The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, we are thankful that You made all of us different, for the privilege of making our own decisions and pursuing our own dreams. With all of our differences, we pray that You will bring us together to protect the rights of everyone to be different. 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 Graves offered Senate Resolution No. 842, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Leon Hart, Maryville, which was adopted.

     Senator Graves offered Senate Resolution No. 843, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Gerald Luke, Conception Junction, which was adopted.

     Senator Graves offered Senate Resolution No. 844, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Donald Swizter, Brookfield, which was adopted.

     Senator Graves offered Senate Resolution No. 845, regarding Doris Jean Campbell, Stewartsville, which was adopted.

     Senator Graves offered Senate Resolution No. 846, regarding Jennifer Mezger, Bridgeway, which was adopted.

     Senator Graves offered Senate Resolution No. 847, regarding Christopher Cody Rowlett, Maitland, which was adopted.

     Senator Graves offered Senate Resolution No. 848, regarding Shanna Marshall, which was adopted.

     Senator Graves offered Senate Resolution No. 849, regarding the Sixtieth Wedding Anniversary of Mr. and Mrs. Forest Alldredge, Stanberry, which was adopted.

     Senator Graves offered Senate Resolution No. 850, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Russell Gillip, King City, which was adopted.

     Senator Graves offered Senate Resolution No. 851, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Eldon Davis, Mound City, which was adopted.

     Senator Graves offered Senate Resolution No. 852, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Fred Nail, Martinsville, which was adopted.

     Senator Graves offered Senate Resolution No. 853, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Max Littrell, Chillicothe, which was adopted.

     Senator Graves offered Senate Resolution No. 854, regarding Dr. Dean L. Hubbard, which was adopted.

     Senator Graves offered Senate Resolution No. 855, regarding the Forty-fifth Wedding Anniversary of Mr. and Mrs. Patrick Hanley Wilson, Green City, which was adopted.

     Senator Staples offered Senate Resolution No. 856, regarding the Ark-Mo I-30 Corridor Coalition, which was adopted.

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on HS for HCS for HB 472, with SA 1: Senators Scott, Mathewson, Clay, Klarich and Flotron.

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SS for SCS for HB 207, as amended: Senators Staples, Lybyer, McKenna, Westfall and Flotron.

     Senator Wiggins assumed the Chair.

     Senator Lybyer moved that HB 487 be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     Senator Lybyer moved that HB 487 be read the 3rd time and finally passed.

     Senator Ehlmann offered a substitute motion that HB 487 be returned to committee for the purpose of adding amendments.

     At the request of Senator Ehlmann, the substitute motion was withdrawn.

     At the request of Senator Lybyer, the motion for 3rd reading and final passage was withdrawn, placing the bill back on the Consent Calendar.

     HCS for HB 288, with SCAs 1, 2, 3 and 4, entitled:

     An Act to repeal sections 640.102, 640.115, 640.120, 640.125, 640.130, 644.101, 644.116 and 644.122, RSMo 1994, and section 640.100, RSMo Supp. 1996, relating to public drinking water, and to enact in lieu thereof twelve new sections relating to the same subject, with penalty provisions.

     Was taken up by Senator Goode.

     SCA 1 was taken up.

     Senator Goode moved that the above amendment be adopted.

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

     Amend Senate Committee Amendment No. 1 to House Committee Substitute for House Bill No. 288, Page 1, Section 640.100, Line 9, by adding after the "." the following: "Any such state certification shall satisfy any need for local certification.".

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

     SCA 1, as amended, was taken up.

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

     SCA 2 was taken up.

     Senator Goode moved that the above amendment be adopted.

     Senator Ehlmann offered SSA 1 for SCA 2:

     Amend House Committee Substitute for House Bill No. 288, Page 10, Section 640.137, Line 17, by inserting immediately after all of said line the following:

     "644.037. Where applicable, under section 404 of the federal Clean Water Act and where the U.S. Army Corps of Engineers has determined that a nationwide permit may be utilized, the department shall certify without conditions said nationwide permit as it applies to impacts on wetlands in this state."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Staples assumed the Chair.

     Senator Johnson announced that photographers from the Associated Press had been given permission to take pictures in the Senate Chamber today.

     SCA 3 was taken up.

     Senator Goode moved that the above amendment be adopted.

     Senator Maxwell offered SSA 1 for SCA 3:

     Amend House Committee Substitute for House Bill No. 288, Page 4, Section 640.107, Lines 1 to 3, by striking all of said lines and inserting in lieu thereof the following:

     "640.107. 1. There is hereby established, as a subfund of the water and wastewater fund established in section 644.122, RSMo, the "Drinking Water Revolving Fund", which shall be maintained and accounted for separately, and which shall consist of moneys from all lawful public and private sources including legislative appropriations, federal capitalization grants, interest on investments and principal and interest payments with respect to loans made from the drinking water revolving fund. Money in the drinking water revolving fund may be used only for purposes as are authorized in the Federal Safe Drinking Water Act, as amended from time to time.

     2. The commission shall, consistent with the requirements of the federal Safe Drinking Water Act for the drinking water revolving fund to become eligible for capitalization grants from the U.S. Environmental Protection Agency, establish criteria and procedures for the selection of projects and the making of loans or the grant of loan subsidies for disadvantaged communities.

     3. After providing for review and public comment, and in accordance with the requirements for such plans set forth in the federal Safe Drinking Water Act, the commission shall annually prepare an intended use plan for the funds available in the drinking water revolving fund.

     4. Consistent with the requirements of the federal Safe Drinking Water Act, and only to the extent funds are able to be obligated for eligible projects of public water systems, in developing its annual intended use plan, the commission shall make available no less than thirty-five percent, but may make available greater than thirty-five percent, of the moneys credited to the drinking water revolving fund solely for project loans and loan subsidies for projects of systems serving fewer than ten thousand people in accordance with the following:

     Systems Serving          Percentage

     0 - 3300 people          20%

     3301 - 9,999 people     15%

provided that, in any fiscal year, loan subsidies may not exceed the maximum percentage as specified in the federal Safe Drinking Water Act. In any fiscal year in which there are insufficient applicants and projects in the population categories listed above to allocate the percentages of funds specified pursuant to this subsection, any balance of funds otherwise reserved for systems serving fewer than ten thousand people shall be available for obligation to eligible projects from any eligible applicant. Such uncommitted balances shall be redistributed in accordance with the intended use plan.".

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

     SCA 4 was taken up.

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

     Senator Goode offered SA 1, which was read:

     Amend House Committee Substitute for House Bill No. 288, Page 4, Section 640.102, Line 19, by striking the word "piped".

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

     Senator Caskey offered SA 2:

     Amend House Committee Substitute for House Bill No. 288, Page 11, Section 644.122, Line 38, by inserting after all of said line the following:

     "Section 1. Beginning January 1, 1997, notwithstanding any other provision of law to the contrary, a privately owned water company serving customers in a city with a population of at least fifteen thousand but not more than seventeen thousand inhabitants where such city is located in a county of the fourth classification shall not increase the rates charged to customers in such city or in any other political subdivision in which the water company serves customers for the purpose of acquisition, design, improvement, construction or operation of a facility if such facility does not benefit the customers in such city or political subdivision. Notwithstanding the provisions of this section, if a governing body of a city or political subdivision not benefiting from such acquisition, design, improvement, construction or operation approves a rate increase for such purpose, the rates charged in such city or political subdivision may be increased only for the customers residing in such city or political subdivision. The provisions of this section shall not apply to construction projects commenced before January 1, 1997."; and

     Further amend the title and enacting clause accordingly.

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

     Senator McKenna offered SA 3:

     Amend House Committee Substitute for House Bill No. 288, Page 11, Section 644.122, Line 38, by inserting immediately after all of said line the following:

     "Section 1. Any rule or portion of a rule promulgated pursuant to this act shall become effective only as provided pursuant to 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. The provisions of this section and section 536.028, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028, RSMo, if applicable, 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."; and

     Further amend said bill, page 11, section 644.122, line 38, by inserting immediately after all of said line the following:

     "Section 2. 1. In any action challenging any rule promulgated pursuant to the provisions of this act, the agency as defined in section 536.010, RSMo, promulgating such rule shall be required to prove by a preponderance of the evidence that the rule or threatened application of the rule is valid, is authorized by law, is not in conflict with any law and is not arbitrary and capricious.

     2. The court shall award reasonable fees and expenses as defined in section 536.085, RSMo, to any party who prevails in such action.

     3. All rules promulgated pursuant to the provisions of this section shall expire on August twenty-eighth of the year after the year in which the rule became effective unless the general assembly extends by statute the rule or set of rules beyond that date to a date specified by the general assembly.

     4. Any rulemaking authority granted pursuant to the provisions of this act is subject to any rulemaking authority contained in chapter 536, RSMo, including any subsequent amendments to chapter 536, RSMo.

     5. The provisions of this section shall terminate if legislation amending the provisions of section 536.024, RSMo, has been signed into law prior to the effective date of this act."; and

     Further amend the title and enacting clause accordingly.

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

     Senator McKenna offered SA 4:

     Amend House Committee Substitute for House Bill No. 288, Page 1, In the Title, Line 4, by deleting the word "twelve" and inserting in lieu thereof the word "thirteen"; and

     Further amend said bill, Page 1, Section A, Line 2, by deleting the word "twelve" and inserting in lieu thereof the word "thirteen"; and

     Further amend said bill, Page 1, Section A, Line 4, by inserting after the number "640.137," the number "644.042,"; and

     Further amend said bill, Page 10, Section 640.137, Line 17, by inserting after all of said line the following:

     "644.042. 1. The clean water commission of the state of Missouri, created in section 644.021, may adopt by rule a rebuttable presumption that any stream segment located within one mile upstream of a stream segment that has been determined by the commission to be a losing stream, as defined by the commission by rule, is also a losing stream until determined otherwise by the commission based upon the evidence.

     2. Except for the presumption authorized by subsection 1 of this section, the commission shall not adopt any presumption that any other stream segments are losing streams, and shall make any such determinations based on data applicable to such stream segments.".

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

     Senator Childers offered SA 5:

     Amend House Committee Substitute for House Bill No. 288, Page 6, Section 640.120, Line 19, by inserting the following:

"Any person subject to section 256.468 who is registered as a professional geologist in another state and has practiced no less than five years in the state of Missouri other requirements notwithstanding may be certified as a registered geologist in the state of Missouri subject to approval of the board of geologist registration.".

     Senator Childers moved that the above amendment be adopted.

     Senator Goode offered SA 1 to SA 5, which was read:

     Amend Senate Amendment No. 5 to House Committee Substitute for House Bill No. 288, Page 1, Section 640.120, Line 4, by inserting after the word "state" the following: "whose requirements are substantially the same as those of this state".

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

     Senator Childers moved that SA 5, as amended, be adopted, which motion prevailed.

     Senator Ehlmann offered SA 6:

     Amend House Committee Substitute for House Bill No. 288, Page 10, Section 640.137, Line 17, by inserting after all of said line the following:

     "644.018. In any contested case involving surface water in any flood prone area, if any defendant has obtained a permit from a political subdivision which has enacted orders or ordinances as required by the Federal Emergency Management Agency as a prerequisite to participation in the National Flood Insurance Program, and which political subdivision has jurisdiction over the area in dispute, then the proper permitting of said project shall be conclusive proof that the project is a reasonable use and meets any reasonable use test imposed by law or by a court."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Rohrbach offered SA 7:

     Amend House Committee Substitute for House Bill No. 288, Page 10, Section 640.137, Line 17, by inserting immediately after all of said line the following:

     "644.036. 1. No standard, rule or regulation or any amendment or repeal thereof shall be adopted except after a public hearing to be held after thirty days' prior notice by advertisement of the date, time and place of the hearing and opportunity given to the public to be heard. Notice of the hearings and copies of the proposed standard, rule or regulation or any amendment or repeal thereof shall also be given by regular mail, at least thirty days prior to the scheduled date of the hearing, to any person who has registered with the executive secretary for the purpose of receiving notice of such public hearings in accordance with the procedures prescribed by the commission at least forty-five days prior to the scheduled date of the hearing. However, this provision shall not preclude necessary changes during this thirty-day period.

     2. At the hearing, opportunity to be heard by the commission with respect to the subject thereof shall be afforded any interested person upon written request to the commission, addressed to the executive secretary, not later than seven days prior to the hearing, and may be afforded to other persons if convenient. In addition, any interested persons, whether or not heard, may submit, within seven days subsequent to the hearings, a written statement of their views. The commission may solicit the views, in writing, of persons who may be affected by, or interested in, proposed rules and regulations, or standards. Any person heard or represented at the hearing or making written request for notice shall be given written notice of the action of the commission with respect to the subject thereof.

     3. Any standard, rule or regulation or amendment or repeal thereof shall not be deemed adopted or in force and effect until it has been approved in writing by at least four members of the commission. A standard, rule or regulation or an amendment or repeal thereof shall not become effective until a certified copy thereof has been filed with the secretary of state as provided in chapter 536, RSMo.

     4. Unless prohibited by any federal water pollution control act, any standard, rule or regulation or any amendment or repeal thereof which is adopted by the commission may differ in its terms and provisions as between particular types and conditions of water quality standards or of water contaminants, as between particular classes of water contaminant sources, and as between particular waters of the state.

     5. Except as otherwise provided pursuant to subsection 6 of this section, all rules promulgated by the Missouri clean water commission shall be no stricter than those required pursuant to federal law.

     6. The commission may adopt federal rules by reference following the procedures and requirements of section 644.036, RSMo. Where federal rules are adopted by reference, failure to include certain rules shall not, in itself, mean that those rules are not applicable in this state and shall not be interpreted to mean that the state intends to be more restrictive than federal requirements. In cases where there are no federal standards or guidelines for such regulation, where no other provision of law exists, or where such federal laws, standards, or guidelines are not sufficient to protect public health, welfare, or the environment, the commission may regulate such activities based upon substantial evidence on the record after public hearing and finding by the commission that the subject of such regulation constitutes a significant adverse impact to public health, welfare, or the environment. The commission shall establish procedures for the exercise of its authority under this section for determining whether a significant adverse impact to pubic health, welfare, or the environment exists through formal rulemaking. Such criteria and rulemaking shall be based upon reasonably available scientific data and shall, at a minimum, include consideration of health, welfare, economics, pollution prevention and the effectiveness and cost of available control methods."; and

     Further amend the title and enacting clause accordingly.

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

     President Pro Tem McKenna resumed the Chair.

     Senator Singleton offered SA 8:

     Amend House Committee Substitute for House Bill No. 288, Page 11, Section 644.137, Line 38, by inserting after all of said line the following:

     "Section 1. 1. There is hereby established in each public water supply district in this state a "Board of Rate, Charge and Service Complaint Review", hereafter referred to as the "board". The board shall consist of three members, which shall include the president of the board of directors of the district, the presiding commissioner of the county in which the district is located or the county which contains the largest number of inhabitants of the public water supply district as measured by the most recent decennial census if the district is located in more than one county and a public member selected as provided in subsection 2 of this section.

     2. The initial public member shall be appointed by the circuit court in which the district was established pursuant to section 247.040, RSMo, and shall serve until the immediately following first Tuesday after the first Monday in June. On the expiration of the term of the public member, a public member shall be elected to serve a term of three years, and such election shall be held as otherwise provided by law for election of members of the board of directors of a public water supply district, and such elections may be held in April pursuant to section 247.180, RSMo. The initial public member may be elected to serve as the public member, and a public member may be elected to serve any number of terms. A public member shall be a voter of the district and shall have resided in the district for one whole year immediately prior to his election. A public member shall be at least twenty-five years of age and shall not be delinquent in the payment of taxes at the time of his election. A public member shall not be a member of the board of directors of the district nor an employee of the district nor related to a member of the board of directors of the district or an employee of the district to within the first degree of consanguinity or affinity.

     3. Two members of the board shall constitute a quorum, but no finding, determination, recommendation or other action may be taken by the board except upon the affirmative vote of at least two members of the board.

     4. The board shall hear all complaints brought before it regarding services provided by the public water supply district or regarding the reasonableness of the rates or charges fixed by the district. A hearing shall be held within thirty days of receipt of a written complaint, unless the board determines, for good cause shown, that a hearing can not be held within thirty days, in which case the hearing shall be held no later than sixty days following receipt of the complaint. In determining the reasonableness of the rates or charges, the board shall strive to ensure that the district does not collect for any service or product rendered a greater or less compensation than it collects from any other person for providing a like and contemporaneous service under the same or substantially the same circumstances and conditions and the board shall strive to ensure that no rate or charge places an unreasonable burden upon a customer or class of customer of a particular product or service in relation to the rates of the district. In any hearing on a complaint, the burden shall be on the district to show, by clear and convincing evidence, that the rate or charge is reasonably necessary to promote the public interest and the purposes and policies of the district.

     5. Within thirty days following the hearing on a complaint as to the reasonableness of a rate or charge, the board shall make a determination as to whether the rate or charge is just and reasonable. Upon a determination that the charge is unreasonable, the board shall so inform the board of directors of the district along with its recommendations, if any, for a reasonable rate of charge for such product or service. The board of directors may, within a reasonable time established in its rule and regulations but no later than ninety days, revise any rate or charge determined by the board to be unreasonable to a reasonable rate and may adopt the rate recommended by the board.

     6. Within thirty days following the hearing on a complaint regarding the adequacy of any service or product provided by the district, the board shall determine if the service provided meets the requirements of applicable laws and the rules of the district and is adequate to promote the policies and purposes of the district. Upon a determination that the service is inadequate, the board shall so inform the board of directors of the district along with its recommendation for remediation, including a recommended time table for such remediation. The board of directors shall make reasonable remediation within a reasonable time of any service determined by the board to be inadequate.

     7. No penalties may be assessed nor any lien imposed on the basis of a delinquent charge pursuant to section 247.110, RSMo, if the charge is determined by the board to be unreasonable."; and

     Further amend the title and enacting clause accordingly.

     Senator Singleton moved that the above amendment be adopted.

     Senator Singleton offered SA 1 to SA 8, which was read:

     Amend Senate Amendment No. 8 to House Committee Substitute for House Bill No. 288, Page 1, Section 1, Line 4, by adding following the word "board" the following: "if a majority of the voting members of the district approve at a regularly scheduled election date.".

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

     Senator Singleton moved that SA 8, as amended, be adopted, which motion prevailed.

     On motion of Senator Goode, HCS for HB 288, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Childers
Curls	DePasco	Ehlmann	Flotron
Goode	Graves	House	Johnson
Kenney	Kinder	Klarich	Lybyer
Mathewson	Maxwell	McKenna	Quick
Rohrbach	Russell	Schneider	Scott
Sims	Singleton	Westfall	Wiggins
Yeckel--29
	Nays--Senators--Howard--1
	Absent--Senators
Clay	Jacob	Mueller	Staples--4
	Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

     On motion of Senator Goode, title to the bill was agreed to.

     Senator Goode moved that the vote by which the bill passed be reconsidered.

     Senator Quick moved that motion lay on the table, 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 adopted SCS for HCS for HB 214 and has again taken up and passed SCS for HCS for HB 214.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HS for HCS for HB 472, as amended: Representatives: Luetkenhaus, May (108), Gratz, Secrest, Pryor.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HCS for HB 276, as amended: Representatives: Davis (122), Skaggs, Harlan, Linton and Cooper.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HCS for HB 141 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon and the conferees be allowed to exceed the differences in Sections 407.980 and 407.985.

     Senator Wiggins requested unanimous consent of the Senate to correct the committee report on HB 34, by including SCA 1, which request was granted.

     Amend House Bill No. 34, Page 1, Section 1, Line 1, by inserting immediately before said line the following:

     "135.550. 1. As used in this section, the following terms shall mean:

     (1) "Maternity home", a residential facility located in this state established for the purpose of providing housing and assistance to pregnant women who are carrying their pregnancies to term, and which is exempt from income taxation under the United States Internal Revenue Code;

     (2) "State tax liability", in the case of a business taxpayer, any liability incurred by such taxpayer under the provisions of chapter 143, RSMo, chapter 147, RSMo, chapter 148, RSMo, and chapter 153, RSMo, exclusive of the provisions relating to the withholding of tax as provided for in sections 143.191 to 143.265, RSMo, and related provisions, and in the case of an individual taxpayer, any liability incurred by such taxpayer under the provisions of chapter 143, RSMo;

     (3) "Taxpayer", person, firm, a partner in a firm, corporation or a shareholder in an S corporation doing business in the state of Missouri and subject to the state income tax imposed by the provisions of chapter 143, RSMo, or a corporation subject to the annual corporation franchise tax imposed by the provisions of chapter 147, RSMo, or an insurance company paying an annual tax on its gross premium receipts in this state, or other financial institution paying taxes to the state of Missouri or any political subdivision of this state under the provisions of chapter 148, RSMo, or an express company which pays an annual tax on its gross receipts in this state pursuant to chapter 153, RSMo, or an individual subject to the state income tax imposed by the provisions of chapter 143, RSMo.

     2. A taxpayer shall be allowed to claim a tax credit against the taxpayer's state tax liability, in an amount equal to fifty percent of the amount such taxpayer contributed to a maternity home.

     3. The amount of the tax credit claimed shall not exceed the amount of the taxpayer's state tax liability for the taxable year that the credit is claimed, and such taxpayer shall not be allowed to claim a tax credit in excess of fifty thousand dollars per taxable year. However, any tax credit that cannot be claimed in the taxable year the contribution was made may be carried over to the next four succeeding taxable years until the full credit has been claimed.

     4. Except for any excess credit which is carried over pursuant to subsection 3 of this section, a taxpayer shall not be allowed to claim a tax credit unless the total amount of such taxpayer's contribution or contributions to a maternity home or homes in such taxpayer's taxable year is at least one hundred dollars.

     5. The director of the department of social services shall determine, at least annually, which facilities in this state may be classified as maternity homes. The director of the department of social services may require of a facility seeking to be classified as a maternity home whatever information is reasonably necessary to make such a determination. The director of the department of social services shall classify a facility as a maternity home if such facility meets the definition set forth in subsection 1 of this section.

     6. The director of the department of social services shall establish a procedure by which a taxpayer can determine if a facility has been classified as a maternity home, and by which such taxpayer can then contribute to such maternity home and claim a tax credit. The cumulative amount of tax credits which may be claimed by all the taxpayers contributing to maternity homes in any one fiscal year shall not exceed two million dollars.

     7. The director of the department of social services shall establish a procedure by which, from the beginning of the fiscal year until some point in time later in the fiscal year to be determined by the director of the department of social services, the cumulative amount of tax credits are equally apportioned among all facilities classified as maternity homes. If a maternity home fails to use all, or some percentage to be determined by the director of the department of social services, of its apportioned tax credits during this predetermined period of time, the director of the department of social services may reapportion these unused tax credits to those maternity homes that have used all, or some percentage to be determined by the director of the department of social services, of their apportioned tax credits during this predetermined period of time. The director of the department of social services may establish more than one period of time and reapportion more than once during each fiscal year. To the maximum extent possible, the director of the department of social services shall establish the procedure described in this subsection in such a manner as to ensure that taxpayers can claim all the tax credits possible up to the cumulative amount of tax credits available for the fiscal year.

     135.600. 1. As used in this section, the following terms shall mean:

     (1) "Shelter for victims of domestic violence", a facility located in this state which meets the definition of a shelter for victims of domestic violence under section 455.200, RSMo, and which meets the requirements of section 455.220, RSMo;

     (2) "State tax liability", in the case of a business taxpayer, any liability incurred by such taxpayer under the provisions of chapter 143, RSMo, chapter 147, RSMo, chapter 148, RSMo, and chapter 153, RSMo, exclusive of the provisions relating to the withholding of tax as provided for in sections 143.191 to 143.265, RSMo, and related provisions, and in the case of an individual taxpayer, any liability incurred by such taxpayer under the provisions of chapter 143, RSMo;

     (3) "Taxpayer", person, firm, a partner in a firm, corporation or a shareholder in an S corporation doing business in the state of Missouri and subject to the state income tax imposed by the provisions of chapter 143, RSMo, or a corporation subject to the annual corporation franchise tax imposed by the provisions of chapter 147, RSMo, or an insurance company paying an annual tax on its gross premium receipts in this state, or other financial institution paying taxes to the state of Missouri or any political subdivision of this state under the provisions of chapter 148, RSMo, or an express company which pays an annual tax on its gross receipts in this state pursuant to chapter 153, RSMo, or an individual subject to the state income tax imposed by the provisions of chapter 143, RSMo.

     2. A taxpayer shall be allowed to claim a tax credit against the taxpayer's state tax liability, in an amount equal to fifty percent of the amount such taxpayer contributed to a shelter for victims of domestic violence.

     3. The amount of the tax credit claimed shall not exceed the amount of the taxpayer's state tax liability for the taxable year that the credit is claimed, and such taxpayer shall not be allowed to claim a tax credit in excess of fifty thousand dollars per taxable year. However, any tax credit that cannot be claimed in the taxable year the contribution was made may be carried over to the next four succeeding taxable years until the full credit has been claimed.

     4. Except for any excess credit which is carried over pursuant to subsection 3 of this section, a taxpayer shall not be allowed to claim a tax credit unless the total amount of such taxpayer's contribution or contributions to a shelter or shelters for victims of domestic violence in such taxpayer's taxable year is at least one hundred dollars.

     5. The director of public safety shall determine, at least annually, which facilities in this state may be classified as shelters for victims of domestic violence. The director of public safety may require of a facility seeking to be classified as a shelter for victims of domestic violence whatever information is reasonably necessary to make such a determination. The director of public safety shall classify a facility as a shelter for victims of domestic violence if such facility meets the definition set forth in subsection 1 of this section.

     6. The director of public safety shall establish a procedure by which a taxpayer can determine if a facility has been classified as a shelter for victims of domestic violence, and by which such taxpayer can then contribute to such shelter for victims of domestic violence and claim a tax credit. The cumulative amount of tax credits which may be claimed by all the taxpayers contributing to shelters for victims of domestic violence in any one fiscal year shall not exceed two million dollars.

     7. The director of public safety shall establish a procedure by which, from the beginning of the fiscal year until some point in time later in the fiscal year to be determined by the director of public safety, the cumulative amount of tax credits are equally apportioned among all facilities classified as shelters for victims of domestic violence. If a shelter for victims of domestic violence fails to use all, or some percentage to be determined by the director of public safety, of its apportioned tax credits during this predetermined period of time, the director of public safety may reapportion these unused tax credits to those shelters for victims of domestic violence that have used all, or some percentage to be determined by the director of public safety, of their apportioned tax credits during this predetermined period of time. The director of public safety may establish more than one period of time and reapportion more than once during each fiscal year. To the maximum extent possible, the director of public safety shall establish the procedure described in this subsection in such a manner as to ensure that taxpayers can claim all the tax credits possible up to the cumulative amount of tax credits available for the fiscal year."; and

     Further amend the title and enacting clause accordingly.

     Senator Kinder moved that the Senate refuse to concur in HS for SCS for SBs 49, 213, 130, 32, 235 and 221, 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 Caskey offered the following concurrent resolution, which was referred to the Committee on Rules, Joint Rules and Resolutions:

     WHEREAS, Article III, section 25 of the Missouri Constitution provides that no appropriation bill shall be taken up for consideration after 6:00 p.m. on the first Friday following the first Monday in May of each year; and

     WHEREAS, the eighty-ninth General Assembly failed to Truly Agree To HB 10, the appropriation bill for the Departments of Health and Mental Health and HB 12, the appropriation bill for the General Assembly, statewide elected officials and judges, by the constitutionally established deadline, 6:00 p.m. on Friday, May 9, 1997, for approval of a state operating budget for fiscal year 1998; and

     WHEREAS, the eighty-ninth General Assembly has therefore failed to complete its most important function, the function of approval of an operating budget, during the first regular session; and

     WHEREAS, on May 12, 1997, Governor Mel Carnahan announced that he will call the General Assembly into Special Session, beginning at 6:30 p.m. on Friday, May 16, 1997; for the purpose of completing passage of a state operating budget for fiscal year 1998; and

     WHEREAS, additional state costs will be incurred in the conduct of this Special Session; and

     WHEREAS, the members of the General Assembly, who are responsible for these extra costs because of their failure to adopt an operating budget within the constitutionally allowed time, would otherwise be authorized to receive per diem reimbursement for each day of the Special Session; and

     NOW, THEREFORE, BE IT RESOLVED, by the Senate of the eighty-ninth General Assembly, First Regular Session, the House of Representatives concurring therein, that the members of the General Assembly agree not to accept per diem reimbursement for each day of a Special Session called for the purpose of completing passage of a state operating budget; and

     BE IT FURTHER RESOLVED that a properly inscribed copy of this resolution be presented to the Governor.

     President Wilson assumed the Chair.

     President Pro Tem McKenna resumed the Chair.

     Senator Schneider moved that the Senate refuse to concur in HS for SS for SB 97, 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.

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SS for SCS for HB 259: Senators Mathewson, Goode, Clay, Flotron and Rohrbach.

     On motion of Senator Quick, the Senate recessed until 2:00 p.m.

     The time of recess having expired, the Senate was called to order by Senator Johnson.

     The following messages were received from the House of Representatives through its Chief Clerk:

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HS for HCS for SCS for SB 141, as amended: Representatives: Treadway, Stoll, Barry, Nordwald, Holand.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SS for SCS for HB 259: Representatives: Liese, Bauer, VanZandt, Elliott and Donovan.

     HB 32, with SCS, introduced by Representative Bland, entitled:

     An Act relating to certain health care providers.

     Was called from the Informal Calendar and taken up by Senator Banks.

     SCS for HB 32, entitled:

     An Act relating to certain health care providers.

     Was taken up.

     Senator Banks moved that SCS for HB 32 be adopted.

     Senator Banks offered SA 1, which was read:

     Amend Senate Committee Substitute for House Bill No. 32, Page 3, Section 4, Line 8, by inserting after all of said line the following: "The department of health shall receive any application submitted and certify, if qualified; except that the department shall only issue the first one thousand certificates for application to health maintenance organizations.".

     Senator Banks moved that the above amendment be adopted.

     At the request of Senator Banks, SA 1 was withdrawn.

     Senator Kenney offered SA 2:

     Amend Senate Committee Substitute for House Bill No. 32, Page 1, In the Title, Line 2, by striking all of said line and inserting in lieu thereof the following:

"To repeal section 191.227, RSMo 1994, relating to certain health care providers, and to enact in lieu thereof seven new sections relating to the same subject."; and

     Further amend said bill, Page 1, Section 1, Line 1, by inserting immediately before all of said line the following:

     "Section A. Section 191.227, RSMo 1994, is repealed and seven new sections enacted in lieu thereof, to be known as sections 191.227, 1, 2, 3, 4, 5 and 6, to read as follows:

     191.227. 1. All physicians, chiropractors, hospitals, dentists, and other duly licensed practitioners in this state, herein called "providers", shall, upon written request of a patient, or guardian or legally authorized representative of a patient, furnish a copy of his record of that patient's health history and treatment rendered to the person submitting a written request, except that such right shall be limited to access consistent with the patient's condition and sound therapeutic treatment as determined by the provider. [Beginning August 28, 1994,] Such record shall be furnished within a reasonable time of the receipt of the request therefor and upon payment of a handling fee of [fifteen] twenty-five dollars plus a fee of thirty-five cents per page for copies of documents made on a standard photocopy machine.

     2. Notwithstanding provisions of this section to the contrary, providers may charge for the reasonable cost of all duplications of medical record material or information which cannot routinely be copied or duplicated on a standard commercial photocopy machine.

      3. The transfer of the patient's record done in good faith shall not render the provider liable to the patient or any other person for any consequences which resulted or may result from disclosure of the patient's record as required by this section.".

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

     Senator Wiggins offered SA 3:

     Amend Senate Committee Substitute for House Bill No. 32, Page 4, Section 6, Line 4, by inserting after all of said line the following:

     "Section 7. No physician shall perform an abortion unless the physician first obtains a medical malpractice insurance policy covering personal injury or death to the physician's abortion patients arising out of the rendering of or the failure to render health care services by the physician while performing abortions. The insurance policy shall be sufficient to satisfy a damage award of five hundred thousand dollars.".

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

     Senator Maxwell offered SA 4:

     Amend Senate Committee Substitute for House Bill No. 32, Page 4, Section 6, Line 4, by inserting immediately after said line the following:

     "Section B. Sections 376.1399 and 536.028 from senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 335 as truly agreed to and finally passed by the first regular session of the eighty-ninth general assembly and section 14 from senate amendment no. 26 to senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 335 as truly agreed to and finally passed by the first regular session of the eighty-ninth general assembly are repealed.

     [376.1399. 1. The director may, after notice and hearing, promulgated reasonable rules to carry out the provisions of sections 376.1350 to 376.1390. The director shall have the authority to promulgate rules to accomplish the following purposes:

     (1) To regulate the internal affairs of the department of insurance;

     (2) To prescribe forms and procedures to be followed in proceedings before the department of insurance; and

     (3) To effectuate or aid in the interpretation of any law of this state pertaining to the subject matters of sections 376.1350 to 376.1390.

     2. Any rule that has the effect of creating or substantially modifying a legal right, liability, obligation or sanction shall be considered substantive. The director may only promulgate substantive rules on subject matters specifically authorized pursuant to sections 376.1350 to 376.1390 and any substantive rule or portion of a rule shall become effective only as provided pursuant to chapter 536, RSMo, including, but not limited to, section 536.028, after the effective date of this act. All such substantive rules and all substantive rulemaking authority granted pursuant to sections 376.1350 to 376.1390 shall expire on August 31, 1998. Any act by the general assembly that serves to extend or postpone the expiration of any rule or rulemaking authority shall not constitute legislative approval of the rule or authority nor be admissible in any court as evidence of legislative intent. 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.]

     [536.028. 1. The delegation of authority to any state agency to propose to the general assembly rules as provided under this section is contingent upon the agency complying with the provisions of this section and this delegation of legislative power to the agency to propose an order of rulemaking containing a rule or portion thereof that has the effect of substantive law, other than a rule relating to the agency's organization and internal management, is contingent and dependent upon the power of the general assembly to review such proposed order of rulemaking, to delay the effective date of such proposed order of rulemaking until the expiration of at least thirty legislative days of a regular session after such order is filed with the general assembly and the secretary of state, and to disapprove and annul any rule or portion thereof contained in such order of rulemaking.

     2. No rule or portion of a rule that has the effect of substantive law shall become effective until the order of rulemaking, in which such rule or portion thereof is contained, has been reviewed by the general assembly in accordance with the procedures provided herein and the agency's authority to propose an order of rulemaking is dependent upon the power of the general assembly to disapprove and annul any such proposed rule or portion thereof as provided herein.

     3. In order for the general assembly to have an effective opportunity to be advised of rules proposed by any state agency under the authority of this section, an agency may propose a rule by complying with the procedures provided in section 536.021, except that the notice of proposed rulemaking shall first be filed with the general assembly by providing a copy thereof to the joint committee on administrative rules which may hold hearings upon any proposed rule or portion thereof at any time. The agency shall cooperate with the joint committee on administrative rules by providing any witnesses, documents or information within the control of the agency as may be requested.

     4. In order to propose an order of rulemaking to the general assembly, the agency shall comply with the provisions of section 536.021, except that the agency may file a proposed order of rulemaking with the secretary of state only by first filing such proposed order with the general assembly by providing a copy thereof to the secretary of the senate and the clerk of the house of representatives. The president pro tem of the senate shall direct that a copy of the proposed order of rulemaking be delivered to the joint committee on administrative rules which may hold hearings thereon. The agency shall cooperate with the committee by providing any witnesses, documents or information within the control of the agency as may be requested.

     5. Such proposed order of rulemaking shall not become effective prior to the expiration of thirty legislative days of a regular session after such order is filed with the secretary of state and the general assembly.

     6. The committee may, by majority vote of its members, recommend that the general assembly disapprove and annul any rule or portion thereof contained in an order of rulemaking after hearings thereon and, upon a finding that such rule or portion thereof should be disapproved and annulled upon the following grounds:

     (1) Such rule is substantive in nature in that it creates rights or liabilities or provides for sanctions as to any person, corporation or other legal entity; and

     (2) Such rule or portion thereof is not in the public interest or is not authorized by the general assembly for one or more of the following grounds:

     (a) An absence of statutory authority for the proposed rule;

     (b) The proposed rule is in conflict with state law;

     (c) Such proposed rule is likely to substantially endanger the public health, safety or welfare;

     (d) The rule exceeds the purpose, or is more restrictive than is necessary to carry out the purpose, of the statute granting rulemaking authority;

     (e) A substantial change in circumstance has occurred since enactment of the law upon which the proposed rule is based as to result in a conflict between the purpose of the law and the proposed rule, or as to create a substantial danger to public health and welfare;

     (f) The proposed rule is so arbitrary and capricious as to create such substantial inequity as to be unreasonably burdensome on persons affected.

     7. Any recommendation or report issued by the committee pursuant to subsection 6 of this section shall be admissible as evidence in any judicial proceeding and entitled to judicial notice without further proof.

     8. The general assembly may adopt a concurrent resolution in accordance with the provisions of article IV, section 8 of the Missouri constitution to disapprove and annul any rule or portion thereof upon one or more of the grounds stated in subsection 6 of this section.

     9. Any rule or portion thereof not disapproved within thirty legislative days of a regular session pursuant to subsection 8 of this section shall be deemed approved by the general assembly and the secretary of state may publish such order of rulemaking as soon as practicable upon the expiration of thirty legislative days of a regular session after the order of rulemaking was filed with the secretary of state and the general assembly.

     10. Upon adoption of such concurrent resolution as provided in subsection 8 of this section, the secretary of state shall not publish the order of rulemaking until the expiration of time necessary for such resolution to be signed by the governor, or vetoed and subsequently acted upon by the general assembly pursuant to article III, section 32 of the Missouri Constitution. If such concurrent resolution is adopted and signed by the governor or reconsidered pursuant to article III, section 32, the secretary of state shall publish in the Missouri Register, as soon as practicable, the order of rulemaking along with notice of the proposed rules or portions thereof which are disapproved and annulled by the general assembly.

     11. Notwithstanding the provisions of section 1.140, RSMo, the provisions of this section are nonseverable and the delegation of legislative authority to an agency to propose orders of rulemaking is essentially dependent upon the powers vested with the general assembly as provided herein. If any of the powers vested with the general assembly to review, to delay the effective date or to disapprove and annul a rule or portion of a rule contained in an order of rulemaking, are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking pursuant thereto shall be invalid and void.

     12. Nothing in this section shall prevent the general assembly from adopting by bill within thirty legislative days of a regular session the rules or portions thereof, or as the same may be amended, as contained in a proposed order of rulemaking. In that event, the proposed order of rulemaking shall have been superseded and any rule proposed therein shall be void and only such rules adopted by the general assembly and submitted to the governor may become effective. Rules so adopted shall be published by the secretary of state as soon as practicable. In that event, the secretary of state shall not publish the proposed order of rulemaking and such proposed order of rulemaking shall be invalid and void.

     13. Upon adoption of any rule now in effect or hereafter promulgated, any such rule or portion thereof may be revoked by the general assembly either by bill, or by concurrent resolution pursuant to article IV, section 8 of the constitution on recommendation of the committee on administrative rules upon the grounds listed in subsection 6 of this section. The secretary of state shall publish in the Missouri Register, as soon as practicable, notice of the revocation.]

     [Section 14. 1. The director may, after notice and hearing, promulgate reasonable rules to carry out the provisions of sections 1 to 11. The director shall have the authority to promulgate rules to accomplish the following purposes:

     (1) To regulate the internal affairs of the department of insurance;

     (2) To prescribe forms and procedures to be followed in proceedings before the department of insurance; and

     (3) To effectuate or aid in the interpretation of any law of this state pertaining to the subject matters of sections 1 to 11.

     2. Any rule that has the effect of creating or substantially modifying a legal right, liability, obligation or sanction shall be considered substantive. The director may only promulgate substantive rules on subject matters specifically authorized pursuant to sections 1 to 11 and any substantive rule or portion of a rule shall become effective only as provided pursuant to chapter 536, RSMo, including, but not limited to, section 536.028, after the effective date of this act. All such substantive rules and all substantive rulemaking authority granted pursuant to sections 1 to 11 shall expire on August 31, 1998. Any act by the general assembly that serves to extend or postpone the expiration of any rule or rulemaking authority shall not constitute legislative approval of the rule or authority nor be admissible in any court as evidence of legislative intent. 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.]"; and

     Further amend the title and enacting clause accordingly.

     Senator Maxwell moved that the above amendment be adopted.

     At the request of Senator Banks, HB 32, with SA 4 (pending), was placed on the Informal Calendar.

     HCS for HJRs 13 and 6, with SCA 1, entitled:

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 39(a) of article III of the Constitution of Missouri, relating to bingo and adopting one new section in lieu thereof relating to the same subject.

     Was taken up by Senator McKenna.

     SCA 1 was taken up.

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

     Senator McKenna moved that HCS for HJRs 13 and 6, as amended, be read the 3rd time and finally passed, which motion failed to receive a necessary majority by the following vote:

	Yeas--Senators
Banks	Curls	DePasco	Howard
Jacob	Johnson	McKenna	Quick
Scott	Staples	Wiggins--11
	Nays--Senators
Bentley	Caskey	Childers	Ehlmann
Flotron	Goode	Graves	House
Kenney	Kinder	Klarich	Lybyer
Mathewson	Maxwell	Mueller	Rohrbach
Russell	Schneider	Sims	Singleton
Westfall	Yeckel--22
	Absent--Senators--Clay--1
	Absent with leave--Senators--None

     HB 766 was placed on the Informal Calendar.

     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 HCS for SS for SCS for SB 165, entitled:

     An Act to repeal sections 30.750, 30.753, 30.756, 30.758, 30.760, 30.765, 64.950, 70.385, 70.390, 99.805, 99.810, 99.835, 99.845, 99.865, 135.208, 143.183, 143.805, 178.896, 238.202, 238.207, 238.210, 238.212, 238.215, 238.220, 238.227, 238.230, 238.232, 238.235, 238.237, 238.240, 253.401, 290.502, 305.230, 327.031, 386.025, 393.295, 393.705, 393.710, 393.715, 393.725, 393.730, 393.760, 393.770, 620.1072 and 620.1078, RSMo 1994, and sections 67.1300, 135.100, 135.200, 135.225, 135.230, 135.247, 135.352, 135.400, 135.403, 135.405, 135.460, 135.503, 143.451, 178.895, 447.710 and 620.1039, RSMo Supp. 1996, relating to the department of economic development and economic development incentive programs, and to enact in lieu thereof one hundred seventeen new sections relating to the same subject, with an effective date and a termination date for certain sections.

     With House Amendments Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, House Amendment No. 1 to House Amendment No. 23, House Amendment No. 23, as amended, House Amendment No. 24, House Amendment No. 1 to House Amendment No. 25, House Amendment No. 2 to House Amendment No. 25, House Amendment No. 25, as amended, House Amendments Nos. 26, 28, House Substitute Amendment No. 1 for House Amendment No. 30, House Amendments Nos. 31, 32 and 34.

     Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Page 1, In The Title, Line 8, by inserting immediately after the figure "135.460," the figure "135.500,"; and

     Further amend said bill, Page 1, In The Title, Line 10, by deleting the words "one hundred seventeen" and inserting in lieu thereof the words "one hundred eighteen"; and

     Further amend said bill, Page 2, Section A, Line 7, by inserting immediately after the figure "135.460," the figure "135.500,"; and

     Further amend said bill, Page 2, Section A, Line 8, by deleting the words "one hundred seventeen" and inserting in lieu thereof the words "one hundred eighteen"; and

     Further amend said bill, Page 2, Section A, Line 11, by inserting immediately after the figure "135.460," the figure "135.500,"; and

     Further amend said bill, Page 46, Section 135.460, Line 72, by inserting immediately after said line the following:

     "135.500. 1. Sections 135.500 to 135.529 shall be known and may be cited as the "Missouri Certified Capital Company Law".

     2. As used in sections 135.500 to 135.529, the following terms mean:

     (1) "Affiliate of a certified company":

     (a) Any person, directly or indirectly owning, controlling or holding power to vote ten percent or more of the outstanding voting securities or other ownership interests of the Missouri certified capital company;

     (b) Any person ten percent or more of whose outstanding voting securities or other ownership interest are directly or indirectly owned, controlled or held with power to vote by the Missouri certified capital company;

     (c) Any person directly or indirectly controlling, controlled by, or under common control with the Missouri certified capital company;

     (d) A partnership in which the Missouri certified capital company is a general partner;

     (e) Any person who is an officer, director or agent of the Missouri certified capital company or an immediate family member of such officer, director or agent;

     (2) "Applicable percentage", one hundred percent;

     (3) "Capital in a qualified Missouri business", any debt, equity or hybrid security, of any nature and description whatsoever, including a debt instrument or security which has the characteristics of debt but which provides for conversion into equity or equity participation instruments such as options or warrants which are acquired by a Missouri certified capital company as a result of a transfer of cash to a business. Capital in a qualified Missouri business shall not include secured debt instruments;

     (4) "Certified capital", an investment of cash by an investor in a Missouri certified capital company;

     (5) "Certified capital company", any partnership, corporation, trust or limited liability company, whether organized on a profit or not for profit basis, that is located, headquartered and registered to conduct business in Missouri that has as its primary business activity, the investment of cash in qualified Missouri businesses, and which is certified by the department as meeting the criteria of sections 135.500 to 135.529;

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

     (7) "Director", the director of the department of economic development or a person acting under the supervision of the director;

     (8) "Investor", any insurance company that contributes cash;

     (9) "Liquidating distribution", payments to investors or to the certified capital company from earnings;

     (10) "Person", any natural person or entity, including a corporation, general or limited partnership, trust or limited liability company;

     (11) "Qualified distribution", any distribution or payment to equity holders of a certified capital company in connection with the following:

     (a) Reasonable costs and expenses of forming, syndicating, managing and operating the certified capital company;

     (b) Management fees for managing and operating the certified capital company; and

     (c) Any increase in federal or state taxes, penalties and interest, including those related to state and federal income taxes, of equity owners of a certified capital company which related to the ownership, management or operation of a certified capital company;

     (12) "Qualified investment", the investment of cash by a Missouri certified capital company in such a manner as to acquire capital in a qualified Missouri business;

     (13) "Qualified Missouri business", an independently owned and operated business, which is headquartered and located in Missouri and which is in need of venture capital and cannot obtain conventional financing. Such business shall have no more than two hundred employees, eighty percent of which are employed in Missouri. Such business shall be involved in commerce for the purpose of manufacturing, processing or assembling products, conducting research and development, or providing services in interstate commerce, but excluding retail, real estate, real estate development, insurance and professional services provided by accountants, lawyers or physicians. If such business has been in existence for three years or less, its gross sales during its most recent complete fiscal years shall not have exceeded four million dollars. If such business has been in existence for longer than three years, its gross sales during its most recent complete fiscal year shall not have exceeded three million dollars. Any business which is classified as a qualified Missouri business at the time of the first investment in such business by a Missouri certified capital company shall, for a period of seven years from the date of such first investment, remain classified as a qualified Missouri business and may receive follow-on investments from any Missouri certified capital company and such follow-on investments shall be qualified investments even though such business may not meet the other qualifications of this subsection at the time of such follow-on investments;

     (14) "State premium tax liability", any liability incurred by an insurance company under the provisions of [section 148.370] section 148.320, 148.340, 148.370 or 148.376, RSMo, and any other related provisions, which may impose a tax upon the premium income of insurance companies after January 1, 1997."; and

     Further amend said bill, Page 47, Section 135.503, Line 25, by deleting the following: "for calendar year 1998, $0.00;"; and

     Further amend said bill, Page 47, Section 135.503, Line 26, by deleting the following: "[thereafter]" and inserting in lieu thereof the word "thereafter".

     Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Page 1, In The Title, Line 2, by inserting immediately after the figure "30.765," the figure "64.930,"; and

     Further amend said bill, Page 1, In The Title, Line 10, by deleting the words "one hundred seventeen" and inserting in lieu thereof the words "one hundred eighteen"; and

     Further amend said bill, Page 1, Section A, Line 1, by inserting immediately after the figure "30.765," the figure "64.930,"; and

     Further amend said bill, Page 2, Section A, Line 8, by deleting the words "one hundred seventeen" and inserting in lieu thereof the words "one hundred eighteen"; and

     Further amend said bill, Page 2, Section A, Line 9, by inserting immediately after the figure "30.765," the figure "64.930,"; and

     Further amend said bill, Page 11, Section 30.765, Line 13, by inserting immediately after said line the following:

     "64.930. 1. The county sports complex authority shall consist of five commissioners who shall be qualified voters of the state of Missouri, and residents of such county. The commissioners of the county commission by a majority vote thereof shall submit a panel of nine names to the governor who shall select with the advice and consent of the senate five commissioners from such panel, no more than three of which shall be of any one political party, who shall constitute the members of such authority[; provided, however, that no elective or appointed official of any political subdivision of the state of Missouri shall be a member of the county sports complex authority].

     2. The authority shall elect from its number a chairman and may appoint such officers and employees as it may require for the performance of its duties and fix and determine their qualifications, duties and compensation. No action of the authority shall be binding unless taken at a meeting at which at least three members are present and unless a majority of the members present at such meeting shall vote in favor thereof.

     3. Such sports complex commissioners shall serve in the following manner: One for two years, one for three years, one for four years, one for five years, and one for six years. Successors shall hold office for terms of five years, or for the unexpired terms of their predecessors. Each sports complex commissioner shall hold office until his successor has been appointed and qualified.

     4. In the event a vacancy exists a new panel of three names shall be submitted by majority vote of the county commission to the governor for appointment. All such vacancies shall be filled within thirty days from the date thereof.

     5. The compensation of the sports complex commissioners to be paid by the authority shall be determined by the sports complex commissioners, but in no event shall exceed the sum of three thousand dollars per annum. In addition, the sports complex commissioners shall be reimbursed by the authority for the actual and necessary expenses incurred in the performance of their duties."; and

     Further amend said bill, Page 119, Section 34, Line 4, by deleting the following: "appointed by"; and

     Further amend said bill, Page 119, Section 34, Line 7, by deleting the following: "appointed by".

     Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Section 70.508, Subsection 2, Page 15, Line 10, by deleting all of said line and inserting in lieu thereof the following:

     "revenues collected from sales tax pursuant to section 70.500, RSMo."; and

     Further amend said bill, Section 70.508, Subsection 3, Page 15, Line 15, by deleting all of said line, and inserting in lieu thereof the following:

     "from any revenues collected from sales tax pursuant to section 70.500, RSMo.".

     Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Page 1, In the Title, Line 10, by deleting the words "one hundred seventeen" and inserting in lieu thereof the words "one hundred eighteen"; and

     Further amend said bill, Page 1, In the Title, Lines 11 and 12, by deleting the words ", with an effective date and a termination date for certain sections"; and

     Further amend said bill, Page 2, Section A, Line 8, by deleting the words "one hundred seventeen" and inserting in lieu thereof the words "one hundred eighteen"; and

     Further amend said bill, Page 2, Section A, Line 13, by inserting immediately after the figure "253.561," the figure "253.562,"; and

     Further amend said bill, Page 76, Section 253.561, Line 12, by inserting immediately after said line the following:

     "253.562. The provisions of sections 253.550, 253.559 and 253.561 shall become effective on January 1, 1998, and shall apply to all taxable years beginning after December 31, 1997, and shall terminate on December 31, 2002."; and

     Further amend said bill, Page 124, Section B, Lines 1 through 3, by deleting all of said Section B.

     Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Section 143.451, Subsection 2, Paragraph 4, by deleting the number "135.600" found on Line 40, on Line 43, on Line 44, on Line 45, and on Line 47, and inserting in lieu thereof on each of the said lines the words "Section 23".

     Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Page 1, In the Title, Line 7, by inserting immediately after the figure "67.1300," the figure "100.840,"; and

     Further amend said bill, Page 1, In the Title, Line 10, by deleting the words "one hundred seventeen" and inserting in lieu thereof the words "one hundred eighteen"; and

     Further amend said bill, Page 2, Section A, Line 6, by inserting immediately after the figure "67.1300," the figure "100.840,"; and

     Further amend said bill, Page 2, Section A, Line 8, by deleting the words "one hundred seventeen" and inserting in lieu thereof the words "one hundred eighteen"; and

     Further amend said bill, Page 2, Section A, Line 10, by inserting immediately after the figure "99.865," the figure "100.840,"; and

     Further amend said bill, Page 26, Section 99.865, Line 54, by inserting immediately after said line the following:

     "100.840. 1. To provide funds for the present payment of the costs of economic development projects, the board may borrow money and issue and sell certificates payable from a sufficient portion of the future receipts of payments authorized by the agreement. The total amount of outstanding certificates sold by the board shall not exceed [thirty-five] fifty million dollars. The receipts shall be pledged to the payment of principal of and interest on the certificates. Certificates may be sold at public sale or at private sale at par, premium, or discount of not less than ninety-five percent of the par value thereof, at the discretion of the board, and may bear interest at such rate or rates as the board shall determine, notwithstanding the provisions of section 108.170, RSMo, to the contrary. Certificates may be issued with respect to a single project or multiple projects and may contain terms or conditions as the board may provide by resolution authorizing the issuance of the certificates.

     2. Certificates issued to refund other certificates may be sold at public sale or at private sale as provided in this section with the proceeds from the sale to be used for the payment of the certificates being refunded. The refunding certificates may be exchanged in payment and discharge of the certificates being refunded, in installments at different times or an entire issue or series at one time. Refunding certificates may be sold or exchanged at any time on, before, or after the maturity of the outstanding certificates to be refunded. They may be issued for the purpose of refunding a like, greater or lesser principal amount of certificates and may bear a higher, lower or equivalent rate of interest than the certificates being renewed or refunded.

     3. The board shall determine if revenues provided in the agreement are sufficient to secure the faithful performance of obligations in the agreement.

     4. Certificates issued pursuant to this section shall not be deemed to be an indebtedness of the state or the board or of any political subdivision of the state.".

     Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Page 115, Section 23, Line 50, by inserting immediately after the word "return." the words "The director may deny such certification if, in the director's opinion, a certified capital investment funds service corporation has not created a sufficient number of new jobs or retained a sufficient number of existing jobs within Missouri. The director's determination of whether or not certification shall be granted may also take into consideration the salary levels of the new or existing jobs within the state.".

     Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Page 1, In the Title, Line 2, by inserting immediately after the figure "30.765," the figure "64.930,"; and

     Further amend said bill, Page 1, In the Title, Line 10, by deleting the words "one hundred seventeen" and inserting in lieu thereof the words "one hundred eighteen"; and

     Further amend said bill, Page 1, Section A, Line 1, by inserting immediately after the figure "30.765," the figure "64.930,"; and

     Further amend said bill, Page 2, Section A, Line 8, by deleting the words "one hundred seventeen" and inserting in lieu thereof the words "one hundred eighteen"; and

     Further amend said bill, Page 2, Section A, Line 9, by inserting immediately after the figure "30.765," the figure "64.930,"; and

     Further amend said bill, Page 11, Section 30.765, Line 13, by inserting immediately after said line the following:

     "64.930. 1. The county sports complex authority shall consist of [five] seven commissioners who shall be qualified voters of the state of Missouri, and residents of such county. The commissioners of the county commission by a majority vote thereof shall submit a panel of nine names to the governor who shall select with the advice and consent of the senate five commissioners from such panel, no more than [three] five of which shall be of any one political party, who shall constitute the members of such authority[; provided, however, that no elective or appointed official of any political subdivision of the state of Missouri shall be a member of the county sports complex authority].

     2. The authority shall elect from its number a chairman and may appoint such officers and employees as it may require for the performance of its duties and fix and determine their qualifications, duties and compensation. No action of the authority shall be binding unless taken at a meeting at which at least [three] four members are present and unless a majority of the members present at such meeting shall vote in favor thereof.

     3. Such sports complex commissioners shall serve in the following manner: One for two years, one for three years, one for four years, one for five years, and one for six years. Successors shall hold office for terms of five years, or for the unexpired terms of their predecessors. Each sports complex commissioner shall hold office until his successor has been appointed and qualified.

     4. In the event a vacancy exists a new panel of three names shall be submitted by majority vote of the county commission to the governor for appointment. All such vacancies shall be filled within thirty days from the date thereof. As commissioners serving on the sports complex authority are replaced after August 28, 1997, by new commissioners, at least two of the five governor-appointed commissioners shall be residents of Jackson County and not residents of Kansas City.

     5. The compensation of the sports complex commissioners to be paid by the authority shall be determined by the sports complex commissioners, but in no event shall exceed the sum of three thousand dollars per annum. In addition, the sports complex commissioners shall be reimbursed by the authority for the actual and necessary expenses incurred in the performance of their duties."; and

     Further amend said bill, Page 119, Section 34, Line 4, by deleting the following: "appointed by"; and

     Further amend said bill, Page 119, Section 34, Line 7, by deleting the following: "appointed by".

     Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Page 1, In the Title, Line 2, by inserting immediately after the figure "70.390," the figure "99.340,"; and

     Further amend said bill, Page 1, In the Title, Line 3, by inserting immediately after the figure "99.810," the figures "99.820, 99.825, 99.830,"; and

     Further amend said bill, Page 1, In the Title, Line 3, by inserting immediately after the figure "99.845," the figure "99.863,"; and

     Further amend said bill, Page 1, In the Title, Line 10, by deleting the words "one hundred seventeen" and inserting in lieu thereof the words "one hundred twenty-two"; and

     Further amend said bill, Page 1, Section A, Line 2, by inserting immediately after the figure "70.390," the figure "99.340,"; and

     Further amend said bill, Page 1, Section A, Line 2, by inserting immediately after the figure "99.810," the figures "99.820, 99.825, 99.830,"; and

     Further amend said bill, Page 1, Section A, Line 2, by inserting immediately after the figure "99.845," the figure "99.863,"; and

     Further amend said bill, Page 2, Section A, Line 8, by deleting the words "one hundred seventeen" and inserting in lieu thereof the words "one hundred twenty-two"; and

     Further amend said bill, Page 2, Section A, Lines 9 and 10, by deleting the figures "99.805, 99.810, 99.835, 99.845, 99.865," and inserting in lieu thereof the figures "99.340, 99.805, 99.810, 99.820, 99.825, 99.830, 99.835, 99.845, 99.863, 99.865,"; and

     Further amend said bill, Page 15, Section 70.508, Line 22, by inserting immediately after said line the following:

     "99.340. 1. When the governing body of a municipality adopts a resolution or ordinance as aforesaid, it shall promptly notify the mayor of such adoption. If the resolution or ordinance adopted is one approving the exercise of powers hereunder by a land clearance for redevelopment authority, the mayor shall appoint a board of commissioners of such authority which shall consist of five commissioners, and when the governing body of a county adopts such a resolution, said body shall appoint a board of commissioners of the authority created for such county which shall consist of five commissioners.

     2. All commissioners of an authority shall be taxpayers who have resided [in the area of operation thereof for five years prior to their appointment] for a period of five years in, in the case of a municipality, the area within the municipality; and, in the case of a county, the area within the county.

     3. Two of the commissioners who are first appointed shall be designated to serve for terms of one year from the date of their appointment and three shall be designated to serve for terms of two, three and four years respectively from the date of their appointment. Thereafter, commissioners shall be appointed as aforesaid for a term of office for four years except that all vacancies shall be filled for the unexpired term."; and

     Further amend said bill, Page 19, Section 99.810, Line 38, by inserting immediately after said line the following:

     "99.820. 1. A municipality may:

     (1) By ordinance introduced in the governing body of the municipality within fourteen to ninety days from the completion of the hearing required in section 99.825, approve redevelopment plans and redevelopment projects, and designate redevelopment project areas pursuant to the notice and hearing requirements of sections 99.800 to 99.865. No redevelopment project shall be approved unless a redevelopment plan has been approved and a redevelopment area has been designated prior to or concurrently with the approval of such redevelopment project and the area selected for the redevelopment project shall include only those parcels of real property and improvements thereon directly and substantially benefited by the proposed redevelopment project improvements;

     (2) Make and enter into all contracts necessary or incidental to the implementation and furtherance of its redevelopment plan or project;

     (3) [Within a redevelopment area,] Pursuant to a redevelopment plan, subject to any constitutional limitations, acquire by purchase, donation, lease or eminent domain, own, convey, lease, mortgage, or dispose of, land and other property, real or personal, or rights or interests therein, and grant or acquire licenses, easements and options with respect thereto, all in the manner and at such price the municipality or the commission determines is reasonably necessary to achieve the objectives of the redevelopment plan. No conveyance, lease, mortgage, disposition of land or other property, acquired by the municipality, or agreement relating to the development of the property shall be made except upon the adoption of an ordinance by the governing body of the municipality. [Furthermore, no] Each municipality or its commission shall establish written procedures relating to bids and proposals for implementation of the redevelopment projects, including procedures for the conveyance, lease, mortgage, or other disposition of land or agreement relating to the development of property shall be made without making public disclosure of the terms of the disposition and all bids and proposals made in response to the municipality's request. [The] Such procedures for obtaining such bids and proposals shall provide reasonable opportunity for any person to submit alternative proposals or bids;

     (4) Within a redevelopment area, clear any area by demolition or removal of existing buildings and structures;

     (5) Within a redevelopment area, renovate, rehabilitate, or construct any structure or building;

     (6) Install, repair, construct, reconstruct, or relocate streets, utilities, and site improvements essential to the preparation of the redevelopment area for use in accordance with a redevelopment plan;

     (7) Within a redevelopment area, fix, charge, and collect fees, rents, and other charges for the use of any building or property owned or leased by it or any part thereof, or facility therein;

     (8) Accept grants, guarantees, and donations of property, labor, or other things of value from a public or private source for use within a redevelopment area;

     (9) Acquire and construct public facilities within a redevelopment area;

     (10) Incur redevelopment costs and issue obligations;

     (11) Make payment in lieu of taxes, or a portion thereof, to taxing districts[. If payments in lieu of taxes, or a portion thereof, are made to taxing districts, those payments];

     (12) Disburse surplus funds from the special allocation fund to taxing districts as follows:

     (a) Such surplus payments in lieu of taxes shall be [made, from the special allocation fund,] distributed to [all] taxing districts within the redevelopment area [selected for a redevelopment project] which impose ad valorem taxes on a basis [which] that is proportional to the current collections of revenue which each taxing district receives from real property in the [area selected for a redevelopment project] redevelopment area;

     (b) Surplus economic activity taxes shall be distributed to taxing districts in the redevelopment area which impose economic activity taxes, on a basis that is proportional to the amount of such economic activity taxes the taxing district would have received from the redevelopment area had tax increment financing not been adopted;

     (c) Surplus revenues, other than payments in lieu of taxes and economic activity taxes, deposited in the special allocation fund, shall be distributed on a basis that is proportional to the total receipt of such other revenues in such account in the year prior to disbursement;

     [(12)] (13) If any member of the governing body of the municipality, a member of a commission established pursuant to subsection 2 of this section, or an employee or consultant of the municipality, involved in the planning and preparation of a redevelopment plan, or redevelopment project for a redevelopment area or proposed redevelopment area, owns or controls an interest, direct or indirect, in any property included in any redevelopment area, or proposed redevelopment area, he or she shall disclose the same in writing to the clerk of the municipality, and shall also so disclose the dates, terms, and conditions of any disposition of any such interest, which disclosures shall be acknowledged by the governing body of the municipality and entered upon the minutes books of the governing body of the municipality. If an individual holds such an interest then that individual shall refrain from any further official involvement in regard to such redevelopment plan, redevelopment project or redevelopment area, from voting on any matter pertaining to such redevelopment plan, redevelopment project or redevelopment area, or communicating with other members concerning any matter pertaining to that redevelopment plan, redevelopment project or redevelopment area. Furthermore, no such member or employee shall acquire any interest, direct or indirect, in any property in a redevelopment area or proposed redevelopment area after either (a) such individual obtains knowledge of such plan or project, or (b) first public notice of such plan, project or area pursuant to section 99.830, whichever first occurs[.];

     (14) Charge as a redevelopment cost the reasonable costs incurred by its clerk or other official in administering the redevelopment project. The charge for the clerk's or other official's costs shall be determined by the municipality based on a recommendation from the commission, created pursuant to this section.

     2. Prior to adoption of an ordinance approving the designation of a redevelopment area or approving a redevelopment plan or redevelopment project, the municipality shall create a commission of nine persons if the municipality is a county or a city not within a county and eleven persons if the municipality is not a county to be appointed as follows:

     (1) In all municipalities two members shall be appointed by the school boards whose districts are included within the redevelopment plan or redevelopment area. Such members shall be appointed in any manner agreed upon by the affected districts;

     (2) In all municipalities one member shall be appointed, in any manner agreed upon by the affected districts, to represent all other districts levying ad valorem taxes within the area selected for a redevelopment project or the redevelopment area, excluding representatives of the governing body of the municipality; [and]

     (3) In all municipalities six members shall be appointed by the chief elected officer of the municipality, with the consent of the majority of the governing body of the municipality[.];

     (4) In all municipalities which are not counties, two members shall be appointed by the county of such municipality in the same manner as members are appointed in subdivision (3) of this subsection;

     (5) At the option of the members appointed by the municipality, the members who are appointed by the school boards and other taxing districts [shall] may serve on the commission for a term to coincide with the length of time a redevelopment project, redevelopment plan or designation of a redevelopment area, is considered for approval by the commission[.], or for a definite term pursuant to this subdivision. If the members representing school districts and other taxing districts are appointed for a term coinciding with the length of time a redevelopment project, plan or area is approved such term shall terminate upon final approval of the project, plan or designation of the area by the governing body of the municipality. Thereafter the commission shall consist of the six members appointed by the municipality, except that members representing school boards and other taxing districts shall be appointed as provided in this section prior to any amendments to any redevelopment plans, redevelopment projects or designation of a redevelopment area. If any school district or other taxing jurisdiction fails to appoint members of the commission within thirty days of receipt of written notice of a proposed redevelopment plan, redevelopment project or designation of a redevelopment area, the remaining members may proceed to exercise the power of the commission. Of the members first appointed by the municipality, two shall be designated to serve for terms of two years, two shall be designated to serve for a term of three years and two shall be designated to serve for a term of four years from the date of such initial appointments. Thereafter, the members appointed by the municipality shall serve for a term of four years, except that all vacancies shall be filled for unexpired terms in the same manner as were the original appointments.

     3. The commission, subject to approval of the governing body of the municipality, may exercise the powers enumerated in this act except final approval of plans, projects and designation of redevelopment areas. The commission shall hold public hearings and provide notice pursuant to sections 99.825 and 99.830. The commission shall vote on all proposed redevelopment plans, redevelopment projects and designations of redevelopment areas, and amendments thereto, within thirty days following completion of the hearing on any such plan, project or designation and shall make recommendations to the governing body within ninety days of the hearing referred to in section 99.825 concerning the adoption of, or amendment to redevelopment plans and redevelopment projects and the designation of redevelopment areas. The requirements of subsections 2 and 3 of this section shall not apply to redevelopment projects upon which the required hearings have been duly held prior to August 31, 1991.

     99.825. 1. Prior to the adoption of an ordinance proposing the designation of a redevelopment area, or approving a redevelopment plan or redevelopment project, the commission shall fix a time and place for a public hearing and notify each taxing district located wholly or partially within the boundaries of the proposed redevelopment area, plan or project. At the public hearing any interested person or affected taxing district may file with the commission written objections to, or comments on, and may be heard orally in respect to, any issues embodied in the notice. The commission shall hear and consider all protests [and], objections, comments and other evidence presented at the hearing. The hearing may be [adjourned] continued to another date without further notice other than a motion to be entered upon the minutes fixing the time and place of the subsequent hearing. Prior to the [adoption of an ordinance approving a redevelopment plan or redevelopment project, or designating a redevelopment area, but after] conclusion of the hearing, changes may be made in the redevelopment plan, redevelopment project, or redevelopment area [which changes do not alter the exterior boundaries, or do not substantially affect the general land uses established in the], provided that each affected taxing district is given written notice of such changes at least seven days prior to the conclusion of the hearing. After the public hearing but prior to the adoption of an ordinance approving a redevelopment plan or [substantially change the nature of the] redevelopment project, [without further hearing or notice; provided, that notice of such changes is given at the hearing] or designating a redevelopment area, changes may be made to the redevelopment plan, redevelopment projects or redevelopment areas without a further hearing, if such changes do not enlarge the exterior boundaries of the redevelopment area or areas, and do not substantially affect the general land uses established in the redevelopment plan or substantially change the nature of the redevelopment projects, provided that notice of such changes shall be given by mail to each affected taxing district and by publication in a newspaper of general circulation in the area of the proposed redevelopment not less than ten days prior to the adoption of the changes by ordinance. After the adoption of an ordinance approving a redevelopment plan or redevelopment project, or designating a redevelopment area, no ordinance shall be adopted altering the exterior boundaries, affecting the general land uses established pursuant to the redevelopment plan or changing the nature of the redevelopment project without complying with the procedures provided in this section pertaining to the initial approval of a redevelopment plan or redevelopment project and designation of a redevelopment area. Hearings with regard to a redevelopment project, redevelopment area, or redevelopment plan may be held simultaneously.

     2. Tax incremental financing projects within an economic development area shall apply to and fund only the following infrastructure projects: highways, roads, streets, bridges, sewers, traffic control systems and devices, water distribution and supply systems, curbing, sidewalks and any other similar public improvements, but in no case shall it include buildings.

     99.830. 1. Notice of the public hearing required by section 99.825 shall be given by publication and mailing. Notice by publication shall be given by publication at least twice, the first publication to be not more than thirty days and the second publication to be not more than ten days prior to the hearing, in a newspaper of general circulation in the area of the proposed redevelopment. Notice by mailing shall be given by depositing such notice in the United States mails by certified mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract, or parcel of land lying within the redevelopment project or redevelopment area which is to be subjected to the payment or payments in lieu of taxes and economic activity taxes pursuant to section 99.845. Such notice shall be mailed not less than ten days prior to the date set for the public hearing. In the event taxes for the last preceding year were not paid, the notice shall also be sent to the persons last listed on the tax rolls within the preceding three years as the owners of such property.

     2. The notices issued pursuant to this section shall include the following:

     (1) The time and place of the public hearing;

     (2) The general boundaries of the proposed redevelopment area or redevelopment project by street location, where possible;

     (3) A statement that all interested persons shall be given an opportunity to be heard at the public hearing;

     (4) A description of the proposed redevelopment plan or redevelopment project and a location and time where the entire plan or project proposal may be reviewed by any interested party;

     (5) Such other matters as the commission may deem appropriate.

     3. Not less than forty-five days prior to the date set for the public hearing, the commission shall give notice by mail as provided in subsection 1 of this section to all taxing districts from which taxable property is included in the redevelopment area, redevelopment project or redevelopment plan, and in addition to the other requirements [under] pursuant to subsection 2 of this section, the notice shall include an invitation to each taxing district to submit comments to the commission concerning the subject matter of the hearing prior to the date of the hearing.

     4. A copy of any and all hearing notices required by section 99.825 shall be submitted by the commission to the director of the department of economic development. Such submission of the copy of the hearing notice shall comply with the prior notice requirements pursuant to subsection 3 of this section."; and

     Further amend said bill, Page 24, Section 99.845, Line 116, by inserting immediately after said line the following:

     "99.863. Beginning in 1999, and every five years thereafter, a joint committee of the general assembly, comprised of five members appointed by the speaker of the house of representatives and five members appointed by the president pro tem of the senate, shall review section 99.800 to 99.865. A report based on such review, with any recommended legislative changes, shall be submitted to the speaker of the house of representatives and the president pro tem of the senate no later than February first following the year in which the review is conducted.".

     Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Page 19, Section 99.810, Line 38, by adding the following:

     "(7) Whenever a proposed redevelopment plan is within an area of special flood hazard or floodway fringe a hydrologic and hydraulic analysis shall be provided showing the impact on that area and upon residential development that is within the surrounding area up to a radius of approximately two miles from the redevelopment project. The analysis shall include a detailed description for the potential of periodic inundation which results in loss of life, property, health and safety hazards, extraordinary public expenditures for flood protection and relief, damage to air or water environmental quality, all of which adversely affect the public health, safety and general welfare.".

     Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Page 124, Section 49, Line 9, by adding immediately after said line, the following:

     "Section 49. 1. In any action challenging any rule promulgated pursuant to the provisions of this bill, the agency as defined in section 536.010 promulgating such rule shall be required to prove by a preponderance of the evidence that the rule or threatened application of the rule is valid, is authorized by law, is not in conflict with any law and is not arbitrary and capricious.

     2. The court shall award reasonable fees and expenses as defined in section 536.085 to any party who prevails in such action.

     3. All rules promulgated pursuant to the provisions of this section shall expire on August 28 of the year after the year in which the rule became effective unless the General Assembly extends by statute the rule or set of rules beyond that date to a date specified by the General Assembly.

     4. Any rulemaking authority granted pursuant to the provisions of this bill is subject to any rulemaking authority contained in Chapter 536 including any subsequent amendments to Chapter 536.

     5. The provisions of this section shall terminate if legislation amending the provisions of section 536.024 has been signed into law prior to the effective date of this Act.".

     Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Pages 93-113, Sections 1 through 21, by deleting all of said sections;

     Further amend said bill by amending the title and enacting clause, and renumbering the sections following section 21 accordingly.

     Amend House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 165, Page 1, In the Title, Line 10, by deleting the words "one hundred seventeen" and inserting in lieu thereof the words "one hundred thirty-two"; and

     Further amend said bill, Page 2, Section A, Line 8, by deleting the words "one hundred seventeen" and inserting in lieu thereof the words "one hundred thirty-two"; and

     Further amend said bill, Page 2, Section A, Line 12, by inserting immediately after the figure "178.896," the figures "184.800, 184.805, 184.810, 184.815, 184.820, 184.825, 184.830, 184.835, 184.840, 184.845, 184.850, 184.860, 184.865, 184.870, 184.880,"; and

     Further amend said bill, Page 57, Section 178.896, Line 33, by inserting immediately after all of said line the following:

     "184.800. Sections 184.800 to 184.880 shall be known as the "Missouri Museum District Act".

     184.805. 1. As used in sections 184.800 to 184.880, the following terms mean:

     (1) "Board", the board of directors of a district;

     (2) "District", a museum district organized pursuant to sections 184.800 to 184.880;

     (3) "Museum", a building or area used for the purpose of exhibiting and/or preserving objects or specimens of interest to the public, including but not limited to art, items of natural history, and items connected with wildlife and conservation;

     (4) "Owner of real property", the owner of the fee interest in the real property, except that when the real property is subject to a lease of ten or more years, the lessee rather than the owner of the fee interest shall be considered as the "owner of real property". An owner may be either a natural person or a juridical entity.

     2. For the purposes of sections 11(c), 16 and 22 of article X of the constitution of Missouri, section 137.073, RSMo, and as used in sections 184.800 to 184.880, the following terms shall have the meanings given:

     (1) "Approval of the required majority" or "direct voter approval", a simple majority;

     (2) "Qualified voters", the owners of real property located within the proposed district or any person residing in the district who is a legal voter within the district.

     184.810. 1. A district may be created to fund, promote, plan, design, construct, improve, maintain and operate one or more projects relating to a museum or to assist in such activity.

     2. A district is a political subdivision of the state.

     184.815. 1. Whenever the creation of a district is desired, the owners of real property who own at least two-thirds of the real property within the proposed district may file a petition requesting the creation of a district. The petition shall be filed in the circuit court of the county in which the proposed district is located. Any petition to create a museum district pursuant to the provisions of sections 184.800 to 184.880 shall be filed on or before December 31, 1998.

     2. The proposed district area shall be contiguous and may contain any portion of one or more municipalities.

     3. The petition shall set forth:

     (1) The name and address of each owner of real property located within the proposed district or who is a legal voter resident within the proposed district;

     (2) A specific description of the proposed district boundaries including a map illustrating such boundaries;

     (3) A general description of the purpose or purposes for which the district is being formed, including a description of the proposed museum or museums and a general plan for its operation; and

     (4) The name of the proposed district.

     3. In the event any owner of real property within the proposed district who is named in the petition or any legal voter resident within the district shall not join in the petition or file an entry of appearance and waiver of service of process in the case, a copy of the petition shall be served upon said owner or legal voter in the manner provided by supreme court rule for the service of petitions generally. Any objections to the petition shall be raised by answer within the time provided by supreme court rule for the filing of an answer to a petition.

     184.820. 1. Any owner of real property within the proposed district and any legal voter who is a resident within the proposed district may join in or file a petition supporting or answer opposing the creation of the district and seeking a judgment respecting these same issues.

     2. The court shall hear the case without a jury. If the court determines the petition is defective or the proposed district or its plan of operation is unconstitutional, it shall enter its judgment to that effect and shall refuse to incorporation the district as requested in the pleadings. If the court determines the petition is not legally defective and the proposed district and plan of operation are not unconstitutional, the court shall determine and declare the district organized and incorporated and shall approve the plan of operation stated in the petition.

     3. Any party having filed a petition or answer or petition may appeal the circuit court's order or judgment in the same manner as provided for other appeals. Any order either refusing to incorporate the district or incorporating the district shall be deemed a final judgment for purposes of appeal

     184.825. The costs of filing and defending the petition and all publication and incidental costs incurred in obtaining circuit court certification of the petition for voter approval shall be paid by the petitioners. If a district is organized pursuant to sections 184.800 to 184.880, the petitioners may be reimbursed for such costs out of the revenues received by the district.

     184.830. 1. Within thirty days after the order declaring the district organized has become final, the circuit clerk of the county in which the petition was filed shall, give notice by causing publication to be made once a week for two consecutive weeks in a newspaper of general circulation in the county, the last publication of which shall be at least ten days before the day of the meeting required by this section, call a meeting of the owners of real property within the district at a day and hour specified in a public place in the county in which the petition was filed for the purpose of electing a board of five directors, to be composed of owners or representatives of owners of real property in the district.

     2. The owners of real property, when assembled, shall organize by the election of a chairman and secretary of the meeting who shall conduct the election. At the election, each acre of real property within the district shall be considered as a voting interest, and each owner of real property shall have one vote in person or by proxy for every acre of real property owned within the district for each director to be elected. A director need not be a legal voter of the district.

     3. Each director shall serve for a term of three years and until his successor is duly elected and qualified. Successor director shall be elected in the same manner as the initial directors at a meeting of the owners of real property called by the board. Each successor director shall serve a three-year term. The remaining directors shall have the authority to elect an interim director to complete any unexpired term of a director caused by resignation or disqualification.

     4. Directors shall be at least twenty-one years of age.

     184.835. 1. The board shall possess and exercise all of the district's legislative and executive powers.

     2. Within thirty days after the election of the initial directors, the board shall meet. At its first meeting and after each election of new board members the board shall elect a chairman, a secretary, a treasurer and such other officers as it deems necessary from its members. A director may fill more than one office, except that a director may not fill both the office of chairman and secretary.

     3. The board may employ such employees as it deems necessary; provided, however, that the board shall not employ any employee who is related within the fourth degree by blood or marriage to a member of the board.

     4. At the first meeting, the board, by resolution, shall define the first and subsequent fiscal years of the district, and shall adopt a corporate seal.

     5. A