Journal of the Senate

FIRST REGULAR SESSION


SIXTY-FIRST DAY--WEDNESDAY, APRIL 30, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, help us to know the difference between conviction and stubbornness, tolerance and indifference and standing firm and being hard-headed. Teach us to know when to stand alone and when to cooperate, when to be different and when to go along, when to speak and when to be quiet. Bring out the good in us that together we might succeed. 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.

     Senator Johnson assumed the Chair.

RESOLUTIONS

     Senator Sims offered Senate Resolution No. 754, regarding the Sixtieth Birthday of Jules L. Pass, St. Louis, which was adopted.

     Senator Kinder offered Senate Resolution No. 755, regarding Richard Johnson, which was adopted.

PRIVILEGED MOTIONS

     Senator Lybyer moved that the Senate refuse to grant further conference on SCS for HCS for HB 6, as amended, and request that the House adopt the conference committee report on SCS for HCS for HB 6, as amended, and take up and pass CCS for HB 6, which request was granted.

THIRD READING OF SENATE BILLS

     SJR 6, introduced by Senator Flotron, et al, entitled:

     Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 3 of article XIII of the Constitution of Missouri relating to compensation of elected officials.

     Was taken up by Senator Flotron.

     On motion of Senator Flotron, SJR 6 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyChildersDePasco
EhlmannFlotronGoodeGraves
HouseJohnsonKenneyKinder
KlarichLybyerMathewsonMcKenna
MuellerQuickRohrbachRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--27
Nays--Senators
CaskeyCurlsHowardJacob
MaxwellSchneider--6
Absent--Senators--Clay--1
Absent with leave--Senators--None

     The President 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 McKenna moved that motion lay on the table, which motion prevailed.

     SS for SCS for SB 274, introduced by Senator McKenna, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 274

     An Act to repeal sections 313.540 and 313.660, RSMo 1994, and sections 313.500 and 313.510, RSMo 1996, relating to off-track pari-mutuel wagering, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions.

     Was taken up.

     On motion of Senator McKenna, SS for SCS for SB 274 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCurlsDePasco
HowardJacobJohnsonKinder
LybyerMathewsonMcKennaMueller
QuickSchneiderScottSims
StaplesWigginsYeckel--19
Nays--Senators
CaskeyChildersEhlmannFlotron
GoodeGravesHouseKenney
KlarichMaxwellRohrbachRussell
SingletonWestfall--14
Absent--Senators--Clay--1
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

SENATE BILLS FOR PERFECTION

     Senator McKenna moved that SB 284, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

     SCS for SB 284, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 284

     An Act to repeal sections 536.021 and 536.022, RSMo 1994, sections 8.710, 29.100, 33.090, 34.050, 36.060, 36.070, 41.948, 43.509, 66.380 and 536.025, RSMo Supp. 1996, and section 32.125, as both versions of such section appear in RSMo Supp. 1996, relating to rulemaking, and to enact in lieu thereof fifteen new sections relating to the same subject.

     Was taken up.

     Senator McKenna moved that SCS for SB 284 be adopted.

     Senator McKenna offered SS for SCS for SB 284, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 284

     An Act to repeal sections 37.010 and 103.059, RSMo 1994, and sections 8.710, 29.100, 33.090, 34.050, 36.060, 36.070, 41.948, 43.509, 66.380, 160.272, 161.102, 173.081, 192.006, 207.021, 260.225, 262.470, 276.406, 287.650, 326.110, 333.111, 337.050, 361.105, 374.045, 454.400, 620.010, 620.125, 630.050, 633.190, 640.010, 640.755, 643.050, 644.026, 650.005 and 660.017, RSMo Supp. 1996, and section 32.125, as both versions of such section appear in RSMo Supp. 1996, relating to rulemaking, and to enact in lieu thereof thirty-eight new sections relating to the same subject, with an emergency clause.

     Senator McKenna moved that SS for SCS for SB 284 be adopted.

     At the request of Senator McKenna, SB 284, with SCS and SS for SCS (pending), was placed on the Informal Calendar.

PRIVILEGED MOTIONS

     Senator Russell moved that SB 69, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

     HCA 1 was taken up.

     Senator Russell moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Clay--1
Absent with leave--Senators--None

     On motion of Senator Russell, SB 69, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
SchneiderScottSimsSingleton
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
ClayCurlsStaples--3
Absent with leave--Senators--None

     The President declared the bill passed.

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

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

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

     Bill ordered enrolled.

     President Pro Tem McKenna resumed the Chair.

     Senator Westfall moved that SCS for SB 104, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SCS for SB 104, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 104

     An Act to repeal section 206.110, RSMo Supp. 1996, relating to the powers of hospital districts, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up.

     Senator Westfall moved that HCS for SCS for SB 104, as amended, be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyChildersCurls
DePascoEhlmannFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--Caskey--1
Absent--Senators
ClaySchneider--2
Absent with leave--Senators--None

     On motion of Senator Westfall, HCS for SCS for SB 104, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyChildersDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--Caskey--1
Absent--Senators
ClayCurls--2
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

     Bill ordered enrolled.

     Senator House moved that SCS for SB 220, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

     HCA 1 was taken up.

     Senator House moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

     On motion of Senator House, SCS for SB 220, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
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 Bentley moved that motion lay on the table, which motion prevailed.

     Bill ordered enrolled.

     Senator Bentley moved that SB 241, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SB 241, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 241

     An Act to repeal sections 137.021 and 137.555, RSMo 1994, and section 137.016, RSMo Supp. 1996, relating to certain tax levies on property, and to enact in lieu thereof three new sections relating to the same subject.

     Was taken up.

     Senator Bentley moved that HCS for SB 241, as amended, be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyChildersClay
CurlsDePascoEhlmannFlotron
HouseHowardJohnsonKenney
KlarichLybyerMathewsonMaxwell
McKennaQuickSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--26
Nays--Senators
CaskeyGoodeGravesJacob
KinderMuellerRohrbachRussell--8
Absent--Senators--None
Absent with leave--Senators--None

     On motion of Senator Bentley, HCS for SB 241, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KlarichLybyerMathewsonMaxwell
McKennaQuickRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators
KinderMuellerRohrbach--3
Absent--Senators--None
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 Banks moved that motion lay on the table, which motion prevailed.

     Bill ordered enrolled.

     Senator Caskey moved that SCS for SB 265, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SCS for SB 265, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 265

     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.

     Was taken up.

     Senator Caskey moved that HCS for SCS for SB 265 be adopted, which motion prevailed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Banks--1
Absent with leave--Senators--None

     On motion of Senator Caskey, HCS for SCS for SB 265 was read the 3rd time and passed by the following vote:
Yeas--Senators
BentleyCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Banks--1
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 Kenney moved that motion lay on the table, which motion prevailed.

     Bill ordered enrolled.

     Senator Kenney moved that the Senate refuse to concur in HCS for SCS for SB 316 and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

     Senator Caskey moved that SB 368, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SB 368, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 368

     An Act to repeal section 140.170, RSMo Supp. 1996, relating to delinquent property taxes, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

     Was taken up.

     Senator Caskey moved that HCS for SB 368 be adopted, which motion prevailed by the following vote:
Yeas--Senators
CaskeyChildersClayCurls
DePascoEhlmannGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BanksBentleyFlotron--3
Absent with leave--Senators--None

     On motion of Senator Caskey, HCS for SB 368 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoEhlmannGoode
GravesHouseHowardJacob
JohnsonKenneyKlarichLybyer
MathewsonMaxwellMcKennaMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
BentleyFlotronKinder--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
CurlsDePascoGoodeGraves
HouseHowardJacobJohnson
KenneyKinderMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--29
Nays--Senators--None
Absent--Senators
BentleyEhlmannFlotronKlarich
Lybyer--5
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 Quick moved that motion lay on the table, which motion prevailed.

     Bill ordered enrolled.

     Senator Schneider moved that the Senate refuse to concur in HCS for SB 387 and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

     Senator Johnson moved that HB 327, with SCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

     Senator Johnson moved that the Senate recede from its position on SCA 1, which motion prevailed.

     On motion of Senator Johnson, HB 327 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRussellScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--Rohrbach--1
Absent--Senators
ClayHowardSchneider--3
Absent with leave--Senators--None

     The President Pro Tem declared the bill passed.

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

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

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

     Senator Maxwell moved that HB 318, with SCS, be taken up for 3rd reading and final passage, which motion prevailed.

     Senator Maxwell moved that the Senate recede from its position on SCS for HB 318, which motion prevailed.

     On motion of Senator Maxwell, HB 318 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Clay--1
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 Quick moved that motion lay on the table, which motion prevailed.

     President Wilson assumed the Chair.

     President Pro Tem McKenna resumed the Chair.

PRIVILEGED MOTIONS

     Senator Bentley moved that the Senate refuse to concur in HCA 1 to SCS for SB 373 and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon and further that the conferees be allowed to exceed the differences for the purpose of allowing a specific CON exemption for a nursing home for Catholic nuns at DePaul Hospital, which motion prevailed.

     Senator Lybyer moved that SCS for SB 402, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

     HCA 1 was taken up.

     Senator Lybyer moved that the above amendment be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

     On motion of Senator Lybyer, SCS for SB 402, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
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 Quick moved that motion lay on the table, which motion prevailed.

     Bill ordered enrolled.

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 has concurred in SCA 1 to HB 622 and has again taken up and passed HB 622 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 526 and has again taken up and passed HB 526 as amended.

     Emergency clause adopted.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 734 and has again taken up and passed HB 734 as amended.

     Emergency clause adopted.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 712 and has again taken up and passed HB 712 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 386 and has again taken up and passed SCS for HB 386.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 793, as amended, and has again taken up and passed SCS for HB 793, as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HB 107 and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 250 and has again taken up and passed HB 250 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 797 and has again taken up and passed HB 797 as amended.

     Emergency clause adopted.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 643 and has again taken up and passed HB 643 as amended.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 63 and has again taken up and passed SCS for HB 63.

     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.

RESOLUTIONS

     Senator Lybyer offered Senate Resolution No. 756, regarding Miss Virginia Carrolla, which was adopted.

     Senator Lybyer offered Senate Resolution No. 757, regarding Mrs. Judith Ryce, which was adopted.

     Senator Wiggins offered Senate Resolution No. 758, regarding Miss Sara Beth Archer, Independence, which was adopted.

PRIVILEGED MOTIONS

     Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 2 submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL NO. 2

     Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 2, begs leave to report that we, after open, free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 2, and that the House recede from its position on House Committee Substitute for House Bill No. 2, and the Conference Committee Substitute for House Bill No. 2, be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Mike Lybyer      /s/ Sheila Lumpe

/s/ Harry Wiggins      /s/ Deleta Williams

/s/ Wayne Goode      /s/ Richard Franklin

/s/ John T. Russell      /s/ Chuck Wooten

/s/ Marvin Singleton      /s/ Sandra D. Kauffman

     Senator Lybyer moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoEhlmannFlotron
GoodeHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
MuellerQuickRohrbachRussell
ScottSimsSingletonStaples
WestfallWigginsYeckel--31
Nays--Senators--None
Absent--Senators
CurlsGravesSchneider--3
Absent with leave--Senators--None

     On motion of Senator Lybyer, CCS for HB 2, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 2

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the State Board of Education and of the Department of Elementary and Secondary Education and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money from the General Revenue Fund to the State School Moneys Fund, and to transfer money from the General Revenue Fund to the Video Instructional Development and Educational Opportunity Fund, and to transfer money from the General Revenue Fund to the Outstanding Schools Trust Fund, and to transfer money from the Gaming Proceeds for Education Fund to the State School Moneys Fund and to transfer money from the Gaming Proceeds for Education Fund to the School District Bond Fund and for the investment in registered bonds of the State Public School Fund by the State Board of Education for the period beginning July 1, 1997 and ending June 30, 1998.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayDePascoFlotronGoode
GravesHouseHowardJacob
JohnsonKenneyKinderKlarich
LybyerMathewsonMaxwellMcKenna
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
CurlsEhlmannMuellerQuick--4
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 Quick moved that motion lay on the table, which motion prevailed.

     Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 3, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL NO. 3

     Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 3, as amended, begs leave to report that we, after open, free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 3, as amended, and that the House recede from its position on House Committee Substitute for House Bill No. 3, as amended, and the Conference Committee Substitute for House Bill No. 3, be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Mike Lybyer      /s/ Sheila Lumpe

/s/ Harry Wiggins      /s/ Deleta Williams

/s/ Wayne Goode      /s/ Richard Franklin

/s/ John T. Russell      /s/ Bonnie Sue Cooper

/s/ Marvin Singleton      /s/ Sandra D. Kauffman

     Senator Lybyer moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
DePascoEhlmannFlotronGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaMueller
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
BentleyCurlsGoodeQuick--4
Absent with leave--Senators--None

     On motion of Senator Lybyer, CCS for HB 3, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 3

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Higher Education and the several divisions, programs and institutions of higher education included therein to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
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 Quick moved that motion lay on the table, which motion prevailed.

      Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 4, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL NO. 4

     Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 4, as amended, begs leave to report that we, after open, free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 4, as amended, and that the House recede from its position on House Committee Substitute for House Bill No. 4, as amended, and the Conference Committee Substitute for House Bill No. 4, be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Mike Lybyer      /s/ Sheila Lumpe

/s/ Harry Wiggins      /s/ Deleta Williams

/s/ Wayne Goode      /s/ Timothy Green

/s/ John T. Russell      /s/ Ken Legan

/s/ Marvin Singleton      Carl Vogel

      Senator Lybyer moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

     On motion of Senator Lybyer, CCS for HB 4, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 4

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Revenue and the Department of Transportation, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 1997 and ending June 30, 1998.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksCaskeyChildersClay
CurlsDePascoEhlmannFlotron
GoodeGravesHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Bentley--1
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 Quick moved that motion lay on the table, which motion prevailed.

     Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 5, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE BILL NO. 5

     Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 5, as amended begs leave to report that we, after open, free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 5, as amended, and that the House recede from its position on House Committee Substitute for House Bill No. 5, and the Conference Committee Substitute for House Bill No. 5, be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Mike Lybyer      /s/ Sheila Lumpe

/s/ Harry Wiggins      /s/ Deleta Williams

/s/ Wayne Goode      /s/ Timothy Green

/s/ John T. Russell      /s/ Ken Legan

/s/ Marvin Singleton      Carl Vogel

     Senator Lybyer moved that the above conference committee report be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeHouseHoward
JacobJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senators--Graves--1
Absent with leave--Senators--None

     On motion of Senator Lybyer, CCS for HB 5, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 5

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Office of Administration and the Department of Transportation, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 1997 and ending June 30, 1998.

     Was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Nays--Senators--None
Absent--Senators--None
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 Quick moved that motion lay on the table, which motion prevailed.

PRIVILEGED MOTIONS

     Senator Banks moved that the Senate refuse to concur in HCA 1 to SB 262 and request the House to recede from its position and pass SB 262, which motion prevailed.

     Senator Scott assumed the Chair.

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 was again taken up.

     Senator McKenna offered SA 7 to SSA 1 for SA 1, which was read:

SENATE AMENDMENT NO. 7 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 21, by striking the word "not".

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

     Senator Jacob offered SA 8 to SSA 1 for SA 1, which was read:

SENATE AMENDMENT NO. 8 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, Lines 12-13, by striking all of said lines and inserting in lieu thereof the following: "retail sales of food shall be at the rate of one percent. The revenue derived from the one percent rate pursuant to".

     Senator Jacob moved that the above amendment be adopted.

     Senator Caskey requested a roll call vote be taken on the adoption of SA 8 to SSA 1 for SA 1 and was joined in his request by Senators Clay, Jacob, Mueller and Staples.

     SA 8 to SSA 1 for SA 1 failed of adoption by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsHouseHoward
JacobKlarichMuellerQuick
Rohrbach--13
Nays--Senators
DePascoEhlmannFlotronGoode
GravesJohnsonKenneyKinder
LybyerMathewsonMaxwellMcKenna
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--21
Absent--Senators--None
Absent with leave--Senators--None

     Senator Staples assumed the Chair.

     Senator Singleton offered SA 9 to SSA 1 for SA 1:

SENATE AMENDMENT NO. 9 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 24, by inserting immediately after said line the following:

     "143.121. 1. The Missouri adjusted gross income of a resident individual shall be [his] the individual's federal adjusted gross income subject to the modifications in this section.

     2. There shall be added to [his] the individual's federal adjusted gross income:

     (a) The amount of any federal income tax refund received for a prior year which resulted in a Missouri income tax benefit;

     (b) Interest on certain governmental obligations excluded from federal gross income by section 103 of the Internal Revenue Code. The previous sentence shall not apply to interest on obligations of the state of Missouri or any of its political subdivisions or authorities and shall not apply to the interest described in subdivision (a) of subsection 3 of this section. The amount added [under] pursuant to this paragraph shall be reduced by the amounts applicable to such interest that would have been deductible in computing the taxable income of the taxpayer except only for the application of section 265 of the Internal Revenue Code. The reduction shall only be made if it is at least five hundred dollars.

     3. There shall be subtracted from [his] the individual's federal adjusted gross income the following amounts to the extent included in federal adjusted gross income:

     (a) Interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission or instrumentality of the United States to the extent exempt from Missouri income taxes [under] pursuant to the laws of the United States. The amount subtracted [under] pursuant to this paragraph shall be reduced by any interest on indebtedness incurred to carry the described obligations or securities and by any expenses incurred in the production of interest or dividend income described in this paragraph. The reduction in the previous sentence shall only apply to the extent that such expenses including amortizable bond premiums are deducted in determining [his] the individual's federal adjusted gross income or included in [his] such individual's Missouri itemized deduction. The reduction shall only be made if the expenses total at least five hundred dollars;

     (b) The portion of any gain, from the sale or other disposition of property having a higher adjusted basis to the taxpayer for Missouri income tax purposes than for federal income tax purposes on December 31, 1972, that does not exceed such difference in basis. If a gain is considered a long-term capital gain for federal income tax purposes, the modification shall be limited to one-half of such portion of the gain;

     (c) The amount necessary to prevent the taxation [under] pursuant to sections 143.011 to 143.996 of any annuity or other amount of income or gain which was properly included in income or gain and was taxed [under] pursuant to the laws of Missouri for a taxable year prior to January 1, 1973, to the taxpayer, or to a decedent by reason of whose death the taxpayer acquired the right to receive the income or gain, or to a trust or estate from which the taxpayer received the income or gain;

     (d) Accumulation distributions received by a taxpayer as a beneficiary of a trust to the extent that the same are included in federal adjusted gross income;

     (e) The amount of any state income tax refund for a prior year which was included in the federal adjusted gross income;

     (f) The portion of capital gain specified in subsection 3 of section 135.357, RSMo, that would otherwise be included in federal adjusted gross income[.];

     (g) The first six thousand dollars of any social security benefits included in federal gross income pursuant to section 86 of the Internal Revenue Code.

     4. There shall be added to or subtracted from [his] the individual's federal adjusted gross income the taxpayer's share of the Missouri fiduciary adjustment provided in section 143.351.

     5. There shall be added to or subtracted from [his] the individual's federal adjusted gross income the modifications provided in section 143.411.

     Section C. Section A of this act shall become effective on January 1, 1998, and shall apply to all taxable years beginning after December 31, 1997."; and

     Further amend the title and enacting clause accordingly.

     Senator Singleton moved that the above amendment be adopted.

     Senator Rohrbach offered SA 1 to SA 9 to SSA 1 for SA 1:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 9 TO

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

     Amend Senate Amendment No. 9 to Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 3, Section 143.121, Line 13 of said page, by adding immediately before the "." on said line the following: "less any amount of income not subject to taxation under provisions of 143.124 RSMo".

     Senator Rohrbach moved that the above amendment be adopted.

     President Pro Tem McKenna resumed the Chair.

     Senator Staples raised the point of order that SA 1 to SA 9 to SSA 1 for SA 1 is out of order in that the amendment is in the third degree.

     President Pro Tem McKenna ruled the point of order well taken.

     At the request of Senator Singleton, SA 9 to SSA 1 for SA 1 was withdrawn.

     Senator Singleton offered SA 10 to SSA 1 for SA 1:

SENATE AMENDMENT NO. 10 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 24, by inserting immediately after said line the following:

     "143.121. 1. The Missouri adjusted gross income of a resident individual shall be [his] the individual's federal adjusted gross income subject to the modifications in this section.

     2. There shall be added to [his] the individual's federal adjusted gross income:

     (a) The amount of any federal income tax refund received for a prior year which resulted in a Missouri income tax benefit;

     (b) Interest on certain governmental obligations excluded from federal gross income by section 103 of the Internal Revenue Code. The previous sentence shall not apply to interest on obligations of the state of Missouri or any of its political subdivisions or authorities and shall not apply to the interest described in subdivision (a) of subsection 3 of this section. The amount added [under] pursuant to this paragraph shall be reduced by the amounts applicable to such interest that would have been deductible in computing the taxable income of the taxpayer except only for the application of section 265 of the Internal Revenue Code. The reduction shall only be made if it is at least five hundred dollars.

     3. There shall be subtracted from [his] the individual's federal adjusted gross income the following amounts to the extent included in federal adjusted gross income:

     (a) Interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission or instrumentality of the United States to the extent exempt from Missouri income taxes [under] pursuant to the laws of the United States. The amount subtracted [under] pursuant to this paragraph shall be reduced by any interest on indebtedness incurred to carry the described obligations or securities and by any expenses incurred in the production of interest or dividend income described in this paragraph. The reduction in the previous sentence shall only apply to the extent that such expenses including amortizable bond premiums are deducted in determining [his] the individual's federal adjusted gross income or included in [his] such individual's Missouri itemized deduction. The reduction shall only be made if the expenses total at least five hundred dollars;

     (b) The portion of any gain, from the sale or other disposition of property having a higher adjusted basis to the taxpayer for Missouri income tax purposes than for federal income tax purposes on December 31, 1972, that does not exceed such difference in basis. If a gain is considered a long-term capital gain for federal income tax purposes, the modification shall be limited to one-half of such portion of the gain;

     (c) The amount necessary to prevent the taxation [under] pursuant to sections 143.011 to 143.996 of any annuity or other amount of income or gain which was properly included in income or gain and was taxed [under] pursuant to the laws of Missouri for a taxable year prior to January 1, 1973, to the taxpayer, or to a decedent by reason of whose death the taxpayer acquired the right to receive the income or gain, or to a trust or estate from which the taxpayer received the income or gain;

     (d) Accumulation distributions received by a taxpayer as a beneficiary of a trust to the extent that the same are included in federal adjusted gross income;

     (e) The amount of any state income tax refund for a prior year which was included in the federal adjusted gross income;

     (f) The portion of capital gain specified in subsection 3 of section 135.357, RSMo, that would otherwise be included in federal adjusted gross income[.];

     (g) The first six thousand dollars of any social security benefits included in federal gross income pursuant to section 86 of the Internal Revenue Code less any amount of income not subject to taxation under Section 143.124, Subsection 3.

     4. There shall be added to or subtracted from [his] the individual's federal adjusted gross income the taxpayer's share of the Missouri fiduciary adjustment provided in section 143.351.

     5. There shall be added to or subtracted from [his] the individual's federal adjusted gross income the modifications provided in section 143.411.

     Section C. Section A of this act shall become effective on January 1, 1998, and shall apply to all taxable years beginning after December 31, 1997."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Mueller asked that Part I be divided into 2 parts, requesting that Lines 1-8 of the first page, Section 144.014 on pages 1 and 2 and Section B on page 2 be voted on first and a second vote be taken on Section 144.016, which request was granted.

     Senator Mueller requested a roll call vote be taken on Part I-B of SSA 1 for SA 1 and was joined in his request by Senators Westfall, Russell, Rohrbach and Ehlmann.

     Senator Mathewson moved that Part I-A be adopted.

     Senator Wiggins assumed the Chair.

     Senator Goode raised the point of order that the request for a further division of Part I of SSA 1 for SA 1 is out of order as the subject matter of the second division had been previously addressed by the body by amendment.

     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 moved that Part I-A of SSA 1 for SA 1 be adopted.

     Senator Caskey requested a roll call vote be taken on the adoption of Part I-A of SSA 1 for SA 1 and was joined in his request by Senators Bentley, Singleton, Westfall and Ehlmann.

     Part I-A was adopted by the following vote:
Yeas--Senators
BentleyChildersDePascoEhlmann
GoodeGravesHouseJohnson
KenneyKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsStaplesWestfallWiggins
Yeckel--25
Nays--Senators
BanksCaskeyClayCurls
FlotronHowardJacobKinder
Singleton--9
Absent--Senators--None
Absent with leave--Senators--None

     President Wilson resumed the Chair.

     Senator Mathewson moved that Part I-B of SSA 1 for SA 1 be adopted, which motion prevailed by the following vote:
Yeas--Senators
CaskeyChildersDePascoFlotron
GoodeHouseJacobJohnson
KlarichLybyerMathewsonMaxwell
McKennaQuickSchneiderScott
StaplesWiggins--18
Nays--Senators
BanksBentleyClayCurls
EhlmannGravesHowardKenney
KinderMuellerRohrbachRussell
SimsSingletonWestfallYeckel--16
Absent--Senators--None
Absent with leave--Senators--None

     Part II of SSA 1 for SA 1 was taken up.

     Senator Rohrbach offered SA 11 to SSA 1 for SA 1, which was read:

SENATE AMENDMENT NO. 11 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 4, Section 143.124, Line 21, by inserting after the number "2000" the following: "provided, however, that the total amount of retirement benefits from all sources subtracted from Missouri adjusted gross income shall not exceed six thousand dollars for each taxpayer".

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

     Senator Mathewson moved that Part II of SSA 1 for SA 1, as amended, be adopted, which motion prevailed.

     Part III of SSA 1 for SA 1 was taken up.

     Senator Kenney offered SA 12 to SSA 1 for SA 1, which was read:

SENATE AMENDMENT NO. 12 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 6, Section 143.161, Line 15, by adding at the end of line 15 the following: "For all tax years beginning on or after January 1, 1999, a resident may deduct one thousand dollars for each dependent for whom he is entitled to a dependency exemption deduction for federal income tax purposes. For all tax years beginning on or after January 1, 2000, a resident may deduct one thousand two hundred dollars for each dependent for whom he is entitled to a dependency exemption deduction for federal income tax purposes.".

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

     Senator Mathewson moved that Part III of SSA 1 for SA 1, as amended, be adopted, which motion prevailed.

     Part IV of SSA 1 for SA 1 was taken up.

     Senator Klarich offered SA 13 to SSA 1 for SA 1:

SENATE AMENDMENT NO. 13 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, Pages 6-11, Section 1, Line 19, by deleting all of said section and replace in lieu thereof the following:

     "143.171. 1. For all tax years beginning before January 1, 1994, for an individual taxpayer and for all tax years beginning before September 1, 1993, for a corporate taxpayer, the taxpayer shall be allowed a deduction for his federal income tax liability under chapter 1 of the Internal Revenue Code for the same taxable year for which the Missouri return is being filed after reduction for all credits thereon, except the credit for payments of federal estimated tax, the credit for the overpayment of any federal tax, and the credits allowed by the Internal Revenue Code by section 31 (tax withheld on wages), section 27 (tax of foreign country and United States possessions), and section 34 (tax on certain uses of gasoline, special fuels, and lubricating oils).

     2. For all tax years beginning on or after January 1, 1994, but before December 31, 1997, an individual taxpayer shall be allowed a deduction for his federal income tax liability under chapter 1 of the Internal Revenue Code for the same taxable year for which the Missouri return is being filed, not to exceed five thousand dollars on a single taxpayer's return or ten thousand dollars on a combined return, after reduction for all credits thereon, except the credit for payments of federal estimated tax, the credit for the overpayment of any federal tax, and the credits allowed by the Internal Revenue Code by section 31 (tax withheld on wages), section 27 (tax of foreign country and United States possessions), and section 34 (tax on certain uses of gasoline, special fuels, and lubricating oils). For all tax years beginning on or after January 1, 1998, but before December 31, 1999, an individual taxpayer shall be allowed a deduction for his or her federal income tax liability under chapter 1 of the Internal Revenue code for the same taxable year for which the Missouri return is being filed, not to exceed ten thousand dollars on a single taxpayer's return or fifteen thousand dollars on a combined return, after reduction for all credits thereon, except as specified in this subsection. For all tax years beginning on or after January 1, 2000, but before December 31, 2001, an individual taxpayer shall be allowed a deduction for his or her federal income tax liability under chapter 1 of the Internal Revenue Code for the same taxable year for which the Missouri return is being filed, not to exceed fifteen thousand dollars on a single taxpayer's return or twenty-thousand dollars on a combined return, after reduction for all credits thereon, except as specified in this subsection. For all tax years beginning on or after January 1, 2002, an individual taxpayer shall be allowed a deduction for his or her federal income tax liability under chapter 1 of the Internal Revenue Code for the same taxable year for which the Missouri return is being filed, after reduction for all credits thereon, except as specified in this subsection.

     3. For all tax years beginning on or after September 1, 1993, a corporate taxpayer shall be allowed a deduction for fifty percent of its federal income tax liability under chapter 1 of the Internal Revenue Code for the same taxable year for which the Missouri return is being filed after reduction for all credits thereon, except the credit for payments of federal estimated tax, the credit for the overpayment of any federal tax, and the credits allowed by the Internal Revenue Code by section 31 (tax withheld on wages), section 27 (tax of foreign country and United States possessions), and section 34 (tax on certain uses of gasoline, special fuels and lubricating oils).

     4. If a federal income tax liability for a tax year prior to the applicability of sections 143.011 to 143.996 for which he was not previously entitled to a Missouri deduction is later paid or accrued, he may deduct the federal tax in the later year to the extent it would have been deductible if paid or accrued in the prior year."; and

     Further amend the title and enacting clause accordingly.

     Senator Klarich moved that the above amendment be adopted.

     Senator Schneider raised the point of order that SA 13 to SSA 1 for SA 1 is out of order in that it is not a perfecting amendment as it goes beyond the scope of the substitute amendment by attempting to amend sections not in the substitute amendment.

     Senator Wiggins resumed the Chair.

     At the request of Senator Klarich, SA 13 to SSA 1 for SA 1 was withdrawn, rendering the point of order moot.

     Senator Klarich offered SA 14 to SSA 1 for SA 1, which was read:

SENATE AMENDMENT NO. 14 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, Pages 6-11, Section 1, Line 19, by deleting all of said section.

     Senator Klarich moved that the above amendment be adopted.

     Senator Klarich was recognized to close.

     At the request of Senator Banks, HB 491, with SCS, SS for SCS, SA 1, SSA 1 for SA 1 and SA 14 to SSA 1 for SA 1 (pending), was placed on the Informal Calendar.

     President Wilson resumed the Chair.

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 has taken up and passed HB 777, entitled:

     An Act to repeal sections 595.010 and 595.020, RSMo 1994, relating to victims of crime, and to enact in lieu thereof five new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     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 HB 697, entitled:

     An Act to repeal section 43.265, RSMo Supp. 1996, relating to the highway patrol's funds, and to enact in lieu thereof two new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     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 HBs 641 and 593, entitled:

     An Act to repeal sections 162.970, 162.975 and 162.980, RSMo 1994, and section 167.126, RSMo Supp. 1996, relating to state aid for special education programs, and to enact in lieu thereof three new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HB 513, entitled:

     An Act to repeal section 253.401, RSMo 1994, relating to historic preservation tax credits, and to enact in lieu thereof two new sections relating to the same subject, with an effective date.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 578, entitled:

     An Act to repeal section 135.352, RSMo Supp. 1996, relating to tax credits, and to enact in lieu thereof one new section relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Read 1st time.

     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 SB 303, entitled:

     An Act to repeal sections 238.202, 238.207, 238.210, 238.212, 238.215, 238.220, 238.227, 238.230, 238.232, 238.235, 238.237 and 238.240, RSMo 1994, relating to transportation development districts, and to enact in lieu thereof fourteen new sections relating to the same subject.

     With House Amendments Nos. 1 and 2.

HOUSE AMENDMENT NO. 1

     Amend House Committee Substitute for Senate Bill No. 303, Page 12, Section 238.235, Line 6, by deleting the words "public utilities" and inserting in lieu thereof the following: "all sales of electricity or electrical current, water and gas, natural or artificial, nor to sales of service to telephone subscribers, either local or long distance"; and

     Further amend said bill, Page 12, Section 238.235, Line 37, by deleting "second calendar quarter [" and inserting in lieu thereof the words "[second calendar quarter"; and

     Further amend said bill, Page 12, Section 238.235, Line 38, by inserting immediately before the word "following" the word "month".

HOUSE AMENDMENT NO. 2

     Amend House Committee Substitute for Senate Bill No. 303, Page 1, Section A, Line 5, by inserting after all of said line the following:

     "70.385. [Each appointment] 1. Two of the five appointments made by the governor [under] pursuant to the provisions of section 70.380 shall be selected from a panel of three nominees[, submitted alternately as vacancies occur,] submitted by the mayor of St. Louis city [and]. Two of the five appointments made by the governor pursuant to the provisions of section 70.380 shall be selected from a panel of three nominees submitted by the county executive of St. Louis County.

     2. The fifth appointment made by the governor pursuant to section 70.380 shall be selected from a panel of three nominees submitted alternately by the mayor of St. Louis city and the county executive of St. Louis County. The next appointment following August 28, 1997, shall be to fill the commissioner position described in this subsection and shall be made from three nominees submitted by the county executive of St. Louis County. The next appointment for the commissioner position described in this subsection shall be made from three nominees submitted by the mayor of St. Louis city whereupon the order of nomination and appointment for this position will repeat itself.

     3. The order of the appointments made pursuant to subsection 1 of this section shall be as follows:

     (1) One from the panel of nominees submitted by the mayor of St. Louis city;

     (2) One from the panel of nominees submitted by the county executive of St. Louis County whereupon the order of such appointments shall repeat itself.

     4. Whenever the mayor or the county executive submits a panel of three nominees, they shall adhere to the intent set forth in the provisions of subsection 2 of section 213.020, RSMo.

     70.390. Of the commissioners first appointed one shall be appointed to serve for a term of one year, one for two years, one for three years, one for four years and one for five years. At the expiration of the term of each commissioner and of each succeeding commissioner, the governor shall, by and with the advice and consent of the senate, appoint a successor who shall hold office for a term of five years if such successor is appointed to fill a commissioner position described in subsection 1 of this section. If a commissioner is appointed to fill the commissioner position described in subsection 2 of this section, then such commissioner shall hold office for a term of three years. Each commissioner shall hold office until his or her successor has been appointed and qualified."; and

     Further amend said bill, by amending the title and enacting clause accordingly.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 212.

     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 HS for SB 459, entitled:

     An Act to repeal sections 2.040 and 2.050, RSMo 1994, relating to session laws, and to enact in lieu thereof two new sections relating to the same subject.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 298, entitled:

     An Act to repeal sections 86.260, 86.267, 86.387, 86.447, 86.450, 86.453, 86.457, 86.463, 86.467, 86.620, 86.650 and 86.670, RSMo 1994, and sections 86.256, 86.280, 86.283, 86.287, 86.370, 86.430, 86.600, 86.630 and 86.672, RSMo Supp. 1996, relating to certain police retirement systems, and to enact in lieu thereof twenty-two new sections relating to the same subject.

     With House Amendment No. 1.

HOUSE AMENDMENT NO. 1

     Amend House Committee Substitute for Senate Bill No. 298, Page 1, In the Title, Line 2, by inserting after the word "sections" the following: "84.030, 84.360,"; and

     Further amend said bill, Page 1, In the Title, Line 5, by deleting the word "twenty-two" and inserting in lieu thereof the word "twenty-four"; and

     Further amend said bill, Page 1, Section A, Line 1, by inserting after the word "Sections" the following: "84.030, 84.360,"; and

     Further amend said bill, Page 1, Section A, Line 3, by deleting the word "twenty-two" and inserting in lieu thereof the word "twenty-four"; and

     Further amend said bill, Page 1, Section A, Line 4, by inserting after the word "sections" the following: "84.030, 84.360,"; and

     Further amend said bill, Page 1, Section A, Line 6, by inserting after all of said line the following:

     "84.030. Beginning on January 9, 1989, the governor of the state of Missouri, by and with the advice and consent of the senate, shall appoint the four commissioners provided for in section 84.020, and one commissioner shall be appointed for a term of one year; one commissioner shall be appointed for a term of two years; one commissioner shall be appointed for a term of three years; one commissioner shall be appointed for a term of four years. Their successors shall each be appointed for a term of four years, and [said] such commissioners shall hold office for their term of appointment and until their successors shall have been appointed and qualified. Beginning with the first appointment made after the effective date of this section and every four years thereafter, the commissioner so appointed shall be a retired member of the police force in good standing, who served as a member of such police force for at least ten years and who at no time held any rank higher than lieutenant. In case of a vacancy in [said] such board for any cause whatsoever, it shall be filled by appointment for the unexpired term, in the same manner as in the case of original appointments. The governor shall issue commissions to the persons so appointed, designating the time for which they are appointed in case the appointment is to fill an unexpired term occasioned by death, resignation or any other cause, and whenever the term of office of any commissioner expires, the appointment of [his] the commissioner's successor shall be for four years. The commissioners now holding offices under existing laws in any city of this state to which sections 84.010 to 84.340 apply are to hold their offices until the expiration of their terms, and their successors are duly appointed and qualified.

     84.360. The governor of the state of Missouri, by and with the consent of the senate, shall appoint the four commissioners provided for in section 84.350, and one commissioner shall be appointed for a term of one year; one commissioner shall be appointed for a term of two years; one commissioner shall be appointed for a term of three years; one commissioner shall be appointed for a term of four years. Their successors shall each be appointed for a term of four years, and [said] commissioners shall hold office for their term of appointment and until their successors shall have been appointed and qualified. Beginning with the first appointment made after the effective date of this section and every four years thereafter, the commissioner so appointed shall be a retired member of the police force in good standing, who served as a member of such police force for at least ten years and who at no time held any rank higher than lieutenant. In case of a vacancy in [said] such board from any cause whatever, it shall be filled by appointment for the unexpired term, in the same manner as in the case of original appointments. The governor shall issue commissions to the persons so appointed, designating the time for which they are appointed in case the appointment is to fill an unexpired term occasioned by death, resignation or any other cause whatever, and whenever the term of office of any commissioner expires, the appointment of [his] the commissioner's successor shall be for four years.".

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SCS for SB 56, entitled:

     An Act to repeal sections 547.200, 552.020, 556.036, 566.617, and 568.060, RSMo 1994, relating to court procedure, and to enact in lieu thereof twenty-two new sections relating to the same subject, with penalty provisions.

     With House Amendment No. 2.

HOUSE AMENDMENT NO. 2

     Amend House Committee Substitute for Senate Committee Substitute for Senate Bill No. 56, Page 20, Line 31, by inserting after all of said line, the following:

     "562.021. 1. If the definition of an offense prescribes a culpable mental state but does not specify the conduct, attendant circumstances or result to which it applies, the prescribed culpable mental state applies to each such material element.

     2. Except as provided in section 562.026, if the definition of an offense does not expressly prescribe a culpable mental state, a culpable mental state is nonetheless required and is established if a person acts purposely or knowingly or recklessly, but criminal negligence is not sufficient.

     3. If the definition of an offense prescribes criminal negligence as the culpable mental state, it is also established if a person acts purposely or knowingly or recklessly. When recklessness suffices to establish a culpable mental state, it is also established if a person acts purposely or knowingly. When acting knowingly suffices to establish a culpable mental state, it is also established if a person acts purposely.

     [3.] 4. Knowledge that conduct constitutes an offense, or knowledge of the existence, meaning or application of the statute defining an offense is not an element of an offense unless the statute clearly so provides."; and

     Further amend the title and enacting clause accordingly.

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 170, entitled:

     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-five new sections relating to the same subject with an emergency clause, and penalty provisions.

     With House Amendment No. 1.

HOUSE AMENDMENT NO. 1

     Amend House Committee Substitute for Senate Bill No. 170, Page 2, Section 143.411, Line 23, by inserting immediately after the word "return." the following:

     "If the nonresident partner's filing requirements results solely from one or more interests in any other partnerships or sub-chapter "S" corporations, that non-resident partner may be included in the composite return.";

     And further amend said section, Page 3, Line 47, by deleting the word "election" and by inserting in lieu thereof the word "agreement";

     And further amend said bill, Page 4, Section 143.471, Line 35, by inserting immediately after the word "return." the following:

     "If the nonresident shareholder's filing requirements results solely from one or more interests in any other partnerships or subchapter "S" corporations, that nonresident shareholder may be included in the composite return.";

     And further amend said bill, Page 20, Section 347.705, Line 17, by inserting immediately after the words "limited partnership" the following:

     "limited liability partnership, limited liability limited partnership";

     And further amend said bill, Page 33, Section 358.510, Line 1, by inserting immediately after the word "liability" the word "limited";

     And further amend said section, Page 33, Line 3, by inserting immediately after the word "liability" the word "limited";

     And further amend said bill, Page 36, 359.165, Line 49, by deleting the second "by" on said line and by inserting in lieu thereof the word "with".

     Emergency clause adopted.

     In which concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 340.

     Bill ordered enrolled.

RESOLUTIONS

     Senator Caskey offered Senate Resolution No. 759, regarding Dr. Duane Sterling, which was adopted.

     Senator Caskey offered Senate Resolution No. 760, regarding Donald E. Lovland, which was adopted.

     Senator Kenney offered Senate Resolution No. 761, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Sam Hibbard, Lee's Summit, which was adopted.

     Senator Schneider offered Senate Resolution No. 762, regarding Anthony D. Westbrooks, Florissant, which was adopted.

     Senator Yeckel offered Senate Resolution No. 763, regarding the Fiftieth Anniversary of the City of Bella Villa, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Sims introduced to the Senate, Kari Sosnoff, Chesterfield.

     Senator Westfall introduced to the Senate, Robert Newman, Republic.

     Senator Schneider introduced to the Senate, Donny Schmidt, St. Louis; and Donny was made an honorary page.

     Senator Flotron introduced to the Senate, Robert Kahn, Chesterfield.

     Senator Kinder introduced to the Senate, Donna Domian, Bob Eatherton and David Beasley, Cape Girardeau.

     Senator Bentley introduced to the Senate, Dr. Bob Glenn, Springfield.

     Senator Lybyer introduced to the Senate, Emily Lou Brent, Rolla.

     Senator Russell introduced to the Senate, Dr. Thomas Macdonnell, Marshfield.

     Senator Klarich introduced to the Senate, the Physician of the Day, Dr. Gregory K. Terpstra, and his wife, Wilma, Potosi.

     Senator Ehlmann introduced to the Senate, Don Boschert, Jr., St. Charles.

     Senator Mueller introduced to the Senate, Judge David McMullan and Bea Honbert, St. Louis.

     Senator Graves introduced to the Senate, Sherry Gooden and Robert Reasoner, Chillicothe.

     Senator House introduced to the Senate, Mrs. Mudd, Dottie Henke, and nineteen fourth and fifth grade students from St. Alphonsus School, Silex.

     Senator Caskey introduced to the Senate, Diane and Matt Magness, Harrisonville; and Matt was made an honorary page.

     Senator Caskey introduced to the Senate, Jim Merryfield, Windsor; and Dale Gregory, Columbia.

     Senator Staples introduced to the Senate, David Holman and his daughter, Kim, Farmington.

     Senator Russell introduced to the Senate, Lisa Jones, Julie Jackson, and thirty sixth grade students from Norwood R-I School.

     Senator Schneider introduced to the Senate, Diane Zykan, and students from St. Dismas Elementary School, St. Louis; and Jenny Baer, Steven Kister, Kyle O'Donnell and Rick Marino were made honorary pages.

     Senator Caskey introduced to the Senate, Steve Dryden, Raymore.

     Senator Wiggins introduced to the Senate, Jennifer Barker, Eric Jenkins, Myron King, Scott Betz, Casie Collignon, Josh Coffman, Adam Whyte, Elizabeth Repko and Linda M. Collier, Kansas City.

     Senator Lybyer introduced to the Senate, Brad Black, Tom Huffington, and eighth grade students from Licking R-VIII

School, Licking.

     Senator Westfall introduced to the Senate, Mr. and Mrs. Darren Redd, Polk County.

     Senator Johnson introduced to the Senate, Connie, Michael and Nathan Shalz, homeschoolers from St. Joseph; and Michael and Nathan were made honorary pages.

     Senator Westfall introduced to the Senate, Mike and Nancy Stephens, Bolivar.

     Senator Childers introduced to the Senate, Christina Tabuchi, Sharon Landwer, Constance Elmore, Branson; and Christina was made an honorary page.

     Senator Kenney introduced to the Senate, Kim Rimmer, Ken, Donna, Melanie and Tracie Rimmer, Joy Angotti, Sheri Lamb, Jamie Angotti, Laura Burgess and Rosalee Donnelly, Lee's Summit.

     Senator Mueller introduced to the Senate, Rev. and Mrs. Ted Schroeder, St. Louis.

     Senator Russell introduced to the Senate, his wife, Margaret, and his sister-in-law, Betsy Luthy, Lebanon.

     Senator Caskey introduced to the Senate, Brenda Foerschler, and one hundred seventy-five third grade students from Harrisonville Elementary School, Harrisonville.

     On motion of Senator Quick, the Senate adjourned until 9:30 a.m., Thursday, May 1, 1997.