Journal of the Senate
FIRST REGULAR SESSION
SECOND EXTRA SESSION
FIFTH DAY--FRIDAY, SEPTEMBER 12, 1997
The Senate met pursuant to adjournment.
President Pro Tem McKenna in the Chair.
The Chaplain offered the following prayer:
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 | 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--32 | |
| Absent with leave--Senators | ||||
| Curls | DePasco--2 | |||
| The Lieutenant Governor was present. | ||||
Senator Lybyer offered Senate Resolution No. 14, regarding Jerry D. Vineyard, which was adopted.
Senator Howard offered Senate Resolution No. 15, regarding Clyde Hawes, New Madrid County, which was adopted.
Senator Howard offered Senate Resolution No. 16, regarding the One Hundred Thirtieth Anniversary of the First Baptist Church, Williamsville, which was adopted.
On behalf of Senator DePasco, Senator Quick offered Senate Resolution No. 17, regarding Maryann Mitts, which was adopted.
On behalf of Senator DePasco, Senator Quick offered Senate Resolution No. 18, regarding Philip Pistilli, which was adopted.
Senators Schneider, Ehlmann, Kinder and Klarich offered the following resolution, which was read and referred to the Committee on Rules, Joint Rules and Resolutions:
BE IT RESOLVED That the Administration Committee of the Missouri Senate shall audit and pay the legal expenses of the members of the Senate who are Intervenor-Defendants in the case of Planned Parenthood v. Dempsey for the purpose of defending the validity of HB 20 of the First Extraordinary Session as duly enacted by the General Assembly and signed by the Governor; provided, however, that said legal expenses not exceed $25,000.00.
Senator Lybyer offered the following resolution, which was read and
adopted:
WHEREAS, it is always a moment of great pride when the members of the Missouri Senate pause to honor an individual who has demonstrated exceptional commitment to duty on behalf of this legislative body and the citizens it so loyally serves; and
WHEREAS, Barbara (Barb) Maxwell has distinguished herself through nine years of outstanding achievement as a faithful, talented, and dedicated member of the Senate Communications staff; and
WHEREAS, Barb Maxwell has enjoyed the opportunity to utilize her remarkable ability as a Public Information Specialist for Senate Communications, in which capacity she has earned a well-deserved reputation not only for her skills as a writer, but also for her expertise in answering a vast array of questions regarding correct English grammar and proper usage; and
WHEREAS, during the nine years that she has served as Public Information Specialist, Barb Maxwell has given untiringly of herself to do her very best in drafting speeches, writing newsletters, and issuing press releases, many of which she completed under the stress of the moment and on very short notice; and
WHEREAS, Barb Maxwell has met the challenge of her position and has prevailed over the accompanying mental and physical strain because of her strong sense of determination, her extraordinary ability to work under pressure, and her superb organizational skills; and
WHEREAS, Barb Maxwell brought to the Senate the considerable knowledge she gained while pursuing a Master's degree in journalism at the University of Missouri; and
WHEREAS, a true professional in every sense of the word, Barb Maxwell leaves her responsibilities as Public Information Specialist with the satisfaction that her work will always serve as a standard for emulation:
NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, join unanimously in expressing sincere appreciation to Barb Maxwell for her longtime, faithful service and in wishing her only the best in her new position as a teacher of Writing at Linn State Technical College; and
BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Barbara Maxwell, as a mark of our esteem for her.
Senator Quick offered Senate Resolution No. 21, regarding Jason Ray Aitkens, which was adopted.
MESSAGES FROM THE HOUSE
The following message was received from the House of Representatives through its Chief Clerk:
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 3.
With House Committee Amendment No. 1.
Amend Senate Bill No. 3, Page 1, Section A, Line 5, by striking the following: "393.863"; and inserting in lieu thereof the following: "1"; and
Further amend said bill and page, section 393.825, line 2 by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and further amend line 5 by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and further amend line 7 by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and further amend line 10 by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and
Further amend said bill and section, page 2, line 22, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and
Further amend said bill, page 2, section 398.827, line 4, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and further amend line 5, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and further amend line 12, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and further amend line 22, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and
Further amend said bill and section, page 3, line 27, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and further amend line 51, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and further amend line 56, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and further amend line 57, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and
Further amend said bill, page 6, section 393.831, line 15, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and
Further amend said bill, page 6, section 393.831, line 23, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and
Further amend said bill, page 6, section 393.835, line 4, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and further amend line 8, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and
Further amend said bill, page 7, section 393.837, line 4, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and
Further amend said bill, page 7, section 393.839, line 21, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and
Further amend said bill, page 8, section 393.843, line 5, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and
Further amend said bill, page 9, section 393.843, line 31, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and further amend line 32, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and
Further amend said bill, page 12, section 393.855, line 54, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and
Further amend said bill, page 13, section 393.855, line 59, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and
Further amend said bill, page 13, section 393.855, line 71, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and
Further amend said bill, page 13, section 393.857, line 1, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and further amend line 5, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and further amend line 9, by striking the following "393.863" and inserting in lieu thereof the following: "393.861 and 1"; and
Further amend said bill, page 14, section 393.863, line 1, by striking the following: "393.863" and inserting in lieu thereof the following: "Section 1"; and
Further amend said bill, page 14, section 393.863, lines 32-33, by striking all of said lines and inserting in lieu thereof the following: "within the designated region or watershed without an approved regional or watershed plan, except those already existing persons or entities operating a wastewater collection or treatment facility within the designated region or watershed when the plan was approved.".
In which the concurrence of the Senate is respectfully requested.
Senator Maxwell moved that SB 3, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.
HCA 1 was taken up.
Senator Maxwell moved that the above amendment be adopted, which motion prevailed by the following vote:
| Yeas--Senators | |||
| Banks | Bentley | Caskey | Childers |
| Clay | Ehlmann | Flotron | Goode |
| Graves | House | Howard | Jacob |
| Johnson | Kenney | Kinder | Klarich |
| Lybyer | Mathewson | Maxwell | McKenna |
| Quick | Rohrbach | Russell | Schneider |
| Scott | Sims | Westfall | Wiggins |
| Yeckel--29 | |||
| Nays--Senators | |||
| Singleton--1 | |||
| Absent--Senators | |||
| Staples--1 | |||
| Absent with leave--Senators | |||
| Curls | DePasco | Mueller--3 | |
On motion of Senator Maxwell, SB 3, as amended, was read the 3rd time and passed by the following vote:
| Yeas--Senators | |||
| Banks | Bentley | Caskey | Childers |
| Clay | Ehlmann | Flotron | Goode |
| Graves | House | Howard | Jacob |
| Johnson | Kenney | Kinder | Klarich |
| Lybyer | Mathewson | Maxwell | McKenna |
| Quick | Rohrbach | Russell | Schneider |
| Scott | Sims | Staples | Westfall |
| Wiggins | Yeckel--30 | ||
| Nays--Senators | |||
| Singleton--1 | |||
| Absent--Senators--None | |||
| Absent with leave--Senators | |||
| Curls | DePasco | Mueller--3 | |
The President Pro Tem declared the bill passed.
On motion of Senator Maxwell, title to the bill was agreed to.
Senator Maxwell moved that the vote by which the bill passed be reconsidered.
Senator Quick moved that motion lay on the table, which motion prevailed.
Bill ordered enrolled.
HCS for HB 2, with SCA 1, entitled:
An Act relating to sales taxation, with an emergency clause.
Was taken up by Senator Rohrbach.
SCA 1 was taken up.
Senator Rohrbach moved that the above amendment be adopted, which motion failed.
Senator Rohrbach offered SA 1:
Amend House Committee Substitute for House Bill No. 2, Page 2, Section 1, Line 24, by inserting after the period "." the following: "If the governing body has not authorized the initial collection of the tax pursuant to such ordinance or order within seven years after the date of the passage of the proposal, authorization for the governing body to impose such tax shall expire.".
Senator Rohrbach moved that the above amendment be adopted.
Senator Lybyer offered SSA 1 for SA 1, which was read:
Amend House Committee Substitute for House Bill No. 2, Page 2, Section 1, Line 24, by inserting after the period "." the following: "If the governing body has not authorized the initial collection of the tax pursuant to such ordinance or order within three years after the date of the passage of the proposal, authorization for the governing body to impose such tax shall expire.".
Senator Lybyer moved that the above substitute amendment be adopted, which motion prevailed.
Senator Singleton offered SA 2:
Amend House Committee Substitute for House Bill No. 2, Page 2, Section 1, Line 15, by adding following said line "There is no guarantee of any state funding.".
Senator Singleton moved that the above amendment be adopted, which motion prevailed.
At the request of Senator Rohrbach, HCS for HB 2, as amended, was placed on the Informal Calendar.
On motion of Senator Quick, the Senate recessed for 1 hour.
The time of recess having expired, the Senate was called to order by President Pro Tem McKenna.
HCS for HB 3, with SCS, was placed on the Informal Calendar.
HCS for HB 4 was placed on the Informal Calendar.
HB 1, with SCA 1, introduced by Represen-tative Leake, et al, entitled:
An Act relating to certain nonprofit membership corporations organized for the purpose of supplying waste water disposal and treatment services.
Was taken up by Senator Maxwell.
SCA 1 was taken up.
Senator Maxwell moved that the above amendment be adopted, which motion prevailed.
Senator Maxwell offered SS for HB 1, entitled:
An Act to amend chapter 393, RSMo, by adding thereto nineteen new sections to authorize the creation of certain nonprofit sewer corporations and enhance economic development.
Senator Maxwell moved that SS for HB 1 be adopted, which motion prevailed.
On motion of Senator Maxwell, SS for HB 1 was read the 3rd time and passed by the following vote:
| Yeas--Senators | |||
| Banks | Bentley | Caskey | Childers |
| Ehlmann | Flotron | Goode | Graves |
| Howard | Jacob | Johnson | Kenney |
| Kinder | Klarich | Lybyer | Mathewson |
| Maxwell | McKenna | Quick | Rohrbach |
| Russell | Scott | Sims | Westfall |
| Wiggins | Yeckel--26 | ||
| Nays--Senators | |||
| Singleton--1 | |||
| Absent--Senators | |||
| House | Schneider | Staples--3 | |
| Absent with leave--Senators | |||
| Clay | Curls | DePasco | Mueller--4 |
The President Pro Tem declared the bill passed.
On motion of Senator Maxwell, title to the bill was agreed to.
Senator Maxwell moved that the vote by which the bill passed be reconsidered.
Senator Quick moved that motion lay on the table, which motion prevailed.
Senator Rohrbach moved that HCS for HB 2, as amended, be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.
Senator Rohrbach offered SA 3:
Amend House Committee Substitute for House Bill No. 2, Page 2, Section 1, Line 30, by inserting at the end of said line the following: "At the time that any tax under this section is imposed for construction of a convention center, a commission shall be created to plan, construct, and coordinate the operations of the convention center. The commission shall consist of the following: three citizens of the city in which the tax is imposed, to be appointed by the mayor of the city; two citizens of the county in which the city is located, to be appointed by the presiding commissioner of the county; the commissioner of administration of the state of Missouri; and one person appointed by the governor of the state of Missouri.".
Senator Rohrbach moved that the above amendment be adopted, which motion failed.
On motion of Senator Rohrbach, HCS for HB 2, as amended, was read the 3rd time and passed by the following vote:
| Yeas--Senators | |||
| Bentley | Childers | Ehlmann | Flotron |
| House | Johnson | Kenney | Kinder |
| Klarich | Lybyer | McKenna | Rohrbach |
| Russell | Schneider | Sims | Westfall |
| Wiggins | Yeckel--18 | ||
| Nays--Senators | |||
| Banks | Caskey | Goode | Graves |
| Howard | Jacob | Mathewson | Maxwell |
| Quick | Scott--10 | ||
| Absent--Senators | |||
| Singleton--1 | |||
| Absent with leave--Senators | |||
| Clay | Curls | DePasco | Mueller |
| Staples--5 | |||
The President Pro Tem declared the bill passed.
The emergency clause failed to receive the necessary two-thirds majority by the following vote:
| Yeas--Senators | |||
| Bentley | Childers | Ehlmann | Flotron |
| House | Johnson | Kenney | Kinder |
| Lybyer | McKenna | Rohrbach | Russell |
| Schneider | Sims | Westfall | Wiggins |
| Yeckel--17 | |||
| Nays--Senators | |||
| Banks | Caskey | Goode | Graves |
| Howard | Jacob | Klarich | Mathewson |
| Maxwell | Quick | Scott | Singleton--12 |
| Absent--Senators--None | |||
| Absent with leave--Senators | |||
| Clay | Curls | DePasco | Mueller |
| Staples--5 | |||
On motion of Senator Rohrbach, title to the bill was agreed to.
Senator Rohrbach moved that the vote by which the bill passed be reconsidered.
Senator Quick moved that motion lay on the table, which motion prevailed.
HCS for HB 3, with SCS, entitled:
An Act to repeal sections 67.1150, 67.1170, 67.1177, 94.800, 94.802, 94.805, 94.810, 94.812, 94.815, 94.817, 94.820 and 94.822, RSMo 1994, and section 67.1300 as enacted by the first regular session of the eighty-ninth general assembly in conference committee substitute for house substitute for house committee substitute for senate bill no. 21 and approved by the governor on July 7, 1997, relating to municipalities and other political subdivisions, and to enact in lieu thereof thirteen new sections relating to remedying potential constitutional defects in the local tourism taxes of municipalities and other political subdivisions currently authorized pursuant to state law or in bills passed by the eighty-ninth general assembly during the first regular session, as well as revisions ancillary to authorization of said tourism taxes, with an emergency clause.
Was called from the Informal Calendar and taken up by Senator Childers.
SCS for HCS for HB 3, entitled:
HOUSE BILL NO. 3
An Act to repeal sections 67.1150, 67.1170, 67.1177, 94.800, 94.802, 94.805, 94.810, 94.812, 94.815, 94.817, 94.820, 94.822 and 94.825, RSMo 1994, and section 67.1000 as enacted by the first regular session of the eighty-ninth general assembly in senate bill no. 155 and approved by the governor on June 3, 1997, and to enact in lieu thereof eighteen new sections relating to local tourism taxes of municipalities and other political subdivisions currently authorized pursuant to state law or in bills passed by the eighty-ninth general assembly during the first regular session, as well as revisions ancillary to authorization of said tourism taxes, with an emergency clause and a severability clause.
Was taken up.
Senator Childers moved that SCS for HCS for HB 3 be adopted.
Senator Howard offered SA 1:
Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 3, Page 18, Section 94.825, Line 4, by inserting immediately after said line the following:
"94.870. In addition to all other taxes prescribed by law, the governing body of any municipality of the third classification with a population of at least fifteen thousand but not more than eighteen thousand inhabitants located within a county with a population of at least thirty-five thousand but not more than forty-five thousand inhabitants which has a total assessed valuation of at least two hundred [twenty] seventy-five million dollars but not more than [two] three hundred [thirty] twenty-five million dollars, [and] the governing body of any county with a population of at least twenty thousand but not more than twenty-five thousand which has a total assessed valuation of at least one hundred twenty million dollars but not more than one hundred [ten] forty million dollars and the governing body of any county with a population of at least twenty-eight thousand but not more than thirty-one thousand which has a total assessed valuation of at least two hundred fifty-five million dollars or any municipality located in such county and the governing body of any county with a population of at least twenty-five thousand but not more than thirty thousand which has a total assessed valuation of at least two hundred million dollars but not more than two hundred five million dollars or any municipality located in such county, or any city located partially but not wholly within a county of the third classification with a population of at least thirty-nine thousand inhabitants may impose, by ordinance or order, a tax on the price paid or charged to any person for rooms or accommodations paid by transient guests of hotels, motels, condominium units, campgrounds, and tourist courts situated within the political subdivision, at a rate not to exceed four percent of such price paid or charged. As used in this section, the term "hotel", "motel", or "tourist court" means any structure or building, under one management, which contains rooms furnished for the accommodation or lodging of guests, with or without meals being provided, including bed and breakfast facilities, and kept, used, maintained, advertised, or held out to the public as a place where sleeping accommodations are sought for pay or compensation to transient guests, and the term "campground" means real property, other than state-owned property, which contains parcels for rent to transient guests for pay or compensation, which may include temporary utility hook-ups for use by the transient guests, and where such transient guests generally use tents, recreational vehicles or some other form of temporary shelter while on the rented premises. Shelters for the homeless operated by not for profit organizations are not a hotel, motel, or tourist court for the purposes of this section. As used in this section, the term "transient guest" means a person who occupies a room or rooms in a hotel, motel, campground, or tourist court for thirty consecutive days or less."; and
Further amend said bill, page 19, section 2, line 6 of said section, by striking the following: "or 67.1364" and inserting in lieu thereof the following: ", 67.1364 or 94.870"; and
Further amend said bill, page 21, section C, line 3 of said section, by inserting immediately after "94.825," the following: "94.870,"; and
Further amend the title and enacting clause accordingly.
Senator Howard moved that the above amendment be adopted, which motion prevailed.
Senator Schneider offered SA 2:
Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 3, Page 4, Section 67.1150, Line 15 of said page, by inserting immediately after all of said line the following:
"3. No funds received by the authority shall be used to provide any subsidy or other financial assistance, partially or wholly, to any private business or commercial enterprise.".
Senator Schneider moved that the above amendment be adopted.
Senator Quick assumed the Chair.
Senator Ehlmann offered SSA 1 for SA 2:
Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 3, Page 4, Section 67.1150, Line 15 of said page, by inserting immediately after said line the following:
"3. No authority receiving funds under this section shall be authorized to lend its credit or grant public money or property to any private individual, association or corporation.".
Senator Ehlmann moved that the above substitute amendment be adopted, which motion prevailed.
Senator Childers offered SA 3:
Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 3, Page 3, Section 67.1000, Line 67, by striking the word "may" and inserting in lieu thereof the following: "and which has had such a tax approved by the voters prior to January 1, 1998, shall be authorized to"; and
Further amend said bill, page 8, section 67.1360, line 2, by striking the words "six thousand" and inserting in lieu thereof the following: "seven thousand and less than seven thousand five hundred".
Senator Childers moved that the above amendment be adopted, which motion prevailed.
Senator Russell offered SA 4:
Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 3, Page 9, Section 67.1362, Line 26 of said page, by inserting immediately after the word "city" the word "may"; and
Further amend said bill, Page 18, Section 1, Lines 1-10 of said page, by striking all of said lines and inserting in lieu thereof the following:
"Section 1. All local sales taxes or gross receipts taxes adopted for the purpose, in whole or in part, for providing revenues for the promotion of tourism, other than those collected by the department of revenue pursuant to other provisions of law,"; and
Further amend said bill, page 18, Section 1, Line 15 of said page, by striking the word "subsection" and inserting in lieu thereof the word "section"; and
Further amend said bill, Page 19, Section 1, Line 27 of said page, by striking the word "subsection" and inserting in lieu thereof the word "section".
Senator Russell moved that the above amendment be adopted, which motion prevailed.
Senator Johnson assumed the Chair.
Senator Jacob offered SA 5:
SENATE AMENDMENT NO. 5
Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 3, Page 8, Section 67.1360, Line 2, by inserting immediately after "thousand" the following: "and a county with a population of over nine thousand six hundred which has a total assessed valuation of at least sixty-three million dollars if the county submits the issue to the voters of that county prior to January 1, 2003, shall be authorized to"; and further amend said bill, page and section, line 8, by inserting immediately after the word "city" as it appears both times the following: "or county"; and
Further amend said bill and section, page 8, line 10, by inserting after the word "city" the following: "or county"; and further amend line 14, by inserting after the word "city" the following: "or county"; and
Further amend said bill, section 67.1362, page 8, line 3, by inserting after the word "city" the following: "or county"; and further amend line 6, by inserting after the word "city" the following: "or county"; and
Further amend said bill and section, page 9, line 14, by inserting after the word "city" the following: "or county"; and further amend line 16, by inserting after the word "city" the following: "or county"; and further amend line 17, by inserting after the word "city" the following: "or county"; and further amend line 20, by inserting after the word "city" the following: "or county"; and further amend line 23, by inserting after the word "city" the following: "or county"; and further amend line 24, by inserting after the word "city" the following: "or county"; and further amend line 26, by inserting after the word "city" the following: "or county"; and further amend line 25, by inserting after the word "city" the following: "or county"; and further amend line 28, by inserting after the word "city" the following: "or county"; and further amend line 40, by inserting after the word "city" the following: "or county"; and further amend line 41 by inserting after the word "city" the following: "or county".
Senator Jacob moved that the above amendment be adopted, which motion prevailed.
Senator Childers moved that SCS for HCS for HB 3, as amended, be adopted, which motion prevailed.
President Pro Tem McKenna assumed the Chair.
On motion of Senator Childers, SCS for HCS for HB 3, as amended, was read the 3rd time and passed by the following vote:
| Yeas--Senators | |||
| Bentley | Caskey | Childers | Ehlmann |
| Flotron | Goode | House | Howard |
| Jacob | Johnson | Kinder | Klarich |
| Lybyer | Mathewson | Maxwell | McKenna |
| Quick | Rohrbach | Russell | Schneider |
| Scott | Sims | Westfall | Wiggins |
| Yeckel--25 | |||
| Nays--Senators | |||
| Graves | Kenney | Singleton--3 | |
| Absent--Senators--None | |||
| Absent with leave--Senators | |||
| Banks | Clay | Curls | DePasco |
| Mueller | Staples--6 | ||
The President Pro Tem declared the bill passed.
The emergency clause was adopted by the following vote:
| Yeas--Senators | |||
| Bentley | Caskey | Childers | Ehlmann |
| Flotron | Goode | House | Howard |
| Jacob | Johnson | Kinder | Klarich |
| Lybyer | Mathewson | Maxwell | McKenna |
| Quick | Rohrbach | Russell | Scott |
| Sims | Westfall | Wiggins | Yeckel--24 |
| Nays--Senators | |||
| Graves | Kenney | Schneider | Singleton--4 |
| Absent--Senators--None | |||
| Absent with leave--Senators | |||
| Banks | Clay | Curls | DePasco |
| Mueller | Staples--6 | ||
On motion of Senator Childers, title to the bill was agreed to.
Senator Childers moved that the vote by which the bill passed be reconsidered.
Senator Quick moved that motion lay on the table, which motion prevailed.
HCS for HB 4, entitled:
An Act to repeal section 115.125, as truly agreed to in house committee substitute for senate bill no. 132 enacted during the first regular session of the eighty-ninth general assembly, relating to notification of elections, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.
Was called from the Informal Calendar and taken up by Senator Childers.
Senator Childers offered SS for HCS for HB 4, entitled:
An Act to repeal section 115.125, as truly agreed to in house committee substitute for senate bill no. 132 enacted during the first regular session of the eighty-ninth general assembly, relating to elections, and to enact in lieu thereof two new sections relating to the same subject, with an emergency clause.
Senator Childers moved that SS for HCS for HB 4 be adopted, which motion prevailed.
President Wilson assumed the Chair.
President Pro Tem McKenna assumed the Chair.
On motion of Senator Childers, SS for HCS for HB 4 was read the 3rd time and passed by the following vote:
| Yeas--Senators | |||
| Bentley | Caskey | Childers | Ehlmann |
| Flotron | Goode | Graves | House |
| Howard | Jacob | Johnson | Kenney |
| Kinder | Klarich | Lybyer | Mathewson |
| Maxwell | McKenna | Quick | Rohrbach |
| Russell | Schneider | Scott | Sims |
| Westfall | Wiggins | Yeckel--27 | |
| Nays--Senators--None | |||
| Absent--Senators--None | |||
| Absent with leave--Senators | |||
| Banks | Clay | Curls | DePasco |
| Mueller | Singleton | Staples--7 | |
The President Pro Tem declared the bill passed.
The emergency clause was adopted by the following vote:
| Yeas--Senators | |||
| Bentley | Caskey | Childers | Ehlmann |
| Flotron | Goode | Graves | House |
| Howard | Jacob | Johnson | Kenney |
| Kinder | Klarich | Lybyer | Mathewson |
| Maxwell | McKenna | Quick | Rohrbach |
| Russell | Schneider | Scott | Sims |
| Westfall | Wiggins | Yeckel--27 | |
| Nays--Senators--None | |||
| Absent--Senators--None | |||
| Absent with leave--Senators | |||
| Banks | Clay | Curls | DePasco |
| Mueller | Singleton | Staples--7 | |
On motion of Senator Childers, title to the bill was agreed to.
Senator Childers moved that the vote by which the bill passed be reconsidered.
Senator Quick moved that motion lay on the table, which motion prevailed.
Senator Howard assumed the Chair.
Senator McKenna, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:
Mr. President: Your Committee on Gubernatorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:
Robert C. Smith, as a member of the Gaming Commission;
Also,
Weldon L. Wilhoit, as Superintendent of the Missouri State Highway Patrol;
Also,
Karla M. McLucas, as a member of the Missouri Training and Employment Council;
Also,
Kathleen L. Tucker, as a member of the Tourism Commission;
Also,
Nannette A. Baker, as a member and Chair of the Board of Election Commissioners for St. Louis City;
Also,
Matthew W. O'Neill, as a member of the Labor and Industrial Relations Commission;
Also,
Martha W. Karlovetz, as a member of the Children's Trust Fund Board;
Also,
Patrick J. Hickey, as a member of the State Board of Mediation;
Also,
Howard L. Wood, as a member of the Conservation Commission;
Also,
Vergil L. Belfi and Donald W. Link, as members of the Board of Boiler and Pressure Vessel Rules;
Also,
Randall D. Huss, M.D. and John W. Newcomer, M.D., as members of the Drug Utilization Review Board;
Also,
Sue Ann Morrow, Ph.D., Shawn T. deLoyola, and Harvey Lee Cooper, as members of the Missouri Planning Council for Developmental Disabilities;
Also,
Susan E. Hazelwood, William P. Darby, Ph.D., Roger M. Folk, and Chester C. Dudley, as members of the Safe Drinking Water Commission;
Also,
Willa M. Adelstein and Susan K. Orton, as members of the Missouri Head Injury Advisory Council;
Also,
William Kahn, as a member of the State Board of Education;
Also,
Mary C. Hagerty and Terry L. Ware, as members of the Dam and Reservoir Safety Council;
Also,
Gerald J. Zafft, and David L. Roberts, as members of the Missouri Family Trust Board of Trustees;
Also,
Lemuel Elston Hutton, Jr., as a member of the State Board of Geologist Registration;
Also,
Vickie E. Young, as public member of the State Board of Optometry.
Senator McKenna requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.
Senator McKenna moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.
Also,
Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Maureen E. Dempsey, M.D., as Director of the Department of Health, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.
Senator Jacob moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.
The following messages were received from the House of Representatives through its Chief Clerk:
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 1, entitled:
An Act to repeal sections 99.805, 99.810, 99.820, 99.825, 99.830, 99.835, 99.845, 99.865, 100.255, 100.264, 100.275, 100.297, 135.208, 143.805, 178.896, 620.1023, 620.1069, 620.1072, 620.1075 and 620.1078, RSMo 1994, and sections 32.105, 32.111, 100.296, 100.760, 100.840, 135.100, 135.200, 135.225, 135.230, 135.247, 135.400, 135.403, 135.405, 135.460, 135.500, 135.503, 135.508, 135.516, 143.451, 178.895, 447.710 and 620.1039, RSMo Supp. 1996, relating to programs coordinated or administered by the department of economic development, and to enact in lieu thereof sixty-six new sections relating to the same subject, with an effective date for certain sections and with a termination date for a certain section.
With House Amendments Nos. 1, 2, 4, 5, 6, 7, 8, House Amendment No. 1 to House Amendment No. 10, House Amendment No. 2 to House Amendment No. 10, House Amendment No. 10, as amended, House Amendment No. 1 to House Amendment No. 12, House Amendment No. 12, as amended, House Amendments Nos. 13, 14, 15, 17, House Amendment No. 1 to House Amendment No. 18, House Amendment No. 18, as amended, House Amendments Nos. 19, 20, 22 and 23.
Amend House Committee Substitute for Senate Bill No. 1, Page 23, Section 99.845, Lines 209 through 218, by deleting all of said lines and inserting in lieu thereof the following:
"13. All personnel and other costs incurred by the department of economic development for the administration and operation of subsections 4. to 12. of this section shall be paid from the state's general revenue fund. On an annual basis, the general revenue fund shall be reimbursed for the full amount of such costs by the developer or developers of the project or projects for which municipalities have made tax increment financing applications for the appropriation of new state revenues, as provided for in subdivision (1) of subsection 10. of this section. The amount of costs charged to each developer shall be based upon the percentage arrived at by dividing the monetary amount of the application made by each municipality for a particular project by the total monetary amount of all applications received by the department of economic development.".
Amend House Committee Substitute for Senate Bill 1, Page 50, Section 135.460, Subsection 9, Lines 63-64 of said subsection, by deleting the following:
"in computing Missouri's tax liability".
Amend House Committee Substitute for Senate Bill 1, Page 4, Section 32.111, Line 6 of said section, by deleting the words "participation in" and inserting in lieu thereof the word "of".
Amend House Committee Substitute for Senate Bill No. 1, Page 57, Section 143.451., Line 45, by adding the numeral "80" immediately following the word "section", and
Further amend said bill, page 58, section 143.451., lines 54 and 76, by adding the numeral "80" immediately following the word "section" respectively on each of those lines, and
Further amend said bill, page 58, section 143.451., lines 57 and 67, by adding the following: ", as amended from time to time," immediately after "1940" respectively on each of those lines, and
Further amend said bill, page 58, section 143.451., line 56, by deleting the word "Federal" and inserting in lieu thereof the word "federal".
Amend House Committee Substitute for Senate Bill No. 1, Page 57, Section 143.451., Line 45, by adding the numeral "80" immediately following the word "section", and
Further amend said bill, page 58, section 143.451., lines 54 and 76, by adding the numeral "80" immediately following the word "section" respectively on each of those lines, and
Further amend said bill, page 58, section 143.451., lines 57 and 67, by adding the following: ", as amended from time to time," immediately after "1940" respectively on each of those lines, and
Further amend said bill, page 58, section 143.451., line 56, by deleting the word "Federal" and inserting in lieu thereof the word "federal".
Amend House Committee Substitute for Senate Bill No. 1, Page 54, Section 135.508, Line 10, by inserting after the word "company" the following: "which receives tax credits permitted under sections 135.500 to 135.529 for an investment in a Missouri certified capital company".
Amend House Committee Substitute for Senate Bill No. 1, Page 50, Section 135.460, Lines 41 and 42, by deleting all of the new language on said lines; and further on page 79, Section 15, line 16, by deleting the words "selected by the governor".
Amend House Committee Substitute for Senate Bill No. 1, Page 10, Section 99.810, Line 36, by striking the word "and"; and
Further amend said bill, Page 10, Section 99.810, Line 38, by inserting at the end of said line the following: "; and
(7) By the last day of February each year, each commission shall report to the director of economic development the name, address, phone number and primary line of business 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".
Amend House Amendment No. 10 to House Committee Substitute for Senate Bill No. 1, Page 1, Section 99.810, Line 8, by striking the period and inserting in lieu thereof the following: "or the creation of a district for the expansion of an existing business.".
Amend House Amendment No. 10 to House Committee Substitute for Senate Bill No. 1, Page 1, Section 7, Line 7, by deleting the words: "which is located in the state of Missouri but not in the district,".
Amend House Committee Substitute for Senate Bill No. 1, Page 61, Section 143.451, Line 185, 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 income tax as provided in this chapter.".
Amend House Amendment No. 12 to House Committee Substitute for Senate Bill No. 1, Page 1, Section 143.451, Line 3, by adding after the word "which" the following: "is organized in Missouri and which".
Amend House Committee Substitute for Senate Bill No. 1, Page 65, Section 253.550, Line 4 of said section, by inserting immediately after the figure "143" the following: "and chapter 148,"; and
Further amend said bill, Page 65, Section 253.550, Line 6 of said section, by deleting "after the effective date hereof" and inserting in lieu thereof the following, "with respect to such eligible property".
Amend House Committee Substitute for Senate Bill No. 1, Page 19, Section 99.845, Line 54, by inserting after the word "motels," the following: "taxes levied pursuant to section 94.660, RSMo, for the purpose of public transportation,".
Amend House Committee Substitute for Senate Bill No. 1, by inserting immediately after said line the following:
"Section 21. The task force on trade and investment within the department of economic development and the state highways and transportation commission, or its designee within the department of transportation, shall identify those airports that are crucial to the overall economic development of the state, and assist those airports to better promote travel, education, trade and commerce as it relates to the economic development of the state. Such airports shall include but not be limited to any privately owned airports designated as reliever airports by the Federal Aviation Administration, any airports owned by an instrumentality of the state, including any state agency which owns or operates an airport as of January 1, 1997, or any state educational institution as defined in section 176.010, RSMo.
2. Those airports identified pursuant to subsection 1 of this section shall be eligible to apply for grants from the aviation trust fund, pursuant to the conditions established in section 305.230."; and
Further amend said bill, by renumbering the remaining sections accordingly; and
Further amend the title and enacting clause accordingly.
Amend House Committee Substitute for Senate Bill No. 1, Page 73, Section 3, Line 12, by inserting immediately after the words "development" the following: "corporation".
Amend House Committee Substitute for Senate Bill No. 1, Page 80, Section 17, Line 16, by inserting immediately after said line, the following:
"Section 18. 1. Any business entity that offers health insurance benefits to any of its employees and is otherwise eligible to receive a tax benefit pursuant to any provision of chapter 99, 135 or 178, RSMo, shall not receive any such tax benefit unless such business offers the health insurance plan on the same financial terms to all of its full-time employees, and on a prorated basis for its part-time employees.
2. The director of the department of revenue shall promulgate rules and regulations to administer the provisions of this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo. "; and
Further amend said bill's title and enacting clause accordingly.
Amend House Amendment No. 18 to House Committee Substitute for Senate Bill No. 1, Section 18, Line 8, by adding after the words "part-time employee" the words "who work 1,000 hours or more per year".
Amend House Committee Substitute for Senate Bill No. 1, Page 75, Section 9, Line 3, by deleting from said line the word "two" that appears immediately before the word "cities"; and
Further amend said bill, page 76, section 10, line 5, by adding immediately after the word "county" the following: "or any city with a population greater than 50,000 located in any county of the first classification with a population of at least one hundred thousand inhabitants but not more than one hundred fifty thousand inhabitants".
Amend House Committee Substitute for Senate Bill No. 1, Page 6, Section 99.805, Line 8, by adding immediately after the word "use" the following: ", as established by clear and convincing evidence".
Amend House Committee Substitute for Senate Bill No. 1, Page 73, Section 3, Line 13, by adding a period after the word "corporations" and deleting the rest of said sentence.
Amend House Committee Substitute for Senate Bill 1, Page 75, Section 9, Line 5, by adding immediately after "act" the following: "and up to two additional pilot projects in qualifying counties, pursuant to section 13 of this act";
And further amend said bill, Page 77, Section 12, Line 15, by inserting immediately after line 15, the following new section:
"Section 13. 1. In order to extend the workfare renovation project to the non- metropolitan areas of the state, up to two pilot projects, in addition to those authorized pursuant to sections 9 to 12 of this act, shall be established by the Missouri housing development commission in qualifying counties. "Qualifying counties" shall include any county in the state selected by the Missouri housing development commission based upon state rankings of poverty level, income level, public assistance percentages, and unemployment. The governing body of any political subdivision within a qualifying county shall apply to the commission for participation in the workfare renovation project for the renovation of residential property within the qualifying county, and if approved for participation in the project, shall enact the appropriate ordinances, submit a plan for the renovation of property within the qualifying county, and establish an agency to administer the projects within the qualifying county pursuant to any authority delegated to such agency by the commission.
2. The Missouri housing development commission may:
(1) Receive, hold and convey title to real estate on the workfare renovation project carried out by any political subdivision in a qualifying county, and receive and use for the purposes of providing affordable housing to low-income persons, affording low-income persons an opportunity to obtain job skills obtained through their participation in the workfare renovation project, and to create tax producing properties for the political subdivisions within qualifying counties;
(2) Approve the property proposed for renovation for inclusion in the project;
(3) Approve the workers who will perform the renovation and reconstruction work, pursuant to the provisions of section 11 of this act;
(4) Sell all properties renovated pursuant to the provisions of section 11 of this act; and
(5) Exercise all other administrative oversight of the project as outlined in sections 9 to 12 of this act;
3. Properties selected for renovation shall be those in greatest need of neighborhood rehabilitation, as determined by the governing body of the municipality within
the qualifying county.".
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 adopted SS for HB 1 and has again taken up and passed SS for HB 1.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SSA 1 for SA 1, SA 2 to HCS for HB 2 and has again taken up and passed HCS for HB 2 as amended.
Also,
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SCS for HCS for HB 3, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference.
Senator Mathewson moved that the Senate refuse to concur in HCS for SB 1, 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.
Senator Childers moved that the Senate refuse to recede from its position on SCS for HCS for HB 3, as amended, and grant the House a conference thereon, which motion prevailed.
President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SCS for HCS for HB 3, as amended: Senators Wiggins, Childers, Caskey, Goode and Russell.
Senator McKenna offered the following concurrent resolution, which was
referred to the Committee on Rules, Joint Rules and Resolutions:
WHEREAS, House Bill No. 850 and Senate Bill Nos. 386 & 372 were Truly Agreed To and Finally Passed in order to provide for appropriate legislative oversight of executive agency rulemaking; and
WHEREAS, Senate Bill Nos. 386 & 372 amended the rulemaking authority of twenty-six agencies to apply the provisions of House Bill No. 850, and in particular Section 536.028, to those agencies, the language of which is otherwise referred to as the "JCAR amendment"; and
WHEREAS, Senate Bill No. 7 of the Extraordinary Session applies the "JCAR amendment" to only sixteen executive agencies; and
WHEREAS, the General Assembly intends to make the rulemaking authority of all agencies subject to the "JCAR amendment" and, therefore deems it advisable to examine whether there are particular circumstances as to some agency that may suggest that the "JCAR amendment" should not apply or should be adjusted in regard to that agency; and
WHEREAS, it is advisable to examine every rulemaking agency to determine whether such agency should retain their rulemaking authority or whether such rulemaking authority is subject to adequate standards consistent with legislative intent; and
NOW, THEREFORE, BE IT RESOLVED by the members of the Senate, the House of Representatives concurring therein, that an interim committee be created for the purpose of examining the rulemaking authority of executive agencies and other entities, and that said committee be authorized to function during the interim of the Eighty-ninth General Assembly; and
BE IT FURTHER RESOLVED, that said interim committee be composed of five members of the Senate appointed by the President Pro Tem, and five members of the House of Representatives appointed by the Speaker, and that no more than three members of either House shall be of the majority party;
BE IT FURTHER RESOLVED, that the committee examine the applicability of the "JCAR amendment" to all rulemaking agencies, whether each such agency should retain its rulemaking power, whether the scope of each agencies' power is subject to adequate legislative standards consistent with legislative intent and the best interest of the public, and such other matters as the members of the committee deem appropriate in regard to agency rulemaking; and
BE IT FURTHER RESOLVED, that the committee prepare a report, together with its recommendations for submission to the Eighty-ninth General Assembly by December 30, 1997, and that the Committee on Legislative Research, Senate Research and the Director of the Joint Committee on Administrative Rules provide such research, clerical, and technical services as the interim committee may require; and
BE IT FURTHER RESOLVED, that the actual and necessary expenses of the committee, its members, and any staff personnel assigned to the committee incurred in attending meetings of the committee or any subcommittee thereof, be paid from the joint contingent fund.
Senator Quick requested leave of the Senate for the Committee on Rules, Joint Rules and Resolutions to meet while the Senate is in Session, which request was granted.
Senator Quick, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following report:
Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCR 1, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.
Senator McKenna moved that the rules be suspended and SCR 1 be taken up and adopted, which motion prevailed by the following vote:
| Yeas--Senators | |||
| Bentley | Caskey | Childers | Ehlmann |
| Goode | Graves | House | Howard |
| Jacob | Johnson | Kinder | Lybyer |
| Mathewson | Maxwell | McKenna | Quick |
| Rohrbach | Russell | Schneider | Scott |
| Sims | Westfall | Wiggins | Yeckel--24 |
| Nays--Senators--None | |||
| Absent--Senators--None | |||
| Absent with leave--Senators | |||
| Banks | Clay | Curls | DePasco |
| Flotron | Kenney | Klarich | Mueller |
| Singleton | Staples--10 | ||
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 HCS for SB 1, as amended, and grants the Senate a conference thereon.
The Speaker of the House has appointed the following committee to act with a like committee from the Senate on HCS for SB 1, as amended. Representatives: Rizzo, Scheve, Harlan, Sallee, Cooper.
Also,
The Speaker of the House has appointed the following committee to act with a like committee from the Senate on SCS for HCS for HB 3, as amended. Representatives: Kreider, Crump, Leake, Robirds, Wooten.
President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HCS for SB 1, as amended: Senators Mathewson, Scott, Goode, Childers and Flotron.
The following message was received from the House of Representatives through its Chief Clerk:
Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 3 and has taken up and passed CCS for SCS for HCS for HB 3.
Emergency clause adopted.
President Pro Tem McKenna assumed the Chair.
Senator Childers, on behalf of the committee appointed to act with a like committee from the House on SCS for HCS for HB 3, as amended, submitted the following conference committee report:
Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on Senate Committee Substitute for House Committee Substitute for House Bill No. 3, with Senate Amendment No. 1, Senate Substitute Amendment No. 1 for Senate Amendment No. 2, Senate Amendments Nos. 3, 4 and 5; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:
1. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 3, as amended;
2. That the House recede from its position on House Committee Substitute for House Bill No. 3;
3. That the attached Conference Committee Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 3 be truly agreed to and finally passed.
FOR THE SENATE: FOR THE HOUSE:
/s/ Doyle Childers /s/ Jim Kreider
/s/ Wayne Goode /s/ Chuck Wooten
/s/ John Russell /s/ Estel Robirds
/s/ Harry Wiggins /s/ Sam Leake
/s/ Harold Caskey /s/ Wayne Crump
Senator Childers moved that the above conference committee report be adopted, which motion prevailed by the following vote:
| Yeas--Senators | |||
| Bentley | Caskey | Childers | Ehlmann |
| Flotron | Goode | House | Howard |
| Jacob | Johnson | Lybyer | Mathewson |
| Maxwell | McKenna | Quick | Rohrbach |
| Russell | Schneider | Scott | Sims |
| Westfall | Wiggins | Yeckel--23 | |
| Nays--Senators--None | |||
| Absent--Senators--None | |||
| Absent with leave--Senators | |||
| Banks | Clay | Curls | DePasco |
| Graves | Kenney | Kinder | Klarich |
| Mueller | Singleton | Staples--11 | |
On motion of Senator Childers, CCS for SCS for HCS for HB 3, entitled:
An Act to repeal sections 67.1150, 67.1170, 67.1177, 94.800, 94.802, 94.805, 94.810, 94.812, 94.815, 94.817, 94.820, 94.822, 94.825 and 94.870, RSMo 1994, and section 67.1000 as enacted by the first regular session of the eighty-ninth general assembly in senate bill no. 155 and approved by the governor on June 3, 1997, and to enact in lieu thereof nineteen new sections relating to local tourism taxes of municipalities and other political subdivisions currently authorized pursuant to state law or in bills passed by the eighty-ninth general assembly during the first regular session, as well as revisions ancillary to authorization of said tourism taxes, with an emergency clause and a severability clause.
Was read the 3rd time and passed by the following vote:
| Yeas--Senators | |||
| Bentley | Caskey | Childers | Ehlmann |
| Flotron | Goode | House | Howard |
| Jacob | Johnson | Lybyer | Mathewson |
| Maxwell | McKenna | Quick | Rohrbach |
| Russell | Schneider | Scott | Sims |
| Westfall | Wiggins | Yeckel--23 | |
| Nays--Senators--None | |||
| Absent--Senators--None | |||
| Absent with leave--Senators | |||
| Banks | Clay | Curls | DePasco |
| Graves | Kenney | Kinder | Klarich |
| Mueller | Singleton | Staples--11 | |
The President Pro Tem declared the bill passed.
The emergency clause was adopted by the following vote:
| Yeas--Senators | |||
| Bentley | Caskey | Childers | Ehlmann |
| Flotron | Goode | House | Howard |
| Jacob | Johnson | Lybyer | Mathewson |
| Maxwell | McKenna | Quick | Rohrbach |
| Russell | Schneider | Scott | Sims |
| Westfall | Wiggins | Yeckel--23 | |
| Nays--Senators--None | |||
| Absent--Senators--None | |||
| Absent with leave--Senators | |||
| Banks | Clay | Curls | DePasco |
| Graves | Kenney | Kinder | Klarich |
| Mueller | Singleton | Staples--11 | |
On motion of Senator Childers, title to the bill was agreed to.
Senator Childers moved that the vote by which the bill passed be reconsidered.
Senator Quick moved that motion lay on the table, which motion prevailed.
REPORTS OF STANDING COMMITTEES
Senator Quick, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following report:
Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SB 3, begs leave to report that it has examined the same and finds that the bill has been duly enrolled and that the printed copies furnished the Senators are correct.
The President Pro Tem announced that all other business would be suspended and SB 3, 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 Quick, the Senate recessed until 8:00 p.m.
The time of recess having expired, the Senate was called to order by President Pro Tem McKenna.
Senator Mueller offered Senate Resolution No. 22, regarding the Ste. Genevieve Du Bois School, which was adopted.
Senator Singleton offered Senate Resolution No. 23, regarding Life Choices Crisis Pregnancy Center, Joplin, which was adopted.
Senator Rohrbach offered Senate Resolution No. 24, regarding Carol A. Carter, Lohman, which was adopted.
Senator Flotron offered Senate Resolution No. 25, regarding John O. Clark, CLU, ChFC, which was adopted.
The President Pro Tem announced that all other business would be suspended and CCS for SCS for HCS for HB 3; and SS for HB 1, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bills would be signed by the President Pro Tem to the end that they may become law. No objections being made, the bills were so read by the Secretary and signed by the President Pro Tem.
SB 3, after having been duly signed by the Speaker of the House of Representatives in open session, was delivered to the Governor by the Secretary of the Senate.
On motion of Senator Wiggins, the Senate adjourned until 1:00 p.m., Wednesday, September 17, 1997.