senator Rohrbach moved that the above amendment be adopted.
Senator Flotron offered SA 1 to SA 26, which was read:
Amend Senate Amendment No. 26 to Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 2, Section 99.820, Line 38 of said page at the end of said line by adding the following:
"(4) One member appointed by the fire protection district of said area if it exists."; and further amend the paragraph numbers accordingly.
Senator Flotron moved that the above amendment be adopted, which motion failed.
Senator Rohrbach moved that SA 26 be adopted, which motion failed.
Senator Kenney offered SA 27:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 115, Section 620.1039, Line 2, by deleting "or 143.471," and insert in lieu thereof the following: ", 143.471 or 148.370"; and
Further amend said section, line 7, by inserting after "143" the following: "or Chapter 148"; and
Further amend said section, page 116, line 1, by placing brackets around the word "income" and on line 2, by inserting after "143" on said line the following "or Chapter 148".
Senator Kenney moved that the above amendment be adopted, which motion prevailed.
Senator Kenney offered SA 28:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 94, Section 260.831, Line 1 of said page, by inserting immediately after said line, the following:
"260.833. 1. Each operator of a solid waste sanitary or demolition landfill operated by a municipality located within a county of the first classification with a charter form of government containing part of a city within population of more than three hundred fifty thousand may, upon voter approval as detailed in section 260.835, collect a fee of fifteen cents per ton or its volumetric equivalent of solid waste accepted. Such fee may be collected in addition to any fee authorized or imposed pursuant to the provisions of sections 260.330 and 260.831, and may be paid to such operator by all political subdivisions, municipalities, corporations, entities or persons disposing of solid waste or demolition waste, whether pursuant to contract or otherwise, and notwithstanding that any such contract may provide for collection, transportation and disposal of such waste at a fixed fee. Any such contract providing for collections, transportation and disposal of such waste at a fixed fee which is in force on August 28, 1996, may be renegotiated by the parties to the contract to include the additional fee imposed by this section. Each such operator may submit the fee, less collection costs, to the city, which may dedicate such funds for use by the city and such funds may be used for the management and disposal of hazardous household waste. Collection costs may be the same as established by the department of natural resources pursuant to section 260.330, and may not exceed two percent of the amount collected pursuant to this section.
2. The fee established in this section may be enumerated separately from any disposal fee charged by the landfill. The fee authorized pursuant to this section may be stated as a separate surcharge on each individual solid waste collection customer's invoice and the invoice may also name the industrial development authority which receives the funds. Moneys transmitted to the city may be no less than the amount collected less collection costs and in a form, manner and frequency as the governing body may prescribe. Failure to collect such fee shall not relieve the operator from responsibility for transmitting an amount equal to the fee to the city.
260.835. 1. The governing body of any city described in section 260.833 is hereby authorized to impose, by ordinance, a fee as detailed in section 260.833. The fee authorized by this section shall be in addition to any and all other applicable fees allowed by law, except that no ordinance imposing a fee under the provisions of this section shall be effective unless the governing body of the city submits to the voters of the city and, at a state or municipal, primary or special election, a proposal to authorize the governing body of the city to impose or retain such a fee.
2. The ballot of submission shall contain, but need not be limited to, the following language:
Shall the city of . . . . . . . . . (City's name) allow a solid waste sanitary or demolition landfill to collect a fee of fifteen cents per ton or its volumetric equivalent of solid waste accepted for the purpose of management and disposal of hazardous household waste?
[ ] YES [ ] NO
If you are in favor of the question, place an "X" in the box opposite "Yes". If you are opposed to the question, place an "X" in the box opposite "No". If a majority of the votes cast on the proposal by the qualified voters voting thereon are in favor of the proposal, then the ordinance shall become effective sixty days thereafter. If a majority of the votes cast on the proposal by the qualified voters voting are opposed to the proposal, then the governing body of the city shall have no power to allow the fee herein authorized unless and until the governing body of the city shall again have submitted another proposal to authorize the governing body of the city to allow the fee authorized by section 260.833 and such proposal is approved by a majority of the qualified voters voting thereon.
3. All revenue received by a city from the fee authorized pursuant to the provisions of sections 260.833 and 260.835 shall be deposited in a special trust fund and shall be used by the governing body of the city as specified in section 260.833. Any funds in such special trust fund which are not needed for current expenditures may be invested by the governing body in accordance with applicable laws relating to the investment of other city funds."; and
Further amend the title and enacting clause accordingly.
Senator Kenney moved that the above amendment be adopted, which motion prevailed.
Senator Melton offered SA 29, which was read:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 17, Section 67.1000, Lines 4 and 5, by placing an opening bracket "[" before the word "more" on line 4 and a closing bracket "]" after the word "but" on line 5.
Senator Melton moved that the above amendment be adopted, which motion prevailed.
Senator Quick offered SA 30:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, page 54, Section 135.245, Line 26 of said page, by inserting immediately after said line the following:
"135.247. 1. Notwithstanding the provisions of sections 135.205, 135.207, and 135.210 or any other provisions to the contrary, any area having been designated by the United States Department of Housing and Urban Development as a federal empowerment zone or by the United States Department of Agriculture as an enterprise community pursuant to the federal Omnibus Budget Reconciliation Act of 1993, title XIII, chapter I, subchapter c, shall immediately upon such federal designation become and remain a state enterprise zone until the expiration of such federal designation.
2. The credits otherwise provided by sections 135.225 and 135.235, the exemption provided by section 135.220, and the refund provided by section 135.245 shall be available to any taxpayer who establishes and operates a new business facility located within a federal empowerment zone or enterprise community on the same terms and conditions specified in sections 135.100 to 135.256. The exemption provided in section 135.215 shall be available to any taxpayer who makes improvements to real property after the date the area is designated as a federal empowerment zone or enterprise community under the same terms and conditions specified in section 135.215.
3. Notwithstanding any provision of law to the contrary, retail businesses, as defined by SICs 52 through 59, and historical hotels, as defined by SIC 7011," shall be eligible for all benefits provided [under] pursuant to the provisions of sections 135.200 to 135.256, if:
(1) Such retail business is located within a state-designated enterprise zone located wholly or partially within a federal empowerment zone or enterprise community; or
(2) Such retail business is located within a satellite enterprise zone, established pursuant to subdivision (3) of subsection 1 of section 135.207, whether or not such satellite zone is contained within a federal empowerment zone or enterprise community."; and
Further amend the title and enacting clause accordingly.
Senator Quick moved that the above amendment be adopted, which motion prevailed.
Senator Ehlmann offered SA 31:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 14, Section 67.641, Line 1, by inserting immediately after "government" on said line, the following: "on August 28, 1989,".
Senator Ehlmann moved that the above amendment be adopted, which motion prevailed.
Senator Ehlmann offered SA 32:
SENATE AMENDMENT NO. 32
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 17, Section 67.1000, Line 20, by inserting after all of said line the following:
"71.015. 1. Should any city, town, or village, not located in any county of the first classification which has adopted a constitutional charter for its own local government, seek to annex an area to which objection is made, the following shall be satisfied:
(1) Before the governing body of any city, town, or village has adopted a resolution to annex any unincorporated area of land, such city, town, or village shall first as a condition precedent determine that the land to be annexed is contiguous to the existing city, town, or village limits and that the length of the contiguous boundary common to the existing city, town, or village limit and the proposed area to be annexed is at least fifteen percent of the length of the perimeter of the area proposed for annexation.
(2) The governing body of any city, town, or village shall propose an ordinance setting forth the following:
(a) The area to be annexed and affirmatively stating that the boundaries comply with the condition precedent referred to in subdivision (1) above;
(b) That such annexation is reasonable and necessary to the proper development of the city, town, or village;
(c) That the city has developed a "plan of intent" to provide services to the area proposed for annexation;
(d) That a public hearing shall be held prior to the adoption of the ordinance;
(e) When the annexation is proposed to be effective, the effective date being up to thirty-six months from the date of any election held in conjunction thereto.
(3) The city, town, or village shall fix a date for a public hearing on the ordinance and make a good faith effort to notify all fee owners of record within the area proposed to be annexed by certified mail, not less than thirty nor more than sixty days before the hearing, and notify all residents of the area by publication of notice in a newspaper of general circulation qualified to publish legal matters in the county or counties where the proposed area is located, at least [two weeks prior to] once a week for three consecutive weeks prior to the hearing, with at least one such notice being not more than twenty days and not less than ten days before the hearing.
(4) At the hearing referred to in subdivision (3), the city, town, or village shall present the "plan of intent" and evidence in support thereof to include:
(a) A list of major services presently provided by the city, town, or village including, but not limited to, police and fire protection, water and sewer systems, street maintenance, parks and recreation, refuse collection, etc.;
(b) A proposed time schedule whereby the city, town, or village plans to provide such services to the residents of the proposed area to be annexed within three years from the date the annexation is to become effective;
(c) The level at which the city, town, or village assesses property and the rate at which it taxes that property;
(d) How the city, town, or village proposes to zone the area to be annexed;
(e) When the proposed annexation shall become effective.
(5) Following the hearing, should the governing body of the city, town, or village vote favorably by ordinance to annex the area, then before proceeding as otherwise authorized by law or charter for annexation of unincorporated areas, file an action in the circuit court of the county in which such unincorporated area is situated, under the provisions of chapter 527, RSMo, praying for a declaratory judgment authorizing such annexation. The petition in such action shall state facts showing:
(a) The area to be annexed and its conformity with the condition precedent referred to in subdivision (1) of this subsection;
(b) That such annexation is reasonable and necessary to the proper development of the city, town, or village; and
(c) The ability of the city, town, or village to furnish normal municipal services of the city, town, or village to the unincorporated area within a reasonable time not to exceed three years after the annexation is to become effective. Such action shall be a class action against the inhabitants of such unincorporated area under the provisions of section 507.070, RSMo.
(6) Except as provided in subsection 3 of this section, if the court authorizes the city, town, or village to make an annexation, the legislative body of such city, town, or village shall not have the power to extend the limits of the city, town, or village by such annexation until an election is held at which the proposition for annexation is approved by a majority of the total votes cast in the city, town, or village and by a separate majority of the total votes cast in the unincorporated territory sought to be annexed. However, should less than a majority of the total votes cast in the area proposed to be annexed vote in favor of the proposal, but at least a majority of the total votes cast in the city, town, or village vote in favor of the proposal, then the proposal shall again be voted upon in not more than one hundred twenty days by both the registered voters of the city, town, or village and the registered voters of the area proposed to be annexed. If at least two-thirds of the qualified electors voting thereon are in favor of the annexation, then the city, town, or village may proceed to annex the territory. If the proposal fails to receive the necessary majority, no part of the area sought to be annexed may be the subject of another proposal to annex for a period of two years from the date of the election, except that, during the two-year period, the owners of all fee interests of record in the area or any portion of the area may petition the city, town, or village for the annexation of the land owned by them pursuant to the procedures in section 71.012. The elections shall if authorized be held, except as herein otherwise provided, in accordance with the general state law governing special elections, and the entire cost of the election or elections shall be paid by the city, town, or village proposing to annex the territory.
(7) Failure to comply in providing services to the said area or to zone in compliance with the "plan of intent" within three years after the effective date of the annexation, unless compliance is made unreasonable by an act of God, shall give rise to a cause of action for deannexation which may be filed in the circuit court by any resident of the area who was residing in the area at the time the annexation became effective.
(8) No city, town, or village which has filed an action under this section as this section read prior to May 13, 1980, which action is part of an annexation proceeding pending on May 13, 1980, shall be required to comply with subdivision (5) of this subsection in regard to such annexation proceeding[.];
(9) If the area proposed for annexation includes a public road or highway but does not include all of the land adjoining such road or highway, then such fee owners of record, of the lands adjoining said highway shall be permitted to intervene in the declaratory judgment action described in subdivision (5) of this subsection.
2. Notwithstanding any provision of subsection 1 of this section, for any annexation by any city with a population of three hundred fifty thousand or more inhabitants which is located in more than one county that becomes effective after August 28, 1994, if such city has not provided water and sewer service to such annexed area within three years of the effective date of the annexation, a cause of action shall lie for deannexation, unless the failure to provide such water and sewer service to the annexed area is made unreasonable by an act of God. The cause of action for deannexation may be filed in the circuit court by any resident of the annexed area who is presently residing in the area at the time of the filing of the suit and was a resident of the annexed area at the time the annexation became effective. If the suit for deannexation is successful, the city shall be liable for all court costs and attorney fees.
3. Notwithstanding the provisions of subdivision (6) of subsection 1 of this section, all cities, towns, and villages located in any county of the first classification with a charter form of government with a population of two hundred thousand or more inhabitants which adjoins a county with a population of nine hundred thousand or more inhabitants shall comply with the provisions of this subsection. If the court authorizes any city, town, or village subject to this subsection to make an annexation, the legislative body of such city, town or village shall not have the power to extend the limits of such city, town, or village by such annexation until an election is held at which the proposition for annexation is approved by a majority of the total votes cast in such city, town, or village and by a separate majority of the total votes cast in the unincorporated territory sought to be annexed; except that:
(1) In the case of a proposed annexation in any area which is contiguous to the existing city, town or village and which is within an area designated as flood plain by the Federal Emergency Management Agency and which is inhabited by no more than thirty registered voters and for which a final declaratory judgment has been granted prior to January 1, 1993, approving such annexation and where notarized affidavits expressing approval of the proposed annexation are obtained from a majority of the registered voters residing in the area to be annexed, the area may be annexed by an ordinance duly enacted by the governing body and no elections shall be required; and
(2) In the case of a proposed annexation of unincorporated territory in which no qualified electors reside, if at least a majority of the qualified electors voting on the proposition are in favor of the annexation, the city, town or village may proceed to annex the territory and no subsequent election shall be required.
If the proposal fails to receive the necessary separate majorities, no part of the area sought to be annexed may be the subject of any other proposal to annex for a period of two years from the date of such election, except that, during the two-year period, the owners of all fee interests of record in the area or any portion of the area may petition the city, town, or village for the annexation of the land owned by them pursuant to the procedures in section 71.012. The election shall, if authorized, be held, except as otherwise provided in this section, in accordance with the general state laws governing special elections, and the entire cost of the election or elections shall be paid by the city, town, or village proposing to annex the territory. Failure of the city, town or village to comply in providing services to the area or to zone in compliance with the "plan of intent" within three years after the effective date of the annexation, unless compliance is made unreasonable by an act of God, shall give rise to a cause of action for deannexation which may be filed in the circuit court by any resident of the area who was residing in such area at the time the annexation became effective or by any nonresident owner of real property in such area."; and
Further amend said bill, by amending the title and enacting clause accordingly.
Senator Ehlmann moved that the above amendment be adopted, which motion prevailed.
Senator Ehlmann offered SA 33:
SENATE AMENDMENT NO. 33
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 92, Section 172.273, Line 16 of said page, by inserting immediately after said line, the following:
"226.520. On and after March 30, 1972, no outdoor advertising shall be erected or maintained within six hundred sixty feet of the nearest edge of the right-of-way and visible from the main traveled way of any highway which is a part of the interstate or primary system in this state except the following:
(1) Directional and other official signs, including, but not limited to, signs pertaining to natural wonders, scenic and historical attractions, which are required or authorized by law, and which comply with regulations which shall be promulgated by department relative to their lighting, size, number, spacing and such other requirements as may be appropriate to implement sections 226.500 to 226.600, but such regulations shall not be inconsistent with, nor more restrictive than, such national standards as may be promulgated from time to time by the Secretary of the Department of Transportation of the United States, under subsection (c) of section 131 of Title 23 of the United States Code;
(2) Signs, displays, and devices advertising activities which are the primary activities conducted on the property upon which they are located, or services and products which are among the primary services and products therein provided;
(3) Outdoor advertising located in areas which are zoned industrial, commercial or the like as provided in sections 226.500 to 226.600 or under other authority of law;
(4) Outdoor advertising located in unzoned commercial or industrial areas as defined and determined pursuant to sections 226.500 to 226.600;
(5) Outdoor advertising for tourist oriented businesses, and scoreboards used in sporting events or other electronic signs with changeable messages which are not prohibited by federal regulations or local zoning ordinances. Outdoor advertising which is authorized by this subdivision (5) shall only be allowed to the extent that such outdoor advertising is not prohibited by Title 23, United States Code, section 131, as now or thereafter amended, and lawful regulations promulgated thereunder. The general assembly finds and declares it to be the policy of the state of Missouri that the tourism industry is of major and critical importance to the economic well-being of the state and that directional signs, displays and devices providing directional information about goods and services in the interest of the traveling public is essential to the economic welfare of the tourism industry. The general assembly further finds and declares that the removal of directional signs advertising tourist oriented businesses is harmful to the tourism industry in Missouri and that the removal of directional signs within or near areas of the state where there is high concentration of tourist oriented businesses would have a particularly harmful effect upon the economies within such areas. The state highways and transportation commission is authorized and directed to determine those specific areas of the state of Missouri in which there is high concentration of tourist oriented businesses, and within such areas, no directional signs, displays and devices which are lawfully erected, which are maintained in good repair, which provide directional information about goods and services in the interest of the traveling public, and which would otherwise be required to be removed because they are not allowed to be maintained under the provisions of sections 226.500 through 226.600 shall be required to be removed until such time as such removal has been finally ordered by the United States Secretary of Transportation;
(6) The provisions of this section shall not be construed to require removal of signs advertising churches or items of religious significance, items of native arts and crafts, woodworking in native products, or native items of artistic, historical, geologic significance, or hospitals or airports."; and
Further amend the title and enacting clause accordingly.
Senator Ehlmann moved that the above amendment be adopted.
Senator Maxwell raised the point of order that SA 33 is out of order in that the amendment goes beyond the purpose and scope of the bill.
The point of order was referred to the President Pro Tem, who ruled it well taken.
Senator Quick resumed the Chair.
Senator Ehlmann offered SA 34:
SENATE AMENDMENT NO. 34
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 155, Section B, Line 1, by inserting immediately before said line, the following:
"Section 27. 1. Notwithstanding any other provisions of law to the contrary, the authority to issue any new tax credits pursuant to any of the following sections shall terminate on December 31, 1997: sections 32.100 to 32.125, RSMo, sections 135.100 to 135.160, RSMo, and sections 135.200 to 135.256, RSMo.
2. Notwithstanding any other provisions of law to the contrary, the authority to issue any new tax credits pursuant to any of the following sections shall terminate on December 31, 1988: sections 135.350-135.363, and section 620.495, RSMo.
3. Notwithstanding any other provisions of law to the contrary, the authority to issue any new tax credits pursuant to any of the following sections shall terminate on December 31, 1999: sections 135.400 and 620.1039, RSMo, sections 173.196 to 173.199, RSMo, and sections 447.700 to 447.718, RSMo."; and
Further amend the title and enacting clause accordingly.
Senator Ehlmann moved that the above amendment be adopted, which motion prevailed.
Senator Scott offered SA 35, which was read:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 155, Section 26, Line 21, by inserting after said line the following:
"Section 27. Any managed care plan that offers health care coverage for children and mothers shall include all providers and pharmacists who provide services within the plan's geographical service area into the offered plan."; and further amend said title and enacting clause.
Senator Scott moved that the above amendment be adopted.
Senator Maxwell raised the point of order that the amendment goes beyond the scope and purpose of the bill.
The point of order was referred to the President Pro Tem, who ruled it well taken.
Senator Melton offered SA 36, which was read:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 124, Section 1, by removing said section; and further amend the title and enacting clause accordingly.
Senator Melton moved that the above amendment be adopted, which motion prevailed.
Senator Kinder offered SA 37:
SENATE AMENDMENT NO. 37
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 73, Section 135.529, Line 13, by inserting immediately after said line the following:
"143.451. 1. Missouri taxable income of a corporation shall include all income derived from sources within this state.
2. A corporation described in subdivision (1) of subsection 1 of section 143.441 shall include in its Missouri taxable income all income from sources within this state, including that from the transaction of business in this state and that from the transaction of business partly done in this state and partly done in another state or states. However:
(1) Where income results from a transaction partially in this state and partially in another state or states, and income and deductions of the portion in the state cannot be segregated, then such portions of income and deductions shall be allocated in this state and other state or states as will distribute to this state a portion based upon the portion of the transaction in this state and the portion in such other state or states.
(2) The taxpayer may elect to compute the portion of income from all sources in this state in the following manner:
(a) The income from all sources shall be determined as provided, excluding therefrom the figures for the operation of any bridge connecting this state with another state.
(b) The amount of sales which are transactions wholly in this state shall be added to one-half of the amount of sales which are transactions partly within this state and partly without this state, and the amount thus obtained shall be divided by the total sales or in cases where sales do not express the volume of business, the amount of business transacted wholly in this state shall be added to one-half of the amount of business transacted partly in this state and partly outside this state and the amount thus obtained shall be divided by the total amount of business transacted, and the net income shall be multiplied by the fraction thus obtained, to determine the proportion of income to be used to arrive at the amount of Missouri taxable income. The investment or reinvestment of its own funds, or sale of any such investment or reinvestment, shall not be considered as sales or other business transacted for the determination of said fraction.
(3) For the purposes of this section, a transaction involving the sale of tangible property is:
(a) "Wholly in this state" if both the seller's shipping point and the purchaser's destination point are in this state;
(b) "Partly within this state and partly without this state" if the seller's shipping point is in this state and the purchaser's destination point is outside this state, or the seller's shipping point is outside this state and the purchaser's destination point is in this state;
(c) Not "wholly in this state" or not "partly within this state and partly without this state" only if both the seller's shipping point and the purchaser's destination point are outside this state;
(d) [This subdivision shall not apply and subdivision (2) of subsection 2 of this section shall apply to transactions in which tangible property was moved from within this state to another state prior to shipment to the purchaser or in which both the seller's shipping point and the purchaser's destination point of tangible property are determined to be in states which do not have jurisdiction to impose a franchise or an income tax on the taxpayer regardless of whether the states impose such a tax;
(e)] For purposes of this subdivision the purchaser's destination point shall be determined without regard to the FOB point or other conditions of the sale, and the seller's shipping point is determined without regard to the location of the seller's principle office or place of business.
3. Any corporation described in subdivision (1) of subsection 1 of section 143.441 organized in this state or granted a permit to operate in this state for the transportation or care of passengers shall report its gross earnings within the state on intrastate business and shall also report its gross earnings on all interstate business done in this state which report shall be subject to inquiry for the purpose of determining the amount of income to be included in Missouri taxable income. The previous sentence shall not apply to a railroad.
4. A corporation described in subdivision (2) of subsection 1 of section 143.441 shall include in its Missouri taxable income all income arising from all sources in this state and all income from each transportation service wholly within this state, from each service where the only lines of such corporation used are those in this state, and such proportion of revenue from each service where the facilities of such corporation in this state and in another state or states are used, as the mileage used over the lines of such corporation in the state shall bear to the total mileage used over the lines of such corporation. The taxpayer may elect to compute the portion of income from all sources within this state in the following manner:
(1) The income from all sources shall be determined as provided;
(2) The amount of investment of such corporation on December thirty-first of each year in this state in fixed transportation facilities, real estate and improvements, plus the value on December thirty-first of each year of any fixed transportation facilities, real estate and improvements in this state leased from any other railroad shall be divided by the sum of the total amount of investment of such corporation on December thirty-first of each year in fixed transportation facilities, real estate and improvements, plus the value on December thirty-first of each year, of any fixed transportation facilities, real estate and improvements leased from any other railroad. Where any fixed transportation facilities, real estate or improvements are leased by more than one railroad, such portion of the value shall be used by each railroad as the rental paid by each shall bear to the rental paid by all lessees. The income shall be multiplied by the fraction thus obtained to determine the proportion to be used to arrive at the amount of Missouri taxable income.
5. A corporation described in subdivision (3) of subsection 1 of section 143.441 shall include in its Missouri taxable income one-half of the net income from the operation of a bridge between this and another state. If any such bridge is owned or operated by a railroad corporation or corporations, or by a corporation owning a railroad corporation using such bridge, then the figures for operation of such bridge may be included in the return of such railroad or railroads; or if such bridge is owned or operated by any other corporation which may now or hereafter be required to file an income tax return, one-half of the income or loss to such corporation from such bridge may be included in such return by adding or subtracting same to or from another net income or loss shown by the return.
6. A corporation described in subdivision (4) of subsection 1 of section 143.441 shall include in its Missouri taxable income all income arising from all sources within this state. Income shall include revenue from each telephonic or telegraphic service rendered wholly within this state; from each service rendered for which the only facilities of such corporation used are those in this state; and from each service rendered over the facilities of such corporation in this state and in other state or states, such proportion of such revenue as the mileage involved in this state shall bear to the total mileage involved over the lines of said company in all states. The taxpayer may elect to compute the portion of income from all sources within this state in the following manner:
(1) The income from all sources shall be determined as provided;
(2) The amount of investment of such corporation on December thirty-first of each year in this state in telephonic or telegraphic facilities, real estate and improvements thereon, shall be divided by the amount of the total investment of such corporation on December thirty-first of each year in telephonic or telegraphic facilities, real estate and improvements. The income of the taxpayer shall be multiplied by fraction thus obtained to determine the proportion to be used to arrive at the amount of Missouri taxable income.
7. From the income determined in subsections 2, 3, 4, 5 and 6 of this section to be from all sources within this state shall be deducted such of the deductions for expenses in determining Missouri taxable income as were incurred in this state to produce such income and all losses actually sustained in this state in the business of the corporation.
8. If a corporation derives only part of its income from sources within Missouri, its Missouri taxable income shall only reflect the effect of the following listed deductions to the extent applicable to Missouri. The deductions are: (a) its deduction for federal income taxes pursuant to section 143.171, and (b) the effect on Missouri taxable income of the deduction for net operating loss allowed by Section 172 of the Internal Revenue Code. The extent applicable to Missouri shall be determined by multiplying the amount that would otherwise affect Missouri taxable income by the ratio for the year of the Missouri taxable income of the corporation for the year divided by the Missouri taxable income for the year as though the corporation had derived all of its income from sources within Missouri. For the purpose of the preceding sentence, Missouri taxable income shall not reflect the listed deductions."; and
Further amend the title and enacting clause accordingly.
Senator Kinder moved that the above amendment be adopted, which motion prevailed.
Senator Rohrbach offered SA 38, which was read:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Pages 128-132, Sections 2-6, by deleting all of said sections; and further amend the title and enacting clause accordingly.
Senator Rohrbach moved that the above amendment be adopted, which motion prevailed.
Senator Goode offered SA 39:
SENATE AMENDMENT NO. 39
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 18, Section 94.875, Line 16, by inserting immediately after said line, the following:
"99.430. 1. Preparation and approval of redevelopment and urban renewal plans shall be carried out within the following regulations:
(1) An authority shall not acquire real property for a land clearance or urban renewal project unless the governing body of the community in which the land clearance project area or urban renewal project area is located has approved the redevelopment or urban renewal plan, as prescribed in subdivision (9) of this section.
(2) An authority shall not prepare a redevelopment or an urban renewal plan for a land clearance or urban renewal project area unless the governing body of the community in which the area is located has declared, by resolution or ordinance, the area to be a blighted, or insanitary area in need of redevelopment or in need of rehabilitation.
(3) An authority shall not recommend a redevelopment or urban renewal plan to the governing body of the community in which the land clearance or urban renewal project area is located until a general plan for the development of the community has been prepared.
(4) The authority itself may prepare or cause to be prepared a redevelopment or urban renewal plan or any person or agency, public or private, may submit such a plan to an authority. A redevelopment or urban renewal plan shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements and the proposed land uses and building requirements in the land clearance or urban renewal project area, and shall include without being limited to:
(a) The boundaries of the land clearance or urban renewal project area, with a map showing the existing uses and condition of the real property therein;
(b) A land use plan showing proposed uses of the area;
(c) Information showing the standards of population densities, land coverage and building intensities in the area after redevelopment or urban renewal;
(d) A statement of the proposed changes, if any, in zoning ordinances or maps, street layouts, street levels or grades, building codes and ordinances;
(e) A statement as to the kind and number of additional public facilities or utilities which will be required in the area after redevelopment or urban renewal; and
(f) A schedule indicating the estimated length of time needed for completion of each phase of the plan.
(5) Prior to recommending a redevelopment or urban renewal plan to the governing body for approval, an authority shall submit the plan to the planning agency, if any, of the community in which the land clearance or urban renewal project area is located for review and recommendations as to its conformity with the general plan for the development of the community as a whole. The planning agency shall submit its written recommendations with respect to the proposed redevelopment or urban renewal plan to the authority within thirty days after receipt of the plan for review. Upon receipt of the recommendations of the planning agency, or, if no recommendations are received within the thirty days, then without the recommendations, an authority may recommend the redevelopment or urban renewal plan to the governing body of the community for approval.
(6) Prior to recommending a redevelopment or urban renewal plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the land clearance or urban renewal project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted and harmonious development of the community and its environs which, in accordance with present and future needs, will promote health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, the prevention of the recurrence of insanitary or unsafe dwelling accommodations, or insanitary areas, or conditions of blight or deterioration, and the provision of adequate, safe and sanitary dwelling accommodations.
(7) The recommendation of a redevelopment or urban renewal plan by an authority to the governing body shall be accompanied by the recommendations, if any, of the planning commission concerning the redevelopment or urban renewal plan; a statement of the proposed method and estimated cost of the acquisition and preparation for redevelopment or urban renewal of the land clearance or urban renewal project area and the estimated proceeds or revenues from its disposal to redevelopers; a statement of the proposed method of financing the project; a statement of a feasible method proposed for the relocation of families to be displaced from the land clearance or urban renewal project area; and a schedule indicating the estimated length of time needed for completion of each phase of the plan.
(8) The governing body of the community shall hold a public hearing on any redevelopment or urban renewal plan or substantial modification thereof recommended by the authority, after public notice thereof by publication in a newspaper of general circulation in the community once each week for [two] three consecutive weeks, the last publication to be at least ten days prior to the date set for hearing. The governing body shall also post a notice at the main entrance to any commercial building, at the entrance to any residential street, and in other public areas within the area covered by the plan. The notices shall be posted at least 15 days prior to the hearing. The notice shall describe the time, date, place and purpose of the hearing and shall also generally identify the area to be covered by the plan. All interested parties shall be afforded at the public hearing a reasonable opportunity to express their views respecting the proposed redevelopment or urban renewal plan.
(9) Following the hearing, the governing body may approve a redevelopment or urban renewal plan if it finds that the plan is feasible and in conformity with the general plan for the development of the community as a whole. A redevelopment or urban renewal plan which has not been approved by the governing body when recommended by the authority may be recommended again to it with any modifications deemed advisable.
(10) A redevelopment or urban renewal plan may be modified at any time by the authority, provided that, if modified after the lease or sale of real property in the land clearance or urban renewal project area, the modification must be consented to by the redeveloper of the real property or his successor, or their successors in interest affected by the proposed modification. Where the proposed modification will substantially change the redevelopment or urban renewal plan as previously approved by the governing body, the modification must similarly be approved by the governing body.
2. As an alternative to the procedures prescribed in subdivisions (2) and (5) of subsection 1, an authority may find an area to be a blighted, insanitary or undeveloped area in need of redevelopment or rehabilitation, and simultaneously prepare a plan, or adopt a plan presented to the authority, and the authority may simultaneously recommend its finding of a blighted, insanitary or undeveloped area and the approval of a plan to the governing body of the community, and the governing body may make its finding that the area is blighted, insanitary or undeveloped and approve the plan simultaneously. Simultaneously with such recommendation of a finding of a blighted or insanitary or undeveloped industrial area and recommendation of a plan to the governing body for approval, an authority shall submit the finding of a blighted or insanitary or undeveloped area and the plan to the planning agency, if any, of the community in which the project area is located for review and recommendation as to the conformity of the plan to the general plan for the development of the community as a whole. The planning agency shall submit its written recommendations with respect to the finding of a blighted or insanitary or undeveloped industrial area and the plan to the authority and the local governing body within thirty days after receipt of the findings and the plan for review. Upon receipt of the recommendations of the planning agency, or, if no recommendations are received within the thirty days, then without the recommendations, the governing body may simultaneously approve the finding of a blighted or insanitary or undeveloped area and approve the plan in the manner prescribed in subdivisions (8) and (9) of subsection 1."; and
Further amend the title and enacting clause accordingly.
Senator Goode moved that the above amendment be adopted, which motion prevailed.
Senator Rohrbach offered SA 40, which was read:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Pages 58-73, Sections 135.500-135.529, by deleting said sections in their entirety; and further amend the title and enacting clause accordingly.
Senator Rohrbach moved that the above amendment be adopted.
Senator Howard resumed the Chair.
Senator Johnson assumed the Chair.
Senator Flotron offered SSA 1 for SA 40, which was read:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 61, Section 135.500, Lines 26-22 on page 62, by striking the complete sentence on said lines.
Senator Flotron moved that the above substitute amendment be adopted, which motion prevailed.
Senator Maxwell offered SA 41:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 155, Section 26, Line 21 of said page, by inserting immediately after said line, the following:
"Section 27. Any board, commission or other body politic, designated by a city or county to negotiate leases or development agreements regarding excursion gambling boat operations licensed pursuant to sections 313.800 to 313.850, RSMo, or such body that has been designated to make recom-mendations to the governing body of a city or county regarding activities licensed pursuant to sections 313.800 to 313.850, RSMo, may be subject to a background investigation by the Missouri gaming commission. The commission may report the results of its investigation to the governing body of the city or county."; and
Further amend the title and enacting clause accordingly.
Senator Maxwell moved that the above amendment be adopted.
Senator Howard offered SSA 1 for SA 41:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 155, Section 26, Line 21 of said page, by inserting immediately after said line, the following:
"Section 27. Any board, commission or other body, designated by a city or county to negotiate leases or development agreements regarding excursion gambling boat operations licensed pursuant to sections 313.800 to 313.850, RSMo, or such body that has been designated to make recom-mendations to the governing body of a city or county regarding activities licensed pursuant to sections 313.800 to 313.850, RSMo, may be subject to a background investigation by the Missouri gaming commission. The commission may report the results of its investigation to the governing body of the city or county.
Section 28. No member of the general assembly or any person within the first degree of consanguinity of such member may be employed by an excursion gambling boat:
(1) While such member is in office; or
(2) Within one year after such member leaves office."; and
Further amend the title and enacting clause accordingly.
Senator Howard moved that the above substitute amendment be adopted, which motion prevailed.
Senator Maxwell offered SA 42:
SENATE AMENDMENT NO. 42
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 98, Section 338.196, Line 12, by inserting after all of said line the following:
"370.366. 1. Upon compliance with any applicable laws of the United States and upon obtaining the approval of the directors of the division of finance and the division of credit unions within the department of economic development, any central credit union organized pursuant to section 370.365 may be converted under the laws of this state into a bank or trust company located in this state, or may be consolidated or merged with one or more banks or trust companies or central credit unions incorporated under the laws of the United States or any state under the charter of a bank or trust company incorporated under the laws of this state; provided, however, that the central credit union and its members must comply with the procedure, notice and voting requirements of sections 370.351 to 370.357, and that the approval of the director of finance shall not be required for transactions not involving a bank or trust company. The name of the resulting or surviving bank or trust company in the case of conversion, consolidation or merger may be the name of a party to the conversion, consolidation or merger, provided that in no case shall the name contain the word "national" or "federal" or be the same as or deceptively similar to the name of any bank or trust company incorporated under the laws of this state which is engaged in business at the time of the particular conversion, consolidation or merger and is not a party thereto.
2. (1) In the case of conversion the majority of the board of directors of the central credit union shall proceed as is provided by law for other individuals incorporating a bank or trust company under the laws of this state except that the articles of agreement:
(a) May provide that instead of the capital stock having actually been paid up in money it is to be paid up in assets of the converting central credit union, the net value of which is equal to at least the full amount of the capital stock of the proposed resulting bank or trust company which capital stock shall be no less than that required by law for a bank or trust company, as the case may be, to be located in the state of Missouri;
(b) Shall provide that the proposed resulting bank or trust company is and shall be considered the same business and corporate entity as, and a continuation of the corporate entity and identity of, the converting central credit union although as to rights, powers and duties the proposed resulting institution is a bank or trust company incorporated under the laws of the state of Missouri;
(c) Shall set out the names and addresses of all persons who are to be officers of the proposed bank or trust company; and
(d) Shall set out the manner as provided in subdivision (1) of section 370.356 in which the ownership interest of the members shall be converted into stock of the resulting bank or trust company which stock ownership by the member or shareholder shall be lawful for this sole purpose; provided, however, that the director of finance may reject any such application upon a determination that the statutory treatment accorded the members of the converting central credit union is not fair and reasonable.
(2) If the director of finance, as the result of an examination and investigation made by the division of finance, is satisfied that such assets are of such value and that the character, responsibility and general fitness of the persons named in the articles of agreement are such as to command confidence and warrant belief that the business of the proposed corporation will be honestly and efficiently conducted in accordance with the purpose and intent of the laws of this state relative to banks or trust companies, the director of finance shall grant the charter. If the director of finance is not satisfied, the director of finance shall forthwith give notice thereof to the majority of the board of directors of the converting central credit union who shall have the same right of appeal as is provided by the laws of this state in the case of the proposed incorporators of a new bank or trust company.
(3) Upon the approval of the particular conversion being granted, the director of finance shall execute and deliver to the majority of the board of directors of the converting central credit union a certificate declaring that the bank or trust company therein named has been duly organized and is the institution resulting from the conversion of the central credit union into the resulting bank or trust company, and that the resulting bank or trust company is and shall be considered the same business and corporate entity as, and a continuation of the corporate entity and identify of, the converting central credit union. The certificate shall be recorded in the office of the recorder of deeds of the county or city in which the resulting bank or trust company is located and the certificate so recorded, or certified copies thereof, shall be taken in all the courts of this state as evidence of the conversion of the central credit union into the resulting bank or trust company and that the resulting bank or trust company is the same business and corporate entity as, and a continuation of the corporate entity and identity of, the converting central credit union.
(4) When the director of finance has given a certificate as aforesaid:
(a) The resulting bank or trust company and all its stockholders, directors, officers, and employees shall have the same powers and privileges and be subject to the same duties and liabilities in all respects as if such an institution had originally been organized as a bank or trust company under the laws of this state;
(b) All the rights, franchises, and interests of the converting central credit union in and to every type of property, real, personal and mixed, and choses in action thereto belonging shall be deemed to be transferred to and vest in the resulting bank or trust company without any deed or other transfer; and
(c) The resulting bank or trust company by virtue of the conversion and without any order of any court or otherwise shall hold and enjoy the same and all rights of property and interests including, but not limited to, appointments, designations and nominations and all other rights and interests, as trustee, personal representative, conservator, receiver, registrar, assignee and every other fiduciary capacity in the same manner and to the same extent as these rights and interests were held or enjoyed by the converting central credit union at the time of its conversion into the resulting bank or trust company; provided, however, that its corporate powers shall be limited to those granted to a bank or trust company under the laws of this state.
3. In the case of consolidation or merger, the same shall be consummated by each federally chartered central credit union complying with the laws of the United States relating to the consent of its members, by each state chartered central credit union complying with sections 370.351 to 370.357 relating to the consent of its members, and also by each bank or trust company complying with the provisions of the laws of this state relating to consolidation or merger of banks or trust companies, except that where the resulting institution is a bank rather than a trust company the number and qualifications of directors and any requirement that directors shall or may be divided into classes shall be determined as provided by law for banks. The rights of dissenting shareholders of the bank or trust company shall be determined as provided by the laws of this state in the case of consolidation or merger of banks or trust companies. The rights of dissenting shareholders of the central credit union shall be determined as provided by section 370.356. In the case of consolidation or merger the resulting bank or trust company shall be considered the same business and corporate entity as, and a continuation of the corporate entity and identity of, each central credit union and each bank or trust company which is a party to the consolidation or merger."; and
Further amend title and enacting clause accordingly.
Senator Maxwell moved that the above amendment be adopted, which motion prevailed.
Senators Schneider and Maxwell offered SA 43:
SENATE AMENDMENT NO. 43
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 73, Section 135.529, Line 13 of said page, by inserting immediately after said line the following:
"143.121. 1. The Missouri adjusted gross income of a resident individual shall be his federal adjusted gross income subject to the modifications in this section.
2. There shall be added to his federal adjusted gross income:
(a) The amount of any federal income tax refund received for a prior year which resulted in a Missouri income tax benefit;
(b) Interest on certain governmental obligations excluded from federal gross income by section 103 of the Internal Revenue Code. The previous sentence shall not apply to interest on obligations of the state of Missouri or any of its political subdivisions or authorities and shall not apply to the interest described in subdivision (a) of subsection 3 of this section. The amount added under this paragraph shall be reduced by the amounts applicable to such interest that would have been deductible in computing the taxable income of the taxpayer except only for the application of section 265 of the Internal Revenue Code. The reduction shall only be made if it is at least five hundred dollars;
(c) Any expenditure made by a lobbyist to the extent the expenditure was deducted in arriving at federal adjusted gross income. The terms "expenditure" and "lobbyist" shall have the same meaning as defined in section 105.470, RSMo, and shall include expenditures made to "public officials" as defined in section 105.470;
(d) Any portion of dues paid by a member to a trade or professional association which are paid by such trade or professional association to a lobbyist.
3. There shall be subtracted from his federal adjusted gross income the following amounts to the extent included in federal adjusted gross income:
(a) Interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission or instrumentality of the United States to the extent exempt from Missouri income taxes under the laws of the United States. The amount subtracted under this paragraph shall be reduced by any interest on indebtedness incurred to carry the described obligations or securities and by any expenses incurred in the production of interest or dividend income described in this paragraph. The reduction in the previous sentence shall only apply to the extent that such expenses including amortizable bond premiums are deducted in determining his federal adjusted gross income or included in his Missouri itemized deduction. The reduction shall only be made if the expenses total at least five hundred dollars;
(b) The portion of any gain, from the sale or other disposition of property having a higher adjusted basis to the taxpayer for Missouri income tax purposes than for federal income tax purposes on December 31, 1972, that does not exceed such difference in basis. If a gain is considered a long-term capital gain for federal income tax purposes, the modification shall be limited to one-half of such portion of the gain;
(c) The amount necessary to prevent the taxation under sections 143.011 to 143.996 of any annuity or other amount of income or gain which was properly included in income or gain and was taxed under the laws of Missouri for a taxable year prior to January 1, 1973, to the taxpayer, or to a decedent by reason of whose death the taxpayer acquired the right to receive the income or gain, or to a trust or estate from which the taxpayer received the income or gain;
(d) Accumulation distributions received by a taxpayer as a beneficiary of a trust to the extent that the same are included in federal adjusted gross income;
(e) The amount of any state income tax refund for a prior year which was included in the federal adjusted gross income;
(f) The portion of capital gain specified in subsection 3 of section 135.357, RSMo, that would otherwise be included in federal adjusted gross income.
4. There shall be added to or subtracted from his federal adjusted gross income the taxpayer's share of the Missouri fiduciary adjustment provided in section 143.351.
5. There shall be added to or subtracted from his federal adjusted gross income the modifications provided in section 143.411."; and
Further amend the title and enacting clause accordingly.
Senator Schneider moved that the above amendment be adopted, which motion prevailed.
Senator Kinder offered SA 44:
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 112, Section 620.482, Line 12 of said page, by inserting after the comma "," the following: "proprietary schools as defined in section 173.600, RSMo,".
Senator Kinder moved that the above amendment be adopted, which motion failed.
Senator Maxwell moved that SS for SCS for HS for HCS for HB 1237, as amended, be adopted, which motion prevailed.
Senator Maxwell was recognized to close.
Senator Howard resumed the Chair.
President Pro Tem Mathewson referred SS for SCS for HS for HCS for HB 1237, as amended, to the Committee on State Budget Control.
HB 809, with SCA 1, introduced by Representatives Shields and Tate, entitled:
An Act to repeal section 190.145, RSMo 1994, relating to licensing of certain emergency personnel, and to enact in lieu thereof one new section relating to the same subject.
Was called from the Informal Calendar and taken up by Senator Johnson.
SCA 1 was taken up.
Senator Johnson moved that the above amendment be adopted, which motion failed.
Senator Johnson offered SS for HB 809, entitled:
An Act to repeal sections 190.015, 190.043, 190.055, 190.060, 190.073, 190.093, 190.095, 190.100, 190.105, 190.110, 190.115, 190.120, 190.125, 190.130, 190.135, 190.140, 190.141, 190.145, 190.150, 190.155, 190.160, 190.165, 190.171, 190.175, 190.180, 190.190, 190.235, 190.237, 190.239, 190.243, 190.245 and 190.247, RSMo 1994, section 190.145 as enacted by the second regular session of the eighty-eighth general assembly in senate bill no. 530 and delivered to the governor on April 22, 1996, relating to emergency services, and to enact in lieu thereof twenty-seven new sections relating to the same subject.
Senator Johnson moved that SS for HB 809 be adopted.
Senator Johnson offered SA 1:
Amend Senate Substitute for House Bill No. 809, Page 40, Section 190.205, Lines 22-23, by striking the following: "or retrospectively deny payment".
Senator Johnson moved that the above amendment be adopted.
Senator Caskey raised the point of order that SS for HB 809 is out of order in that the substitute goes beyond the scope and purpose of the original bill.
The point of order was referred to the President Pro Tem, who ruled it well taken.
HB 809 was again taken up.
Senator Johnson offered SS No. 2 for HB 809, entitled:
An Act to repeal section 190.145 as enacted by the second regular session of the eighty-eighth general assembly in senate bill no. 530 and delivered to the governor on April 22, 1996, relating to ambulance operators, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.
Senator Johnson moved that SS No. 2 for HB 809 be adopted.
Senator Banks offered SA 1, which was read:
Amend Senate Substitute No. 2 for House Bill No. 809, Page 3, Section 190.145, Line 11, by inserting, immediately following said section and line, the following new section:
"1. Notwithstanding anything herein to the contrary, ground ambulance services located in a city not within a county may maintain their ambulance service areas, and nothing in this act shall authorize the limitation or other restriction of the ambulance service area of ground ambulance services located in a city not within a county."; and
Further amend the title and enacting clause accordingly.
Senator Banks moved that the above amendment be adopted, which motion prevailed.
Senator Melton offered SA 2, which was read:
Amend Senate Substitute No. 2 for House Bill No. 809, Page 2, Section 190.145, Line 16, by deleting the word "incorporates" and substituting therefor the words "consists of"; and
Further amend said section, page 3, line 5, by deleting the word "incorporates" and substituting the words "consists of".
Senator Melton moved that the above amendment be adopted, which motion prevailed on a standing division vote.
Senator Johnson moved that SS No. 2 for HB 809, as amended, be adopted, which motion prevailed.
On motion of Senator Johnson, SS No. 2 for HB 809, as amended, was read the 3rd time and passed by the following vote:
| Yeas--Senators | |||
| Banks | Bentley | Caskey | Clay |
| Curls | DePasco | Ehlmann | Flotron |
| Goode | Graves | Howard | Johnson |
| Kenney | Kinder | Klarich | Mathewson |
| McKenna | Melton | Moseley | Mueller |
| Quick | Rohrbach | Russell | Schneider |
| Scott | Sims | Singleton | Treppler |
| Westfall | Wiggins--30 | ||
| Nays--Senators | |||
| Lybyer | Maxwell--2 | ||
| Absent--Senator Staples--1 | |||
| Absent with leave--Senator House--1 | |||
The emergency clause was adopted by the following vote:
| Yeas--Senators | |||
| Banks | Bentley | Caskey | Clay |
| Curls | DePasco | Ehlmann | Flotron |
| Goode | Graves | Howard | Johnson |
| Kenney | Kinder | Klarich | Lybyer |
| Mathewson | Maxwell | McKenna | Melton |
| Moseley | Mueller | Quick | Rohrbach |
| Russell | Schneider | Scott | Sims |
| Singleton | Treppler | Westfall | Wiggins--32 |
| Nays--Senators--None | |||
| Absent--Senator Staples--1 | |||
| Absent with leave--Senator House--1 | |||
Senator Johnson moved that the vote by which the bill passed be reconsidered.
Senator Banks moved that motion lay on the table, which motion prevailed.
Senator DePasco, on behalf of the conference committee appointed to act with a like committee from the House on HB 905, as amended, submitted the following conference committee report:
CONFERENCE COMMITTEE REPORT ON
HOUSE BILL NO. 905
Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Bill No. 905, as amended, begs leave to report that we, after free and fair discussion of the differences between the Senate and the House, have agreed to recommend and do recommend to the respective bodies as follows:
1. That the House recede from its position on House Bill No. 905 and Senate Committee Amendment No. 1 and Senate Amendment No. 1 to House Bill No. 905;
2. That the Senate recede from its position on House Bill No. 905 with Senate Amendment No. 1, Senate Committee Amendment No. 1 and Senate Amendment No. 2;
3. That the attached Conference Committee Substitute be adopted.
FOR THE SENATE: FOR THE HOUSE:
/s/ Ronnie DePasco /s/ Henry Rizzo
/s/ Ed Quick /s/ C. Ross
/s/ Irene Treppler /s/ Pat Kelly
/s/ Bill McKenna /s/ May Scheve
/s/ John T. Russell /s/ Charles Q. Troupe
Senator DePasco moved that the above conference committee report be adopted, which motion prevailed by the following vote:
| Yeas--Senators | |||
| Banks | Caskey | Clay | Curls |
| DePasco | Flotron | Goode | Howard |
| Johnson | Lybyer | Mathewson | Maxwell |
| McKenna | Moseley | Quick | Russell |
| Schneider | Scott | Sims | Treppler |
| Westfall | Wiggins--22 | ||
| Nays--Senators | |||
| Bentley | Ehlmann | Graves | Kenney |
| Kinder | Klarich | Melton | Mueller |
| Rohrbach | Singleton--10 | ||
| Absent--Senator Staples--1 | |||
| Absent with leave--Senator House--1 | |||
CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 905
An Act to repeal sections 197.305 and 344.030, RSMo 1994, relating to the creation of a department of aging and the care of the elderly, and to enact in lieu thereof eight new sections relating to the same subject, with a contingent effective date for certain sections.
Was read the 3rd time and passed by the following vote:
| Yeas--Senators | |||
| Banks | Caskey | Clay | Curls |
| DePasco | Goode | Howard | Lybyer |
| Mathewson | Maxwell | McKenna | Moseley |
| Quick | Russell | Schneider | Scott |
| Staples | Treppler | Westfall | Wiggins--20 |
| Nays--Senators | |||
| Bentley | Ehlmann | Flotron | Graves |
| Kenney | Kinder | Klarich | Melton |
| Mueller | Rohrbach | Sims | Singleton--12 |
| Absent--Senator Johnson--1 | |||
| Absent with leave--Senator House--1 | |||
On motion of Senator DePasco, title to the bill was agreed to.
Senator DePasco moved that the vote by which the bill passed be reconsidered.
Senator Banks moved that motion lay on the table, which motion prevailed.
Senator Caskey moved that HCS for HBs 800, 812, 817 and 821, with SCS and SS No. 2 for SCS (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.
SS No. 2 for SCS for HCS for HBs 800, 812, 817 and 821 was again taken up.
At the request of Senator Caskey, SS No. 2 for SCS for HCS for HBs 800, 812, 817 and 821 was withdrawn.
Senator Caskey offered SS No. 3 for SCS for HCS for HBs 800, 812, 817 and 821, entitled:
SENATE SUBSTITUTE NO. 3 FOR
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILLS NOS. 800, 812, 817 & 821
An Act to repeal sections 195.017, 217.730, 317.001, 367.011, 367.021, 367.031, 367.040, 367.043, 367.044, 367.045, 367.047, 367.048, 367.049, 367.050, 479.020, 542.276, 544.170, 546.680, 556.037, 562.021, 562.026, 569.170, 570.210, 574.085, 575.010, 575.020, 575.030, 575.090, 590.110, 595.025 and 595.045, RSMo 1994, sections 544.157, 549.525, 565.084 and 600.042, RSMo Supp. 1995, and section 544.216 as enacted by the second regular session of the eighty-eighth general assembly in conference committee substitute for senate substitute no. 2 for senate substitute for house bill no. 1047 and signed by the governor on March 13, 1996, relating to crime, and to enact in lieu thereof fifty-six new sections relating to the same subject, with penalty provisions and an emergency clause for certain sections.
Senator Caskey moved that SS No. 3 for SCS for HCS for HBs 800, 812, 817 and 821 be adopted.
President Pro Tem Mathewson resumed the Chair.
Senator Sims offered SA 1, which was read:
Amend Senate Substitute No. 3 for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 800, 812, 817 and 821, Page 76, Section 566.083, by deleting section 566.083; and further amend the title and enacting clause accordingly.
Senator Sims moved that the above amendment be adopted, which motion prevailed.
Senator Klarich offered SA 2, which was read:
Amend Senate Substitute No. 3 for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 800, 812, 817 and 821, Pages 24-25, Section 221.355, Lines 10-7 of said pages, by deleting said section; and further amend the title and enacting clause accordingly.
Senator Klarich moved that the above amendment be adopted, which motion failed on a standing division vote.
Senator Ehlmann offered SA 3:
SENATE AMENDMENT NO. 3
Amend Senate Substitute No. 3 for Senate Committee Substitute for House Committee Substitute for House Bill No. 800, 812, 817 and 821, Page 55, Section 542.276, Line 14, by inserting immediately after the word "warrant" the following:
". If facts are provided by a person fulfilling a plea arrangement or a person convicted of a felony, additional facts shall be presented by the peace officer or prosecuting attorney seeking the warrant showing that the person has a proven record of reliability as an informant or which corroborate the facts provided by the person."
Senator Ehlmann moved that the above amendment be adopted, which motion prevailed.
Senator Johnson resumed the Chair.
Senator Ehlmann offered SA 4:
SENATE AMENDMENT NO. 4
Amend Senate Substitute No. 3 for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 800, 812, 817 and 821, Page 26, Section 317.001, Line 25, by inserting immediately after said line, the following:
"317.006. 1. The director of the department of economic development shall have general charge and supervision of all boxing, sparring, wrestling, and full-contact karate exhibitions held in the state of Missouri, and he shall have the power, and it shall be his duty:
(1) To make and publish rules governing in every particular boxing, sparring, wrestling and full-contact karate exhibitions;
(2) To accept applications for and issue licenses to contestants in boxing excepting amateur boxing, sparring, wrestling, and full-contact karate exhibitions held in the state of Missouri, and referees, judges, matchmakers, managers, promoters, seconds excepting seconds in amateur boxing, announcers, timekeepers and physicians involved in boxing, sparring, wrestling, and full-contact karate exhibitions held in the state of Missouri, as authorized herein. Such licenses shall be issued in accordance with rules duly adopted by the department;
(3) To accept application for and issue licenses to any bona fide patriotic, benevolent, fraternal or religious organization, or local unit thereof, desiring to promote or sponsor boxing, sparring, wrestling, and full-contact karate exhibitions, which has been in existence and has held meetings at regular intervals during the year immediately preceding the granting of the license, and to revoke the same at his pleasure. Such applications shall designate the city or unincorporated area in which the organization or local unit thereof intends to operate, and the license granted shall entitle such organization, or local unit thereof, to conduct such boxing, sparring, wrestling, and full-contact karate exhibitions in that city or unincorporated area, and no other;
(4) To charge fees to be determined by the director and established by rule for every license issued and to assess a tax of five percent of the gross receipts of any person, organization, corporation or association holding a license or permit under sections 317.001 to 317.021, derived from admission charges connected with or as an incident to the holding of any boxing, sparring, wrestling, or full-contact karate exhibition in this state; provided, however, that no patriotic, benevolent, fraternal, educational, or religious organization which conducts an amateur boxing match, where the contestants do not receive a monetary consideration for their services, shall be required to pay any percentage of the gross receipts from any source connected with or incident to the holding of said amateur boxing match. Such funds shall be paid to the division of taxation and collection in the department of revenue which shall pay said funds into the state treasury to be set apart into a fund to be known as the "athletic fund";
(5) To assess a tax of one percent of the gross receipts of any person, organization, corporation or association holding a license or permit under sections 317.001 to 317.021, derived from the sale, lease or other exploitation of broadcasting, television, closed-circuit telecast, and motion picture rights for any boxing, sparring, wrestling, or full-contact karate exhibition in this state; provided, however, that no patriotic, benevolent, fraternal, educational, or religious organization which conducts an amateur boxing match, where the contestants do not receive a monetary consideration for their services, shall be required to pay any percentage of the gross receipts from any source connected with or incident to the holding of the amateur boxing match. Such funds shall be paid to the division of taxation and collection in the department of revenue which shall pay said funds into the state treasury to be set apart into a fund to be known as the "athletic fund".
(6) To assess a tax of twenty-five percent of the gross receipts of any person, organization, corporation, partnership, limited liability company or association derived from the sale, lease or other exploitation of any broadcasting, television, closed-circuit telecast, pay-per-view and motion picture rights for any combative fighting contest. Such funds shall be paid to the department of economic development, the division of professional registration, which shall pay said funds into the state treasury to be set apart into the "athletic fund";
(7) Each cable television system operator whose pay-per-view facilities are utilized to telecast a combative fighting contest shall, within thirty calendar days following the date of the telecast, file a report with the department of economic development, division of professional registration and office of athletics, stating the number of orders sold and the price per order.
2. All fees established pursuant to sections 317.001 to 317.021 shall be determined by the director by rule in such amount as to produce sufficient revenue to fund the necessary expenses and operating costs incurred in the administration of the provisions of sections 317.001 to 317.021. All expenses shall be paid as otherwise provided by law."; and
Further amend the title and enacting clause accordingly.
Senator Ehlmann moved that the above amendment be adopted, which motion prevailed.
Senator Howard offered SA 5:
SENATE AMENDMENT NO. 5
Amend Senate Substitute No. 3 for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 800, 812, 817 and 821, Page 103, Section 5, Line 24 of said page, by inserting immediately after said line the following:
"Section 5. No law enforcement officer, other than an elected sheriff, an elected chief of police, or an elected marshal, who possesses the duty and power of arrest for violations of the criminal laws of this state or for violations of ordinances of counties or municipalities of this state under section 590, RSMo, shall be dismissed, demoted, or suspended by a law enforcement agency without just cause."; and
Further amend the title and enacting clause accordingly.
Senator Howard moved that the above amendment be adopted, which motion failed.
Senator Scott offered SA 6:
Amend Senate Substitute No. 3 for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 800, 812, 817 and 821, Page 86, Section 577.120, Line 2, by inserting after all of said line the following:
"578.005. As used in sections 578.005 to [578.023] 578.050, the following terms shall mean:
(1) "Adequate care", normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health in a specific species of animal;
(2) "Adequate control", to reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal, or property;
(3) "Animal", every living vertebrate except a human being;
(4) "Animal baiting", to provoke or harass an animal with an implement of one or more animals, for the purpose of training an animal for, or to cause an animal to engage in fights with or among other animals or a person, including wrestling;
(5) "Animal shelter", a facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other not for profit organization devoted to the welfare, protection, and humane treatment of animals;
(6) "Exhibition or event", an assemblage which is conducted for the purpose of fighting or wrestling animals as the primary or secondary purpose;
[(5)] (7) "Farm animal", an animal raised on a farm or ranch and used or intended for use in farm or ranch production, or as food or fiber;
[(6)] (8) "Harbor", to feed or shelter an animal at the same location for three or more consecutive days;
[(7)] (9) "Humane killing", the destruction of an animal accomplished by a method approved by the American Veterinary Medical Association's Panel on Euthanasia (JAVMA 173: 59-72, 1978); or more recent editions, but animals killed during the feeding of pet carnivores shall be considered humanely killed;
[(8)] (10) "Owner", in addition to its ordinary meaning, any person who keeps or harbors an animal or professes to be owning, keeping, or harboring an animal;
[(9)] (11) "Person", any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity;
[(10)] (12) "Pests", birds, rabbits, or rodents which damage property or have an adverse effect on the public health, but shall not include any endangered species listed by the United States Department of the Interior nor any endangered species listed in the Wildlife Code of Missouri[.];
(13) "Spectator", one who is present and watches, as an onlooker, at an exhibition or event;
(14) "Surgical alteration", the cutting of combs, removing teeth, removing claws, severing muscle or tendons for the purpose of making an animal more suitable for fighting, wrestling or as bait.
578.030. 1. Notwithstanding the provisions of section 43.200, RSMo, [notwithstanding,] any member of the state highway patrol or other law enforcement officer may apply for and serve a warrant, and shall have the power of search and seizure in order to enforce the provisions of sections 578.025 to 578.050.
2. Any member of the state highway patrol or other law enforcement officer making an arrest [under section] pursuant to sections 578.025 to 578.050 shall lawfully take possession of all dogs, fowls, birds or other animals and all paraphernalia, implements, or other property or things used or employed, or about to be employed, in the violation of any of the provisions of [section] sections 578.025 to 578.050. Such officer, after taking possession of such dogs, animals, fowls, birds, paraphernalia, implements or other property or things, shall file with the court before whom the complaint is made against any person so arrested an evidentiary affidavit and the officer's affidavit, stating therein the name of the person charged in such complaint, a description of the property so taken and the time and place of the taking thereof together with the name of the person from whom the same was taken and the name of the person who claims to own such property, if known, and that the affiant has reason to believe and does believe, stating the ground of such belief, that the property so taken was used or employed, or was about to be used or employed, in such violation of [section] sections 578.025 to 578.050. He shall thereupon deliver the property so taken to the court, which shall, by order in writing, place the same in the custody of an officer or other proper person named and designated in such order, to be kept by him until the conviction or final discharge of such person complained against, and shall send a copy of such order without delay to the prosecuting attorney of the county. Impounded animals will be handled as directed in sections 578.016 to 578.018. The officer or person so named and designated in such order shall immediately thereupon assume the custody of such property and shall retain the same, subject to the order of the court before which such person so complained against may be required to appear for trial. Upon the conviction of the person so charged, all property so seized shall be adjudged by the court to be forfeited and shall thereupon be destroyed or otherwise disposed of as the court may order. In the event of the acquittal or final discharge without conviction of the person so charged, such court shall, on demand, direct the delivery of such property [so held in custody] as remains to the owner thereof.
578.050. 1. A person is guilty of the crime of animal fighting if such person:
(1) Owns, possesses, keeps, trains or surgically alters any animal, fowl or bird, with the intent that such animal, fowl or bird shall be engaged in an exhibition of fighting or wrestling with another animal, fowl, bird or person. Such surgical alteration shall be considered prima facie evidence of the owner's intent to commit the crime of animal fighting or wrestling;
(2) For amusement or gain, causes any animal, fowl or bird to fight with another animal, fowl or bird or to be used for animal baiting with another animal, fowl or bird; or
(3) Knowingly permits or promotes any event or exhibition as described in subdivision (1) or (2) of this subsection to be done on any premises under his ownership, charge or control, or aids or abets any such act.
2. Animal fighting is a class D felony.
3. Any person who is intentionally or knowingly present as a spectator at any place, building or structure where preparations are being made for an event in violation of subdivision (1) or (2) of subsection 1 of this section or where an event is taking place in violation of such subdivisions is guilty of a class A misdemeanor.
[578.050. Any person who shall keep or use, or in any way be connected with or interested in the management of, or shall receive money for the admission of any person to any place kept or used for the purpose of fighting or baiting any bull, bear, cock or other creature, except dogs, and any person who shall encourage, aid or assist or be present thereat, or who shall permit or suffer any place belonging to him or under his control to be so kept or used, shall, on conviction thereof, be guilty of a class A misdemeanor.]"; and
Further amend said substitute, in the title and enacting clause accordingly.
Senator Scott moved that the above amendment be adopted, which motion failed.
Senator Moseley offered SA 7:
SENATE AMENDMENT NO. 7
Amend Senate Substitute No. 3 for Senate Committee Substitute for House Committee Substitute for House Bill No. 800, 812, 817, and 821, Page 83, Section 575.030, Line 12, by inserting immediately after the word "course" the following: "and as a part"; and further on line 15, by inserting after the word "felony" the following: "under subdivision (1) of subsection 1 of this section".
Senator Moseley moved that the above amendment be adopted, which motion prevailed.
Senator Moseley offered SA 8:
SENATE AMENDMENT NO. 8
Amend Senate Substitute No. 3 for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 800, 812, 817 & 821, Page 76, Section 566.083, Line 15 of said page, by inserting immediately before said line the following:
"566.067. 1. A person commits the crime of child molestation [in the first degree] if he subjects another person who is less than [twelve] fourteen years of age to sexual contact.
2. Child molestation [in the first degree] is a class C felony unless the actor has previously been convicted of an offense under this chapter or in the course thereof the actor inflicts serious physical injury, displays a deadly weapon or deadly instrument in a threatening manner, or the offense is committed as part of a ritual or ceremony, in which case the crime is a class B felony.
[566.068. 1. A person commits the crime of child molestation in the second degree if he subjects another person who is twelve or thirteen years of age to sexual contact.
2. Child molestation in the second degree is a class A misdemeanor unless the actor has previously been convicted of an offense under this chapter or in the course thereof the actor inflicts serious physical injury on any person, displays a deadly weapon or dangerous instrument in a threatening manner, or the offense is committed as part of a ritual or ceremony, in which case the crime is a class D felony.]"; and
Further amend the title and enacting clause accordingly.
Senator Moseley moved that the above amendment be adopted, which motion prevailed.
Senator Moseley offered SA 9:
Amend Senate Substitute No. 3 for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 800, 812, 817 and 821, page 101, Section 600.042, Lines 14-24, by deleting subsection 6 on said lines and inserting in lieu thereof the following:
"6. Where the office of the Public Defender is appointed to represent a prisoner under a sentence of death in a proceeding under Supreme Court Rules 29.15 or 24.035, the Director shall designate or the Court appoint two counsel satisfying the following qualifications;
(1) Are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; and
(2) Are experienced and active trial practitioners with at least three years litigation experience in the field of criminal defense; and
(3) Have prior experience as counsel in no fewer than five jury or bench trials of class A or B felonies which were tried to completion, as well as prior experience as postconviction counsel in at least three cases in state or federal court. In addition, of the five jury or bench trials which were tried to completion, the attorney should have been counsel in at least three cases in which the charge was murder or aggravated murder; or alternatively, of the five trials, at least one was a murder or aggravated murder trial and an additional three were felony jury trials; and
(4) Are familiar with the practice and procedure of the appropriate courts of the jurisdiction; and
(5) Have attended and successfully completed, within one year prior to their appointment, a training or educational program on criminal advocacy which focused on the postconviction phase of a criminal case, or alternatively, a program which focused on the trial of cases in which the death penalty is sought; and
(6) Have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases.
The provisions of this section shall apply only to capital postconviction cases filed in the circuit courts of this state on or after August 28, 1996.".
Senator Moseley moved that the above amendment be adopted, which motion prevailed.
At the request of Senator Caskey, HCS for HBs 800, 812, 817 and 821, with SCS and SS No. 3 for SCS, as amended (pending), was placed on the Informal Calendar.
MESSAGES FROM THE HOUSE
The following messages were received from the House of Representatives through its Chief Clerk:
Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conference committee, to act with a like committee from the Senate on HCS for HBs 1159, 842 and 799, as amended: Representatives Scheve, Bray, Barry, Kauffman, Cooper.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conference committee, to act with a like committee from the Senate on SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409, as amended: Representatives Tate, Wiggins, Leake, Legan, Whiteside.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conference committee, to act with a like committee from the Senate on HB 979, as amended: Representatives Crump, Hoppe, Ward, Cooper, Marshall (133).
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conference committee, to act with a like committee from the Senate on SCS for HS for HB 1368, as amended: Representatives May (108), O'Neill, Harlan, Oetting, Pryor.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HS for HCS for SB 888, as amended, and grants the Senate a conference thereon and the conferees be allowed to exceed the differences for the purpose of adding an emergency clause.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House recedes from its position on HA 1 to SB 589 and has taken up and passed SB 589.
Bill ordered enrolled.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for SB 757, entitled:
An Act to repeal sections 386.025, 393.295, 393.705, 393.710, 393.715, 393.725, 393.730, 393.760 and 393.770, RSMo 1994, relating to joint municipal utility commissions, and to enact in lieu thereof thirteen new sections relating to the same subject, with a contingent effective date, for certain sections.
With House Amendments Nos. 1, 2 and 3; House Amendment No. 1 to Part I for House Amendment No. 4; and Part I to House Amendment No. 4, as amended.
HOUSE AMENDMENT NO. 1
Amend House Substitute for Senate Bill No. 757, Page 29, by inserting after all of said page the following:
"355.331. 1. The articles or bylaws [must] shall specify the terms of directors. Except for designated or appointed directors, the terms of directors may not exceed [five] six years. In the absence of any term specified in the articles or bylaws, the term of each director shall be one year. Directors may be elected for successive terms.
2. A decrease in the number of directors or term of office does not shorten an incumbent director's term.
3. Except as provided in the articles or bylaws:
(1) The term of a director filling a vacancy in the office of a director elected by members expires at the next election of directors by members; and
(2) The term of a director filling any other vacancy expires at the end of the unexpired term which such director is filling.
4. Despite the expiration of a director's term, the director continues to serve until the director's successor is elected, designated or appointed and qualifies, or until there is a decrease in the number of directors."; and
Further amend the title and enacting clause accordingly.
HOUSE AMENDMENT NO. 2
Amend House Substitute for Senate Bill 757, Section 2, Page 24, Lines 3 through 22, by deleting all of said lines; and
Further amend said bill, Section 2, Page 25, Lines 1 through 22, by deleting all of said lines; and
Further amend said bill, Section 2, Page 26, Lines 1 through 8, by deleting all of said lines; and
Further amend the title and enacting clause accordingly.
HOUSE AMENDMENT NO. 3
Amend House Substitute for Senate Bill No. 757, Page 21, Section 393.770, Line 17, by deleting the words "to obtain" on said line.
HOUSE AMENDMENT NO. 1 TO
PART I OF HOUSE AMENDMENT NO. 4
Amend House Amendment No. 4, House Substitute for Senate Bill No. 757, Page 1, Section 1, Line 1, by deleting the word "includes" and insert in lieu of the following: "shall include".
PART I TO
HOUSE AMENDMENT NO. 4
Amend House Substitute for Senate Bill No. 757, Pages 27 and 28, Line 2, by adding after the word "classification" and inserting the words "which includes first class chartered counties".
In which the concurrence of the Senate is respectfully requested.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 526.
Bill ordered enrolled.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for SS for SB 981, entitled:
An Act to repeal section 144.748, RSMo 1994, relating to use tax, and to enact in lieu thereof three new sections relating to the same subject, with an emergency clause.
With House Amendment No. 1.
HOUSE AMENDMENT NO. 1
Amend House Substitute for Senate Substitute for Senate Bill No. 981, Page 9, Section 144.757, Line 7, by inserting after the number "16" the following: ",1996".
Emergency clause adopted.
In which the concurrence of the Senate is respectfully requested.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SS for SCS for SBs 723 and 891, entitled:
An Act to repeal sections 77.140, 99.430, and 535.185, RSMo 1994, and sections 50.333, 67.400, 67.455, 67.457, 67.459 and 67.461, RSMo Supp. 1995, relating to certain political subdivisions, and to enact in lieu thereof twelve new sections relating to the same subject, with an expiration date for certain provisions and with penalty provisions.
With House Amendments Nos. 1, 2, 3 and 4; House Amendment No. 1 to House Amendment No. 5; House Amendment No. 5, as amended; House Amendment No. 1 to House Amendment No. 7; House Amendment No. 7, as amended; House Amendment No. 1 to House Amendment No. 8; House Amendment No. 8, as amended; and House Amendments Nos. 9 and 10.
HOUSE AMENDMENT NO. 1
Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891, Page 2, Section 50.333, Line 42, by deleting the opening bracket "["; and
Further amend said bill, Page 3, Section 50.333, Line 60, by deleting "7.] For the year [1989] 1997" and inserting in lieu thereof the following: "7. For the year [1989] 1996"; and
Further amend said bill, Page 3, Section 50.333, Line 80, by deleting the opening bracket "["; and
Further amend said bill, Page 3, Section 50.333, Line 81, by deleting "] increase"; and
Further amend said bill, Page 3, Section 50.333, Line 82, by deleting the number "7" and inserting in lieu thereof the number "8"; and
Further amend said bill, Page 4, Section 50.333, Line 83, by deleting "[maximum allowable compensation] salary schedule"; and inserting in lieu thereof the following: "maximum allowable compensation"; and
Further amend said bill, Page 4, Section 50.333, Line 97, by deleting the number "8." and inserting in lieu thereof the following: "[8.] 9."; and
Further amend said bill, Page 4, Section 50.333, Line 118, by deleting all of said line and inserting in lieu thereof the following: "[9. For the meeting in 1989 and every meeting thereafter,] 10. In the event a salary"; and
Further amend said bill, Page 5, Section 50.333, Line 125, by deleting "10. [" and inserting in lieu thereof the following: "[10.] 11."; and
Further amend said bill, Page 5, Section 50.333, Line 134, by deleting "11.]" and inserting in lieu thereof the following: "[11.] 12."; and
Further amend said bill, Page 5, Section 50.333, Line 142, by deleting "[12." and inserting in lieu thereof the following: "[12.] 13."; and
Further amend said bill, Page 5, Section 50.333, Line 151, by deleting the closing bracket "]"; and
Further amend said bill, Page 5, Section 50.333, Line 152, by deleting the number "11." and inserting in lieu thereof the number "14.".
Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891, Page 1, In the Title, Line 2, by inserting after the number "99.430," the number "575.130"; and
Further amend said bill, Page 1, In the Title, Line 4, by deleting the word "twelve" and inserting in lieu thereof the word "twenty"; and
Further amend said bill, Page 1, In the Title, Line 5, by inserting immediately after the words "penalty provisions" the following: "and an emergency clause for certain sections"; and
Further amend said bill, Page 14, Section 3, Line 3, by inserting after all of said line the following:
"Section B. Section 575.130, RSMo 1994, is repealed and eight new sections enacted in lieu thereof, to be known as sections 575.130, 4, 5, 6, 7, 8, 9 and 10, to read as follows:
575.130. 1. A person commits the crime of simulating legal process if, with purpose to mislead the recipient and cause him to take action in reliance thereon, he delivers or causes to be delivered:
(1) A request for the payment of money on behalf of any creditor that in form and substance simulates any legal process issued by any court of this state; or
(2) Any purported summons, subpoena or other legal process knowing that the process was not issued or authorized by any court.
2. This section shall not apply to a subpoena properly issued by a notary public.
3. Simulating legal process is a class B misdemeanor.
4. No person shall file a nonconsensual common law lien as defined in section 4 of this act.
5. A violation of subsection 4 of this section is a class B misdemeanor.
6. Subsection 4 of this section shall not apply to a filing officer as defined in section 4 of this act that is acting in the scope of employment.
Section 4. 1. For the purposes of sections 4 to 10 of this act:
(1) "Court" is the United States Supreme Court, Federal Courts of Appeal, Federal District Courts, Federal Magistrates, Federal Administrative Courts, Missouri supreme court, Missouri courts of appeal, Missouri circuit courts, and Missouri associate circuit courts but shall not include municipal courts;
(2) "Filing officer" is the secretary of state, the recorder of deeds of any county, the circuit clerk of any county or any public official or authorized employee required by law to accept for filing and keep as a public record any lien, deed, instrument, judgment or other document, whether in paper, electronic or other form, required to be filed or recorded under the laws of this state;
(3) "Nonconsensual common law lien" is a document that purports to assert a lien against the assets, real or personal, of any person and that, regardless of any self-description:
(a) Is not expressly provided for by a specific state or federal statute;
(b) Does not depend upon the consent of the owner of the property affected or the existence of a contract for its existence; and
(c) Is not an equitable or constructive lien imposed by a state or federal court of competent jurisdiction.
2. Nothing in sections 4 to 10 of this act shall be construed to create a lien or interest in property not otherwise existing under state or federal law.
3. Nothing in sections 4 to 10 of this act shall be construed to permit a municipal court to create a lien or interest in property not otherwise existing under state or federal law.
Section 5. 1. Any filing officer may reject for filing or recording any nonconsensual common law lien. This section shall not be construed to permit rejection of a document that is shown to be authorized by contract, lease or statute or imposed by a state or federal court of competent jurisdiction or filed by a licensed attorney, a financial institution including, but not limited to, any commercial bank, savings and loan association or credit union or a Missouri state licensed mortgage company or mortgage broker.
2. If a nonconsensual common law lien has been accepted for filing, the filing officer shall accept for filing a sworn notice of invalid lien on a form provided by the filing officer signed and submitted by the person against whom such lien was filed or such person's attorney. The form shall be captioned "Notice of Invalid Lien" and shall state the name and address of the person on whose behalf such notice is filed, the name and address of the lien claimant and a clear reference to the document or documents the person believes constitute a nonconsensual common law lien. A copy of the notice of invalid lien shall be mailed by the filing officer to the lien claimant at the lien claimant's last known address within one business day. No filing officer, county or the state shall be liable for the acceptance for filing of a nonconsensual common law lien, nor for the acceptance for filing of a sworn notice of invalid lien pursuant to this subsection.
Section 6. Any person who attempts to file a lien against real or personal property that is rejected pursuant to subsection 1 of section 5 of this act may petition the circuit court of the county of the filing officer that rejected such lien for an order, which may be granted ex parte, directing the filing officer to file or record the lien pending a hearing on whether the lien constitutes a nonconsensual common law lien. The lien claimant shall appear before the court as the petitioner within ten business days following the date of service of the petition and order on the filing officer, and show cause, if any, why the lien should not be declared void and other relief provided for by section 5 of this act should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner's attorney setting forth a concise statement of the facts upon which the claim for relief is based.
Section 7. Any person who has real or personal property or an interest therein, which is subject to a recorded nonconsensual common law lien who believes such lien is invalid may petition the circuit court of the county in which the lien has been recorded or filed for an order, which may be granted ex parte, directing the lien claimant to appear before the court within ten business days following the date of service of the petition and order on the lien claimant, and show cause, if any, why the claim of lien should not be declared void and other relief provided for by section 8 of this act should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner's attorney setting forth a concise statement of the facts upon which the claim for relief is based.
Section 8. 1. Any order rendered pursuant to section 3 or 4 of this act shall clearly state that if the lien claimant fails to appear at the time and place noted, the claim of lien shall be declared void ab initio and released and that the lien claimant shall be ordered to pay the costs incurred by any other party to the proceeding, including reasonable attorney's fees.
2. If, following a hearing on the matter, the court determines that the document at issue is a nonconsensual common law lien, the court shall issue an order declaring the lien void ab initio, releasing the lien and awarding costs and reasonable attorney's fees to the prevailing party.
3. If the court determines that the claim of lien is valid, the court shall issue an order so stating and may award costs and reasonable attorney's fees to the prevailing party.
4. A certified copy of any order rendered pursuant to this section shall be filed by the circuit clerk in the office of the appropriate filing officer.
Section 9. Filing officers and any employees thereof, acting in the scope of employment, shall not be liable for damages pursuant to sections 4 to 8 of this act and, except as otherwise provided by law, shall not be required to defend decisions to accept or reject any documents.
Section 10. Any person who records or files in the office of a filing officer:
(1) Any document purporting to create a nonconsensual common law lien against real or personal property; or
(2) A notice of invalid lien pursuant to subsection 2 of section 5 of this act with respect to a valid lien and which the filer knew to be false at the time of filing;
shall be liable to the damaged party for actual damages or five thousand dollars, whichever is greater plus costs and reasonable attorney's fees.
Section C. Because immediate action is necessary to prevent injustice, section B of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section B of this act shall be in full force and effect upon its passage and approval.".
Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891, Page 13, Section 99.430, Line 104, by inserting after said line the following:
"441.005. Except as otherwise provided, when used in chapter 534, RSMo, chapter 535, RSMo, or this chapter, the following terms mean:
(1) "Lease", a written or oral agreement for the use or possession of premises;
(2) "Lessee", any person who is a party to a lease, and any person on the premises with the lessee's permission;
(3) "Premises", land, tenements, condominium or cooperative units, air rights and all other types of real property leased under the terms of a rental agreement, including any facilities and appurtenances, to such premises, and any grounds, areas and facilities held out for the use of tenants generally or the use of which is promised to the tenant. "Premises" include structures, fixed or mobile, temporary or permanent, vessels, mobile trailer homes and vehicles which are used or intended for use primarily as a dwelling or as a place for commercial or industrial operations or storage;
(4) "Rent", all charges or expenses other than damage assessments and attorney's fees, regardless of how denominated or defined in the lease, to be paid by or on behalf of a tenant to a landlord for any purpose set forth in the lease. Any charges and expenses provided under this definition shall be subject to any applicable limitations imposed pursuant to federal law for federally subsidized housing.
441.020. 1. Whenever any lessee of any house, apartment or building [shall suffer] permits any prohibited gaming table, bank or device to be set up or be kept or used [therein] upon the premises, for the purpose of gaming, or keeping in the same a bawdyhouse, brothel or common gaming house, or allowing the illegal possession, sale or distribution of controlled substances upon the premises, the lease or agreement for letting such house or building shall become void, and the lessor may enter on the premises so let, and shall have the same remedies for the recovery [thereof] of the premises as in the case of a tenant holding over [his] the tenant's term.
2. If a lessee is conducting any illegal activities on the premises or such person is otherwise creating a nuisance that could injure persons or damage property, in addition to any remedy provided in subsection 1 of this section, a lessor may request, and the court may issue an ex parte temporary restraining order, without further hearing, with due notice to the lessee that the lessee is to vacate the premises within twenty-four hours of receiving such notice. The lessor shall in such injunctive action post a bond which shall be three times the amount of the monthly rent. The lessor shall submit to the court with the request for the temporary restraining order an affidavit stating the reasons that such action is necessary and the affidavit shall be supported by clear and convincing evidence that a lessee or any person on the premises with the lessee's permission is conducting illegal activities on the premises or such person is otherwise creating a nuisance that could injure persons or damage property. The judge shall hold a hearing within ten days after the issuance of the temporary restraining order. The court may suspend execution of the order and allow a lessee to remain on the premises pending the hearing if the lessee posts a bond in an amount equal to one month's rent. Upon a finding for the lessee, the court may award the lessee all or part of the bond posted by the lessor. The receipt of such an award shall not preclude the lessee from pursuing any other damages which may be sought according to law.".
HOUSE AMENDMENT NO. 4
Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891, Page 10, Section 67.461, Line 22, by inserting immediately after all of said line the following:
"67.1000. The governing body of any second class county which is north of the Missouri River and which adjoins a county with a population of more than one hundred thousand inhabitants which contains a campus of the University of Missouri or the governing body of any county with a township form of government with a population of less than nine thousand inhabitants which adjoins at least six other counties with a township form of government or the governing body of any county with a township form of government which adjoins at least four other counties with a township form of government and at least one, but not more than one, third class county without a township form of government with a population of less than three thousand inhabitants or the governing body of any county which contains a state educational institution described as a state teachers college, as defined in paragraph (c) of subdivision (5) of section 176.010, RSMo, other than a county which adjoins the Mississippi River or a county with a population of more than one hundred fifty thousand inhabitants, or any city which is the county seat of any third class county which borders the state of Arkansas and contains a branch of Southwest Missouri State University, may impose a tax on the charges for all sleeping rooms paid by the transient guests of hotels or motels situated in the city or county, which shall be [more than two percent but] not more than five percent per occupied room per night, except that such tax shall not become effective unless the governing body of the city or county submits to the voters of the city or county at a state general, primary or special election, a proposal to authorize the governing body of the city or county to impose a tax under the provisions of this section and section 67.1002. The tax authorized by this section and section 67.1002 shall be in addition to the charge for the sleeping room and shall be in addition to any and all taxes imposed by law and the proceeds of such tax shall be used by the city or county solely for funding a convention and visitors bureau which shall be a general not for profit organization with whom the city or county has contracted, and which is established for the purpose of promoting the city or county as a convention, visitor and tourist center. Such tax shall be stated separately from all other charges and taxes."; and
Further amend said bill in the title and enacting clause accordingly.
HOUSE AMENDMENT NO. 1 TO
HOUSE AMENDMENT NO. 5
Amend House Amendment No. 5, to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891, Line 3 of said amendment, by inserting immediately after the word "classification" on said line the following:
", and any county of the first classification without a charter form of government having a population of at least 150,000 inhabitants containing a portion of a city with a population of at least 350,000 inhabitants".
Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891, Section 67.455, Subsection 1, Page 6, Line 16, by inserting immediately after said line the following:
"2. In addition to the methods of authority for bonded indebtedness as described in subsection 1 of this section, the governing body of any first class county bordered by two counties of the second classification may submit pursuant to the provisions of sections 108.010 to 108.110, RSMo, the question of authorizing issuance of general obligation bonds which may be used to finance any improvement as defined in section 67.453, RSMo."; and
Further amend said bill, section 67.455, page 6, line 17, by deleting the figure "2." found on said line and inserting in lieu thereof the figure "3.".
HOUSE AMENDMENT NO. 7
Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891, Page 1, Section 64.725, Line 4, of said amendment by inserting after the words "of the county" the following:
", or planning and zoning districts within a county,".
Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891, Page 6, Section 51.333, Line 160, by inserting immediately after said line the following:
"64.725. 1. As an alternative to the procedures in sections 64.510 to 64.550, the county commission of any county of the first, second, third or fourth classification may create a temporary county planning commission prior to an election to adopt county planning and zoning. Such planning commission shall prepare a county plan for all areas of the county, whether such areas are incorporated or unincorporated, outside the corporate limits of any city, town or village which has adopted a city plan in accordance with the laws of this state.
2. The temporary county planning commission appointed pursuant to subsection 1 of this section shall consist of the county highway engineer, and one resident from each township of the county appointed by the county commission, from the unincorporated area of the county. The members of such planning commission shall serve until a planning commission is elected by the voters of the county, pursuant to subsection 6 of this section. All members of such temporary planning commission shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties. Such planning commission shall elect a chair at the first meeting of the year to serve for such year until a new chair is elected. The county highway engineer shall be an ex officio member of such planning commission.
3. The temporary planning commission may create and adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings and recommendations. The commission may appoint such employees as it deems necessary for its work, and may contract with planners and other consultants for such services as it may require, and may incur other necessary expenses. The commission shall have power to make, adopt and publish a proposal for a master plan of the county for the purpose of bringing about coordinated physical development in accordance with the present and future needs. The master plan shall be developed so as to conserve the natural resources of the county, to insure efficient expenditure of public funds and to promote the health, safety, convenience, prosperity and general welfare of the inhabitants. Such master plan may include, among other things, studies and recommendations relative to the location, character and extent of highways, railroads, bus, streetcar, and other transportation routes, bridges, public buildings, schools, parks, parkways, forests, wildlife refuges, dams and projects affecting conservation of natural resources. Before the adoption of the plan, the commission shall hold at least one public hearing thereon, fifteen days' notice of the time and place of which shall be published in at least one newspaper having general circulation within the county, and notice of such hearing shall also be posted at least fifteen days in advance thereof in one or more public areas of the courthouse of the county. Such hearing may be adjourned from time to time. The adoption of the plan shall be by resolution carried by not less than a majority vote of the full membership of the temporary county planning commission.
4. After the temporary county planning commission has adopted a proposed plan for county planning and zoning in the county, the county commission shall submit to the voters of the county the question of whether the county should adopt county planning and zoning as provided in the proposed plan. Such plan shall be available to the voters at least twenty days prior to the election. A notice stating the place or places and times for examining the plan shall be posted in one or more public areas of the courthouse of the county, and such notice shall be published in at least one newspaper of general circulation in the county at least once a week for three consecutive weeks, the last publication to be twenty days prior to the election.
5. The question for the adoption of county planning and zoning shall be submitted in substantially the following form:
Shall county planning and zoning as proposed by the county planning commission be adopted?
[ ] YES [ ] NO
6. If a majority of the votes cast on the question of whether the county should adopt county planning and zoning as provided in the proposed plan are in favor of adopting the plan, then an attested copy of the official master plan shall be certified to the county commission, to the recorder of deeds, and to the clerk of each incorporated area covered by the plan or part thereof. At the next countywide election, the voters in each township of the unincorporated area of the county shall elect one member from each township to be a member of the county planning commission, and the county commission shall by order entered of record have the newly elected members of the county planning commission proceed with a program of county planning and zoning. The plan shall be effective immediately following the election of the county planning commission. If a majority of the votes cast on the question of whether the county should adopt county planning and zoning as provided in the proposed plan are in opposition to adopting the plan, then it shall be at the discretion of the county commission whether to retain or dissolve the temporary county planning commission established pursuant to subsection 1 of this section.
7. The terms of the elected members of the county planning commission shall be four years or until the member's successor takes office; except that, the terms shall be overlapping and one-half of the members first elected, or if an uneven number one-half plus one, shall be elected for two-year terms and the remaining members shall be elected for four-year terms. The county highway engineer shall be an ex officio member of the county planning commission. The term of the county highway engineer shall be only for the duration of the engineer's tenure of official position. All members of the county planning commission shall serve as such without compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties. The planning commission shall elect a chair at the first meeting of the year to serve for such year until a new chair is elected. The commission shall have all powers granted a county planning commission appointed pursuant to sections 64.510 to 64.695.
8. If the county commission does not appoint a temporary county planning commission as provided in subsection 1 of this section, the voters of the county may submit a petition, signed by five percent of the number of voters in the county voting at the last gubernatorial election, calling for the appointment of a temporary county planning commission. Upon receipt of such a petition, the county commission shall appoint a temporary county planning commission as provided in subsection 1 of this section."; and
Further amend said bill by amending the title and enacting clause accordingly.
HOUSE AMENDMENT NO. 1 TO
HOUSE AMENDMENT NO. 8
Amend House Amendment No. 8 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891, Page 1, Section 473.739, Line 3, by deleting the words "Forty-five" and removing the brackets from "Twenty-five".
HOUSE AMENDMENT NO. 8
Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891, Page 2, Section 50.333, Line 22, by deleting the words "in counties of the first classification" on said line; and
Further amend said bill, section 99.430, page 13, line 104, by inserting immediately after said line the following:
"473.739. 1. Each public administrator, except in counties of the first class with a charter form of government, who does not receive at least [twenty-five] forty-five thousand dollars in fees as otherwise allowed by law shall receive annual compensation of four thousand dollars and each such public administrator who does not receive at least [twenty-five] forty-five thousand dollars in fees may request the county salary commission for an increase in annual compensation and the county salary commission may authorize an additional increase in annual compensation not to exceed ten thousand dollars.
2. Two thousand dollars of the compensation authorized in this section shall be payable to the public administrator only if he has completed at least twenty hours of classroom instruction each calendar year relating to the operations of the public administrator's office when approved by a professional association of the county public administrators of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each public administrator who completes the training program and shall send a list of certified public administrators to the treasurer of each county. Expenses incurred for attending the training session may be reimbursed to the county public administrator in the same manner as other expenses as may be appropriated for that purpose.".
HOUSE AMENDMENT NO. 9
Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891, Page 14, Section 3, Line 3, by inserting immediately following said line the following section:
"Section 4. The governing body of any county may adopt and enforce a uniform personnel policy designed to secure efficient administration for all offices, positions and employees of the county."; and
Further amend said bill by amending the title and enacting clause accordingly.
HOUSE AMENDMENT NO. 10
Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 723 and 891, Page 9, Section 67.459, Line 2, by inserting after the word property the following: "or property owners,".
In which the concurrence of the Senate is respectfully requested.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 572, entitled:
An Act to repeal sections 160.051 and 160.053, RSMo 1994, relating to the enrollment of pupils in public schools, and to enact in lieu thereof seven new sections relating to the same subject, with an contingent expiration date and an effective date of certain sections.
With House Amendment No. 1 and House Substitute Amendment No. 1 for House Amendment No. 2.
HOUSE AMENDMENT NO. 1
Amend House Committee Substitute for Senate Bill No. 572, Page 2, Section 160.053, Lines 33 to 35, by deleting all of said lines and inserting in lieu thereof the following: "[his] the kindergarten year shall not be required to meet the".
HOUSE SUBSTITUTE AMENDMENT NO. 1
FOR HOUSE AMENDMENT NO. 2
Amend House Committee Substitute for Senate Bill No. 572, Page 5, Section 5, Line 3, by inserting after all of said line the following:
"Section 6. Beginning with the 1997-98 school year and each year thereafter, no school district shall have an opening date earlier than the final day of the annual state fair established pursuant to Sections 262.215 to 262.280, RSMo."; and
Amend title and enacting clause accordingly.
In which the concurrence of the Senate is respectfully requested.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SA 1, SA 1 to SA 2, and SA 2, as amended, to HB 1098 and request the Senate to recede from its position or, failing to do so, grant the House a conference.
Senator Kenney offered Senate Resolution No. 1419, regarding Robert King Erwin, Jr., Lee's Summit, which was adopted.
Senator Kenney offered Senate Resolution No. 1420, regarding Spencer J. Flamm, Lee's Summit, which was adopted.
Senator Kenney offered Senate Resolution No. 1421, regarding Jason E. Foil, Lee's Summit, which was adopted.
Senator Kenney offered Senate Resolution No. 1422, regarding Brian P. Lynch, Lee's Summit, which was adopted.
Senator Kenney offered Senate Resolution No. 1423, regarding Michael T. Ottaway, Lee's Summit, which was adopted.
Senator Kenney introduced to the Senate, the Physician of the Day, Dr. Don Potts, M.D., Independence.
On motion of Senator Banks, the Senate adjourned until 9:30 a.m., Wednesday, May 15, 1996.