Journal of the Senate

FIRST REGULAR SESSION


SIXTIETH DAY--TUESDAY, APRIL 29, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Dear Lord, if we can dry just one tear, heal one broken heart, encourage one soul, or salvage the life of just one child, then all of the long hours, hard work and sometimes harsh words will have been worthwhile. Use our remaining time here to bring about good for our people. 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
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Absent with leave--Senators--None
The Lieutenant Governor was present.

     

RESOLUTIONS

     Senators Wiggins and DePasco offered Senate Resolution No. 737, regarding the 100th Anniversary of Burns and McDonnell, Kansas City, which was adopted.

     Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 738

     WHEREAS, the Members of the Missouri Senate are deeply pleased to learn that Sister Kevin Marie Flynn will celebrate the completion of fifty years of her ministry on Sunday, May 4th, 1997, in Kansas City; and

     WHEREAS, Sister Kevin, born Elizabeth Flynn in Ireland, has served her fifty years of ministry as a member of the Sisters of Charity of Leavenworth; and

     WHEREAS, Sister Kevin began her ministry working with native Americans in Montana and native Alaskans and has spent the last decade comforting and supporting Kansas Citians with AIDS through her work as a spiritual coordinator and head of the Buddy Program at the Good Samaritan Project, an AIDS service organization in Kansas City; and

     WHEREAS, Sister Kevin has dedicated herself and her career in a secular setting serving people of all faiths and gives willingly of her talents and abilities to help anybody, anywhere, anytime;

     NOW, THEREFORE BE IT RESOLVED that the members of the Missouri Senate pause in their deliberations to salute the outstanding career of Sister Kevin Marie Flynn, express their appreciation for her lifetime of good citizenship, and help to all her fellow human beings in need, and extend to Sister Kevin very best wishes for many long years continued good health, success and happiness; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for Sister Kevin Marie Flynn and the Sisters of Charity of Leavenworth, Kansas.

HOUSE BILLS ON THIRD READING

     HB 386, with SCS, introduced by Representative Carter, entitled:

     An Act relating to public nuisances.

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

     SCS for HB 386, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 386

     An Act relating to public nuisances.

     Was taken up.

     Senator Banks moved that SCS for HB 386 be adopted, which motion prevailed.

     On motion of Senator Banks, SCS for HB 386 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
DePascoEhlmannFlotronGoode
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WigginsYeckel--30
Nays--Senators--Westfall--1
Absent--Senators
BentleyCurlsGraves--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

     Senator Scott moved that motion lay on the table, which motion prevailed.

     HB 793, with SCS, introduced by Representative Auer, entitled:

     An Act to repeal section 375.355, RSMo 1994, relating to insurance companies, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up by Senator Scott.

     SCS for HB 793, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 793

     An Act to repeal sections 374.205, 375.355 and 379.080, RSMo 1994, relating to insurance companies, and to enact in lieu thereof five new sections relating to the same subject.

     Was taken up.

     Senator Scott moved that SCS for HB 793 be adopted.

     Senator Klarich requested unanimous consent of the Senate to offer SPA 1 to SCS for HB 793, which request was granted.

     Senator Klarich offered SPA 1:

SENATE PERFECTING AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Bill No. 793, Page 11, Section 376.311, Line 51, by striking "Maintain" and inserting in lieu thereof the words "The pool manager shall maintain".

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

     Senator Scott moved that SCS for HB 793, as amended, be adopted, which motion prevailed.

     On motion of Senator Scott, SCS for HB 793, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
CurlsGraves--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

     Senator Caskey moved that motion lay on the table, which motion prevailed.

     HB 107, with SCS, introduced by Representative Boucher, entitled:

     An Act relating to a preference by the state to purchase products and services of the blind.

     Was called from the Consent Calendar and taken up by Senator Caskey.

     SCS for HB 107, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 107

     An Act relating to a preference by the state to purchase products and services of the blind.

     Was taken up.

     Senator Caskey moved that SCS for HB 107 be adopted, which motion prevailed.

     On motion of Senator Caskey, SCS for HB 107 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
CurlsGraves--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

     Senator Maxwell moved that motion lay on the table, which motion prevailed.

     HB 659, introduced by Representative Clayton, entitled:

     An Act to repeal section 50.515, RSMo 1994, relating to certain activities of county governing bodies, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up by Senator Maxwell.

     On motion of Senator Maxwell, HB 659 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeHouseJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
CurlsGravesHoward--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

     Senator Caskey moved that motion lay on the table, which motion prevailed.

     HB 59, introduced by Representative Hosmer, entitled:

     An Act to repeal section 478.268, RSMo Supp. 1996, relating to probate courts, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     Was called from the Consent Calendar and taken up by Senator Westfall.

     On motion of Senator Westfall, HB 59 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BentleyCurlsQuick--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BentleyCurlsStaples--3
Absent with leave--Senators--None

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

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

     Senator Caskey moved that motion lay on the table, which motion prevailed.

     HB 655, with SCS, introduced by Representative May (108), entitled:

     An Act to repeal sections 347.015 and 358.150, RSMo Supp. 1996, relating to business entities, and to enact in lieu thereof two new sections relating to the same subject.

     Was called from the Consent Calendar and taken up by Senator Caskey.

     SCS for HB 655, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 655

     An Act to repeal sections 143.411, 143.471, 347.020, 347.037, 347.039, 347.069, 347.081, 347.103, 347.109, 347.121, 347.125, 347.129, 347.133, 347.137, 347.141, 347.700, 347.705, 347.710, 355.066, 355.071, 355.197, 355.211, 355.221, 355.431, 355.471, 359.011, 359.061, 359.165, 359.201, 359.341, 359.351, 359.451, 408.035, 484.020 and 486.330, RSMo 1994, and sections 347.015, 347.187, 358.150, 358.440 and 358.510, RSMo Supp. 1996, relating to regulation of businesses, and to enact in lieu thereof forty-six new sections relating to the same subject, with an emergency clause and penalty provisions.

     Was taken up.

     Senator Caskey moved that SCS for HB 655 be adopted.

     Senator Klarich requested unanimous consent of the Senate to offer SPA 1 to SCS for HB 655, which request was granted.

     Senator Klarich offered SPA 1:

SENATE PERFECTING AMENDMENT NO. 1

     Amend Senate Committee Substitute for House Bill No. 655, Page 3, Section 143.411, Line 61, by striking the word "election" and inserting in lieu thereof the word "agreement"; and

     Further amend said bill, Page 27, Section 347.705, Line 22, by inserting immediately after the following: "partnership," the following: "limited liability partnership, limited liability limited partnership"; and

     Further amend said bill, Page 44, Section 358.510, Line 2, by inserting after the word "liability" the word "limited"; and

     Further amend said bill, Page 44, Section 358.510, Line 4, by inserting after the word "liability" the word "limited"; and

     Further amend said bill, Page 47, Section 359.165, Line 62, by striking the word "by" and inserting in lieu thereof the word "with".

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

     Senator Caskey moved that SCS for HB 655, as amended, be adopted, which motion prevailed.

     On motion of Senator Caskey, SCS for HB 655, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BentleyCurlsLybyer--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseJacobJohnson
KenneyKinderKlarichMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--Howard--1
Absent--Senators
BentleyCurlsLybyer--3
Absent with leave--Senators--None

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

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

     Senator Ehlmann moved that motion lay on the table, which motion prevailed.

     HB 265, introduced by Representative Richardson, entitled:

     An Act to repeal section 559.027, RSMo Supp. 1996, relating to probation revocation hearings.

     Was called from the Consent Calendar and taken up by Senator Ehlmann.

     On motion of Senator Ehlmann, HB 265 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BentleyCurlsStaples--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

     Senator House moved that motion lay on the table, which motion prevailed.

     HB 250, with SCA 1, introduced by Representative Graham, entitled:

     An Act to repeal section 355.316, RSMo 1994, relating to not for profit corporations, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up by Senator House.

     SCA 1 was taken up.

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

     On motion of Senator House, HB 250, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
CurlsStaples--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

     Senator Quick moved that motion lay on the table, which motion prevailed.

     HB 797, with SCA 1, introduced by Representative Kissell, et al, entitled:

     An Act to repeal section 171.033, RSMo 1994, relating to school attendance, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     Was called from the Consent Calendar and taken up by Senator House.

     SCA 1 was taken up.

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

     On motion of Senator House, HB 797, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRussellSchneider
SimsSingletonWestfallWiggins
Yeckel--29
Nays--Senators--None
Absent--Senators
CurlsHowardRohrbachScott
Staples--5
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
CurlsStaples--2
Absent with leave--Senators--None

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

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

     Senator Flotron moved that motion lay on the table, which motion prevailed.

     HB 663, introduced by Representatives Stokan and Burton, entitled:

     An Act to repeal section 172.803, RSMo 1994, relating to research project awards, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up by Senator Flotron.

     On motion of Senator Flotron, HB 663 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
CurlsEhlmannLybyerStaples--4
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

     Senator Caskey moved that motion lay on the table, which motion prevailed.

     HB 604, introduced by Representative Fritts, entitled:

     An Act to repeal section 165.011, RSMo Supp. 1996, relating to guaranteed energy saving performance contracts for schools, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up by Senator Caskey.

     On motion of Senator Caskey, HB 604 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
CurlsEhlmannLybyerStaples--4
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

     Senator Mathewson moved that motion lay on the table, which motion prevailed.

     HB 521, with SCA 1, introduced by Representative Fitzwater, entitled:

     An Act to repeal sections 162.191, 162.222, 162.223 and 162.241, RSMo 1994, relating to school districts, and to enact in lieu thereof three new sections relating to the same subject.

     Was called from the Consent Calendar and taken up by Senator Mathewson.

     SCA 1 was taken up.

     Senator Mathewson moved that the above amendment be adopted.

     Senator Rohrbach raised the point of order that SCA 1 is out of order in that it goes beyond the scope and purpose of the original bill.

     President Pro Tem McKenna ruled the point of order not well taken.

     Senator Mathewson moved that SCA 1 be adopted, which motion failed.

     On motion of Senator Mathewson, HB 521 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannGoodeGraves
HouseHowardJacobJohnson
KenneyKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellScottSims
WestfallWigginsYeckel--27
Nays--Senators--None
Absent--Senators
ClayCurlsFlotronKinder
SchneiderSingletonStaples--7
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

     Senator Quick moved that motion lay on the table, which motion prevailed.

REFERRALS

     President Pro Tem McKenna referred HCS for HB 212 to the Committee on State Budget Control.

HOUSE BILLS ON THIRD READING

     HB 516 was placed on the Informal Calendar.

     HB 491, with SCS, introduced by Representative Gaw, et al, entitled:

     An Act to amend chapter 144, RSMo, relating to sales and use taxes by adding thereto one new section relating to sales and use taxes on food, with an emergency clause.

     Was taken up by Senator Banks.

     SCS for HB 491, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 491

     An Act to repeal sections 143.124 and 253.401, RSMo 1994, relating to taxation, and to enact in lieu thereof six new sections relating to the same subject, with an effective date for certain sections and an emergency clause for a certain section.

     Was taken up.

     Senator Banks moved that SCS for HB 491 be adopted.

     Senator Banks offered SS for SCS for HB 491, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 491

     An Act to repeal section 144.140, RSMo 1994, and section 144.020, RSMo Supp. 1996, relating to the state sales tax rate on food, and to enact in lieu thereof two new sections relating to the same subject, with a termination date for a certain section.

     Senator Banks moved that SS for SCS for HB 491 be adopted.

     Senator Banks offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 4, Section 144.140, Line 15 of said page, by striking "144.010" and inserting in lieu thereof the following: "144.020"; and further amend line 19, by striking "144.010" and inserting in lieu thereof the following: "144.020"; and

     Further amend said bill and page, section B, line 21 of said page, by striking "144.010" and inserting in lieu thereof the following: "144.020".

     Senator Banks moved that the above amendment be adopted.

     Senator Mathewson offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1     

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 1, In the Title, Lines 3-4, by striking "the state sales tax rate on food" and inserting in lieu thereof the following: "taxation"; and further amend line 5, by striking the word "a"; and further amend line 6, by striking all of said line and inserting in lieu thereof the following: "an effective date for a certain section, an emergency clause for a certain section and a penalty provision for a certain section."; and

     Further amend said bill, pages 1-4, section 144.020, by striking all of said section; and inserting in lieu thereof the following:

     "144.014. 1. Notwithstanding other provisions of law to the contrary, beginning July 1, 1997, the tax levied and imposed pursuant to sections 144.010 to 144.525 and sections 144.600 to 144.746 on all retail sales of food shall be at the rate of two percent. The revenue derived from one-half of the two percent rate pursuant to this section shall be deposited by the state treasurer in the school district trust fund and shall be distributed as provided in section 144.701.

     2. For the purposes of this section, the term "food" shall include only those products and types of food for which food stamps may be redeemed pursuant to the provisions of the Federal Food Stamp Program as contained in 7 U.S.C. section 2012, as that section now reads or as it may be amended hereafter, and shall not include food dispensed by or through vending machines.

     144.016. In addition to the tax levied and imposed pursuant to sections 144.010 to 144.525 and sections 144.600 to 144.746, there is hereby levied and imposed on all retail sales of food, as defined in subsection 2 of section 144.014, an additional rate of one percent. The collection of the one percent rate as imposed herein shall be suspended until such time as the governor by executive order authorizes the collection of such tax under conditions as described in this section. During any fiscal year after a fiscal year in which the commissioner of administration has certified that the annual growth in total state revenues, as defined in article X, section 17 of the Missouri constitution, is less than the annual growth in personal income of Missouri, as defined in article X, section 17 of the Missouri constitution and determined for the year at issue, the governor may authorize the collection of a portion of the tax specified in this section in an increment of one half of one percent per year.

     Section B. Because immediate action is necessary to provide tax relief to the citizens of this state, section 144.014 of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section 144.014 of this act shall be in full force and effect on July 1, 1997, or upon its passage and approval whichever shall later occur."; and

     Further amend said bill, page 4, section B, lines 20-21 of said page, by striking all of said lines and inserting in lieu thereof 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 under 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. 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 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, 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.

     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 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 Missouri adjusted gross income is less than eight thousand dollars.

     3. For the tax years beginning on or after January 1, 1990, there shall be subtracted from Missouri adjusted gross income, determined pursuant to section 143.121, the first six thousand dollars of retirement benefits received by each taxpayer from sources other than privately funded sources, and for tax years beginning on or after January 1, 1998, there shall be subtracted from Missouri adjusted gross income, determined pursuant to section 143.121, the first two 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 the first four 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 the first six thousand dollars of any retirement allowance received from any privately funded source for tax years beginning on or after January 1, 2000:

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

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

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

     4. To determine the maximum Missouri adjusted gross income limits referenced in this section, any social security benefits included in Missouri adjusted gross income shall be subtracted. But social security benefits shall not be subtracted for purposes of other computations under this chapter, and are not to be considered as retirement benefits for purposes of this section.

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

     6. [For each tax year beginning on or after January 1, 1990,] The portion of a taxpayer's lump sum distribution from an annuity or other retirement plan not otherwise included in Missouri adjusted gross income as calculated under 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.

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

     [8. The provisions of this section shall apply to all other annuities, pensions and retirement allowances as subsequently defined and provided by law for tax years beginning on or after January 1, 1991.]

     Section C. Section 143.124 shall become effective on January 1, 1998, and shall apply to all taxable years beginning after December 31, 1997.

     143.161. 1. For all tax years beginning before January 1, 1998, a resident may deduct four hundred dollars for each dependent for whom he is entitled to a dependency exemption deduction for federal income tax purposes.

     2. For all tax years beginning on or after January 1, 1998, a resident may deduct eight hundred dollars for each dependent for whom he is entitled to a dependency exemption deduction for federal income tax purposes.

     [2.] 3. A resident who qualifies as an unmarried head of household or as a surviving spouse for federal income tax purposes may deduct an additional eight hundred dollars.

     Section 1. 1. As used in this section, the following words and terms shall mean:

     (1) "Challenge scholarship", a reimbursement for post-secondary education expenses, as calculated pursuant to this section, to be claimed on Missouri state individual income tax returns by, or on behalf of, an eligible student who has enrolled in and completed credit hours in an eligible institution of post-secondary education pursuant to the provisions of this section;

     (2) "Eligible institution of post-secondary education", any approved public or private post-secondary education institution, as defined in section 173.205, or any other Missouri private institution that:

     (a) Is required by statute to be certified to operate by the coordinating board for higher education;

     (b) Is institutionally accredited by a United States Department of Education recognized accrediting commission;

     (c) Has operated continuously in the state of Missouri for at least five years;

     (d) Has no more than fifty percent of its students in correspondence programs;

     (e) Offers a two-year certificate or an associate or higher degree program;

     (f) Has at least one articulation agreement relating to a degree program with another institution approved by the coordinating board for higher education; and

     (g) Is approved for participation in the challenge scholarship program by the coordinating board for higher education;

     (3) "Credit hour", the standard academic measurement of attendance based on a semester term, or its equivalent, in trimester, quarter or clock hour terms;

     (4) "Resident of the state of Missouri", a resident of this state as determined under standards promulgated pursuant to section 173.005;

     (5) "Eligible claimant", an eligible student claiming a challenge scholarship or another person, such as a parent, claiming a challenge scholarship on behalf of an eligible student under this section, which student or other person satisfies the following conditions throughout the period for which the challenge scholarship is being claimed:

     (a) The claimant is a citizen or a permanent resident of the United States; and

     (b) The claimant is a resident of the state of Missouri, as defined in this section;

     (6) "Eligible student", an individual who is enrolled in an eligible institution of post-secondary education and has been in compliance with the eligibility requirements set forth in subsection 1 of section 173.215, throughout the period for which the challenge scholarship is being claimed, excluding the requirements of full-time enrollment and financial need, and in addition, meets the following requirements:

     (a) Has received a high school diploma, general educational development certificate (GED) or equivalent;

     (b) Is enrolled in and has maintained satisfactory academic progress in a program leading to a certificate, or an associate or baccalaureate degree;

     (c) Has yet to complete sixty semester hours, or the equivalent, of post-secondary course credit earned after the date of receipt of a high school diploma or a GED certificate or the equivalent, with the exception of students participating in the A+ schools program as provided in subdivision (4) of subsection 2 of this section;

     (d) Does not have a delinquent debt with an institution of higher education exceeding the amount of the challenge scholarship;

     (e) Has not already claimed, or had claimed on the individual's behalf, the maximum allowable cumulative challenge scholarship as defined in subdivision (3) of subsection 2 of this section; and

     (f) Is not a person currently confined in any federal or state correctional facility, jail or confined under the jurisdiction of the department of corrections in any other state.

     2. (1) The actual amount of allowable challenge scholarship shall be the lesser of:

     (a) The number of post-secondary credit hours completed in that calendar year and earned after the date of receipt of a high school diploma or a GED certificate or equivalent times the per credit hour allowance, as provided in subdivision (2) of this subsection; or

     (b) The maximum allowable challenge scholarship, as provided in subdivision (2) of this subsection.

     (2) For calendar years 1998 and 1999, the per credit hour allowance shall be seventeen dollars and the maximum allowable challenge scholarship shall be five hundred dollars. For calendar years 2000 and 2001, the per credit hour allowance shall be thirty-three dollars and the maximum allowable challenge scholarship shall be one thousand dollars. For calendar year 2002, and each subsequent calendar year, the per credit hour allowance shall be fifty dollars and the maximum allowable challenge scholarship shall be one thousand five hundred dollars.

     (3) No student may claim, or have claimed on the student's behalf, more than three thousand dollars of cumulative challenge scholarship.

     (4) No student may claim, or have claimed on the student's behalf, a challenge scholarship for post-secondary credit hours earned after that student has successfully completed sixty credit hours or equivalent of post-secondary work after the date of receipt of a high school diploma or a GED certificate or equivalent, except for students who participate in the A+ schools program as established in section 160.545, RSMo. Students who participate in the A+ schools program may use the challenge scholarship for the sixty post-secondary credit hours or equivalent following the exhaustion of financial benefits under the A+ schools program.

     (5) The provisions of section 143.811, RSMo, to the contrary notwithstanding, no interest shall be paid on the challenge scholarship provided for in this section.

     (6) Nothing in this section shall be construed to limit the actual scholarship amount to the amount of the claimant's Missouri income tax liability.

     3. Every eligible institution of post-secondary education shall furnish to each eligible student enrolled at such institution who is a resident of Missouri, a written statement in a form prescribed by the director of revenue showing the credit hours completed by that student for the calendar year and other such information as the director of revenue shall prescribe. This form shall be furnished to each eligible student on or before January thirty-first of the succeeding year, and claims for the challenge scholarship shall be filed with the department of revenue by December thirty-first of such succeeding year.

     4. The coordinating board for higher education shall provide to the director of revenue a list of eligible institutions of post-secondary education as determined pursuant to subdivision (2) of subsection 1 of this section for the calendar year. This list shall be provided on or before December thirty-first of that calendar year or by such other, earlier date as specified by the director and agreed to by the coordinating board. The director of revenue shall also provide annually to the coordinating board for higher education a report showing how many eligible students claimed a challenge scholarship, the dollar amount of such scholarships and other information requested by the coordinating board for higher education.

     5. Challenge scholarship claims may only be filed for taxable years beginning on or after January 1, 1998.

     6. The coordinating board for higher education, in conjunction with the director of revenue, shall prescribe such rules and regulations as are necessary to carry out the provisions of this section.

     7. (1) Fraudulent claims under the provisions of this section shall be subject to the same penalties and under the same conditions as are provided by sections 143.911 to 143.951, RSMo, relating to fraudulent claims for income taxes.

     (2) Any repayment of a fraudulent challenge scholarship claim collected by the director of revenue shall include full repayment plus interest thereon at the rate determined by section 32.065, RSMo, from the date the fraudulent claim was filed until such repayment is made.

     (3) No challenge scholarship may be sold or assigned to a third party.

     8. This section shall only apply to credit hours accrued after January 1, 1998."; and

     Further amend the title and enacting clause accordingly.

     Senator Mathewson moved that the above substitute amendment be adopted.

     Senator Howard assumed the Chair.

     Senator Caskey raised the point of order that SSA 1 for SA 1 is out of order in that it is not a true substitute for SA 1, but a substitute for the bill.

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

     President Pro Tem McKenna resumed the Chair.

     Senator Mathewson submitted the following division of the question:

     Mr. President: I ask that the question be divided into four parts:

     Part 1 the sales tax sections 144.014, 144.016 and section B including all of pages one, and two.

     Part 2 to include the income tax exemption for pensions in section 143.124 and section C on page two, three, four, five and lines one to seven on page six.

     Part 3 to include the increase of the dependent deduction in section 143.161 on page six.

     Part 4 to include section one on pages six to eleven providing a tax credit for college tuition costs.

     At the request of Senator Banks, HB 491, with SCS, SS for SCS, SA 1 and SSA 1 for SA 1 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

     Senator DePasco, Chairman of the Committee on Elections, Pensions and Veterans' Affairs, submitted the following report:

     Mr. President: Your Committee on Elections, Pensions and Veterans' Affairs, to which was referred HCS for HB 331, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

     On motion of Senator Quick, the Senate recessed until 2:30 p.m.

RECESS

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

     Senator Quick announced that photographers from KOMU-TV had been given permission to take pictures in the Senate Chamber today.

HOUSE BILLS ON THIRD READING

     HB 516, introduced by Representatives Backer and Sheldon (104), entitled:

     An Act to repeal sections 407.815, 407.825 and 407.835, RSMo 1994, relating to motor vehicle franchise practices, and to enact in lieu thereof thirteen new sections relating to the same subject.

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

     On motion of Senator Schneider, HB 516 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannGoodeGraves
HouseHowardJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonWestfallWiggins
Yeckel--29
Nays--Senators--None
Absent--Senators
ClayCurlsFlotronJacob
Staples--5
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

     Senator Quick moved that motion lay on the table, which motion prevailed.

RESOLUTIONS

     Senator Russell offered Senate Resolution No. 739, regarding Mrs. Mary Ann Barker Frazee, Mountain Grove, which was adopted.

     Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 740

     WHEREAS, the members of the Missouri Senate have been deeply saddened to learn of the sudden, tragic death of Tyler Edward Houdek, of Kansas City; and

     WHEREAS, Tyler Houdek was born December 30, 1973, in Columbia, Missouri, the son of Bruce and Sue Houdek, and had spent his life in greater Kansas City; and

     WHEREAS, Tyler was a 1992 graduate of Shawnee Mission East High School where he lettered in football, and he was also a tenor and base drummer in the Kansas City St. Andrew Society Pipe and Drum Band; and

     WHEREAS, Tyler was a Senior at Kansas State University where he was a history major and was the Past Vice-President of the Sigma Alpha Epsilon Fraternity; and

     WHEREAS, Tyler was a 1997 recipient of the George C. Marshall Award given to the outstanding cadet of each participating R.O.T.C. unit throughout the country, being the outstanding cadet at Kansas State University, being scheduled to be commissioned as a Second Lieutenant on May 16, 1997, in the Field Artillery, Regular Army; and

     WHEREAS, Tyler was a recipient of the German Efficiency Medal, was an Eagle Scout in Troop 16, and was a Runner in the Tribe of Mic-O-Say and was to have been honored at a graduation party in Kansas City on Sunday, May 18th with his brother Tom, graduates from Graduate School, and his brother Ted, former intern for our colleague, the current Senator from the 10th District, Senator Harry Wiggins, who is graduating from the UMKC Law School;

     NOW, THEREFORE BE IT RESOLVED that members of the Missouri Senate pause in their deliberations to salute the memory of an outstanding and wonderful young man, who had the world before him to conquer with his unusual and gifted talents, already exhibited at the age of 23, express their profound sorrow at this tragic and untimely death, and extend to his parents, Bruce and Sue Houdek, his brothers Tom and Ted, most sincere sympathy on his death; and

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for Mr. and Mrs. Bruce Houdek, his brothers Tom and Ted Houdek, Kansas State University, R.O.T.C. Commander, Kansas State University, Sigma Alpha Epsilon Fraternity at Kansas State University, Shawnee Mission East High School, and St. Andrew Church Society Pipe and Drum Band.

MESSAGES FROM THE HOUSE

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

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS No. 2 for SB 161 and grants the Senate a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 2 and has taken up and passed CCS for HB 2.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 3 and has taken up and passed CCS for HB 3.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 4 and has taken up and passed CCS for HB 4.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 5 and has taken up and passed CCS for HB 5.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt Conference Committee Report on SCS for HCS for HB 6 and requests a further conference on SCS for HCS for HB 6.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 29.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 6.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 261.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SCS for SB 265, entitled:

     An Act to repeal sections 404.703, 404.705, 404.710, 404.714, 404.717, 404.723, 404.727, 404.730 and 474.490, RSMo 1994, and sections 404.719 and 456.520, RSMo Supp. 1996, relating to probate, and to enact in lieu thereof twenty-two new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

CONFERENCE COMMITTEE APPOINTMENTS

     President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SB 161, with HCS No. 2: Senators Johnson, Schneider, Mathewson, Ehlmann and Flotron.

HOUSE BILLS ON THIRD READING

     HB 402, introduced by Representative Naeger, et al, entitled:

     An Act to repeal section 701.051, RSMo 1994, relating to inspection fees for on-site sewage disposal systems, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up by Senator Kinder.

     On motion of Senator Kinder, HB 402 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClayCurlsSchneider--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

     Senator Bentley moved that motion lay on the table, which motion prevailed.

     HB 643, with SCA 1, introduced by Representative Barry, entitled:

     An Act to repeal section 197.415, RSMo 1994, relating to home health agencies, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up by Senator Bentley.

     SCA 1 was taken up.

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

     On motion of Senator Bentley, HB 643, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMcKennaMueller
QuickRohrbachRussellScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
ClayCurlsMaxwellSchneider--4
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

     Senator Lybyer moved that motion lay on the table, which motion prevailed.

     HB 63, with SCS, introduced by Representatives Griesheimer and Gratz, entitled:

     An Act to repeal section 311.300, RSMo Supp. 1996, relating to certain businesses licensed to sell intoxicating liquor or nonintoxicating beer, and to enact in lieu thereof one new section relating to the same subject.

     Was called from the Consent Calendar and taken up by Senator Flotron.

     SCS for HB 63, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 63

     An Act to repeal sections 311.098, 311.300 and 311.332, RSMo Supp. 1996, relating to certain businesses licensed to sell intoxicating liquor or nonintoxicating beer, and to enact in lieu thereof three new sections relating to the same subject.

     Was taken up.

     Senator Flotron moved that SCS for HB 63 be adopted, which motion prevailed on a standing division vote.

     On motion of Senator Flotron, SCS for HB 63 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyClayDePasco
EhlmannFlotronGoodeGraves
JacobJohnsonKlarichLybyer
MathewsonMcKennaMuellerQuick
RohrbachSchneiderScottSims
StaplesWigginsYeckel--23
Nays--Senators
CaskeyChildersHouseHoward
KenneyRussellSingletonWestfall--8
Absent--Senators
CurlsKinderMaxwell--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

     Senator Jacob moved that motion lay on the table, which motion prevailed.

     HB 592, introduced by Representative O'Toole, entitled:

     An Act relating to certain cemeteries.

     Was called from the Consent Calendar and taken up by Senator Scott.

     On motion of Senator Scott, HB 592 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JohnsonKenneyKinderKlarich
LybyerMathewsonMcKennaMueller
QuickRohrbachRussellScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
CurlsJacobMaxwellSchneider--4
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

     Senator Quick moved that motion lay on the table, which motion prevailed.

     HB 642, introduced by Representative Smith, entitled:

     An Act to repeal section 197.400, RSMo 1994, and section 197.445, RSMo Supp. 1996, relating to home health agencies, and to enact in lieu thereof two new sections relating to the same subject.

     Was called from the Consent Calendar and taken up by Senator Lybyer.

     On motion of Senator Lybyer, HB 642 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellScottSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
CurlsSchneider--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

     Senator Graves moved that motion lay on the table, which motion prevailed.

REPORTS OF STANDING COMMITTEES

     Senator Scott, Chairman of the Committee on State Budget Control, submitted the following reports:

     Mr. President: Your Committee on State Budget Control, to which were referred HCS for HB 114; SJR 6; and SS for SCS for SB 274, begs leave to report that it has considered the same and recommends that the bills do pass.

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

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SR 653, begs leave to report that it has considered the same and recommends that the resolution do pass.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SR 650, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

SENATE COMMITTEE SUBSTITUTE FOR

SENATE RESOLUTION NO. 650

NOTICE OF PROPOSED RULE CHANGE

     BE IT RESOLVED by the Senate of the Eighty-ninth General Assembly, First Regular Session, that Senate Rule 64 be amended to read as follows:

     "Rule 64. A substitute for the text of a bill is not in order until all pending amendments thereto have been disposed of. A senate floor substitute must be distributed to the members at least one legislative day prior to its consideration, except that on and after the first Monday in May, a senate floor substitute must be distributed to the members at least two hours prior to its consideration. The sergeant-at-arms shall note the date and time on the senate floor substitute which is to be copied for distribution. Placement on the desks of the members shall satisfy the requirements of distribution. Substitute bills, including committee substitutes, shall take the form of original bills and not that of amendments. No further amendments or substitutes may be entertained after the senate adopts a substitute bill.".

HOUSE BILLS ON THIRD READING

     Senator Banks moved that HB 491, with SCS, SS for SCS, SA 1 and SSA 1 for SA 1 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SSA 1 for SA 1 was again taken up.

     Part I of SSA 1 was taken up.

     Senator Johnson assumed the Chair.

     Senator Klarich raised the point of order that Part IV of SSA 1 for SA 1, dealing with Section 1, page 6, line 19, through line 23 on page 11, is out of order in that the substitute amendment goes beyond the scope, purpose and title of the original bill.

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

     Senator Klarich offered SA 1 to SSA 1 for SA 1, which was read:

SENATE AMENDMENT NO. 1 TO

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

     Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 2, Section 144.016, Lines 2-17, by deleting said section.

     Senator Klarich moved that the above amendment be adopted.

     Senator Lybyer requested unanimous consent of the Senate for the Committee on Appropriations conferees to meet while the Senate is in session, which request was granted.

     Senator Flotron raised the point of order that Part I of SSA 1 for SA 1 is out of order in that it is not a true substitute amendment, since nothing in Part I of the substitute amendment overlaps the language in SA 1.

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

     SA 1 to SSA 1 for SA 1 was again taken up.

     At the request of Senator Klarich, the above amendment was withdrawn.

     Senator Singleton offered SPA 1 to SSA 1 for SA 1:

SENATE PERFECTING AMENDMENT NO. 1 TO SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

     Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 1, In the Title, Line 6, by inserting immediately after said line the following:

     "Amend Section A, Line 4, Page 1, by inserting after said section 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 under 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. 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 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, 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.

     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 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 Missouri adjusted gross income is less than eight thousand dollars.

     3. For the tax years beginning on or after January 1, 1990, there shall be subtracted from Missouri adjusted gross income, determined pursuant to section 143.121, the first six thousand dollars of retirement benefits received by each taxpayer from sources other than privately funded sources, and for tax years beginning on or after January 1, 1998, there shall be subtracted from Missouri adjusted gross income, determined pursuant to section 143.121, the first two 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 the first four 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 the first six thousand dollars of any retirement allowance received from any privately funded source for tax years beginning on or after January 1, 2000:

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

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

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

     4. To determine the maximum Missouri adjusted gross income limits referenced in this section, any social security benefits included in Missouri adjusted gross income shall be subtracted. But social security benefits shall not be subtracted for purposes of other computations under this chapter, and are not to be considered as retirement benefits for purposes of this section.

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

     6. [For each tax year beginning on or after January 1, 1990,] The portion of a taxpayer's lump sum distribution from an annuity or other retirement plan not otherwise included in Missouri adjusted gross income as calculated under 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.

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

     [8. The provisions of this section shall apply to all other annuities, pensions and retirement allowances as subsequently defined and provided by law for tax years beginning on or after January 1, 1991.]

     Section C. Section 143.124 shall become effective on January 1, 1998, and shall apply to all taxable years beginning after December 31, 1997.

     143.161. 1. For all tax years beginning before January 1, 1998, a resident may deduct four hundred dollars for each dependent for whom he is entitled to a dependency exemption deduction for federal income tax purposes.

     2. For all tax years beginning on or after January 1, 1998, a resident may deduct eight hundred dollars for each dependent for whom he is entitled to a dependency exemption deduction for federal income tax purposes.

     [2.] 3. A resident who qualifies as an unmarried head of household or as a surviving spouse for federal income tax purposes may deduct an additional eight hundred dollars."; and

     Further amend said amendment, pages 2-6, Sections 143.124 and 143.161, by striking all of said sections.

     Senator Singleton moved that the above perfecting amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Kenney, Klarich, Russell and Scott.

     SPA 1 to SSA 1 for SA 1 failed of adoption by the following vote:
Yeas--Senators
BentleyChildersEhlmannFlotron
GravesKenneyKinderKlarich
RohrbachRussellSimsSingleton
WestfallYeckel--14
Nays--Senators
BanksCaskeyClayCurls
DePascoGoodeHouseJacob
JohnsonLybyerMathewsonMaxwell
McKennaMuellerQuickSchneider
ScottStaplesWiggins--19
Absent--Senators--Howard--1
Absent with leave--Senators--None

     President Wilson assumed the Chair.

     President Pro Tem McKenna resumed the Chair.

     Senator Klarich offered SA 2 to SSA 1 for SA 1:

SENATE AMENDMENT NO. 2 TO

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

     Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 2, Section 144.016, Lines 2-17, by deleting said section.

     Senator Klarich moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Flotron, Kenney, Mueller and Sims.

     SA 2 to SSA 1 for SA 1 failed of adoption by the following vote:
Yeas--Senators
BanksBentleyChildersEhlmann
FlotronGravesHowardKenney
KinderKlarichMuellerRohrbach
RussellSimsSingletonWestfall
Yeckel--17
Nays--Senators
CaskeyClayCurlsDePasco
GoodeHouseJacobJohnson
LybyerMathewsonMaxwellMcKenna
QuickSchneiderScottStaples
Wiggins--17
Absent--Senators--None
Absent with leave--Senators--None

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

SENATE AMENDMENT NO. 3 TO

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

     Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 2, Section 144.016, Line 17, by inserting a semicolon (;) and the words: "except that, such collection may be suspended by the General Assembly by concurrent resolution".

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

     Senator Flotron offered SA 4 to SSA 1 for SA 1, which was read:

SENATE AMENDMENT NO. 4 TO

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

     Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 1, Section 144.014, Line 9, by inserting immediately before said line the following:

     "Section 1. Any communion wine sold by an wholesaler who employs an individual over the age of 18 and consumed on a dance floor of more than 2500 square feet shall be exempt from taxation pursuant to this act.".

     Senator Flotron moved that the above amendment be adopted.

     Senator Scott assumed the Chair.

     At the request of Senator Flotron, SA 4 to SSA 1 for SA 1 was withdrawn.

     President Wilson resumed the Chair.

     Senator Sims offered SA 5 to SSA 1 for SA 1, which was read:

SENATE AMENDMENT NO. 5 TO

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

     Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 1, Section 144.014, Line 12, by changing "two" to "one"; and on line 13, by deleting the words "from one-half of the two percent rate".

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

     Senator Singleton offered SA 6 to SSA 1 for SA 1:

SENATE AMENDMENT NO. 6 TO

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

     Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 2, Line 24, by inserting immediately after said line the following:

     "143.131. 1. The Missouri standard deduction may be deducted in determining Missouri taxable income of a resident individual unless the taxpayer or his spouse has elected to itemize his deduction as provided in section 143.141.

     2. The Missouri standard deduction shall be the allowable federal standard deduction, increased to the extent not otherwise deductible by the taxes for the same taxable year for which the return is being filed that are imposed by section 3101 of the Internal Revenue Code, relating to the tax on employees under the Federal Insurance Contributions Act."; and

     Further amend the title and enacting clause accordingly.

     Senator Singleton moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Childers, Kenney, Kinder and Russell.

     Senator Scott resumed the Chair.

     President Wilson resumed the Chair.

     SA 6 to SSA 1 for SA 1 failed of adoption by the following vote:
Yeas--Senators
BentleyChildersEhlmannFlotron
GravesKenneyKinderKlarich
RohrbachRussellSimsSingleton
WestfallYeckel--14
Nays--Senators
BanksCaskeyClayCurls
DePascoGoodeHouseHoward
JacobJohnsonLybyerMathewson
MaxwellMcKennaMuellerQuick
SchneiderScottStaplesWiggins--20
Absent--Senators--None
Absent with leave--Senators--None

     At the request of Senator Banks, HB 491, with SCS, SS for SCS, SA 1 and SSA 1 for SA 1, as amended (pending), was placed on the Informal Calendar.

HOUSE BILLS ON SECOND READING

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

     HS for HB 811--Public Health and Welfare.

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 Speaker has appointed the following conferees to act with a like committee from the Senate on HCS No. 2 for SB 161: Representatives: Kelly (27), Smith, Clayton, Lograsso, Ridgeway.

MESSAGES FROM THE GOVERNOR

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

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

April 29, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI:

     I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

     Lyn C. Konstant, Ph.D., R.D., 117 East Circle Drive, Jefferson City, Cole County, Missouri 65109, as a member of the Missouri Head Injury Advisory Council, for a term ending May 12, 1999, and until her successor is duly appointed and qualified; vice, Coleen Kivlahan, resigned.

Respectfully submitted,

MEL CARNAHAN

Governor

     President Pro Tem McKenna referred the above appointment to the Committee on Gubernatorial Appointments.

RESOLUTIONS

     Senator Schneider offered Senate Resolution No. 741, regarding Charles Kenneth McClure, Jefferson City, which was adopted.

     Senator Schneider offered Senate Resolution No. 742, regarding Derek A. Pease, Florissant, which was adopted.

     Senator Schneider offered Senate Resolution No. 743, regarding Ryan J. Claus, St. Louis, which was adopted.

     Senator Singleton offered Senate Resolution No. 744, regarding the Sixty-fifth Wedding Anniversary of Mr. and Mrs. Edwin Strong, which was adopted.

     Senator Graves offered Senate Resolution No. 745, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Wesley Slemp, Fairfax, which was adopted.

     Senator Graves offered Senate Resolution No. 746, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Huel Campbell, Trenton, which was adopted.

     Senator Graves offered Senate Resolution No. 747, regarding Leslie Feitz, which was adopted.

     Senator Graves offered Senate Resolution No. 748, regarding Michele M. McElwain, which was adopted.

     Senator Graves offered Senate Resolution No. 749, regarding Angela Schemmer, which was adopted.

     Senator Graves offered Senate Resolution No. 750, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Henry Krueger, Mound City, which was adopted.

     Senator Graves offered Senate Resolution No. 751, regarding the Forty-fifth Wedding Anniversary of Mr. and Mrs. Bobby Kelley, Hopkins, which was adopted.

     Senator Graves offered Senate Resolution No. 752, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Ben McKenzie, Laclede, which was adopted.

     Senator Graves offered Senate Resolution No. 753, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Arthur Workman, King City, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Yeckel introduced to the Senate, Ruth and Alison Kirchhoff, St. Louis; and Alison was made an honorary page.

     Senator Mueller introduced to the Senate, Mr. and Mrs. Ed Travis, Des Peres.

     Senator Rohrbach introduced to the Senate, Patsy Reed, and seventh grade students from St. Andrews School, Tipton; and Jessie Adams, Kevin Johansen, Evan Moon and Luke Crane were made honorary pages.

     Senator Graves introduced to the Senate, Tena Eggers, and fourth grade students from the Hale School District.

     Senator Rohrbach introduced to the Senate, Mrs. Eikoff, and eighth grade students from Blackwater Middle School.

     Senator Jacob introduced to the Senate, University of Missouri Head Football Coach, Larry Smith, Columbia.

     Senator DePasco introduced to the Senate, twenty-two seventh grade students from Messiah Lutheran School, Independence; and Julie Haesemeier and Jeremy Newgard were made honorary pages.

     Senator Rohrbach introduced to the Senate, Matt Hoelscher, Wardsville; and Matt was made an honorary page.

      Senator Schneider introduced to the Senate, students from Commons Lane Elementary School, St. Louis; and Jill Schwartzmen, Jessica Hall, Martis Wells and Nicholas Coppola were made honorary pages.

     On behalf of Senator Ehlmann, Senator Sims introduced to the Senate, Lindsey and Christine Rose and Lauren Stonebraker, St. Peters; and Lindsey, Lauren and Christine were made honorary pages.

     Senator Caskey introduced to the Senate, Ann Sullivan, and sixteen seventh and eighth grade students from Strasburg School, Strasburg.

     Senator Jacob introduced to the Senate, Nancy Jackson, Tracy Lerbs, Erin O'Brien, Mary Konnesky and Kathy Payne, Columbia.

     Senator Yeckel introduced to the Senate, Dana Lenzen, and fourth grade students from Kennerly School, St. Louis; and Tyler Krebeck, Kelly Weaver, Racquel Kelly and Jeff Faust were made honorary pages.

     Senator Graves introduced to the Senate, former State Senator Glen Klippenstein, Maysville.

     Senator Sims introduced to the Senate, the Physician of the Day, Ronald E. Hoffman, M.D. and Dr. Walter Graul, St. Louis.

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