Senator Johnson in the Chair.

The following Bills were read the 2nd time and referred to the Committees indicated:

SB 1--Local Government and Economic Development.

SB 2--Ways and Means.

SB 3--Local Government and Economic Development.

SB 4--Ways and Means.

SB 5--Ways and Means.

SB 6--Ways and Means.

On motion of Senator Quick, the Senate recessed until 11:00 a.m.

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

The Chaplain offered the following prayer:

Our Father in Heaven, when Princess Diana was killed it reminded all of us that we are never assured of another day on earth. No matter who we are, no matter how much we are loved, no matter how much good we do, life is still very short and there is no guarantee of its length. Help us to use our time wisely as the precious gift that it is. Keep us from wasting time or the time of someone else. 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	Childers
Clay	Curls	DePasco	Ehlmann
Flotron	Goode	Graves	House
Howard	Jacob	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Mueller	Quick
Rohrbach	Russell	Schneider	Scott
Sims	Singleton	Staples	Westfall
Wiggins	Yeckel--34
	Absent with leave--Senators--None
	The Lieutenant Governor was present.

Senator McKenna offered Senate Resolution No. 3, regarding the Missouri Federation of Square and Round Dance Clubs, which was adopted.

Senator House offered Senate Resolution No. 4, regarding Cub Scout Pack 971, which was adopted.

Senator Russell offered Senate Resolution No. 5, regarding Mr. James D. Evans, Stoutland, which was adopted.

The following special message was received from the Governor, reading of which was waived:

WHEREAS, by my Proclamation dated August 25, 1997, I convened the Eighty-ninth General Assembly of the State of Missouri in the Second Extra Session of the First Regular Session; and

WHEREAS, by my Special Message dated September 8, 1997, I expanded the matters specifically designated in said Proclamation; and

WHEREAS, "The Contracting Authority of the Department of Economic Development" was inadvertently deleted from section B of the Special Message which contained the programs and activities coordinated or administered by the Department of Economic Development to be considered during this Second Extra Session.

NOW THEREFORE, I, MEL CARNAHAN, GOVERNOR OF THE STATE OF MISSOURI, pursuant to the authority vested in me as governor by the Constitution of the State of Missouri, in addition to those matters specifically designated in said Special Message for consideration by the General Assembly do hereby include under section B of said Special Message:

"The Contracting Authority of the Department of Economic Development"

All other specifically designated matters contained in the Special Message dated September 8, 1997 shall remain the same.

IN WITNESS WHEREOF, I have hereunto

set my hand and caused to be affixed the

Great Seal of the State of Missouri, in the

City of Jefferson, on this 8th day of

September, 1997.

(SEAL) /s/ Mel Carnahan

GOVERNOR

ATTEST:

/s/ Rebecca McDowell Cook

SECRETARY OF STATE

President Wilson assumed the Chair.

Senator Mathewson, Chairman of the Committee on Local Government and Economic Development, submitted the following reports:

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 3, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 1, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendments Nos. 1, 2 and 3.

Amend Senate Bill No. 1, Page 2, Section A, Line 12, by striking "253.500" and inserting in lieu thereof the following; "253.545"; and

Further amend said bill, page 34, section 100.297, line 54, by inserting immediately after said line the following:

"100.760. 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 100.700 to 100.850 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 or eligible industry have been committed, which incentives may consist of:

(a) Cash or in-kind incentives derived from any nonstate source, including incentives provided by the affected political subdivisions, private industry and/or local chambers of commerce or similar such organizations; and/or

(b) Relief from local taxes, in either case as acceptable to the board;

(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."; and

Further amend said bill, page 44, section 135.209, by striking all of said section; and

Further amend said bill, page 55, section 135.400, line 48, by inserting immediately after the word "services" the following: ". For the purpose of qualifying for the tax credit pursuant to sections 135.400 to 135.430, "Missouri small business" shall include cooperative marketing associations organized pursuant to chapter 274, RSMo, which are engaged in the business of producing and marketing fuels derived from agricultural commodities, without regard for whether a cooperative marketing association has more than one hundred employees"; and

Further amend said bill and section, page 55, lines 54-57, by striking all of the boldfaced language from said bill; and

Further amend said bill, page 69, section 143.451, line 50, by striking the word "subdivision" and inserting in lieu thereof the following: "subsection"; and

Further amend said bill and section, page 71, line 102, by striking the word "and" and inserting in lieu thereof the word "or"; and further amend line 112, by inserting at the end of said line the following: "To the extent an investment funds service corporation does not have access to the records of the investment company, the investment funds service corporation may employ reasonable methods to determine the investment company shareholder residences."; and further amend line 121, by inserting immediately after the word "investment" the following: "funds"; and

Further amend said bill, page 78, section 253.500, line 1, by striking "253.500" as it appears both times on said line and inserting in lieu thereof the following: "253.545"; and

Further amend said bill, page 79, section 253.550, line 1, by inserting immediately after the word "individual," the following: "person, firm,"; and further amend said line by striking the word "or" as it first appears, and inserting in lieu thereof a comma ","; and

Further amend said bill, Page 79, Section 253.557, Line 4, by inserting immediately after the word "years" the word "or"; and

Further amend said bill, Page 79, Section 253.557, Line 8, by inserting immediately after the word "partnership" the following: ", a limited liability company taxed as a partnership"; and

Further amend said bill, Page 79, Section 253.557, Line 9, by striking the words "respectively or owners" and inserting in lieu thereof the following: ", members or owners"; and

Further amend said bill, Page 79, Section 253.557, Line 10, by inserting immediately after the word "partners" the following: ", members"; and

Further amend said bill, page 82, section 620.1069, line 24, by striking the word "pilot"; and

Further amend said bill, page 85, section 620.1078, lines 43 and 44 and as it appears the first time on line 47, by inserting after the word "loans" the following: "and grants"; and

Further amend said bill, pages 91-94, sections 10-15, by deleting all of said sections; and

Further amend said bill, page 99, section 24, by deleting all of said section; and

Further amend the title and enacting clause accordingly.

Amend Senate Bill No. 1, Page 3, Section 99.805, Line 33, by striking the words "and sales and"; and

Further amend said bill, Page 20, Section 99.845, Line 92, by striking the words "sales and".

Amend Senate Bill No. 1, Page 19, Section 99.845, Line 58, by striking the words "prior to January 1, 1998" and inserting in lieu thereof the following: "pursuant to a plan approved by vote of the governing body of the municipality taken after April 1, 1990, and before January 1, 1998".

Senator Quick requested unanimous consent of the Senate to suspend the rules for the purpose of perfecting SB 3 and SB 1, with SCAs 1, 2 and 3, which request was granted.

Senator Maxwell moved that SB 3 be taken up for perfection, which motion prevailed.

Senator Wiggins assumed the Chair.

Senator Singleton offered SA 1:

Amend Senate Bill No. 3, Page 15, Section 393.863, Line 48, by inserting after said line the following:

"Section 1. Any city which exercises peripheral zoning pursuant to chapter 89, RSMo shall provide sewer services to all areas within the zone requiring such services that are not served by another public or private entity within 3 years."; and

Further amend the title and enacting clause accordingly.

Senator Singleton moved that the above amendment be adopted.

Senator Maxwell raised the point of order that SA 1 is out of order in that it goes beyond the scope and purpose of the call for the special session issued by the Governor, and further, that it goes beyond the scope and purpose of SB 3.

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

Senator Singleton moved that SA 1 be adopted, which motion failed.

On motion of Senator Maxwell, SB 3 was declared perfected and ordered printed.

Senator Mathewson moved that SB 1, with SCAs 1, 2 and 3, be taken up for perfection, which motion prevailed.

Senator Staples requested leave of the Senate for the members of the Joint Committee on Corrections to meet while the Senate is in session, which request was granted.

SCA 1 was taken up.

Senator Mathewson moved that the above amendment be adopted.

President Pro Tem McKenna assumed the Chair.

Senator Goode offered SA 1 to SCA 1, which was read:

Amend Senate Committee Amendment No. 1 to Senate Bill No. 1, Pages 3 and 4, Line 14 on page 3 through line 3 on page 4, by deleting said lines.

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

SCA 1 was again taken up.

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

SCA 2 was taken up.

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

SCA 3 was taken up.

Senator Mathewson moved that the above amendment be adopted.

Senator Mueller offered SSA 1 for SCA 3:

Amend Senate Bill No. 1, Page 19, Section 99.845, Line 58, by striking the words "prior to January 1, 1998" and inserting in lieu thereof the following: "pursuant to a plan approved by vote of the governing body of the municipality taken after April 1, 1990, and before January 1, 1998; unless and only to the extent that any taxing district gives written notice to the commission prior to the conclusion of the public hearing on the redevelopment plan that such taxing district elects that some or all of such taxing district's portion of the merchant's and manufacturer's inventory replacement tax derived from a redevelopment project, which such taxing district would have otherwise received, may be included in "levies upon taxable real property in such redevelopment project by taxing districts" for purposes of this section".

Senator Mueller moved that the above substitute amendment be adopted.

Senator Schneider offered SA 1 to SSA 1 for SCA 3:

Amend Senate Substitute Amendment No. 1 for Senate Committee Amendment No. 3 to Senate Bill No. 1, Page 1, Line 4, by striking the words: "unless and only"; and amend line 5, by inserting after the word "district" the words: ", after notice, public hearing and adoption by the governing body,".

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

Senator Johnson assumed the Chair.

SSA 1 for SCA 3, as amended, was again taken up.

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

SCA 3 was again taken up.

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

Senator Schneider offered SA 1:

Amend Senate Bill No. 1, Page 27, Section 99.865, Line 69, by striking the words "this section" and inserting in lieu thereof "sections 99.800 to 99.865"; and

Further amend said bill, Page 27, Section 99.865, Line 70, by inserting immediately after all of said line the following: ", including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed, however nothing in this act shall be interpreted to repeal or effect the validity of any rule adopted and promulgated prior to the effective date of this act. The provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall effect the validity of any rule adopted and promulgated prior to the effective date of this act"; and

Further amend said bill, Page 58, Section 135.460, Line 26, by inserting immediately at the end of said line the following: "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 chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed, however nothing in this act shall be interpreted to repeal or effect the validity of any rule adopted and promulgated prior to the effective date of this act. The provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028

to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall effect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend said bill, Page 65, Section 135.508, Line 23, by inserting immediately at the end of said line the following: "No rule or portion of a rule promulgated under the authority of sections 135.500 to 135.529 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed, however nothing in this act shall be interpreted to repeal or effect the validity of any rule adopted and promulgated prior to the effective date of this act. The provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall effect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend said bill, Page 77, Section 178.895, Lines 65 & 66, by striking the words "section 536.024, RSMo." and inserting in lieu thereof the following: "chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated

prior to the effective date of this act is of no force and effect and repealed, however nothing in this act shall be interpreted to repeal or effect the validity of any rule adopted and promulgated prior to the effective date of this act. The provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall effect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend said bill, Page 82, Section 620.1039, Line 34, by inserting immediately after all of said line the following:

"4. 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 chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed, however nothing in this act shall be interpreted to repeal or effect the validity of any rule adopted and promulgated prior to the effective date of this act. The provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall effect the

validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend said bill, Page 83, Section 620.1075, Line 5, by inserting immediately after the numeral "620.1081." the following: "No rule or portion of a rule promulgated under the authority of sections 620.1069 to 620.1081 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed, however nothing in this act shall be interpreted to repeal or effect the validity of any rule adopted and promulgated prior to the effective date of this act. The provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall effect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend said bill, Page 86, Section 620.1350, Line 48, by inserting immediately at the end of said line the following: "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 chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed, however nothing in this act shall be interpreted to repeal or effect the validity of any rule adopted and promulgated

prior to the effective date of this act. The provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall effect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend said bill, Page 91, Section 9, Line 3, by inserting immediately at the end of said line the following: ", including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed, however nothing in this act shall be interpreted to repeal or effect the validity of any rule adopted and promulgated prior to the effective date of this act. The provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall effect the validity of any rule adopted and promulgated prior to the effective date of this act"; and

Further amend said bill, Page 96, Section 18, Line 50, by inserting immediately after all of said line the following:

"4. No rule or portion of a rule promulgated under the authority of sections 16 to 19 of this act shall become effective unless it has been promulgated pursuant to

the provisions of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed, however nothing in this act shall be interpreted to repeal or effect the validity of any rule adopted and promulgated prior to the effective date of this act. The provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall effect the validity of any rule adopted and promulgated prior to the effective date of this act.".

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

Senator Schneider offered SA 2:

Amend Senate Bill No. 1, Page 80, Section 253.561, Line 2, by inserting immediately after said line the following:

"370.010. 1. Any seven persons, residents of the state of Missouri, may apply to the director of the division of credit unions under the department of economic development, for permission to organize a credit union by signing and acknowledging in triplicate a certificate of organization and entering into articles of agreement, in which they shall bind themselves to comply with its requirements and with all the laws, rules and regulations applicable to credit unions.

2. Notwithstanding any other provisions of law to the contrary, each credit union organized under the department of economic development pursuant to this section shall be composed of one or more groups of persons. The members of each such individual group must reside or work within a well-defined neighborhood, community or rural district, and/or share a common occupation, association, employer or interest. The director shall have the authority to act upon applications to expand or organize credit unions that include such individual or multiple groups."; and

Further amend the title and enacting clause accordingly.

Senator Schneider moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Caskey, Ehlmann, Mathewson and Rohrbach.

SA 2 failed of adoption by the following vote:

	Yeas--Senators
Ehlmann	Flotron	Goode	Jacob
Kinder	Klarich	McKenna	Mueller
Rohrbach	Schneider	Wiggins--11
	Nays--Senators
Bentley	Caskey	Childers	Curls
DePasco	Graves	House	Howard
Johnson	Lybyer	Mathewson	Maxwell
Quick	Russell	Sims	Singleton
Staples	Westfall	Yeckel--19
	Absent--Senators
Banks	Clay	Kenney	Scott--4
	Absent with leave--Senators--None

Senator Rohrbach offered SA 3, which was read:

Amend Senate Bill No. 1, Pages 31 and 32, Section 100.296, Lines 1-6, by deleting all of said lines and inserting in lieu thereof the words "100.296. 1. A member shall not"; and

Further amend said bill and section, page 32, lines 32 through 34, by deleting all brackets and bold matter on said lines.

Senator Rohrbach moved that the above amendment be adopted.

Senator Flotron offered SSA 1 for SA 3, which was read:

Amend Senate Bill No. 1, Pages 31 and 32, Section 100.296, Lines 1-6, by deleting all of said lines and inserting in lieu thereof the following "100.296. 1. A member shall not".

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

SA 3 was again taken up.

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

Senator Flotron offered SA 4, which was read:

Amend Senate Bill No. 1, Page 63, Section 135.503, Line 25, by deleting the word "affiliate" and inserting in lieu thereof the word "affiliates".

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

Senator Flotron offered SA 5, which was read:

Amend Senate Bill No. 1, Page 64, Section 135.508, Line13, by inserting immediately after the word "company" on said line the following: "which receives tax credits permitted under sections 135.500 to 135.529 for an investment in a Missouri certified capital company".

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

Senator Flotron offered SA 6, which was read:

Amend Senate Bill No. 1, Page 11, Section 99.820, Line 123, by inserting immediately after the word "subsection;" on said line the following: "except in all municipalities which are located in a first class county with a charter form of

government and having a population of over nine hundred thousand inhabitants, in which three members shall be appointed by the county of such municipality in the same manner as members are appointed in subdivision (3) of this subsection.".

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

Senator Flotron offered SA 7, which was read:

Amend Senate Bill No. 1, Page 91, Section 11, Line 7 of said section, by inserting immediately after the phrase "RSMo" the following: "or to the owner or owners of any privately owned airport designated as a reliever by the Federal Aviation Administration which shall be eligible to receive financial assistance from the aviation trust fund established in chapter 305, RSMo".

Senator Flotron moved that the above amendment be adopted.

At the request of Senator Flotron, SA 7 was withdrawn.

Senator Quick assumed the Chair.

Senator Howard assumed the Chair.

Senator Yeckel offered SA 8:

Amend Senate Bill No. 1, Page 5, Section 99.805, Line 121, by inserting immediately after all of said line the following: "provided however, that the amount of property assembly costs which constitute redevelopment project costs with respect to property acquired but not permanently dedicated to public use in connection with a redevelopment project shall not exceed the excess of amounts actually incurred for property assembly costs associated with the acquisition of such property over the estimate appraised value of such property upon the completion of site assembly. Redevelopment project costs shall not include payments, contributions or other

inducements to any persons or entities to remain or locate within or about the redevelopment area for redevelopment projects or redevelopment plans approved after the effective date of this bill;".

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

Senator Yeckel offered SA 9:

Amend Senate Bill No. 1, Page 5, Section 99.805, Line 127, by inserting immediately after "fixtures" the following: ". Except with respect to redevelopment project costs for redevelopment projects in blighted areas which meet the standards of subsection 9 of section 99.845, redevelopment project costs shall not include costs of buildings constructed or reconstructed for private ownership or parking garages constructed or reconstructed for private ownership if the primary use of the redevelopment project is for retail sales for redevelopment projects or redevelopment plans approved after the effective date of this bill;"; and

Further amend said bill, page and section, line 129, by inserting immediately before "improvements" the following: "public".

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

Senator Klarich offered SA 10:

Amend Senate Bill No. 1, Page 79, Section 253.550, Lines 7-8, by adding after the word "rehabilitation", the following "incurred after the effective date hereof" and strike all of line 8, replacing in lieu thereof the following: "include qualified rehabilitation expenditures as defined under section 47(C)(2)(A) of the Internal Revenue Code of 1986, as amended, and the related regulations thereunder, provided.".

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

President Pro Tem McKenna assumed the Chair.

Senator Singleton offered SA 11:

Amend Senate Bill No. 1, Page 78, Section 178.896, Line 44, by inserting immediately after all of said line the following:

"178.899. The department of economic development and the coordinating board for higher education in cooperation with Crowder College shall establish a clean room training program. The program shall provide the training necessary to meet the demand for clean room technicians in Missouri's semi-conductor and related industries. The general assembly may appropriate moneys for jobs training programs, the capital improvements and other start-up costs necessary for the development of a clean room technology program."; and

Further amend the title and enacting clause accordingly.

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

Senator Singleton offered SA 12:

Amend Senate Bill No. 1, Page 29, Section 100.255, Line 74, by inserting before the semi-colon ";" on said line the following:

". Eminent domain may not be used to acquire property which will be a part of a project".

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

Senator Clay offered SA 13:

Amend Senate Bill No. 1, Page 99, Section 24, Line 18, by inserting after all of said line the following:

"Section 25. 1. As used in this section, the following terms mean:

(1) "Community inventory", a research project in a high poverty area to determine the economic strengths, weaknesses, services, stores, resources, institutions and facilities in the area;

(2) "Community organizer", any individual, agency or group skilled in contract, communication, leadership development and technical organizational skills with people of all classes living in high poverty areas who can catalyze voluntary activities among residents for purposes of developing local economic leadership and increased economic activity in that area;

(3) "Community revitalization", an action by a public or private agency to help organize residents of high poverty areas or neighborhoods to provide leadership to increase business activity, availability of jobs, home ownership, microenterprise, security, safety, services or other economic need in that area defined by the residents;

(4) "Community revitalization plan", a plan for microeconomic development of a high poverty area based upon a community inventory that includes, but is not limited to, increased home ownership, microenterprise development, savings clubs, credit unions, flea markets, recreation facilities or other economic activities to increase the viability, stability, jobs, security and liveability of a high poverty area;

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

(6) "High poverty area", a neighborhood in a city, or a section of a town, or an unincorporated area of a county, where significant concentrations of low income people are living and where there is an unemployment rate of over ten percent or there is an unemployment rate of at least one hundred twenty percent of the national average unemployment rate. The boundaries of such area may change as a result of planning and leadership by local residents and institutions; and

(7) "Microeconomic development", resident based, originated and led economic activity centered in high poverty areas that includes, but is not limited to, the concepts of home ownership, microenterprise, savings clubs, crafts, locally grown and sold farm products, child care services, restaurants, shops and catering services.

2. The department shall initiate three pilot community revitalization projects in high poverty areas of the state, one urban or central city, one rural or small town, and one out-state small city.

3. The department shall provide a competitive grant program available to nonprofit agencies, institutions or resident organizations to permit them to hire and office community organizers, whose duty it is to help residents of the high poverty area define the boundaries of their community, inventory its strengths and weaknesses, and define a community revitalization plan, especially in the area of microeconomic development. These projects shall be funded for at least three years if the bidders are satisfactorily fulfilling the obligations of the contract and making progress toward completing and implementing a community inventory and community revitalization plan.

4. Upon receipt of a valid and practical community revitalization plan the department shall seek to coordinate private and public resources and contributions in the community, the state and the United States, to support the implementation of the provisions of the community revitalization plan. These resources include, but are not limited to, banks, training institutions, police, community development corporations and other entities that can help residents and resident corporations to fulfill their plan. The department may use volunteers to accomplish this task.

5. The department shall establish over-sight and evaluation of contract activities in order to develop capacity and knowledge about how to successfully accomplish community revitalization.

6. The department shall initiate these pilot projects by July 1, 1998."; and

Further amend the title and enacting clause accordingly.

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

Senator Flotron offered SA 14, which was read:

Amend Senate Bill No. 1, Page 8, Section 99.810, Line 49, by adding the following:

"(7) By the last day of February each year, each commission shall report to the director of economic development the name of any business which is located in the state of Missouri but not in the district, which relocates to the district. The director of the department of economic development shall compile and report same to the governor, the speaker of the house and the president pro tempore of the senate on the last day of April each year.".

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

Senator Flotron offered SA 15, which was read:

Amend Senate Bill No. 1, Page 6, Section 99.805, Line 160, by inserting immediately after said line the following:

"99.806. The designation by any political subdivision that property meets the definitions of 99.805 shall be appealable by any taxpayer of the political subdivision or any owner or owners of the property to the circuit court having jurisdiction over the property.".

Senator Flotron moved that the above amendment be adopted.

Senator Schneider offered SA 1 to SA 15, which was read:

Amend Senate Amendment No. 15 to Senate Bill No. 1, by adding the following: "and the burden of proof shall be upon the city to establish by substantial evidence that the requirements of the statute are met and such care shall be determined by the court within 90 days.".

Senator Schneider moved that the above amendment be adopted.

At the request of Senator Schneider, SA 1 to SA 15 was withdrawn.

Senator Quick assumed the Chair.

Senator Schneider offered SA 2 to SA 15, which was read:

Amend Senate Amendment No. 15 to Senate Bill No. 1, by adding the following: "The city shall establish by competent and substantial evidence that the requirements of the statute are met and the court shall determine the issue within 90 days.".

Senator Schneider moved that the above amendment be adopted, and requested a roll call vote be taken. He was joined in his request by Senators Caskey, Ehlmann, Flotron and Singleton.

SA 2 to SA 15 failed of adoption by the following vote:

	Yeas--Senators
Bentley	Ehlmann	Flotron	Goode
Graves	House	Kenney	Kinder
Mueller	Rohrbach	Schneider	Sims
Singleton	Yeckel--14
	Nays--Senators
Banks	Caskey	Childers	Curls
DePasco	Howard	Jacob	Johnson
Klarich	Lybyer	Mathewson	Maxwell
McKenna	Quick	Russell	Scott
Staples	Westfall	Wiggins--19
	Absent--Senators
Clay--1
	Absent with leave--Senators--None

Senator Goode offered SSA 1 for SA 15, which was read:

Amend Senate Bill No. 1, Page 2, Section 99.805, Line 10, by inserting immediately after the word "use" the following: ". A finding that a redevelopment area, as defined in subdivision (10) of this section, is a blighted area, shall be subject to judicial review in any court of law having jurisdiction".

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

Senator Flotron offered SA 16, which was read:

Amend Senate Bill No. 1, Page 6, Section 99.805, Line 160, by inserting immediately after said line the following:

"99.806. All political subdivisions condemning property pursuant to the permitted uses established in chapter 99, RSMo, shall provide relocation assistance and make relocation payments to such displaced persons or businesses and do such other acts and follow such procedures as would be necessary to comply with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, including any rules promulgated pursuant to the act."; and

Further amend the title and enacting clause accordingly.

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

Senator Banks offered SA 17, which was read:

Amend Senate Bill No. 1, Page 99, Section 24, Line 18, by inserting immediately after said line the following:

"Section 25. When the department of economic development contracts or reimburses entities for services related in any way to job training and development programs directly provided to individuals, the department shall reimburse the contractor within forty-five days as established in 34.055, RSMo, or pay the late penalties as provided in that section.".

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

Senator Ehlmann offered SA 18, which was read:

Amend Senate Bill No. 1, Page 3, Section 99.805, Line 51, by inserting immediately after "redevelopment" the following: "will not be used for development of commercial businesses which compete solely in the local economy and".

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

President Pro Tem McKenna assumed the Chair.

Senator Maxwell offered SA 19:

Amend Senate Bill No. 1, Page 22, Section 99.845, Line 171, by inserting after the word "ordinance" the following: ", provided that the enterprise zones, federal empowerment zones or blighted areas"; and

Further amend said bill, Page 22, Section 99.845, Line 172, by inserting after all of said line the following: "and".

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

Senator Singleton offered SA 20, which was read:

Amend Senate Bill No. 1, Pages 89-91, Sections 5-8, by deleting all of said sections; and

Further amend the title and enacting clause accordingly.

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

Senator Johnson assumed the Chair.

Senator Goode offered SA 21:

Amend Senate Bill No. 1, Page 72, Section 143.451, Lines 137-139, by striking all of said lines and inserting in lieu thereof the following; "wholly in this state qualifying sales;"; and

Further amend said bill, Page 74, Section 143.451, Line 229, by inserting immediately after all of said line the following:

"9. Any investment funds service corporation organized as a corporation or S corporation which has any shareholders residenced in this state shall be subject to Missouri corporate income tax as provided in this chapter."; and

Further amend said bill, page 85, section 620.1350, lines 9-21, by striking all of said lines and inserting in lieu thereof the following: "certified pursuant to this section, shall compute the portion of income derived from sources within this state pursuant to subdivisions (4) and (5) of subsection 2 of section 142.451, RSMo. The annual computation shall be made by filing a corporate income tax return reflecting the use of such computation and by filing a copy of the certificate issued by the director pursuant to the provisions of this section.

3. The director shall determine whether applicants for certification qualify pursuant to the"; and

Further amend said bill and section, page 86, line 33, by striking the words "to make the election"; and further amend lines 35-48, by striking all of said lines and inserting in lieu thereof the following: "applicant's income tax return. The director may, at any time, require reasonable information to be submitted by an investment funds service corporation to establish its qualification for certification.".

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

Senator Rohrbach offered SA 22:

Amend Senate Bill No. 1, Page 31, Section 100.296, Line 1, by inserting between the numeral "1." and the word "sections" on said line the following: "except as provided in section 620.014 RSMo"; and

Further amend said bill, page, section and line, by deleting the word "not" on said line.

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

SA 22 was adopted by the following vote:

	Yeas--Senators
Bentley	Childers	Ehlmann	Flotron
Goode	Graves	House	Jacob
Kenney	Klarich	Mueller	Rohrbach
Russell	Schneider	Sims	Singleton
Westfall	Yeckel--18
	Nays--Senators
Banks	Caskey	Curls	DePasco
Howard	Johnson	Lybyer	Mathewson
Maxwell	McKenna	Quick	Scott
Staples	Wiggins--14
	Absent--Senators
Clay	Kinder--2
	Absent with leave--Senators--None

 

Absent with leave--Senators--None

Senator Ehlmann offered SA 23:

Amend Senate Bill No. 1, Page 20, Section 99.845, Line 124, by striking the word "unless" and inserting in lieu thereof the following: "until the use of state moneys as provided herein has been approved for the specific project by the general assembly by concurrent resolution and".

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

President Pro Tem McKenna assumed the Chair.

On motion of Senator Mathewson, SB 1, as amended, was declared perfected and ordered printed.

Senator Johnson assumed the Chair.

The following Bill was read the 2nd time and referred to the Committee indicated:

SB 7--Judiciary.

Senator Howard offered Senate Resolution No. 6, regarding Harold Tinsley, Poplar Bluff, which was adopted.

Senator Howard offered Senate Resolution No. 7, regarding the Seventieth Wedding Anniversary of Mr. And Mrs. Harvey Smothers, Bloomfield, which was adopted.

Senator Howard offered Senate Resolution No.

8, regarding Dalton Francis, Puxico, which was adopted.

Senator Howard offered Senate Resolution No. 9, regarding Joe Sifford, Puxico, which was adopted.

Senator Howard offered Senate Resolution No. 10, regarding Edgar Brown, Puxico, which was adopted.

On motion of Senator Quick, the Senate recessed for 45 minutes.

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

Senator Quick, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following reports:

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred SB 3 and SB 1, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

President Pro Tem McKenna referred SB 1 to the Committee on State Budget Control.

Senator Lybyer introduced to the Senate, a delegation from Texas County.

On motion of Senator Quick, the Senate adjourned until 9:30 a.m., Wednesday, September 10, 1997.