Journal of the Senate

FIRST REGULAR SESSION



FIFTIETH DAY—MONDAY, APRIL 11, 2005





       The Senate met pursuant to adjournment.

       Senator Griesheimer in the Chair.

       Reverend Carl Gauck offered the following prayer:

          “Humble yourselves therefore under the mighty hand of God.” (1 Peter 5:6)

          Heavenly Father, we return with much work before us and there are concerns in our hearts of what is needed and necessary. The pressure is slowly rising and our human wisdom would have us dictate to You or sit in judgment on Your will; so we pray that we might surrender ourselves wholly, unreservedly to Your Holy will. Let us quiet our soul’s complaints and allow Your joy and love to direct our thoughts and actions this week so that Your peace and gentle leading may open our hearts to say: “Father, not my will but Yours be done.” In Your Holy Name we pray. Amen.

       The Pledge of Allegiance to the Flag was recited.

       A quorum being established, the Senate proceeded with its business.

       The Journal for Thursday, April 7, 2005 was read and approved.

       The following Senators were present during the day's proceedings:

 

Present—Senators

 

 

 

Bartle

 

Bray

Callahan

Cauthorn

Champion

Clemens

Coleman

Crowell

 

Days

 

Dolan

Dougherty

Engler

Gibbons

Graham

Green

Griesheimer

 

Gross

 

Kennedy

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

 

Ridgeway

Scott

Shields

Stouffer

 

Taylor

Vogel

Wheeler

Wilson—32

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

 

 

Vacancies—2

 

 

 

 

 

          The Lieutenant Governor was present.

 

                                                                     RESOLUTIONS

       Senator Nodler offered Senate Resolution No. 991, regarding Charles Wayne Hawkins, Neosho, which was adopted.

       Senator Cauthorn offered Senate Resolution No. 992, regarding the One Hundredth Birthday of Fern Owen, Kahoka, which was adopted.

       Senator Stouffer offered Senate Resolution No. 993, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Phillip E. Zeih, Odessa, which was adopted.

       Senator Stouffer offered Senate Resolution No. 994, regarding the One Hundred Fifth Birthday of Dora Krause, Sweet Springs, which was adopted.

       Senator Stouffer offered Senate Resolution No. 995, regarding Ideal Industries, Richland, which was adopted.

       Senator Crowell offered Senate Resolution No. 996, regarding the Sixty-fifth Wedding Anniversary of Mr. and Mrs. Ben Ellis, Sedgewickville, which was adopted.

       Senator Gibbons offered Senate Resolution No. 997, regarding the One Hundredth Birthday of Bertha Spears Evans, Kirkwood, which was adopted.

       Senator Loudon offered Senate Resolution No. 998, regarding Julie Grosmann, Ballwin, which was adopted.

       Senator Mayer offered Senate Resolution No. 999, regarding Carrell F. Odom, Parma, which was adopted.

       Senator Mayer offered Senate Resolution No. 1000, regarding Larry Speight, Dexter, which was adopted.

       Senator Mayer offered Senate Resolution No. 1001, regarding Sharon L. Dykes, Poplar Bluff, which was adopted.

       Senator Mayer offered Senate Resolution No. 1002, regarding Karen P. Hinze, Sikeston, which was adopted.

       Senator Mayer offered Senate Resolution No. 1003, regarding Cheri O. Ramsey, Poplar Bluff, which was adopted.

       Senator Shields offered Senate Resolution No. 1004, regarding Adam Grossman, Kansas City, which was adopted.

       Senator Shields offered Senate Resolution No. 1005, regarding Nicholas Burton, Kansas City, which was adopted.

       Senator Wilson offered Senate Resolution No. 1006, regarding Stephen Johnson, Kansas City, which was adopted.

       Senator Stouffer offered Senate Resolution No. 1007, regarding Ruth Scott, Sweet Springs, which was adopted.

       Senator Stouffer offered Senate Resolution No. 1008, regarding Richard Baker, Kearney, which was adopted.

       Senator Stouffer offered Senate Resolution No. 1009, regarding Cole Thurman, Atlanta, which was adopted.

       Senator Stouffer offered Senate Resolution No. 1010, regarding Marilyn Ratcliff, Richmond, which was adopted.

       Senator Stouffer offered Senate Resolution No. 1011, regarding Ellen Singleton, Emma, which was adopted.

       Senator Scott offered Senate Resolution No. 1012, regarding Barbara McCaslin, Pittsburg, which was adopted.

       Senator Champion offered Senate Resolution No. 1013, regarding Kennon Choate, Springfield, which was adopted.

       Senator Graham offered Senate Resolution No. 1014, regarding Lauren Croll, Columbia, which was adopted.

       Senator Graham offered Senate Resolution No. 1015, regarding Josh Hosmer-Quint, Columbia, which was adopted.

       Senator Dolan offered Senate Resolution No. 1016, regarding Leo Roth, Foristell, which was adopted.

       Senator Vogel offered Senate Resolution No. 1017, regarding Betty Kemna, Saint Elizabeth, which was adopted.

       Senator Kennedy offered Senate Resolution No. 1018, regarding David A. Welkener, St. Louis, which was adopted.

       Senator Bray offered Senate Resolution No. 1019, regarding Charlie Granda, Maplewood, which was adopted.

       Senator Bray offered Senate Resolution No. 1020, regarding Katherine Petrullo, Creve Coeur, which was adopted.

       Senator Bray offered Senate Resolution No. 1021, regarding Assistant Fire Chief Michael Toomey, University City, which was adopted.

CONCURRENT RESOLUTIONS

       Senator Griesheimer offered the following concurrent resolution:

       SENATE CONCURRENT RESOLUTION NO. 13

          WHEREAS, the State of Missouri, as an employer, established goals to recruit and retain employees with the objective of providing the highest quality of services to its citizen taxpayers of this state; and

          WHEREAS, the State of Missouri has adopted a comprehensive benefit package for retention of its state employees which includes a defined benefit structure; and

          WHEREAS, the State of Missouri has two separate retirement systems for state employees with similar benefit provisions; and

          WHEREAS, the Joint Committee on Public Employee Retirement presented a report to the Missouri General Assembly addressing the issues related to the possible merger of state employee retirement systems identifying the effect of consolidation on the two systems, including:

          (1) Effect on the boards responsible for administering benefits and the impact on fiduciary duties, and governance;

          (2) Effect on funding and contribution rates and the impact on differing actuarial assumptions and methods;

          (3) Effect on investments, including returns, asset allocations, investment policies, expertise, efficiencies, expenses, economies of scale and the impact on consultants and fund managers;

          (4) Similarities and differences in retirement plan provisions, including the disability retirement, long-term disability and life insurance plans;

          (5) Impact on benefit services, information technology, records management, accounting and auditing information and other issues encompassing administrative functions;

          (6) Impact on membership which including active employees, retirees, survivors and disabled members; and

          WHEREAS, ensuring the current benefit structure providing financial security in an equitable and cost-effective manner is in the best interest of the State of Missouri:

          NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Third General Assembly, First Regular Session, the House of Representatives concurring therein, hereby wish to seek a fiscally responsible solution providing future cost containment and eliminating ineffective duplication of benefit plan administration; and

          BE IT FURTHER RESOLVED that, we hereby establish the "State Retirement Consolidation Commission" whose task will be to analyze the issues and objectives set forth above. The commission shall be composed of the following members:

          (1) Two members of the Missouri Department of Transportation and Highway Patrol Employees' Retirement System Board of Trustees appointed by the Governor;

          (2) Two members of the Missouri State Employees' Retirement System Board of Trustees appointed by the Governor;

          (3) Chair and Vice Chair of the Joint Committee on Public Employee Retirement;

          (4) Commissioner of Administration;

          (5) Director of the Missouri Department of Transportation;

          (6) Colonel of the Missouri State Highway Patrol; and

          BE IT FURTHER RESOLVED the State Retirement Consolidation Commission shall commence immediately and shall terminate operations on December 31, 2005. The State Retirement Consolidation Commission shall furnish clear and concise policy recommendations and legislative proposals for consideration in the second regular session of Ninety-Third General Assembly.

MESSAGES FROM THE GOVERNOR

       The following messages were received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

April 7, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

          The following addendum should be made to the appointment of Daniel Scodary, M.D. to the State Board of Registration for the Healing Arts, submitted on March 30, 2005. Line 3 should be amended as follows:

          “Registration for the Healing Arts, for a term ending September 3, 2008,”

Respectfully submitted,

MATT BLUNT

GovernorAlso,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City

65101

April 7, 2005

TO THE SENATE OF THE 93rd GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

          The following addendum should be made to the appointment of Toni R. Smith to the State Board of Registration for the Healing Arts, submitted on March 24, 2005. Line 3 should be amended as follows:

          “for the Healing Arts, for a term ending September 3, 2007, and until her”

Respectfully submitted,

MATT BLUNT

Governor 

MESSAGES FROM THE HOUSE

       The following message was received from the House of Representatives through its Chief Clerk:

       Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SS for SB 539.

       Bill ordered enrolled.

SENATE BILLS FOR PERFECTION

       SB 284, with SCS, was placed on the Informal Calendar.

       Senator Gross moved that SB 272, with SCS, be taken up for perfection, which motion prevailed.

       SCS for SB 272, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 272

       An Act to repeal sections 137.073 and 313.820, RSMo, and to enact in lieu thereof two new sections relating to gaming boat admission fee revenue.

       Was taken up.

       Senator Gross moved that SCS for SB 272 be adopted.

       Senator Stouffer offered SA 1:

SENATE AMENDMENT NO. 1

       Amend Senate Committee Substitute for Senate Bill No. 272, Page 13, Section 313.820, Line 78, by inserting immediately after said line, the following:

       5. The provisions of subsection 1 of this section limiting the amount of revenue derived from admission fees paid to a home dock city and requiring all revenue derived from such fees be used exclusively for capital expenditures, and subsections 3 and 4 of this section, shall not apply to any city of the third classification with more than eight thousand two hundred but fewer than eight thousand three hundred inhabitants, any county of the third classification without a township form of government and with more than sixteen thousand six hundred but fewer than sixteen thousand seven hundred inhabitants, or any county of the third classification without a township form of government and with more than ten thousand two hundred but fewer than ten thousand three hundred inhabitants.”.

       Senator Stouffer moved that the above amendment be adopted.

       Senator Ridgeway offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 1

       Amend Senate Committee Substitute for Senate Bill No. 272, Page 13, Section 313.820, Line 78, by inserting immediately after said line, the following:

       5. The provisions of subsection 1 of this section limiting the amount of revenue derived from admission fees paid to a home dock city and requiring all revenue derived from such fees be used exclusively for capital expenditures, and subsections 3 and 4 of this section, shall not apply to any city of the third classification with more than eight thousand two hundred but fewer than eight thousand three hundred inhabitants, any county of the third classification without a township form of government and with more than sixteen thousand six hundred but fewer than sixteen thousand seven hundred inhabitants, any county of the third classification without a township form of government and with more than ten thousand two hundred but fewer than ten thousand three hundred inhabitants, any home rule city with more than four hundred thousand inhabitants and located in more than one county, any county of the first classification with more than one hundred eighty-four thousand but fewer than one hundred eighty-eight thousand inhabitants, any city of the fourth classification with more than two thousand nine hundred but fewer than three thousand inhabitants and located in any county of the first classification with more than seventy-three thousand seven hundred but fewer than seventy-three thousand eight hundred inhabitants, any county of the first classification with more than seventy-three thousand seven hundred but fewer than seventy-three thousand eight hundred inhabitants, any city of the third classification with more than six thousand seven hundred but fewer than six thousand eight hundred inhabitants and located in any county of the third classification without a township form of government and with more than twenty thousand but fewer than twenty thousand one hundred inhabitants, any county of the third classification without a township form of government and with more than twenty thousand but fewer than twenty thousand one hundred inhabitants, any city of the third classification with more than four thousand seven hundred but fewer than four thousand eight hundred inhabitants and located in any county of the first classification with more than one hundred eighty-four thousand but fewer than one hundred eighty-eight thousand inhabitants, any city of the third classification with more than twenty-five thousand seven hundred but fewer than twenty-five thousand nine hundred inhabitants, any county with a charter form of government and with more than one million inhabitants, any county with a charter form of government and with more than six hundred thousand but fewer than seven hundred thousand inhabitants, any special charter city with more than nine hundred fifty but fewer than one thousand fifty inhabitants, any county of the third classification without a township form of government and with more than ten thousand four hundred but fewer than ten thousand five hundred inhabitants, any city not within a county, any home rule city with more than seventy-three thousand but fewer than seventy-five thousand inhabitants, and any county of the first classification with more than eighty-five thousand nine hundred but fewer than eighty-six thousand inhabitants.”.

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

       Senator Gross moved that SCS for SB 272, as amended, be adopted, which motion prevailed.

       On motion of Senator Gross, SCS for SB 272, as amended, was declared perfected and ordered printed.

       Senator Stouffer moved that SB 362 be called from the Informal Calendar and taken up for perfection, which motion prevailed.

       Senator Stouffer offered SS for SB 362, entitled:

SENATE SUBSTITUTE FOR

SENATE BILL NO. 362

       An Act to amend chapter 135, RSMo, by adding thereto one new section relating to residential treatment agency tax credits.

       Senator Stouffer moved that SS for SB 362 be adopted.

       President Kinder assumed the Chair.

       Senator Coleman offered SA 1:

SENATE AMENDMENT NO. 1

       Amend Senate Substitute for Senate Bill No. 362, Page 3, Section 135.1142, Line 26, by inserting immediately after said line the following:

       “143.124. 1. Other provisions of law to the contrary notwithstanding, the total amount of all annuities, pensions, or retirement allowances above the amount of six thousand dollars annually provided by any law of this state, the United States, or any other state to any person except as provided in subsection 4 of this section, shall be subject to tax pursuant to the provisions of this chapter, in the same manner, to the same extent and under the same conditions as any other taxable income received by the person receiving it. For purposes of this section, “annuity, pension, or retirement allowance” shall be defined as an annuity, pension or retirement allowance provided by the United States, this state, any other state or any political subdivision or agency or institution of this or any other state, except for any annuity, pension, or retirement allowance provided as a result of service in the armed forces of the United States. For all tax years beginning on or after January 1, 1998, for purposes of this section, annuity, pension or retirement allowance shall be defined to include 401(k) plans, deferred compensation plans, self-employed retirement plans, also known as Keogh plans, annuities from a defined pension plan and individual retirement arrangements, also known as IRAs, as described in the Internal Revenue Code, but not including Roth IRAs, as well as an annuity, pension or retirement allowance provided by the United States, this state, any other state or any political subdivision or agency or institution of this or any other state. An individual taxpayer shall only be allowed a maximum deduction of six thousand dollars pursuant to this section. Taxpayers filing combined returns shall only be allowed a maximum deduction of six thousand dollars for each taxpayer on the combined return.

       2. For the period beginning July 1, 1989, and ending December 31, 1989, there shall be subtracted from Missouri adjusted gross income for that period, determined pursuant to section 143.121, the first three thousand dollars of retirement benefits received by each taxpayer:

       (1) If the taxpayer's filing status is single, head of household or qualifying widow(er) and the taxpayer's Missouri adjusted gross income is less than twelve thousand five hundred dollars; or

       (2) If the taxpayer's filing status is married filing combined and their combined Missouri adjusted gross income is less than sixteen thousand dollars; or

       (3) If the taxpayer's filing status is married filing separately and the taxpayer's Missouri adjusted gross income is less than eight thousand dollars.

       3. For the tax years beginning on or after January 1, 1990, there shall be subtracted from Missouri adjusted gross income, determined pursuant to section 143.121, a maximum of the first six thousand dollars of retirement benefits received by each taxpayer from sources other than privately funded sources, and for tax years beginning on or after January 1, 1998, there shall be subtracted from Missouri adjusted gross income, determined pursuant to section 143.121, a maximum of the first one thousand dollars of any retirement allowance received from any privately funded source for tax years beginning on or after January 1, 1998, but before January 1, 1999, and a maximum of the first three thousand dollars of any retirement allowance received from any privately funded source for tax years beginning on or after January 1, 1999, but before January 1, 2000, and a maximum of the first four thousand dollars of any retirement allowance received from any privately funded source for tax years beginning on or after January 1, 2000, but before January 1, 2001, and a maximum of the first five thousand dollars of any retirement allowance received from any privately funded source for tax years beginning on or after January 1, 2001, but before January 1, 2002, and a maximum of the first six thousand dollars of any retirement allowance received from any privately funded sources for tax years beginning on or after January 1, 2002. A taxpayer shall be entitled to the maximum exemption provided by this subsection:

       (1) If the taxpayer's filing status is single, head of household or qualifying widow(er) and the taxpayer's Missouri adjusted gross income is less than twenty-five thousand dollars; or

       (2) If the taxpayer's filing status is married filing combined and their combined Missouri adjusted gross income is less than thirty-two thousand dollars; or

       (3) If the taxpayer's filing status is married filing separately and the taxpayer's Missouri adjusted gross income is less than sixteen thousand dollars.

       4. If a taxpayer's adjusted gross income exceeds the adjusted gross income ceiling for such taxpayer's filing status, as provided in subdivisions (1), (2) and (3) of subsection 3 of this section, such taxpayer shall be entitled to an exemption equal to the greater of zero or the maximum exemption provided in subsection 3 of this section reduced by one dollar for every dollar such taxpayer's income exceeds the ceiling for his or her filing status.

       5. For purposes of this section, any Social Security benefits otherwise included in Missouri adjusted gross income shall be subtracted; but Social Security benefits shall not be subtracted for purposes of other computations pursuant to this chapter, and are not to be considered as retirement benefits for purposes of this section.

       6. The provisions of subdivisions (1) and (2) of subsection 3 of this section shall apply during all tax years in which the federal Internal Revenue Code provides exemption levels for calculation of the taxability of Social Security benefits that are the same as the levels in subdivisions (1) and (2) of subsection 3 of this section. If the exemption levels for the calculation of the taxability of Social Security benefits are adjusted by applicable federal law or regulation, the exemption levels in subdivisions (1) and (2) of subsection 3 of this section shall be accordingly adjusted to the same exemption levels.

       7. The portion of a taxpayer's lump sum distribution from an annuity or other retirement plan not otherwise included in Missouri adjusted gross income as calculated pursuant to this chapter but subject to taxation under Internal Revenue Code Section 402 shall be taxed in an amount equal to ten percent of the taxpayer's federal liability on such distribution for the same tax year.

       8. For purposes of this section, retirement benefits received shall not include any withdrawals from qualified retirement plans which are subsequently rolled over into another retirement plan.

       9. The exemptions provided for in this section shall not affect the calculation of the income to be used to determine the property tax credit provided in sections 135.010 to 135.035, RSMo.

       10. The exemptions provided for in this section shall apply to any annuity, pension, or retirement allowance as defined in subsection 1 of this section to the extent that such amounts are included in the taxpayer's federal adjusted gross income and not otherwise deducted from the taxpayer's federal adjusted gross income in the calculation of Missouri taxable income. This subsection shall not apply to any individual who qualifies under federal guidelines to be one hundred percent disabled.

       11. Other provisions of law to the contrary notwithstanding, the total amount of all annuities, pensions, or retirement allowances provided as a result of service in the armed forces of the United States shall be exempt from taxation under this chapter.

       12. This act shall become effective January 1, 2006.”; and

       Further amend the title and enacting clause accordingly.

       Senator Coleman moved that the above amendment be adopted.

       Senator Stouffer raised the point of order that SA 1 is out of order as it exceeds the scope of the underlying legislation.

       The point of order was referred to the President Pro Tem, who ruled it well taken.

       Senator Koster assumed the Chair.

 

       Senator Kennedy offered SA 2:

SENATE AMENDMENT NO. 2

       Amend Senate Substitute for Senate Bill No. 362, Page 1, Section A, Line 3, by inserting immediately after all of said line, the following:

       135.562. 1. This section shall be known and may be cited as the “Accessible Home Tax Credit Program”.

       2. As used in this section, the following terms mean:

       (1) “Department”, the department of revenue;

       (2) “Director”, the director of the department of revenue;

       (3) “Disability”, a physical impairment which substantially limits one or more of a person's major life activities;

       (4) “Tax liability”, the tax due pursuant to chapter 143, RSMo, other than taxes withheld pursuant to sections 143.191 to 143.265, RSMo; and

       (5) “Taxpayer”, any non-corporate taxpayer.

       3. If any taxpayer with a federal adjusted gross income of thirty thousand dollars or less who incurs costs for the purpose of making all or any portion of such taxpayer's principal dwelling accessible to an individual with a disability who permanently resides with the taxpayer, such taxpayer shall receive a tax credit against such taxpayer's Missouri income tax liability in an amount equal to the lesser of one hundred percent of such costs or two thousand five hundred dollars. Tax credits issued pursuant to this subsection are refundable in an amount not to exceed two thousand five hundred dollars per tax year and shall be subject to appropriation.

       4. Any taxpayer with a federal adjusted gross income greater than thirty thousand dollars but less than sixty thousand dollars who incurs costs for the purpose of making all or any portion of such taxpayer's principal dwelling accessible to an individual with a disability who permanently resides with the taxpayer, such taxpayer shall receive a tax credit against such taxpayer's Missouri income tax liability in an amount equal to the lesser of fifty percent of such costs or two thousand five hundred dollars per tax year. Tax credits issued pursuant to this subsection are refundable in an amount not to exceed two thousand five hundred dollars per tax year.

       5. In no event shall the aggregate amount of all tax credits allowed pursuant to this section exceed one hundred thousand dollars. The tax credits issued pursuant to this subsection will be on a first-come, first-served filing basis.

       6. Eligible costs for which the credit may be claimed include:

       (1) Constructing entrance or exit ramps;

       (2) Widening exterior or interior doorways;

       (3) Widening hallways;

       (4) Installing handrails or grab bars;

       (5) Moving electrical outlets and switches;

       (6) Installing stairway lifts;

       (7) Installing or modifying fire alarms, smoke detectors, and other alerting systems;

       (8) Modifying hardware of doors; or

       (9) Modifying bathrooms.

       7. The tax credits allowed, including the maximum amount that may be claimed, pursuant to this section shall be reduced by one-third to the extent a taxpayer has already deducted such costs from such taxpayer's federal adjusted gross income or applied any other state or federal income tax credit to such costs.

       8. A taxpayer shall claim a credit allowed by this section in the same taxable year as the credit is issued, and at the time such taxpayer files his or her Missouri income tax return; provided that, such return is timely filed. The tax credit shall be taken against the tax imposed under chapter 143, RSMo excluding withholding taxes.

       9. The department may promulgate such rules or regulations as are necessary to administer the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.

       10. The provisions of this section shall apply to all tax years beginning on or after January 1, 2006.

       11. The provisions of this section shall expire December 31, 2011.”; and

       Further amend the title and enacting clause accordingly.

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

       Senator Coleman offered SA 3:

SENATE AMENDMENT NO. 3

       Amend Senate Substitute for Senate Bill No. 362, Page 3, Section 135.1142, Line 26, by inserting after all of said line the following:

       Section 1. 1. For all tax years beginning on or after January 1, 2006, a taxpayer who pays income tax on the receipt of any annuity, pension, or retirement allowance provided as a result of service in the armed forces of the United States shall be allowed to claim a credit against the tax otherwise due under chapter 143, RSMo, excluding sections 143.191 to 143.265, RSMo, in an amount equal to the tax paid on such allowance. A taxpayer shall claim the credit allowed by this section at the time such taxpayer files a return, provided that a taxpayer who fails to file such taxpayer's return in a timely manner shall not be eligible for a credit under this section. The tax credit allowed under this section shall be nonrefundable but may be carried over to the next five succeeding taxable years until the full credit has been claimed.

       2. The department of revenue is authorized to adopt any rules or regulations deemed necessary for the effective administration of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2005, shall be invalid and void.”; and

       Further amend the title and enacting clause accordingly.

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

       Senator Stouffer moved that SS for SB 362, as amended, be adopted, which motion prevailed.

       On motion of Senator Stouffer, SS for SB 362, as amended, was declared perfected and ordered printed.

       Senator Champion moved that SB 74 and SB 49, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

       SCS for SBs 74 and 49, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 74 and 49

       An Act to amend chapter 191, RSMo, by adding thereto one new section relating to administration of immunizations with mercury preservatives.

       Was taken up.

       Senator Champion moved that SCS for SBs 74 and 49 be adopted.

       Senator Champion offered SS for SCS for SBs 74 and 49, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 74 and 49

       An Act to amend chapter 191, RSMo, by adding thereto one new section relating to administration of immunizations with mercury preservatives.

       Senator Champion moved that SS for SCS for SBs 74 and 49 be adopted.

       Senator Crowell assumed the Chair.

       Senator Loudon offered SA 1, which was read:

SENATE AMENDMENT NO. 1

       Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 74 and 49, Page 2, Section 191.235, Line 8, by adding the following sub-section after subsection 3:

       4. Notwithstanding any other provision in the law to the contrary, no one will be compelled to receive a vaccine that does not comply with the mercury limits in subsection 1.”.

       Senator Loudon moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Bartle, Clemens, Nodler and Scott.

       SA 1 was adopted by the following vote:

 

YEAS—Senators

 

 

Bartle

Callahan

Cauthorn

Clemens

Dolan

Engler

Gibbons

Green

Griesheimer

Gross

Klindt

Koster

Loudon

Mayer

Nodler

Purgason

Ridgeway

Scott

Shields

Stouffer

Taylor

Vogel—22

 

 

 

 

 

 

 

NAYS—Senators

 

 

Bray

Champion

Coleman

Crowell

Days

Dougherty

Graham

Kennedy

Wheeler

Wilson—10

 

 

 

 

 

 

 

Absent—Senators—None

 

 

 

 

 

 

 

Absent with leave—Senators—None

 

 

 

 

 

 

 

Vacancies—2

 

 

 

       Senator Champion moved that SS for SCS for SBs 74 and 49, as amended, be adopted, which motion prevailed.

       On motion of Senator Champion, SS for SCS for SBs 74 and 49, as amended, was declared perfected and ordered printed.

       Senator Klindt moved that SB 5, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

       SCS for SB 5, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 5

       An Act to repeal sections 94.110, 94.270, 94.360, 386.800, 393.106, 394.312, and 394.315, RSMo, and to enact in lieu thereof eight new sections relating to electric service to annexed areas.

       Was taken up.

       Senator Klindt moved that SCS for SB 5 be adopted.

       Senator Klindt offered SS for SCS for SB 5, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 5

       An Act to repeal sections 386.800, 393.106, 394.312, and 394.315, RSMo, and to enact in lieu thereof six new sections relating to electric service to annexed areas.

       Senator Klindt moved that SS for SCS for SB 5 be adopted.

       At the request of Senator Klindt, SB 5, with SCS and SS for SCS (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

       Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which were referred SCS for SB 272; SB 476; SS No. 2 for SCS for SB 225; SB 232; and SS for SB 95, begs leave to report that it has examined the same and finds that the bills have been truly perfected and that the printed copies furnished the Senators are correct.

       Senator Cauthorn, Chairman of the Committee on Governmental Accountability and Fiscal Oversight, submitted the following report:

       Mr. President: Your Committee on Governmental Accountability and Fiscal Oversight, to which was referred SCS for SBs 75 and 353, begs leave to report that it has considered the same and recommends that the bill do pass.

       Senator Scott, Chairman of the Committee on Financial and Governmental Organizations and Elections, submitted the following reports:

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred HB 707, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred HB 678, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred HB 402, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred HB 280, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred HB 524, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred HB 248, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred HB 342, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred HB 600, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Financial and Governmental Organizations and Elections, to which was referred HCS for HB 379, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HB 40, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HCS for HB 47, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HB 127, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HCS for HB 215, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HB 260, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HB 343, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HB 345, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HB 395, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HCS for HB 422, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HB 431, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HB 445, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HCS for HB 448, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HB 453, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HB 479, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HCS for HB 515, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HCS for HB 531, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HCS for HB 577, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HCS for HB 631, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HB 638, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HB 685, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

       Also,

       Mr. President: Your Committee on Economic Development, Tourism and Local Government, to which was referred HB 743, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

       Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 5, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

       Also,

       Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 10, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

       Also,

       Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 12, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

       Also,

       Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCR 7, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

REFERRALS

       President Pro Tem Gibbons referred SS No. 2 for SCS for SB 225 to the Committee on Governmental Accountability and Fiscal Oversight.

       President Pro Tem Gibbons referred HCR 11 to the Committee on Rules, Joint Rules, Resolutions and Ethics.

       President Pro Tem Gibbons referred the addendums appearing on pages 616 and 617 to the Committee on Gubernatorial Appointments.

                                                       INTRODUCTIONS OF GUESTS

       Senator Green introduced to the Senate, his son, Patrick Timothy, St. Louis; and Patrick Timothy was made an honorary page.

       On motion of Senator Shields, the Senate adjourned under the rules.

SENATE CALENDAR

______

 

FIFTY-FIRST DAY–TUESDAY, APRIL 12, 2005

______

 

FORMAL CALENDAR

 

HOUSE BILLS ON SECOND READING

 

HB 738-Behnen

HCS for HJR 16

HCS for HB 394

HCS for HB 388

 


HCS for HB 64

HB 700-Moore, et al

HCS for HBs 518, 288, 418 & 635

 


THIRD READING OF SENATE BILLS

 

SCS for SBs 75 & 353-Champion

   and Wheeler

SCS for SB 272-Gross

SB 476-Scott

 


SS#2 for SCS for SB 225-Cauthorn

   (In Fiscal Oversight)

SB 232-Loudon, et al

SS for SB 95-Coleman

 


SENATE BILLS FOR PERFECTION

 

  1. SB 434-Cauthorn

  2 SB 55-Klindt, with SCS

  3. SB 236-Klindt and Clemens

  4. SB 93-Cauthorn, with SCS

  5. SB 240-Scott

  6. SB 241-Scott

  7. SB 339-Gross, with SCS

  8. SB 220-Dolan

  9. SB 470-Engler

10. SBs 365 & 204-Mayer, et al, with SCS

11. SB 376-Loudon

12. SB 64-Kennedy, with SCS

13. SB 90-Dougherty, with SCS


 


14. SB 214-Scott, et al, with SCS

15. SB 321-Shields

16. SB 253-Koster, with SCS

17. SBs 37, 322, 78, 351 & 424-Nodler,

       with SCS

18. SB 194-Engler

19. SB 254-Engler

20. SB 373-Bartle

21. SB 287-Shields, with SCS

22. SB 481-Shields, with SCS

23. SB 500-Gibbons, et al, with SCS

24. SB 199-Gross

25. SB 402-Gibbons, et al

 


 


HOUSE BILLS ON THIRD READING

 

HCS for HB 365 (Crowell)

 

INFORMAL CALENDAR

 

SENATE BILLS FOR PERFECTION

 

SB 2-Loudon and Gross, with SCS

SB 5-Klindt, with SCS & SS for

    SCS (pending)

SB 12-Cauthorn and Klindt

SB 29-Dolan, with SCS & SA 1 (pending)

SB 50-Taylor and Nodler, with SCS & SS

   for SCS (pending)

SB 152-Wilson, with SCS

SB 160-Bartle, et al, with SS (pending)

SB 185-Loudon, et al, with SA 1 (pending)

SB 284-Cauthorn and Clemens,

   with SCS

SB 291-Mayer, et al, with SCS & SS for

   SCS (pending)

SB 316-Dolan, with SCS (pending)

SB 324-Scott, with SCS

SB 348-Clemens

 


CONSENT CALENDAR

 

House Bills

 

Reported 4/11

 

HB 707-Cunningham (145) and Byrd, with SCS

HB 678-Byrd, with SCS

HB 402-Schaaf, et al

HB 280-Walsh, et al

HB 524-May, et al (Scott)

HB 248-Pearce

HB 342-Baker (123) (Koster)

HB 600-Cooper (155), et al

HCS for HB 379

HB 40-Tilley

HCS for HB 47, with SCS

HB 127-Bivins (Griesheimer)

HCS for HB 215

HB 260-Deeken (Vogel)

HB 343-Baker (123), with SCS

 


HB 345-Baker (123)

HB 395-Wood (Taylor)

HCS for HB 422

HB 431-Wright (137)

HB 445-Guest and Whorton

HCS for HB 448

HB 453-May, et al (Crowell)

HB 479-Ervin

HCS for HB 515, with SCS (Taylor)

HCS for HB 531

HCS for HB 577

HCS for HB 631

HB 638-Cunningham (86), with SCS

HB 685-Franz, with SCS (Purgason)

HB 743-Kingery, et al

 


 

RESOLUTIONS

 

To be Referred

 

SCR 13-Griesheimer

 

Reported from Committee

 

SCR 5-Mayer, et al

SCR 10-Scott

 


SCR 12-Koster

SCR 7-Loudon