Journal of the Senate

FIRST REGULAR SESSION


SIXTY-SECOND DAY--THURSDAY, MAY 1, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, instill in each of our hearts the faith to continue through this life when things aren't going well. Direct each step we take. Give to us the strength to follow where You lead. Be with us, for with You beside us we can do all things. 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

     Senator Quick offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 764

     BE IT RESOLVED by the Senate, that the Administrator of the Senate be and is hereby instructed to purchase and deliver to each Senator postage stamps not to exceed the value of eight hundred dollars ($800.00) and to take his or her receipt for the amount of postage stamps delivered, said stamps to be used by each Senator only for official business connected with his office, the expenses of same to be paid out of the contingent fund of the Senate.

     Senator Johnson assumed the Chair.

     Senator Flotron offered Senate Resolution No. 765, regarding Joe Abellard, St. Louis, which was adopted.

     Senator Howard offered Senate Resolution No. 766, regarding Bennie N. Till, M.D., FAFP, Poplar Bluff, which was adopted.

PRIVILEGED MOTIONS

     Senator Klarich moved that the Senate refuse to concur in HCS for SCS for SB 56, as amended, and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

     Senator Caskey moved that SB 170, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SB 170, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 170

     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.

     Was taken up.

     Senator Caskey moved that HCS for SB 170, as amended, be adopted, which motion prevailed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senator Klarich--1
Absent with leave--Senators--None

     On motion of Senator Caskey, HCS for SB 170, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderSimsSingleton
StaplesWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators
KlarichScott--2
Absent with leave--Senators--None

     The President declared the bill passed.

     The emergency clause was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senator Klarich--1
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 DePasco moved that motion lay on the table, which motion prevailed.

     Bill ordered enrolled.

     Senator DePasco moved that the Senate refuse to concur in HCS for SB 298, as amended, and request the House to recede from its position, or failing to do so, grant the Senate a conference thereon, which motion prevailed.

     Senator Quick moved that SB 303, with HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

     HCS for SB 303, as amended, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 303

     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.

     Was taken up.

     Senator Quick moved that HCS for SB 303, as amended, 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 Quick, HCS for SB 303, 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 declared the bill passed.

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

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

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

     Bill ordered enrolled.

     Senator Wiggins moved that SB 459, with HS, be taken up for 3rd reading and final passage, which motion prevailed.

     HS for SB 459, entitled:

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 459

     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.

     Was taken up.

     Senator Wiggins moved that HS for SB 459 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 Wiggins, HS for SB 459 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 declared the bill passed.

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

     Senator Wiggins 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.

REPORTS OF STANDING COMMITTEES

     Senator McKenna, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

     Mr. President: Your Committee on Guber-natorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

     Rosa L. Miller, as a member of Missouri Board for Respiratory Care;

     Also,

     Mark V. Kenney, as a member of the Community Service Commission;

     Also,

     Anne B. Schmidt, as a member of the Child Abuse and Neglect Review Board;

     Also,

     Joseph J. Mulvihill, as a member of the Kansas City Board of Police Commissioners;

     Also,

     Daniel R. Keller, as a member of the Tourism Commission;

     Also,

     Patricia A. Garney, as a member of the Missouri Women's Council;

     Also,

     Thomas M. Macdonnell, M.D., as a member of the State Board of Health;

     Also,

     Robert P. Neumann, as a member of the Missouri Historical Records Advisory Board;

     Also,

     Robert J. Gillihan, as a member of the Kansas City Area Transportation Authority;

     Also,

     Lisa M. Boone, as a member of the Missouri Emergency Response Commission;

     Also,

     Rosa L. Miller, as a member of the Advisory Council on Emergency Medical Service;

     Also,

     Albert A. Santoscoy, as a member of the Missouri Board for Barber Examiners;

     Also,

     Rose C. Brower and Nell M. Pollnow, as members of the Missouri Health Facilities Review Committee;

     Also,

     William E. Hickle and Roy C. Wilson, M.D., as members of the Missouri Head Injury Advisory Council;

     Also,

     James D. Jackson, as a member of the Missouri Planning Council for Developmental Disabilities;

     Also,

     Martin E. Harrington and Thomas P. Rackers, as members of the Missouri Development Finance Board;

     Also,

     Roddy J. Rogers, as a member of the Dam and Reservoir Safety Council.

     Senator McKenna requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

     Senator McKenna moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

SENATE BILLS FOR PERFECTION

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

     SS for SCS for SB 284 was again taken up.

     At the request of Senator McKenna, the above substitute bill was withdrawn.

     Senator McKenna offered SS No. 2 for SCS for SB 284, entitled:

SENATE SUBSTITUTE NO. 2 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 No. 2 for SCS for SB 284 be adopted, which motion prevailed.

     On motion of Senator McKenna, SS No. 2 for SCS for SB 284 was declared perfected and ordered printed.

PRIVILEGED MOTIONS

     Senator Caskey moved that HB 107, with SCS, be taken up for 3rd reading and final passage, which motion prevailed.

     Senator Caskey moved that the Senate recede from its position on SCS for HB 107, which motion prevailed.

     On motion of Senator Caskey, HB 107 was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonStaplesWestfallWiggins
Yeckel--33
Nays--Senators--None
Absent--Senator Lybyer--1
Absent with leave--Senators--None

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

HOUSE BILLS ON SECOND READING

     The following Bills were read the 2nd time and referred to the Committees indicated:

     HS for HB 513--Ways and Means.

     HB 578--Corrections and General Laws.

     HCS for HBs 641 and 593--Education.

     HCS for HB 697--Corrections and General Laws.

     HB 777--Civil and Criminal Jurisprudence.

HOUSE BILLS ON THIRD READING

     Senator Banks moved that SB 491, with SCS, SS for SCS, SA 1, SSA 1 for SA 1 and SA 14 to 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.

     Senator Staples assumed the Chair.

     Senator Klarich moved that SA 14 to SSA 1 for SA 1 be adopted and requested a roll call vote be taken. He was joined in his request by Senators Banks, Kenney, Rohrbach and Russell.

     President Pro Tem McKenna resumed the Chair.

     SA 14 to SSA 1 for SA 1 failed of adoption by the following vote:
Yeas--Senators
FlotronGravesKinderKlarich
MuellerRohrbachRussellSchneider
SimsSingletonWestfall--11
Nays--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
GoodeHouseHowardJacob
JohnsonKenneyLybyerMathewson
MaxwellMcKennaQuickScott
StaplesWigginsYeckel--23
Absent--Senators--None
Absent with leave--Senators--None

     Senator Ehlmann offered SA 15 to SSA 1 for SA 1:

SENATE AMENDMENT NO. 15 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 11, Section 1, Line 23 of said page, by inserting immediately after "1998" the following: ".

     9. Other provisions of law to the contrary notwithstanding, no public eligible institution of postsecondary education may increase tuition or fees for any undergraduate program for the current year, as compared to the previous year, by more than the annual increase in general price level, as defined in article X, section 17 of the Missouri constitution. No student shall claim, or have claimed on the student's behalf, a challenge scholarship for postsecondary credit hours earned at a private eligible institution of postsecondary education if that institution has increased tuition or fees for any undergraduate program for the current year, as compared to the previous year, by more than the annual increase in general price level, as defined in article X, section 17 of the Missouri constitution. The provisions of this subsection will expire on August 28, 2000.".

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

     Senator Mathewson moved that Part IV of SSA 1 for SA 1, as amended, be adopted and requested a roll call vote be taken. He was joined in his request by Senators Banks, Kenney, Rohrbach and Russell.

     Part IV of SSA 1 for SA 1, as amended, was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
CurlsDePascoEhlmannGoode
GravesHouseHowardJacob
JohnsonKenneyKinderLybyer
MathewsonMaxwellMcKennaQuick
ScottStaplesWestfallWiggins
Yeckel--25
Nays--Senators
ClayFlotronKlarichMueller
RohrbachRussellSchneiderSims
Singleton--9
Absent--Senators--None
Absent with leave--Senators--None

     Senator Wiggins offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 1, In the Title, Line 6 of said title, by inserting immediately after the word "section" the following: "and an effective date for certain sections"; and

     Further amend said bill and page, section A, line 4 of said page, by inserting immediately after said line the following:

     "143.111. The Missouri taxable income of a resident shall be his Missouri adjusted gross income less: (1) either[:] the Missouri standard deduction or the Missouri itemized deduction[,]; (2) the Missouri deduction for personal exemptions[,]; (3) the Missouri deduction for dependency exemptions[,]; (4) the deduction for federal income taxes provided in section 143.171[.]; and (5) the deduction for tuition or attendance fees and direct expenses including but not limited to book fees, necessary supplies and transportation costs provided in section 143.222.

     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, 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).

     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.

     5. For all tax years beginning on or after September 1, 1997, a corporate taxpayer shall be allowed a deduction for the amount the taxpayer has paid to others for any pupil or pupils in grades nine through twelve for tuition or attendance fees and direct expenses including but not limited to book fees, necessary supplies, and transportation costs for or on behalf of any pupil or pupils attending a secondary school situated in Missouri, wherein a resident of this state may legally fulfill the state's compulsory attendance laws, up to a maximum of two thousand five hundred dollars for any pupil.

     143.222. In addition to the amounts to be subtracted from his federal adjusted gross income to determine his Missouri adjusted gross income under the provisions of section 143.121, there shall be subtracted the amount the taxpayer has paid to others for any pupil or pupils in grades nine through twelve, for tuition or attendance fees and direct expenses including but not limited to book fees, necessary supplies, and transportation costs for or on behalf of any pupil or pupils attending a secondary school situated in Missouri, wherein a resident of this state may legally fulfill the state's compulsory attendance laws, up to a maximum of two thousand five hundred dollars for any pupil."; and

     Further amend said bill, page 4, section B, line 21 of said page, by inserting immediately after said line the following:

     "Section B. Sections 143.111 and 143.222 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 Wiggins moved that the above amendment be adopted.

     Senator Flotron offered SSA 1 for SA 2:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 2

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 4, Section 144.020, Line 9, by adding after said line the following:

     "143.111. The Missouri taxable income of a resident shall be his Missouri adjusted gross income less: (1) either[:] the Missouri standard deduction or the Missouri itemized deduction[,]; (2) the Missouri deduction for personal exemptions[,]; (3) the Missouri deduction for dependency exemptions[,]; (4) the deduction for federal income taxes provided in section 143.171[.]; and, (5) the deduction for tuition, attendance fees or school supplies provided in section 143.122.

     143.122. In addition to the amounts to be subtracted from his federal adjusted gross income to determine his Missouri adjusted gross income under the provisions of section 143.121, there shall be subtracted the amount the taxpayer has paid to others for each dependent in grades nine through twelve, for tuition, attendance fees, or school supplies for or on behalf of each dependent in attending a secondary school situated in Missouri, up to a maximum of two thousand five hundred dollars for each dependent."; and

     Further amend the title and enacting clause accordingly.

     Senator Flotron moved that the above substitute amendment be adopted.

     President Wilson assumed the Chair.

     President Pro Tem McKenna resumed the Chair.

     Senator Kinder requested a roll call vote be taken on the adoption of SSA 1 for SA 2 and was joined in his request by Senators Caskey, Ehlmann, Sims and Yeckel.

     Senator Ehlmann offered SA 1 to SSA 1 for SA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 2

     Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 2 to Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 1, Section 143.122, Line 4, by adding after the words "surplus", the words "or transportation costs".

     Senator Ehlmann moved that the above amendment be adopted.

     Senator Caskey raised the point of order that SA 1 to SSA 1 for SA 2 is out of order in that it is not a true perfecting amendment as it is substantive in nature and thus is in the third degree.

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

     Senator Ehlmann moved that SA 1 to SSA 1 for SA 2 be adopted, which motion prevailed on a standing division vote.

     Senator Singleton offered SPA 1 to SSA 1 for SA 2, which was read:

SENATE PERFECTING AMENDMENT NO. 1

TO SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 2

     Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 2 to Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 1, Section 143.122, Lines 3 and 5 of said section, by deleting the word "nine" and inserting "first" and delete further on line 10 the word "secondary" and inserting "elementary and secondary".

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

     Senator Flotron moved that SSA 1 for SA 2, as amended, be adopted, which motion prevailed by the following vote:
Yeas--Senators
ClayCurlsDePascoEhlmann
FlotronGoodeGravesKenney
KinderKlarichMcKennaRohrbach
SchneiderScottSimsSingleton
WigginsYeckel--18
Nays--Senators
BanksCaskeyChildersHouse
JacobJohnsonLybyerMathewson
MaxwellMuellerQuickRussell
Westfall--13
Absent--Senators
BentleyStaples--2
Absent with leave--Senator Howard--1

     Senator Flotron offered SA 3:

SENATE AMENDMENT NO. 3

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 4, Section 144.020, Line 9 of said page, by inserting immediately after all of said line the following:

     "144.030. 1. There is hereby specifically exempted from the provisions of sections 144.010 to 144.525 and from the computation of the tax levied, assessed or payable pursuant to sections 144.010 to 144.525 such retail sales as may be made in commerce between this state and any other state of the United States, or between this state and any foreign country, and any retail sale which the state of Missouri is prohibited from taxing pursuant to the Constitution or laws of the United States of America, and such retail sales of tangible personal property which the general assembly of the state of Missouri is prohibited from taxing or further taxing by the constitution of this state.

     2. There are also specifically exempted from the provisions of the local sales tax law as defined in section 32.085, RSMo, section 238.235, RSMo, and sections 144.010 to 144.525 and 144.600 to 144.745 and from the computation of the tax levied, assessed or payable pursuant to the local sales tax law as defined in section 32.085, RSMo, section 238.235, RSMo, and sections 144.010 to 144.525 and 144.600 to 144.745:

     (1) Motor fuel or special fuel subject to an excise tax of this state, unless all or part of such excise tax is refunded pursuant to section 142.584, RSMo; or upon the sale at retail of fuel to be consumed in manufacturing or creating gas, power, steam, electrical current or in furnishing water to be sold ultimately at retail; or feed for livestock or poultry which is to be used in the feeding of livestock or poultry to be sold ultimately in processed form or otherwise at retail; or grain to be converted into foodstuffs which are to be sold ultimately in processed form at retail; or seed, limestone or fertilizer which is to be used for seeding, liming or fertilizing crops which when harvested will be sold at retail or will be fed to livestock or poultry to be sold ultimately in processed form at retail; economic poisons registered pursuant to the provisions of the Missouri pesticide registration law (sections 281.220 to 281.310, RSMo) which are to be used in connection with the growth or production of crops, fruit trees or orchards applied before, during, or after planting, the crop of which when harvested will be sold at retail or will be converted into foodstuffs which are to be sold ultimately in processed form at retail;

     (2) Materials, manufactured goods, machinery and parts which when used in manufacturing, processing, compounding, mining, producing or fabricating become a component part or ingredient of the new personal property resulting from such manufacturing, processing, compounding, mining, producing or fabricating and which new personal property is intended to be sold ultimately for final use or consumption; and materials, including without limitation, gases and manufactured goods, including without limitation, sagging materials and firebrick, which are ultimately consumed in the manufacturing process by blending, reacting or interacting with or by becoming, in whole or in part, component parts or ingredients of steel products intended to be sold ultimately for final use or consumption;

     (3) Materials, replacement parts and equipment purchased for use directly upon, and for the repair and maintenance or manufacture of, motor vehicles, watercraft, railroad rolling stock or aircraft engaged as common carriers of persons or property;

     (4) Machinery and equipment, and the materials and supplies solely required for the installation or construction of such machinery and equipment, replacing and used for the same purposes or to produce a substantially similar product as the machinery and equipment, which is purchased for and used directly for manufacturing or fabricating a product which is intended to be sold ultimately for final use or consumption; and machinery and equipment, and the materials and supplies required solely for the operation, installation or construction of such machinery and equipment, purchased and used to establish new, or to replace or expand existing, material recovery processing plants in this state. For the purposes of this subdivision, a "material recovery processing plant" means a facility which converts recovered materials into a new product, or a different form which is used in producing a new product, and shall include a facility or equipment which is used exclusively for the collection of recovered materials for delivery to a material recovery processing plant but shall not include motor vehicles used on highways. For purposes of this section, the terms "motor vehicle" and "highway" shall have the same meaning pursuant to section 301.010, RSMo;

     (5) Machinery and equipment, and the materials and supplies solely required for the installation or construction of such machinery and equipment, purchased and used to establish new or to expand existing manufacturing, mining or fabricating plants in the state if such machinery and equipment is used directly in manufacturing, mining or fabricating a product which is intended to be sold ultimately for final use or consumption;

     (6) Tangible personal property which is used exclusively in the manufacturing, processing, modification or assembling of products sold to the United States government or to any agency of the United States government;

     (7) Animals or poultry used for breeding or feeding purposes;

     (8) Newsprint used in newspapers published for dissemination of news to the general public;

     (9) The rentals of films, records or any type of sound or picture transcriptions for public commercial display;

     (10) Pumping machinery and equipment used to propel products delivered by pipelines engaged as common carriers;

     (11) Railroad rolling stock for use in transporting persons or property in interstate commerce and motor vehicles licensed for a gross weight of twenty-four thousand pounds or more or trailers used by common carriers, as defined in section 390.020, RSMo, solely in the transportation of persons or property in interstate commerce;

     (12) Electrical energy used in the actual primary manufacture, processing, compounding, mining or producing of a product, or electrical energy used in the actual secondary processing or fabricating of the product, in facilities owned or leased by the taxpayer, if the total cost of electrical energy so used exceeds ten percent of the total cost of production, either primary or secondary, exclusive of the cost of electrical energy so used. For purposes of this subdivision, "processing" means any mode of treatment, act or series of acts performed upon materials to transform and reduce them to a different state or thing, including treatment necessary to maintain or preserve such processing by the producer at the production facility;

     (13) Anodes which are used or consumed in manufacturing, processing, compounding, mining, producing or fabricating and which have a useful life of less than one year;

     (14) Machinery, equipment, appliances and devices purchased or leased and used solely for the purpose of preventing, abating or monitoring air pollution, and materials and supplies solely required for the installation, construction or reconstruction of such machinery, equipment, appliances and devices, and so certified as such by the director of the department of natural resources, except that any action by the director pursuant to this subdivision may be appealed to the air conservation commission which may uphold or reverse such action;

     (15) Machinery, equipment, appliances and devices purchased or leased and used solely for the purpose of preventing, abating or monitoring water pollution, and materials and supplies solely required for the installation, construction or reconstruction of such machinery, equipment, appliances and devices, and so certified as such by the director of the department of natural resources, except that any action by the director pursuant to this subdivision may be appealed to the Missouri clean water commission which may uphold or reverse such action;

     (16) Tangible personal property purchased by a rural water district;

     (17) All amounts paid or charged for admission or participation or other fees paid by or other charges to individuals in or for any place of amusement, entertainment or recreation, games or athletic events, including museums, fairs, zoos and planetariums, owned or operated by a municipality or other political subdivision where all the proceeds derived therefrom benefit the municipality or other political subdivision and do not inure to any private person, firm, or corporation;

     (18) All sales of insulin and prosthetic or orthopedic devices as defined on January 1, 1980, by the federal medicare program pursuant to Title XVIII of the Social Security Act of 1965, including the items specified in section 1862(a)(12) of that act, and also specifically including hearing aids and hearing aid supplies and all sales of drugs which may be legally dispensed by a licensed pharmacist only upon a lawful prescription of a practitioner licensed to administer those items, including samples and materials used to manufacture samples which may be dispensed by a practitioner authorized to dispense such samples and all sales of medical oxygen;

     (19) All sales made by or to religious and charitable organizations and institutions in their religious, charitable or educational functions and activities and all sales made by or to all elementary and secondary schools operated at public expense in their educational functions and activities;

     (20) All sales of aircraft to common carriers for storage or for use in interstate commerce and all sales made by or to not for profit civic, social, service or fraternal organizations, including fraternal organizations which have been declared tax exempt organizations pursuant to section 501(c)(8) or (10) of the 1986 Internal Revenue Code, as amended, solely in their civic or charitable functions and activities and all sales made to eleemosynary and penal institutions and industries of the state, and all sales made to any private not for profit institution of higher education not otherwise excluded pursuant to subdivision (19) of this subsection or any institution of higher education supported by public funds, and all sales made to a state relief agency in the exercise of relief functions and activities;

     (21) All ticket sales made by benevolent, scientific and educational associations which are formed to foster, encourage, and promote progress and improvement in the science of agriculture and in the raising and breeding of animals, and by nonprofit summer theater organizations if such organizations are exempt from federal tax pursuant to the provisions of the Internal Revenue Code and all admission charges and entry fees to the Missouri state fair or any fair conducted by a county agricultural and mechanical society organized and operated pursuant to sections 262.290 to 262.530, RSMo;

     (22) All sales made to any private not for profit elementary or secondary school, all sales of feed additives, medications or vaccines administered to livestock or poultry in the production of food or fiber, all sales of pesticides used in the production of crops, livestock or poultry for food or fiber, all sales of bedding used in the production of livestock or poultry for food or fiber, all sales of propane or natural gas, electricity or diesel fuel used exclusively for drying agricultural crops, and all sales of farm machinery, other than airplanes, motor vehicles and trailers. As used in this subdivision, the term "feed additives" means tangible personal property which, when mixed with feed for livestock or poultry, is to be used in the feeding of livestock or poultry. As used in this subdivision, the term "farm machinery" means new or used farm tractors and such other new or used farm machinery and equipment and repair or replacement parts thereon and one-half of each purchaser's purchase of diesel fuel therefor which is:

     (a) Used exclusively for agricultural purposes;

     (b) Used on land owned or leased for the purpose of producing farm products; and

     (c) Used directly in producing farm products to be sold ultimately in processed form or otherwise at retail or in producing farm products to be fed to livestock or poultry to be sold ultimately in processed form at retail;

     (23) Except as otherwise provided in section 144.032, all sales of metered water service, electricity, electrical current, natural, artificial or propane gas, wood, coal or home heating oil for domestic use and in any city not within a county, all sales of metered or unmetered water service for domestic use;

     (a) "Domestic use" means that portion of metered water service, electricity, electrical current, natural, artificial or propane gas, wood, coal or home heating oil, and in any city not within a county, metered or unmetered water service, which an individual occupant of a residential premises uses for nonbusiness, noncommercial or nonindustrial purposes. Utility service through a single or master meter for residential apartments or condominiums, including service for common areas and facilities and vacant units, shall be deemed to be for domestic use. Each seller shall establish and maintain a system whereby individual purchases are determined as exempt or nonexempt;

     (b) Regulated utility sellers shall determine whether individual purchases are exempt or nonexempt based upon the seller's utility service rate classifications as contained in tariffs on file with and approved by the Missouri public service commission. Sales and purchases made pursuant to the rate classification "residential" and sales to and purchases made by or on behalf of the occupants of residential apartments or condominiums through a single or master meter, including service for common areas and facilities and vacant units, shall be considered as sales made for domestic use and such sales shall be exempt from sales tax. Sellers shall charge sales tax upon the entire amount of purchases classified as nondomestic use. The seller's utility service rate classification and the provision of service thereunder shall be conclusive as to whether or not the utility must charge sales tax;

     (c) Each person making domestic use purchases of services or property and who uses any portion of the services or property so purchased for a nondomestic use shall, by the fifteenth day of the fourth month following the year of purchase, and without assessment, notice or demand, file a return and pay sales tax on that portion of nondomestic purchases. Each person making nondomestic purchases of services or property and who uses any portion of the services or property so purchased for domestic use, and each person making domestic purchases on behalf of occupants of residential apartments or condominiums through a single or master meter, including service for common areas and facilities and vacant units, under a nonresidential utility service rate classification may, between the first day of the first month and the fifteenth day of the fourth month following the year of purchase, apply for credit or refund to the director of revenue and the director shall give credit or make refund for taxes paid on the domestic use portion of the purchase. The person making such purchases on behalf of occupants of residential apartments or condominiums shall have standing to apply to the director of revenue for such credit or refund;

     (24) All sales of handicraft items made by the seller or the seller's spouse if the seller or the seller's spouse is at least sixty-five years of age, and if the total gross proceeds from such sales do not constitute a majority of the annual gross income of the seller;

     (25) Excise taxes, collected on sales at retail, imposed by sections 4041, 4061, 4071, 4081, 4091, 4161, 4181, 4251, 4261 and 4271 of Title 26, United States Code. The director of revenue shall promulgate rules pursuant to chapter 536, RSMo, to eliminate all state and local sales taxes on such excise taxes;

     (26) Sales of fuel consumed or used in the operation of ships, barges, or waterborne vessels which are used primarily in or for the transportation of property or cargo, or the conveyance of persons for hire, on navigable rivers bordering on or located in part in this state, if such fuel is delivered by the seller to the purchaser's barge, ship, or waterborne vessel while it is afloat upon such river;

     (27) All sales made to an interstate compact agency created pursuant to sections 70.370 to 70.440, RSMo, or sections 238.010 to 238.100, RSMo, in the exercise of the functions and activities of such agency as provided pursuant to the compact;

     (28) Computers, computer software and computer security systems purchased for use by architectural or engineering firms headquartered in this state. For the purposes of this subdivision, "headquartered in this state" means the office for the administrative management of at least four integrated facilities operated by the taxpayer is located in the state of Missouri;

     (29) All livestock sales when either the seller is engaged in the growing, producing or feeding of such livestock, or the seller is engaged in the business of buying and selling, bartering or leasing of such livestock;

     (30) All sales of barges which are to be used primarily in the transportation of property or cargo on interstate waterways."; and

     Further amend the title and enacting clause accordingly.

     Senator Flotron moved that the above amendment be adopted.

     Senator Childers offered SA 1 to SA 3, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 3

     Amend Senate Amendment No. 3 to Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 8, Section 144.030, Line 1, by inserting after the word "thereon" on said line the words "posts, gates, panels, wire, and other fencing materials".

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

     Senator Wiggins assumed the Chair.

     SA 3 was again taken up.

     President Wilson resumed the Chair.

     Senator Flotron moved that SA 3 be adopted, which motion prevailed on a standing division vote.

     Senator Klarich offered SA 4:

SENATE AMENDMENT NO. 4

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 4, Line 19 by inserting immediately after said line the following:

     "144.030. 1. There is hereby specifically exempted from the provisions of sections 144.010 to 144.525 and from the computation of the tax levied, assessed or payable pursuant to sections 144.010 to 144.525 such retail sales as may be made in commerce between this state and any other state of the United States, or between this state and any foreign country, and any retail sale which the state of Missouri is prohibited from taxing pursuant to the Constitution or laws of the United States of America, and such retail sales of tangible personal property which the general assembly of the state of Missouri is prohibited from taxing or further taxing by the constitution of this state.

     2. There are also specifically exempted from the provisions of the local sales tax law as defined in section 32.085, RSMo, section 238.235, RSMo, and sections 144.010 to 144.525 and 144.600 to 144.745 and from the computation of the tax levied, assessed or payable pursuant to the local sales tax law as defined in section 32.085, RSMo, section 238.235, RSMo, and sections 144.010 to 144.525 and 144.600 to 144.745:

     (1) Motor fuel or special fuel subject to an excise tax of this state, unless all or part of such excise tax is refunded pursuant to section 142.584, RSMo; or upon the sale at retail of fuel to be consumed in manufacturing or creating gas, power, steam, electrical current or in furnishing water to be sold ultimately at retail; or feed for livestock or poultry which is to be used in the feeding of livestock or poultry to be sold ultimately in processed form or otherwise at retail; or grain to be converted into foodstuffs which are to be sold ultimately in processed form at retail; or seed, limestone or fertilizer which is to be used for seeding, liming or fertilizing crops which when harvested will be sold at retail or will be fed to livestock or poultry to be sold ultimately in processed form at retail; economic poisons registered pursuant to the provisions of the Missouri pesticide registration law (sections 281.220 to 281.310, RSMo) which are to be used in connection with the growth or production of crops, fruit trees or orchards applied before, during, or after planting, the crop of which when harvested will be sold at retail or will be converted into foodstuffs which are to be sold ultimately in processed form at retail;

     (2) Materials, manufactured goods, machinery and parts which when used in manufacturing, processing, compounding, mining, producing or fabricating become a component part or ingredient of the new personal property resulting from such manufacturing, processing, compounding, mining, producing or fabricating and which new personal property is intended to be sold ultimately for final use or consumption; and materials, including without limitation, gases and manufactured goods, including without limitation, slagging materials and firebrick, which are ultimately consumed in the manufacturing process by blending, reacting or interacting with or by becoming, in whole or in part, component parts or ingredients of steel products intended to be sold ultimately for final use or consumption;

     (3) Materials, replacement parts and equipment purchased for use directly upon, and for the repair and maintenance or manufacture of, motor vehicles, watercraft, railroad rolling stock or aircraft engaged as common carriers of persons or property;

     (4) Replacement machinery [and], equipment, and parts and the materials and supplies solely required for the installation or construction of such replacement machinery [and], equipment, [replacing and used for the same purposes or to produce a substantially similar product as the machinery and equipment, which is purchased for] and parts used in directly [for] manufacturing [or], fabricating or producing a product which is intended to be sold ultimately for final use or consumption; and machinery and equipment, and the materials and supplies required solely for the operation, installation or construction of such machinery and equipment, purchased and used to establish new, or to replace or expand existing, material recovery processing plants in this state. For the purposes of this subdivision, a "material recovery processing plant" means a facility which converts recovered materials into a new product, or a different form which is used in producing a new product, and shall include a facility or equipment which is used exclusively for the collection of recovered materials for delivery to a material recovery processing plant but shall not include motor vehicles used on highways. For purposes of this section, the terms "motor vehicle" and "highway" shall have the same meaning pursuant to section 301.010, RSMo;

     (5) Machinery [and], equipment, and parts and the materials and supplies solely required for the installation or construction of such machinery and equipment, purchased and used to establish new or to expand existing manufacturing, mining or fabricating plants in the state if such machinery and equipment is used directly in manufacturing, mining or fabricating a product which is intended to be sold ultimately for final use or consumption;

     (6) Tangible personal property which is used exclusively in the manufacturing, processing, modification or assembling of products sold to the United States government or to any agency of the United States government;

     (7) Animals or poultry used for breeding or feeding purposes;

     (8) Newsprint used in newspapers published for dissemination of news to the general public;

     (9) The rentals of films, records or any type of sound or picture transcriptions for public commercial display;

     (10) Pumping machinery and equipment used to propel products delivered by pipelines engaged as common carriers;

     (11) Railroad rolling stock for use in transporting persons or property in interstate commerce and motor vehicles licensed for a gross weight of twenty-four thousand pounds or more or trailers used by common carriers, as defined in section 390.020, RSMo, solely in the transportation of persons or property in interstate commerce;

     (12) Electrical energy used in the actual primary manufacture, processing, compounding, mining or producing of a product, or electrical energy used in the actual secondary processing or fabricating of the product, in facilities owned or leased by the taxpayer, if the total cost of electrical energy so used exceeds ten percent of the total cost of production, either primary or secondary, exclusive of the cost of electrical energy so used. For purposes of this subdivision, "processing" means any mode of treatment, act or series of acts performed upon materials to transform and reduce them to a different state or thing, including treatment necessary to maintain or preserve such processing by the producer at the production facility;

     (13) Anodes which are used or consumed in manufacturing, processing, compounding, mining, producing or fabricating and which have a useful life of less than one year;

     (14) Machinery, equipment, appliances and devices purchased or leased and used solely for the purpose of preventing, abating or monitoring air pollution, and materials and supplies solely required for the installation, construction or reconstruction of such machinery, equipment, appliances and devices, and so certified as such by the director of the department of natural resources, except that any action by the director pursuant to this subdivision may be appealed to the air conservation commission which may uphold or reverse such action;

     (15) Machinery, equipment, appliances and devices purchased or leased and used solely for the purpose of preventing, abating or monitoring water pollution, and materials and supplies solely required for the installation, construction or reconstruction of such machinery, equipment, appliances and devices, and so certified as such by the director of the department of natural resources, except that any action by the director pursuant to this subdivision may be appealed to the Missouri clean water commission which may uphold or reverse such action;

     (16) Tangible personal property purchased by a rural water district;

     (17) All amounts paid or charged for admission or participation or other fees paid by or other charges to individuals in or for any place of amusement, entertainment or recreation, games or athletic events, including museums, fairs, zoos and planetariums, owned or operated by a municipality or other political subdivision where all the proceeds derived therefrom benefit the municipality or other political subdivision and do not inure to any private person, firm, or corporation;

     (18) All sales of insulin and prosthetic or orthopedic devices as defined on January 1, 1980, by the federal medicare program pursuant to Title XVIII of the Social Security Act of 1965, including the items specified in section 1862(a)(12) of that act, and also specifically including hearing aids and hearing aid supplies and all sales of drugs which may be legally dispensed by a licensed pharmacist only upon a lawful prescription of a practitioner licensed to administer those items, including samples and materials used to manufacture samples which may be dispensed by a practitioner authorized to dispense such samples;

     (19) All sales made by or to religious and charitable organizations and institutions in their religious, charitable or educational functions and activities and all sales made by or to all elementary and secondary schools operated at public expense in their educational functions and activities;

     (20) All sales of aircraft to common carriers for storage or for use in interstate commerce and all sales made by or to not for profit civic, social, service or fraternal organizations, including fraternal organizations which have been declared tax exempt organizations pursuant to section 501(c)(8) or (10) of the 1986 Internal Revenue Code, as amended, solely in their civic or charitable functions and activities and all sales made to eleemosynary and penal institutions and industries of the state, and all sales made to any private not for profit institution of higher education not otherwise excluded pursuant to subdivision (19) of this subsection or any institution of higher education supported by public funds, and all sales made to a state relief agency in the exercise of relief functions and activities;

     (21) All ticket sales made by benevolent, scientific and educational associations which are formed to foster, encourage, and promote progress and improvement in the science of agriculture and in the raising and breeding of animals, and by nonprofit summer theater organizations if such organizations are exempt from federal tax pursuant to the provisions of the Internal Revenue Code and all admission charges and entry fees to the Missouri state fair or any fair conducted by a county agricultural and mechanical society organized and operated pursuant to sections 262.290 to 262.530, RSMo;

     (22) All sales made to any private not for profit elementary or secondary school, all sales of feed additives, medications or vaccines administered to livestock or poultry in the production of food or fiber, all sales of pesticides used in the production of crops, livestock or poultry for food or fiber, all sales of bedding used in the production of livestock or poultry for food or fiber, all sales of propane or natural gas, electricity or diesel fuel used exclusively for drying agricultural crops, and all sales of farm machinery, other than airplanes, motor vehicles and trailers. As used in this subdivision, the term "feed additives" means tangible personal property which, when mixed with feed for livestock or poultry, is to be used in the feeding of livestock or poultry. As used in this subdivision, the term "farm machinery" means new or used farm tractors and such other new or used farm machinery and equipment and repair or replacement parts thereon and one-half of each purchaser's purchase of diesel fuel therefor which is:

     (a) Used exclusively for agricultural purposes;

     (b) Used on land owned or leased for the purpose of producing farm products; and

     (c) Used directly in producing farm products to be sold ultimately in processed form or otherwise at retail or in producing farm products to be fed to livestock or poultry to be sold ultimately in processed form at retail;

     (23) Except as otherwise provided in section 144.032, all sales of metered water service, electricity, electrical current, natural, artificial or propane gas, wood, coal or home heating oil for domestic use and in any city not within a county, all sales of metered or unmetered water service for domestic use;

     (a) "Domestic use" means that portion of metered water service, electricity, electrical current, natural, artificial or propane gas, wood, coal or home heating oil, and in any city not within a county, metered or unmetered water service, which an individual occupant of a residential premises uses for nonbusiness, noncommercial or nonindustrial purposes. Utility service through a single or master meter for residential apartments or condominiums, including service for common areas and facilities and vacant units, shall be deemed to be for domestic use. Each seller shall establish and maintain a system whereby individual purchases are determined as exempt or nonexempt;

     (b) Regulated utility sellers shall determine whether individual purchases are exempt or nonexempt based upon the seller's utility service rate classifications as contained in tariffs on file with and approved by the Missouri public service commission. Sales and purchases made pursuant to the rate classification "residential" and sales to and purchases made by or on behalf of the occupants of residential apartments or condominiums through a single or master meter, including service for common areas and facilities and vacant units, shall be considered as sales made for domestic use and such sales shall be exempt from sales tax. Sellers shall charge sales tax upon the entire amount of purchases classified as nondomestic use. The seller's utility service rate classification and the provision of service thereunder shall be conclusive as to whether or not the utility must charge sales tax;

     (c) Each person making domestic use purchases of services or property and who uses any portion of the services or property so purchased for a nondomestic use shall, by the fifteenth day of the fourth month following the year of purchase, and without assessment, notice or demand, file a return and pay sales tax on that portion of nondomestic purchases. Each person making nondomestic purchases of services or property and who uses any portion of the services or property so purchased for domestic use, and each person making domestic purchases on behalf of occupants of residential apartments or condominiums through a single or master meter, including service for common areas and facilities and vacant units, under a nonresidential utility service rate classification may, between the first day of the first month and the fifteenth day of the fourth month following the year of purchase, apply for credit or refund to the director of revenue and the director shall give credit or make refund for taxes paid on the domestic use portion of the purchase. The person making such purchases on behalf of occupants of residential apartments or condominiums shall have standing to apply to the director of revenue for such credit or refund;

     (24) All sales of handicraft items made by the seller or the seller's spouse if the seller or the seller's spouse is at least sixty-five years of age, and if the total gross proceeds from such sales do not constitute a majority of the annual gross income of the seller;

     (25) Excise taxes, collected on sales at retail, imposed by sections 4041, 4061, 4071, 4081, 4091, 4161, 4181, 4251, 4261 and 4271 of Title 26, United States Code. The director of revenue shall promulgate rules pursuant to chapter 536, RSMo, to eliminate all state and local sales taxes on such excise taxes;

     (26) Sales of fuel consumed or used in the operation of ships, barges, or waterborne vessels which are used primarily in or for the transportation of property or cargo, or the conveyance of persons for hire, on navigable rivers bordering on or located in part in this state, if such fuel is delivered by the seller to the purchaser's barge, ship, or waterborne vessel while it is afloat upon such river;

     (27) All sales made to an interstate compact agency created pursuant to sections 70.370 to 70.440, RSMo, or sections 238.010 to 238.100, RSMo, in the exercise of the functions and activities of such agency as provided pursuant to the compact;

     (28) Computers, computer software and computer security systems purchased for use by architectural or engineering firms headquartered in this state. For the purposes of this subdivision, "headquartered in this state" means the office for the administrative management of at least four integrated facilities operated by the taxpayer is located in the state of Missouri;

     (29) All livestock sales when either the seller is engaged in the growing, producing or feeding of such livestock, or the seller is engaged in the business of buying and selling, bartering or leasing of such livestock;

     (30) All sales of barges which are to be used primarily in the transportation of property or cargo on interstate waterways."; and

     Further amend the title and enacting clause accordingly.

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

     Senator House offered SA 5:

SENATE AMENDMENT NO. 5

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 1, Section A, Line 4 by inserting immediately after said line the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     Further amend the title and enacting clause accordingly.

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

     Senator Schneider offered SA 6:

SENATE AMENDMENT NO. 6

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 4, Section 144.140, Line 19, by inserting after said line the following:

     "Section 2. The amount of any allowable challenge scholarship under Section 1 of this act shall be based upon the Missouri adjusted gross income for the preceding year for the student's household, or the parent's household if the student is reported as a dependent, and shall be determined by the following table:

If the claimant's Missouri The scholarship

adjusted gross income is: fraction shall be:

Under $40,000     . . . 100%

$40,001 to $60,000 . . . . 66 2/3%

Over $60,000      . . . . . .0%.";

and

     Further amend the title and enacting clause accordingly.

     Senator Schneider moved that the above amendment be adopted.

     Senator Flotron requested a roll call vote be taken on the adoption of SA 6 and was joined in his request by Senators Childers, Jacob, Rohrbach and Sims.

     SA 6 failed of adoption by the following vote:
Yeas--Senators
BentleyChildersFlotronGoode
JacobKinderKlarichLybyer
RohrbachRussellSchneiderSims
Westfall--13
Nays--Senators
BanksCaskeyClayDePasco
EhlmannGravesHouseKenney
MathewsonMaxwellMuellerQuick
ScottSingletonWigginsYeckel--16
Absent--Senators
CurlsJohnsonStaples--3
Absent with leave--Senators
HowardMcKenna--2

     Senator Singleton offered SA 7:

SENATE AMENDMENT NO. 7

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 4, Section 144.140, Line 19 of said page, by inserting immediately after said line the following:

     "Section 1. Any excess revenue which exists after the first full year of implementation of this act shall be refunded pursuant to the provisions of article X, section 18 of the Missouri constitution."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Rohrbach offered SA 8:

SENATE AMENDMENT NO. 8

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 4, Section 144.140, Line 19, by inserting immediately after said line the following:

     "Section 2. The actual amount of allowable challenge scholarship in Section 1 of this act shall be limited to the actual amount of money paid by the eligible claimant to an eligible institution of post-secondary education for tuition and fees."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Rohrbach offered SA 9:

SENATE AMENDMENT NO. 9

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 491, Page 4, Section 144.140, Line 19, by inserting immediately after said line the following:

     "Section 2. For purposes of Section 1 of this act, no corporation, partnership or other business entity shall qualify to claim a challenge scholarship on behalf of an eligible student."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Banks moved that SS for SCS for HB 491, as amended, be adopted, which motion prevailed.

     On motion of Senator Banks, SS for SCS for HB 491, as amended, was read the 3rd time and passed by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
JacobKenneyKinderKlarich
LybyerMathewsonMaxwellMueller
QuickRohrbachRussellSchneider
ScottSimsSingletonWestfall
WigginsYeckel--30
Nays--Senators--None
Absent--Senators
JohnsonStaples--2
Absent with leave--Senators
HowardMcKenna--2

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

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 15, entitled:

     An Act to appropriate money for capital improvement and other purposes for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, from the funds herein designated for the period beginning July 1, 1997, and ending June 30, 1999.

     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 16, entitled:

     An Act to appropriate money for capital improvement and economic development projects for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, from the funds designated herein.

     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 refuses to adopt SCS for HB 655, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon, and the conferees be allowed to exceed the differences.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 190, entitled:

     An Act relating to the licensing of certain health care professionals, with penalty provisions and with an effective date for certain provisions.

     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 336, entitled:

     An Act to amend chapter 431, RSMo, relating to construction indemnification agreements by adding thereto 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 HB 635, entitled:

     An Act relating to hepatitis B vaccinations for at-risk state employees.

     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 509, entitled:

     An Act to amend chapter 208, RSMo, relating to public assistance by adding thereto two new sections relating to temporary assistance for needy families.

     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 refuses to recede from its position on HCS for SCS for SB 316 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 refuses to recede from its position on HCS for SB 387 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 passed HS for HCS for SB 218, entitled:

     An Act to repeal sections 49.310, 67.582, 221.010, 221.111, 221.400, 221.405 and 221.410, RSMo 1994, and section 56.265, RSMo Supp. 1996, relating to jails, and to enact in lieu thereof fifteen new sections relating to the same subject, with penalty provisions.

     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 HS for HCS for SCS for SB 16, entitled:

     An Act to repeal sections 105.450, 105.461, 105.464, 105.470, 105.472, 105.491, 105.492, 105.498, 105.957, 105.959, 105.961, 105.963, 105.969, 115.646, 130.016, 130.021, 130.031, 130.032, 130.036, 130.038, 130.051, 130.053, 130.054 and 130.056, RSMo 1994, and sections 105.483, 105.487, 105.955, 130.011, 130.034, 130.037, 130.041, 130.046, 130.052, 130.057, 130.100, 130.130 and 130.140, RSMo Supp. 1996, relating to public officers, and to enact in lieu thereof forty-three new sections relating to campaign, ethics and lobbying reform.

     With House Amendments Nos. 1 and 2.

HOUSE AMENDMENT NO. 1

     Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 16, Page 28, Section 105.473, Line 9, by inserting immediately after the word "entertainment;" the word "honoraria;".

HOUSE AMENDMENT NO. 2

     Amend House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 16, Page 81, Section 105.963, Line 17, by inserting after all of said line the following: "7. If any candidate fails to file a campaign disclosure report in a timely manner and that candidate is assessed a late filing fee, the candidate, candidate committee treasurer or assistant treasurer may file an appeal of the assessment of the late filing fee with the commission. The commission may forgive the assessment of the late filing fee upon a showing of good cause. Such appeal shall be filed within ten days of the receipt of notice of the assessment of the late filing fee.".

     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 Speaker has appointed the following conferees to act with a like committee from the Senate on HCS for SB 387: Representatives: Smith, Hosmer, Parker, Gibbons, Akin.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HCS for SCS for SB 316: Representatives: Hoppe, Luetkenhaus, Reynolds, Ross, Lograsso.

     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 HCS for SB 19, entitled:

     An Act to repeal section 32.055, RSMo 1994, relating to motor vehicle records, and to enact in lieu thereof three new sections relating to the same subject, with an effective date.

     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 24.

     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 HCS for SB 142, entitled:

     An Act to repeal sections 115.575, 367.044, 367.045, 367.047, 367.048, 367.050, 477.087, 494.425, 528.010, 540.105 and 542.276, RSMo 1994, and sections 478.268 and 512.050, RSMo Supp. 1996, relating to court proceedings, and to enact in lieu thereof seventeen new sections relating to the same subject, with penalty provisions.

     With House Amendments Nos. 1, 2, 3, 4 and 5.

HOUSE AMENDMENT NO. 1

     Amend House Substitute for House Committee Substitute for Senate Bill No. 142, Page 19, Section 478.268, Lines 9 through 12 on said page, by deleting said lines.

HOUSE AMENDMENT NO. 2

     Amend House Substitute for House Committee Substitute for Senate Bill No. 142, Page 38, Section 1, Line 17 of said page, by striking the words "as costs" from said line and inserting in lieu thereof the words "and collected in the manner provided by sections 488.010 to 488.020, RSMo, a surcharge in"; and

     Further amend said bill, section and page, line 20 of said page, by inserting immediately after the word "cost." on said line the words: "No such surcharge shall be collected in any proceeding when court costs are to be paid by the state, county or municipality.".

HOUSE AMENDMENT NO. 3

     Amend House Substitute for House Committee Substitute for Senate Bill No. 142, Page 1, In the Title, Line 5, by inserting immediately after the word "sections" the number "211.181,"; and

     Further amend said bill, Page 1, In the Title, Line 7, by deleting the word "seventeen" and inserting in lieu thereof the word "eighteen"; and

     Further amend said bill, Page 1, Section A, Line 14, by inserting immediately after the word "sections" the number "211.181,"; and

     Further amend said bill, Page 1, Section A, Line 15, by deleting the word "seventeen" and inserting in lieu thereof the word "eighteen"; and

     Further amend said bill, Page 1, Section A, Line 16, by inserting immediately after the number "115.575," the number "211.181,"; and

     Further amend said bill, Page 2, Section 115.575, Line 9, by inserting after all of said line the following:

     "211.181. 1. When a child or person seventeen years of age is found by the court to come within the applicable provisions of subdivision (1) of subsection 1 of section 211.031, the court shall so decree and make a finding of fact upon which it exercises its jurisdiction over the child or person seventeen years of age, and the court may, by order duly entered, proceed as follows:

     (1) Place the child or person seventeen years of age under supervision in [his] the child's own home or in the custody of a relative or other suitable person own after the court or a public agency or institution designated by the court conducts an investigation of the home, relative or person and finds such home, relative or person to be suitable and upon such conditions as the court may require;

     (2) Commit the child or person seventeen years of age to the custody of:

     (a) A public agency or institution authorized by law to care for children or to place them in family homes; except that, such child or person seventeen years of age may not be committed to the department of social services, division of youth services;

     (b) Any other institution or agency which is authorized or licensed by law to care for children or to place them in family homes;

     (c) An association, school or institution willing to receive the child or person seventeen years of age in another state if the approval of the agency in that state which administers the laws relating to importation of children into the state has been secured; or

     (d) The juvenile officer;

     (3) Place the child or person seventeen years of age in a family home;

     (4) Cause the child or person seventeen years of age to be examined and treated by a physician, psychiatrist or psychologist and when the health or condition of the child or person seventeen years of age requires it, cause the child or person seventeen years of age to be placed in a public or private hospital, clinic or institution for treatment and care; except that, nothing contained herein authorizes any form of compulsory medical, surgical, or psychiatric treatment of a child or person seventeen years of age whose parents or guardian in good faith are providing other remedial treatment recognized or permitted [under] pursuant to the laws of this state.

     2. When a child is found by the court to come within the provisions of subdivision (2) of subsection 1 of section 211.031, the court shall so decree and upon making a finding of fact upon which it exercises its jurisdiction over the child, the court may, by order duly entered, proceed as follows:

     (1) Place the child under supervision in [his] the child's own home or in custody of a relative or other suitable person after the court or a public agency or institution designated by the court conducts an investigation of the home, relative or person and finds such home, relative or person to be suitable and upon such conditions as the court may require;

     (2) Commit the child to the custody of:

     (a) A public agency or institution authorized by law to care for children or place them in family homes; except that, a child may be committed to the department of social services, division of youth services, only if [he] the child is presently under the court's supervision after an adjudication [under] pursuant to the provisions of subdivision (2) or (3) of subsection 1 of section 211.031;

     (b) Any other institution or agency which is authorized or licensed by law to care for children or to place them in family homes;

     (c) An association, school or institution willing to receive [it] the child in another state if the approval of the agency in that state which administers the laws relating to importation of children into the state has been secured; or

     (d) The juvenile officer;

     (3) Place the child in a family home;

     (4) Cause the child to be examined and treated by a physician, psychiatrist or psychologist and when the health or condition of the child requires it, cause the child to be placed in a public or private hospital, clinic or institution for treatment and care; except that, nothing contained herein authorizes any form of compulsory medical, surgical, or psychiatric treatment of a child whose parents or guardian in good faith are providing other remedial treatment recognized or permitted [under] pursuant to the laws of this state;

     (5) Assess an amount of up to ten dollars to be paid by the child to the clerk of the court. Execution of any order entered by the court pursuant to this subsection, including a commitment to any state agency, may be suspended and the child placed on probation subject to such conditions as the court deems reasonable. After a hearing, probation may be revoked and the suspended order executed.

     3. When a child is found by the court to come within the provisions of subdivision (3) of subsection 1 of section 211.031, the court shall so decree and make a finding of fact upon which [it] the court exercises its jurisdiction over the child, and the court may, by order duly entered, proceed as follows:

     (1) Place the child under supervision in [his] the child's own home or in custody of a relative or other suitable person after the court or a public agency or institution designated by the court conducts an investigation of the home, relative or person and finds such home, relative or person to be suitable and upon such conditions as the court may require;

     (2) Commit the child to the custody of:

     (a) A public agency or institution authorized by law to care for children or to place them in family homes;

     (b) Any other institution or agency which is authorized or licensed by law to care for children or to place them in family homes;

     (c) An association, school or institution willing to receive [it] the child in another state if the approval of the agency in that state which administers the laws relating to importation of children into the state has been secured; or

     (d) The juvenile officer;

     (3) Beginning January 1, 1996, the court may make further directions as to placement with the division of youth services concerning the child's length of stay. The length of stay order may set forth a minimum review date;

     (4) Place the child in a family home;

     (5) Cause the child to be examined and treated by a physician, psychiatrist or psychologist and when the health or condition of the child requires it, cause the child to be placed in a public or private hospital, clinic or institution for treatment and care; except that, nothing contained herein authorizes any form of compulsory medical, surgical, or psychiatric treatment of a child whose parents or guardian in good faith are providing other remedial treatment recognized or permitted [under] pursuant to the laws of this state;

     (6) Suspend or revoke a state or local license or authority of a child to operate a motor vehicle;

     (7) Order the child to make restitution or reparation for the damage or loss caused by [his] such child's offense. In determining the amount or extent of the damage, the court may order the juvenile officer to prepare a report and may receive other evidence necessary for such determination. The child and [his] the child's attorney shall have access to any reports which may be prepared, and shall have the right to present evidence at any hearing held to ascertain the amount of damages. Any restitution or reparation ordered shall be reasonable in view of the child's ability to make payment or to perform the reparation. The court may require the clerk of the circuit court to act as receiving and disbursing agent for any payment ordered;

     (8) Order the child to a term of community service under the supervision of the court or of an organization selected by the court. Every person, organization, and agency, and each employee thereof, charged with the supervision of a child [under] pursuant to this subdivision, or who benefits from any services performed as a result of an order issued [under] pursuant to this subdivision, shall be immune from any suit by the child ordered to perform services [under] pursuant to this subdivision, or any person deriving a cause of action from such child, if such cause of action arises from the supervision of the child's performance of services [under] pursuant to this subdivision and if such cause of action does not arise from an intentional tort. A child ordered to perform services [under] pursuant to this subdivision shall not be deemed an employee within the meaning of the provisions of chapter 287, RSMo, nor shall the services of such child be deemed employment within the meaning of the provisions of chapter 288, RSMo. Execution of any order entered by the court, including a commitment to any state agency, may be suspended and the child placed on probation subject to such conditions as the court deems reasonable. After a hearing, probation may be revoked and the suspended order executed;

     (9) When a child has been adjudicated to have violated a municipal ordinance or to have committed an act that would be a misdemeanor if committed by an adult, assess an amount of up to twenty-five dollars to be paid by the child to the clerk of the court; when a child has been adjudicated to have committed an act that would be a felony if committed by an adult, assess an amount of up to fifty dollars to be paid by the child to the clerk of the court[.];

     (10) The imposition of any disposition pursuant to subdivision (3) of subsection 3 of this section may, in the court's discretion, be suspended upon such terms and conditions as the court deems just and proper. The records of any disposition, the imposition of which has been suspended, shall be closed records to the same extent as provided pursuant to section 610.105, RSMo, for a suspended imposition of sentence in a court of general jurisdiction.

     4. Beginning January 1, 1996, the court may set forth in the order of commitment the minimum period during which the child shall remain in the custody of the department of social services or any of its divisions. Beginning January 1, 1996, the department shall not discharge a child from the custody of the division of youth services before the child completes the length of stay determined by the court in the commitment order unless the committing court orders otherwise. The director of the division of youth services may at any time petition the court for a review of a child's length of stay commitment order, and the court may, upon a showing of good cause, order the early discharge of the child from the custody of the division of youth services. The department may discharge the child from the division of youth services without a further court order after the child completes the length of stay determined by the court or may retain the child for any period after the completion of the length of stay in accordance with the law.

     5. When custody of a child or person seventeen years of age is legally placed in the department of social services or any of its divisions, the department shall immediately submit its proposed treatment plan for such child or person seventeen years of age, as developed pursuant to subdivision (17) of subsection 1 of section 207.020, RSMo, to a professional evaluation team. Such a team shall be composed of a local juvenile officer, a representative of the department, a guardian ad litem, or court appointed special advocate, and where applicable, a school employee. The evaluation team shall develop a long-range permanency treatment plan for each child or person seventeen years of age within thirty days of the date upon which the department was awarded custody. The long-range treatment plan [will] shall include the following components:

     (1) Type of placement which will serve the best interest and special needs of a child or person seventeen years of age and provide the least restrictive setting;

     (2) Projected length of care needed by the child or person seventeen years of age and the projected cost for providing such care;

     (3) Services needed by the child or person seventeen years of age and [his] the child's or person's family to facilitate reunification and the projected cost of such services;

     (4) Certification from the division director or designee whether the placement and/or services recommended by the evaluation team are available.

The long-range permanency treatment plan shall be submitted to the court for consideration and approval prior to the court's final entry of a treatment order. In addition, a psychiatric or psychological evaluation shall be considered by the professional evaluation team and shall be submitted to the court for consideration for any child or person seventeen years of age who, in the discretion of the professional evaluation team, [could] may benefit from such an examination. The juvenile court judge may assess the cost of the examination to the family based on [their] the family's ability to pay.

     6. In ordering implementation of a permanency treatment plan, the judge shall not order treatment with a specific provider but may reasonably designate the scope and extent of the services to be provided by the department to the child or person seventeen years of age subject to certification by the director of the division or designee that a provider and/or funds are available.

     7. The department shall proceed to implement any long-range permanency plan within thirty days of its approval by the court. If the court fails to act upon a long-range permanency treatment plan within fifteen days of its submission by the professional evaluation team, then such plan shall be implemented by the department as if approved by the court and shall remain in effect until otherwise ordered by the court.

     8. The department may seek appellate review of any long-range permanency treatment plan [it] the department is required by court order or operation of law to implement.

     9. When an assessment has been imposed [under] pursuant to the provisions of subsection 2 or 3 of this section, the assessment shall be paid to the clerk of the court in the circuit where the assessment is imposed by court order, to be deposited in a fund established for the sole purpose of payment of judgments entered against children in accordance with section 211.185.".

HOUSE AMENDMENT NO. 4

     Amend House Substitute for House Committee Substitute for Senate Bill No. 142, Page 18, Section 478.268, Line 18, by inserting after the word "court" the following "and who may also serve in the family court";

     And further amend the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 5

     Amend House Substitute for House Committee Substitute for Senate Bill No. 142, Page 34, Section 542.276, Lines 10-11 of said page, by striking said lines and inserting in lieu thereof the following:

"duplicate search warrant. May I sign my name attesting that you have given your permission to issue this warrant?"; and

     Further amend said bill, page and section, line 14 of said page, by striking the words "beneath yours,"; and

     Further amend said bill and section, page 35, lines 2-3 of said page, by striking the words "to affix the judge's signature"; and

     Further amend said bill, page and section, lines 6-7 of said page, by striking the words "or the judge's signature authorizing a warrant"; and

     Further amend said bill and section, page 36, lines 9-10 of said page, by striking the words "authorize a peace officer to sign the judge's name on" and inserting in lieu thereof the word "issue".

     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 HS for SS for SB 367, entitled:

     An Act to repeal section 217.705, RSMo 1994, and sections 565.084 and 571.030, RSMo Supp. 1996, relating to probation and parole officers, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

     With House Amendments Nos. 1 and 2.

HOUSE AMENDMENT NO. 1

     Amend House Substitute for Senate Substitute for Senate Bill No. 367, Page 3, Section 217.710, Line 11, by inserting after the word "217.810." the following: "as authorized by policies and operating regulations of the department".

HOUSE AMENDMENT NO. 2

     Amend House Substitute for Senate Substitute for Senate Bill No. 367, Page 10, Section 571.030, Line 4, by adding immediately after said line, the following:

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

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

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

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

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

     In which the concurrence of the Senate is respectfully requested.

PRIVILEGED MOTIONS

     Senator Mathewson moved that the Senate refuse to concur in HS for HCS for SCS for SB 16, as amended, and requests 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 the Senate refuse to recede from its position on SCS for HB 655 and grant the House a conference thereon, which motion prevailed.

REPORTS OF STANDING COMMITTEES

     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 HCR 29, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred HCR 28, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Concurrent Resolution No. 28, Page 825 of the Senate Journal for Wednesday, April 23, 1997, Section Column 2, Lines 16, 18, 23, 29, 32 and 38 of said column, by striking the word "Amtrack" from said lines and inserting in lieu thereof the following: "Amtrak".

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred HCR 27, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred HCR 24, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred HCR 21, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass, with Senate Committee Amendments Nos. 1 and 2.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend House Concurrent Resolution No. 21, Page 811 of the Senate Journal for Tuesday, April 22, 1997, Column 1, Line 44 of said column, by inserting immediately after the word "Administration" the word "Committee"; and

     Further amend said Resolution, Page 811, Column 2, Line 17 of said column, by inserting immediately after the word "Administration" the word "Committee"; and

     Further amend said Resolution, Page 811, Column 2, Line 26 of said column, by inserting immediately after the word "Administration" the word "Committee".

SENATE COMMITTEE AMENDMENT NO. 2

     Amend House Concurrent Resolution No. 21, Page 811 of the Senate Journal for Thursday, April 22, 1997, Column 2, Line 19 of said column, by inserting immediately after all of said line the following:

     "BE IT FURTHER RESOLVED that an examination of space available within the Capitol be given first priority by the House Accounts, Operations and Finance Committee, the Senate Administration Committee and the Office of Administration; and".

     Also,

     Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCR 25, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

     Amend Senate Concurrent Resolution No. 25, Page 875 of the Senate Journal for Monday, April 28, 1997, Column 1, Line 18 of said column, by striking the word "seventeen" and inserting in lieu thereof the following: "thirteen"; and further amend line 28 of said column, by striking the word "five" and inserting in lieu thereof the following: "three".

RESOLUTIONS

     Senator Schneider offered Senate Resolution No. 767, regarding Christopher James Dick, St. Louis, which was adopted.

     Senator Mathewson offered Senate Resolution No. 768, regarding Dr. Thomas Russell Trail, Hamilton, which was adopted.

     Senator Rohrbach offered Senate Resolution No. 769, regarding Pearl Elizabeth Gentili, which was adopted.

     Senator DePasco offered Senate Resolution No. 770, regarding Kelly's Westport Inn, Kansas City, which was adopted.

     Senator Kenney offered Senate Resolution No. 771, regarding Brad Haines, Kansas City, which was adopted.

     Senator Kenney offered Senate Resolution No. 772, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Vernon Eastwood, Independence, which was adopted.

     Senator Childers offered Senate Resolution No. 773, regarding Doris Meyer, which was adopted.

     Senator Curls offered Senate Resolution No. 774, regarding the Mt. Pleasant Missionary Baptist Church, which was adopted.

     Senator Singleton offered Senate Resolution No. 775, regarding Stephanie Gockley, which was adopted.

     Senator Singleton offered Senate Resolution No. 776, regarding Bill and Fran Grigsby, Kansas City, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Caskey introduced to the Senate, Carolyn Kelsay, and her son, Michael, Urich; and Michael was made an honorary page.

     Senator Maxwell introduced to the Senate, the Physician of the Day, Dr. Stephen Halpin, Hannibal.

     Senator House introduced to the Senate, Mrs. Barb Brennecke, and nineteen fourth grade students from Augusta Elementary School, Augusta.

     Senator Banks introduced to the Senate, Ms. Wanda Metcalf, Mrs. Annie Green-Yaap, Ms. Angela Green, Ms. Mia Love, Ms. Darlene Murphy, and forty-one fifth grade students from Lowell School, St. Louis; and Shemika McClendon, Eric Walls, Dominic Robinson, Kiersten Burns and Shapree Shepard were made honorary pages.

     Senator Howard introduced to the Senate, Veera Salo, Vantaa, Finland; Csilla Szabo, Nagukanizsa, Hungary; and Carolyn Wood, Poplar Bluff; and Veera and Csilla were made honorary pages.

     Senator Graves introduced to the Senate, Dave and Darla McCoubrie, Jenny Buttman, and twenty-four sixth grade students from Chillicothe.

     Senator Bentley introduced to the Senate, Sarah Harkins, Sarah Watt, Kyle Stewart and Chris Marino, St. Agnes School, Springfield.

     Senator Kinder introduced to the Senate, ninety fourth grade students from Clippard Elementary School, Cape Girardeau.

     Senator Klarich introduced to the Senate, Claire Maguire, and students from Pond Elementary School, St. Louis.

     Senator Russell introduced to the Senate, Sherry Huffman, Lita Richardson, Joan Roberts, Rhonda Taylor, and seventy-two seventh grade students from Hartville.

     Senator Westfall introduced to the Senate, Cindy Stein, Springfield.

     Senator Westfall introduced to the Senate, Debbie Rice, and fourth grade students from Truman Elementary School, Nevada.

     Senator Mueller introduced to the Senate, twenty eighth grade students from St. Genevieve Dubois School, St. Louis; and Pat Knudsen, Scarlett Busch, Brendan Keaney and Jeff Anglim were made honorary pages.

     On motion of Senator Quick, the Senate adjourned until 2:00 p.m., Monday, May 5, 1997.