Journal of the Senate

SECOND REGULAR SESSION


FIFTIETH DAY--WEDNESDAY, APRIL 8, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, we are thankful for those who dedicate their lives to one kind of lifestyle; not one for home and another one in public, not one to be seen and another to be practiced. Help us to live a life that is acceptable in Your sight. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal of the previous day was read and approved.

The following Senators were present during the day's proceedings:
Present--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--34
Absent with leave--Senators--None

Senator Johnson assumed the Chair.

HOUSE BILLS ON SECOND READING

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

HB 1907--Public Health and Welfare.

HB1918--Civil and Criminal Jurisprudence.

HB 1928--Commerce and Environment.

HB1600--Agriculture, Conservation, Parks and Tourism.

HB 1102--Civil and Criminal Jurisprudence.

SENATE BILLS FOR PERFECTION

Senator Wiggins moved that SB 731, SB 714, SB 715, SB 513, SB 691, SB 857, SB 887, SB 516, SB 667, SB 491, SB 654, SB 590 and SB 873, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCS for SBs 731, 714, 715, 513, 691, 857, 887, 516, 667, 491, 654, 590 and 873, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 731, 714, 715, 513, 691, 857, 887, 516, 667, 491, 654, 590 and 873

An Act to repeal sections 143.111, 143.161, 143.171, 144.062, RSMo 1994, and sections 144.030 and 144.805, RSMo Supp. 1997, relating to taxation, and to enact in lieu thereof nine new sections relating to the same subject, with an effective date for certain sections.

Was taken up.

Senator Wiggins moved that SCS for SBs 731, 714, 715, 513, 691, 857, 887, 516, 667, 491, 654, 590 and 873 be adopted.

Senator Wiggins offered SS for SCS for SBs 731, 714, 715, 513, 691, 857, 887, 516, 667, 491, 654, 590 and 873, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 731, 714, 715, 513, 691, 857, 887, 516, 667, 491, 654, 590 and 873

An Act to repeal sections 143.111, 143.161, 143.171 and 144.062, RSMo 1994, and sections 144.030 and 144.805, RSMo Supp. 1997, relating to taxation, and to enact in lieu thereof ten new sections relating to the same subject, with an effective date for certain sections.

Senator Wiggins moved that SS for SCS for SBs 731, 714, 715, 513, 691, 857, 887, 516, 667, 491, 654, 590 and 873 be adopted.

Senator Staples assumed the Chair.

President Pro Tem McKenna assumed the Chair.

Senator Mathewson requested a division of the question on the adoption of SS for SCS for SBs 731, 714, 715, 513, 691, 857, 887, 516, 667, 491, 654, 590 and 873, asking that a vote first be taken on Part 1 dealing with Section 143.122, a second vote be taken on Part 2 dealing with Section 143.171.5 and that a third vote be taken on the remainder of the bill, which request was granted.

Senator Mathewson requested a roll call vote be taken on Part 1 and Part 2 and was joined in his request by Senators Banks, Childers, Flotron and Jacob.

Senator Clay assumed the Chair.

President Pro Tem McKenna assumed the Chair.

Senator Flotron offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 731, 714, 715, 513, 691, 857, 887, 516, 667, 491, 654, 590 and 873, Page 27, Section 144.805, Line 6 of said page, by inserting immediately after all of said line the following:

"147.010. 1. For the transitional year defined in subsection 4 of this section and each taxable year beginning on or after January 1, 1980, but before January 1, 1999, every corporation organized under or subject to chapter 351, RSMo, or under any other law of this state shall, in addition to all other fees and taxes now required or paid, pay an annual franchise tax to the state of Missouri equal to one-twentieth of one percent of the par value of its outstanding shares and surplus if its outstanding shares and surplus exceeds two hundred thousand dollars, or if the outstanding shares of such corporation or any part thereof consist of shares without par value, then, in that event, for the purpose herein contained, such shares shall be considered as having a value of five dollars per share unless the actual value of such shares should exceed five dollars per share, in which case the tax shall be levied and collected on the actual value and the surplus if the actual value and the surplus exceeds two hundred thousand dollars. If such corporation employs a part of its outstanding shares in business in another state or country, then such corporation shall pay an annual franchise tax equal to one-twentieth of one percent of its outstanding shares and surplus employed in this state if its outstanding shares and surplus employed in this state exceeds two hundred thousand dollars, and for the purposes of this chapter, such corporation shall be deemed to have employed in this state that proportion of its entire outstanding shares and surplus that its property and assets employed in this state bears to all its property and assets wherever located. A foreign corporation engaged in business in this state, whether under a certificate of authority issued under chapter 351, RSMo, or not, shall be subject to this section. Any corporation whose outstanding shares and surplus as calculated above does not exceed two hundred thousand dollars shall state that fact on a form prescribed by the secretary of state. For all taxable years beginning on or after January 1, 1999, the annual franchise tax shall be equal to one-twenty-fifth of one percent of the par value of the corporation's outstanding shares and surplus if the outstanding shares and surplus exceeds one million dollars. Any corporation whose outstanding shares and surplus does not exceed one million dollars shall state that fact on the prescribed form.

2. This law shall not apply to corporations not organized for profit, nor to corporations organized under the provisions of chapter 349, RSMo, nor to express companies, which now pay an annual tax on their gross receipts in this state, nor to insurance companies, which pay an annual tax on their premium receipts in this state, nor to electric and telephone corporations organized under chapters 351, RSMo, and 392, RSMo, prior to January 1, 1980, which have been declared tax exempt organizations under section 501(c) of the Internal Revenue Code of 1986, nor for taxable years beginning after December 31, 1986, to banking institutions subject to the annual franchise tax imposed by sections 148.010 to 148.110, RSMo; but bank deposits shall be considered as funds of the individual depositor left for safekeeping and shall not be considered in computing the amount of tax collectible under the provisions of this chapter.

3. A corporation's "taxable year" for purposes of this chapter shall be its taxable year as provided in section 143.271, RSMo.

4. A corporation's "transitional year" for the purposes of this chapter shall be its taxable year which includes parts of each of the years 1979 and 1980.

5. The franchise tax payable for a corporation's transitional year shall be computed by multiplying the amount otherwise due for that year by a fraction, the numerator of which is the number of months between January 1, 1980, and the end of the taxable year and the denominator of which is twelve. The franchise tax payable, if a corporation's taxable year is changed as provided in section 143.271, RSMo, shall be similarly computed under regulations prescribed by the secretary of state.

6. All franchise reports and franchise taxes shall be returned to the secretary of state who shall transfer such taxes to the director of revenue. All checks and drafts remitted for payment of franchise taxes shall be made payable to the director of revenue.

7. Section 32.057, RSMo, shall apply to the secretary of state as equally as it applies to the director of revenue and the secretary of state shall maintain the confidentiality of all franchise tax reports returned to him. Such reports, however, may be made available at any time to the director of revenue and the director of revenue will maintain their confidentiality."; and

Further amend the title and enacting clause accordingly.

Senator Flotron moved that the above amendment be adopted.

Senator Flotron offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 731, 714, 715, 513, 691, 857, 887, 516, 667, 491, 654, 590 and 873, Page 27, Section 144.805, Line 6 of said page, by inserting immediately after all of said line the following:

"147.010. 1. For the transitional year defined in subsection 4 of this section and each taxable year beginning on or after January 1, 1980, but before January 1, 2000, every corporation organized under or subject to chapter 351, RSMo, or under any other law of this state shall, in addition to all other fees and taxes now required or paid, pay an annual franchise tax to the state of Missouri equal to one-twentieth of one percent of the par value of its outstanding shares and surplus if its outstanding shares and surplus exceeds two hundred thousand dollars, or if the outstanding shares of such corporation or any part thereof consist of shares without par value, then, in that event, for the purpose herein contained, such shares shall be considered as having a value of five dollars per share unless the actual value of such shares should exceed five dollars per share, in which case the tax shall be levied and collected on the actual value and the surplus if the actual value and the surplus exceeds two hundred thousand dollars. If such corporation employs a part of its outstanding shares in business in another state or country, then such corporation shall pay an annual franchise tax equal to one-twentieth of one percent of its outstanding shares and surplus employed in this state if its outstanding shares and surplus employed in this state exceeds two hundred thousand dollars, and for the purposes of this chapter, such corporation shall be deemed to have employed in this state that proportion of its entire outstanding shares and surplus that its property and assets employed in this state bears to all its property and assets wherever located. A foreign corporation engaged in business in this state, whether under a certificate of authority issued under chapter 351, RSMo, or not, shall be subject to this section. Any corporation whose outstanding shares and surplus as calculated above does not exceed two hundred thousand dollars shall state that fact on a form prescribed by the secretary of state. For all taxable years beginning on or after January 1, 2000, the annual franchise tax shall be equal to one-twenty-fifth of one percent of the par value of the corporation's outstanding shares and surplus if the outstanding shares and surplus exceeds one million dollars. Any corporation whose outstanding shares and surplus does not exceed one million dollars shall state that fact on the prescribed form.

2. This law shall not apply to corporations not organized for profit, nor to corporations organized under the provisions of chapter 349, RSMo, nor to express companies, which now pay an annual tax on their gross receipts in this state, nor to insurance companies, which pay an annual tax on their premium receipts in this state, nor to electric and telephone corporations organized under chapters 351, RSMo, and 392, RSMo, prior to January 1, 1980, which have been declared tax exempt organizations under section 501(c) of the Internal Revenue Code of 1986, nor for taxable years beginning after December 31, 1986, to banking institutions subject to the annual franchise tax imposed by sections 148.010 to 148.110, RSMo; but bank deposits shall be considered as funds of the individual depositor left for safekeeping and shall not be considered in computing the amount of tax collectible under the provisions of this chapter.

3. A corporation's "taxable year" for purposes of this chapter shall be its taxable year as provided in section 143.271, RSMo.

4. A corporation's "transitional year" for the purposes of this chapter shall be its taxable year which includes parts of each of the years 1979 and 1980.

5. The franchise tax payable for a corporation's transitional year shall be computed by multiplying the amount otherwise due for that year by a fraction, the numerator of which is the number of months between January 1, 1980, and the end of the taxable year and the denominator of which is twelve. The franchise tax payable, if a corporation's taxable year is changed as provided in section 143.271, RSMo, shall be similarly computed under regulations prescribed by the secretary of state.

6. All franchise reports and franchise taxes shall be returned to the secretary of state who shall transfer such taxes to the director of revenue. All checks and drafts remitted for payment of franchise taxes shall be made payable to the director of revenue.

7. Section 32.057, RSMo, shall apply to the secretary of state as equally as it applies to the director of revenue and the secretary of state shall maintain the confidentiality of all franchise tax reports returned to him. Such reports, however, may be made available at any time to the director of revenue and the director of revenue will maintain their confidentiality."; and

Further amend the title and enacting clause accordingly.

Senator Flotron moved that the above substitute amendment be adopted.

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

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 731, 714, 715, 513, 691, 857, 887, 516, 667, 491, 654, 590 and 873, Page 4, Line 10, by adding the following at the end of said line: "Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 731, 714, 715, 513, 691, 857, 887, 516, 667, 491, 654, 590 and 873, Page 6, Section 143.843, by striking all of said section from the bill and amending the title and enacting clause accordingly.".

Senator Schneider moved that the above amendment be adopted.

At the request of Senator Wiggins, SB 731, SB 714, SB 715, SB 513, SB 691, SB 857, SB 887, SB 516, SB 667, SB 491, SB 654, SB 590 and SB 873, with SCS, SS for SCS, SA 1, SSA 1 for SA 1 and SA 1 to SSA 1 for SA 1 (pending), were placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, submitted the following reports:

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 898, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 931, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 1103, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 1107, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 1444, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 1239, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 1508, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 1586, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 1357, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SS for SCS for SB 651, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

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 HS for HCS for HBs 977 and 1608, entitled:

An Act to repeal sections 82.1025, 441.500, 441.510, 441.530, 441.550, 441.570, 441.580, 441.590, 441.610, 441.620, 441.630, 441.641, and 701.332, RSMo 1994, and section 441.520, RSMo Supp. 1997, relating to abatement of certain property, and to enact in lieu thereof fourteen new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for HBs 1441, 937 and 1795, entitled:

An Act to repeal sections 188.015, 188.035 and 188.075, RSMo 1994, relating to abortions, and to enact in lieu thereof three new sections relating to banning certain forms of infanticide, including infanticide by partial birth abortion, with penalty provisions.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

On motion of Senator Quick, the Senate recessed until 3:00 p.m.

RECESS

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

REPORTS OF STANDING COMMITTEES

Senator Scott, Chairman of the Committee on Corrections and General Laws, submitted the following reports:

Mr. President: Your Committee on Corrections and General Laws, to which was referred HB 1578, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Corrections and General Laws, to which was referred HB 996, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Corrections and General Laws, to which was referred HB 1705, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Howard, Chairman of the Committee on Aging, Families and Mental Health, submitted the following reports:

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HB 1556, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HB 1805, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HB 1274, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Senator Goode, Chairman of the Committee on Commerce and Environment, submitted the following report:

Mr. President: Your Committee on Commerce and Environment, to which was referred HB 1369, begs leave to report that it has considered the same and recommends that the bill do pass, with Senate Committee Amendment No. 1, and be placed on the Consent Calendar.

SENATE COMMITTEE AMENDMENT NO. 1

Amend House Bill No. 1369, Page 2, Section 250.819, Line 13, by inserting after all of said line the following:

"5. Nothing herein shall limit a party's right to seek recovery of damages or removal costs from the federal Oil Spill Liability Trust Fund.".



On behalf of Senator Caskey, Chairman of the Committee on Civil and Criminal Jurisprudence, Senator Scott submitted the following reports:

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 1528, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HB 1779, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Senator Maxwell, Chairman of the Committee on Financial and Governmental Organization, submitted the following reports:

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred HB 1228, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred HB 986, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred HB 1309, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred HB 1571, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

Also,

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred HB 1707, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.

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 HS for HCS for HB 1198, entitled:

An Act to repeal sections 375.022 and 376.1075, RSMo 1994, relating to insurance brokers, agents and administrators, and to enact in lieu thereof four new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for HB 971, entitled:

An Act to repeal section 211.393, RSMo Supp. 1997, relating to juvenile court personnel, 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.

Read 1st time.

REPORTS OF STANDING COMMITTEES

Senator Johnson, Chairman of the Committee on Agriculture, Conservation, Parks and Tourism, submitted the following report:

Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HB 1158, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.

SENATE BILLS FOR PERFECTION

Senator Wiggins moved that SB 731, SB 714, SB 715, SB 513, SB 691, SB 857, SB 887, SB 516, SB 667, SB 491, SB 654, SB 590 and SB 873, with SCS, SS for SCS, SA 1, SSA 1 for SA 1 and SA 1 to SSA 1 for SA 1 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

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

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

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

TO SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 731, 714, 715, 513, 691, 857, 887, 516, 667, 491, 654, 590 and 873, Page 4 of the amendment, Line 9 of said page, by inserting immediately after said line the following: "Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 731, 714, 715, 513, 691, 857, 887, 516, 667, 491, 654, 590 and 873, section 143.843, page 6, line 15 of said page, by deleting the word "fifty" as it appears on said line and inserting in lieu thereof the word "twenty-five".

Senator Flotron moved that the above substitute amendment be adopted.

Senator Ehlmann raised the point of order that SSA 1 for SA 1 to SSA 1 for SA 1 is out of order in that it is not a true substitute.

Senator Johnson assumed the Chair.

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

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

Senator Schneider requested a roll vote be taken on the adoption of SSA 1 for SA 1 to SSA 1 for SA 1 and was joined in his request by Senators Caskey, Childers, Maxwell and Russell.

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

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

At the request of Senator Flotron, SSA 1 for SA 1 and SA 1 were withdrawn.

Senator Jacob offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 731, 714, 715, 513, 691, 857, 887, 516, 667, 491, 654, 590 and 873, Page 3, Section 143.111, Lines 5-14 of said page, by striking all of said section from the bill; and

Further amend said bill, page 3, Section 143.122, lines 15-23 of said page, by striking all of said section from the bill; and

Further amend said bill, page 4, Section 143.161, line 4 of said page, by striking the word "eight" and inserting in lieu thereof the following: "nine"; and

Further amend said bill, pages 4-6, Section 143.171, by striking all of said section from the bill; and

Further amend the title and enacting clause accordingly.

Senator Jacob moved that the above amendment be adopted.

Senator Jacob offered SSA 1 for SA 2:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 731, 714, 715, 513, 691, 857, 887, 516, 667, 491, 654, 590 and 873, Page 3, Section 143.111, Lines 5-14 of said page, by striking all of said section from the bill; and

Further amend said bill, page 3, Section 143.122, lines 15-23 of said page, by striking all of said section from the bill; and

Further amend said bill, page 4, Section 143.161, line 4 of said page, by striking the words "eight hundred" and inserting in lieu thereof the following: "one thousand fifty"; and

Further amend said bill, pages 4-6, Section 143.171, by striking all of said section from the bill; and

Further amend the title and enacting clause accordingly.

Senator Jacob moved that the above substitute amendment be adopted.

Senator Lybyer raised the point of order that SA 2 and SSA 1 for SA 2 are out of order because a division of the question had been granted and the amendments touched two parts of the division.

Senator Staples assumed the Chair.

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

President Pro Tem McKenna assumed the Chair.

Senator Jacob 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 Senate Bills Nos. 731, 714, 715, 513, 691, 857, 887, 516, 667, 491, 654, 590 and 873, Page 1, Line 7, by deleting the words "one thousand fifty" and inserting in lieu thereof the words "twelve hundred".

Senator Jacob moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Kenney, Schneider, Ehlmann and Wiggins.

Senator Scott assumed the Chair.

President Pro Tem McKenna assumed the Chair.

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

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR 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 Senate Bills Nos. 731, 714, 715, 513, 691, 857, 887, 516, 667, 491, 654, 590 and 873, Page 1, Line 7, by striking the words "one thousand fifty" and inserting in lieu thereof the words "twelve hundred"; and

Further amend said amendment, line 9, by inserting immediately after said line the following:

"Further amend said bill, Page 6, Section 143.843, by deleting all of said section; and".

Senator Kenney moved that the above substitute amendment be adopted.

At the request of Senator Wiggins, SB 731, SB 714, SB 715, SB 513, SB 691, SB 857, SB 887, SB 516, SB 667, SB 491, SB 654, SB 590 and SB 873, with SCS, SS for SCS, SA 2, SSA 1 for SA 2, SA 1 to SSA 1 for SA 2 and SSA 1 for SA 1 to SSA 1 for SA 2 (pending), were placed on the Informal Calendar.

Senator Goode moved that SB 565, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 565, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 565

An Act to repeal sections 210.211, 210.245, 210.251, 210.252, 210.256, 210.516 and 610.120, RSMo 1994, and sections 43.540 and 210.221, RSMo Supp. 1997, relating to the care or supervision of children, and to enact in lieu thereof nineteen new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Goode moved that SCS for SB 565 be adopted.

Senator Goode offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 565, Page 8, Section 210.256, Lines 15-16, by striking the following: "or the rules promulgated by the department thereunder".

Senator Goode moved that the above amendment be adopted.

Senator Johnson assumed the Chair.

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

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 565, Page 8, Section 210.256, Line 12, by deleting the opening bracket on line 12 and deleting the closing bracket on line 13; and

Further amend said bill, same page and section, lines 13-16, by deleting all new language.

Senator Kenney moved that the above substitute amendment be adopted.

At the request of Senator Kenney, SSA 1 for SA 1 was withdrawn.

Senator Goode moved that SA 1 be adopted, which motion prevailed.

Senator Kenney offered SA 2, which was read:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bill No. 565, Page 8, Section 210.256, Line 13, by striking the word "or" and inserting in lieu thereof the words "and if a prosecutor has declined or fails to prosecute within thirty days of a request,".

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

Senator Quick assumed the Chair.

Senator Banks offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bill No. 565, Page 8, Section 210.301, Line 6, by striking the word "provider" and inserting in lieu thereof the following: "child care agency"; and further amend said line by striking the following: "section 43.540, RSMo" and inserting in lieu thereof the following: "this section"; and

Further amend said bill, Page 8, Section 210.301, Line 9, by striking the following: "mean providers as defined in section 43.540," and inserting in lieu thereof the following: "include any licensed day care home, or day care home registered by the division of family services, licensed day care center, licensed child placing agency, licensed residential care facility for children, licensed group home, licensed or registered foster family group home, licensed foster family home, or employment agency that refers a child care worker to parents or guardians as defined in section 289.005,"; and

Further amend said bill, Page 8, Section 210.301, Lines 15-16, by striking the following: "providers as defined in section 43.540," and inserting in lieu thereof the following: "any licensed day care home, or day care home registered by the division of family services, licensed day care center, licensed child placing agency, licensed residential care facility for children, licensed group home, licensed or registered foster family group home, licensed foster family home, or employment agency that refers a child care worker to parents or guardians as defined in section 289.005,".

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

Senator Johnson assumed the Chair.

Senator Sims offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Bill No. 565, Page 15, Section 610.120, Line 28, by inserting after said line the following:

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

(1) "Children", natural, adopted, stepchildren, foster children, or wards who are less than eighteen years of age;

(2) "Net expenditures", only those amounts paid or incurred for child care services or irrevocably contributed to a fund established exclusively to contract for child care services rendered pursuant to a written contract with a third party provider less any amounts received by the qualified taxpayer from any source for the provision of child care services;

(3) "Qualified taxpayer", an employer who makes expenditures pursuant to this section.

2. For taxable years commencing on or after January 1, 2000, a qualified taxpayer shall be allowed a credit against the tax imposed by chapter 143, RSMo, to the extent of ten percent of the net expenditures made directly or through a fund during a taxable year by the taxpayer in making available child care services to children of employees of the taxpayer. No credit shall be allowed for any amounts for which any other credit is claimed or allowed pursuant to chapter 143, RSMo, for the same net expenditures.

3. The tax credit allowed by this section shall be claimed by the taxpayer at the time such taxpayer files a return and shall be applied against the income tax liability imposed by chapter 143, RSMo, after all other credits provided by law have been applied. Where the amount of the credit exceeds the tax liability, the difference between the credit and the tax liability may be carried forward into a subsequent taxable year as otherwise provided by law.

4. No such credit shall be allowed:

(1) To an employer who fails to provide subsidized child care services on a sliding scale, based on need, to parents of at least twenty-five percent of the children served by the facility for which the credit is sought;

(2) To an employer who unfairly discriminates among the employer's employees on the basis of race, creed, religion or national origin as a factor in making available child care services, except that, it may give a preference to children of child care dependent employees in providing services qualifying for a credit pursuant to this section; or

(3) For services provided by a facility which is not licensed pursuant to the provisions of sections 210.201 to 210.245, RSMo, and subject to the regulations of the department of health governing child care facilities."; and

Further amend the title and enacting clause accordingly.

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

Senator Childers offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for Senate Bill No. 565, Page 14, Section 210.516, Line 12, by adding after the word "treatment," on said line the following: "children with behavioral problems assigned to such facility by a judge,".

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

Senator Goode moved that SCS for SB 565, as amended, be adopted, which motion prevailed.

On motion of Senator Goode, SCS for SB 565, as amended, was declared perfected and ordered printed.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for HB 1323, entitled:

An Act to repeal section 370.080, RSMo 1994, relating to membership of credit unions, and to enact in lieu thereof six new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

RESOLUTIONS

Senator Lybyer offered Senate Resolution No. 1558, regarding Mayor Wayne Hagedorn, Hermann, which was adopted.

Senator Rohrbach offered Senate Resolution No. 1559, regarding Missouri State Auditor, Margaret Blake Kelly, Jefferson City, which was adopted.

Senator Kenney offered Senate Resolution No. 1560, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Wilbur Cathcart, Independence, which was adopted.

Senator Kenney offered Senate Resolution No. 1561, regarding David L. LeFevre, Lee's Summit, which was adopted.

Senator Russell offered Senate Resolution No. 1562, regarding the Fordland High School Boys Basketball Team, which was adopted.

Senator Maxwell offered Senate Resolution No. 1563, regarding Marjory Klingenberg, Macon, which was adopted.

Senator Yeckel offered Senate Resolution No. 1564, regarding the National Association of Civilian Conservation Corps Alumni, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Klarich introduced to the Senate, Amy Wingate, Jefferson City; and Amy was made an honorary page.

Senator Bentley introduced to the Senate, General Fred Marty and Joe Turner, Springfield.

Senator Childers introduced to the Senate, Bill Johnson, Branson.

On behalf of Senator Caskey, the President introduced to the Senate, Phil and Jean Brillhart, Robert and Juline Norman, and Bob Evers, and his daughter, Alissa, Cass County; and Alissa was made an honorary page.

Senator Westfall introduced to the Senate, Tony Patton, Walker.

Senator Flotron introduced to the Senate, the Physician of the Day, Dr. Steve Smith, St. Louis.

Senator Singleton introduced to the Senate, Mr. and Mrs. Hal McGintey, and Brent, Neosho.

Senator Singleton introduced to the Senate, Ron Langford, Webb City; and Dr. Arch Gordanier, Seneca.

Senator Rohrbach introduced to the Senate, Joyce Bludria, and eighteen fourth grade students from St. Elizabeth R-IV School, St. Elizabeth.

Senator Caskey introduced to the Senate, John Van Gorkom, Pleasant Hill.

On behalf of Senator Mathewson, Senator Caskey introduced to the Senate, Bob Pottberg, Fort Osage.

Senator Caskey introduced to the Senate, Bill Taylor and Mike Holmes, Butler.

Senator Klarich introduced to the Senate, Fritzie and Nathan Smith, St. Louis.

Senator Mueller introduced to the Senate, one hundred twenty students, teachers, chaperones and the principal of North Glendale School, Kirkwood; and Sarah Huber, A.J. Harris, Peter Broeder, McKenna Pickett, Olivia Pener, Erik Heitz, Meagan McCadden, Annie Shih and Will Bartz were made honorary pages.

Senator Bentley introduced to the Senate, Jan Parmenter, Jennifer Osborne and Jamie Sechrist, Springfield.

Senator Schneider introduced to the Senate, Peggy Sharp, and students from St. Aloysius School, St. Louis; and Nikki Theros, Katie Larko, Charlotte Kayser and Gina Duke were made honorary pages.

Senator Russell introduced to the Senate, Amie and Adam Jackson, Lebanon; and Adam was made an honorary page.

Senator Johnson introduced to the Senate, twenty-six eighth grade students from North Andrew School District, Rosendale.

Senator Ehlmann introduced to the Senate, Kim Tooley, Lisa Wildschwartz, and forty-five fifth grade students from John Weldon Elementary School, St. Charles; and Brad Benson, Autumn Edwards, Meg Ferber and Cody Wade were made honorary pages.

Senator Wiggins introduced to the Senate, Vickie Wolgast, Cindy Jobes, Dan Hille, Steve Guenther, Missy Wilson, Karen Grover, Scott Corbin, Bill Porter, Carol Pope, Sharon Harmon, Corrine Josten, Myra Everette, John Wienstroer and Jullie Houston, Kansas City.

Senator Sims introduced to the Senate, Berkley Shauds, Nick Alexander and John Uhlmer, Kirkwood; and Berkley, Nick and John were made honorary pages.

Senator DePasco introduced to the Senate, Speaker Bobby L. Hogue, Arkansas.

Senator Kenney introduced to the Senate, Jeannette Ashby, and one hundred fourth grade students from Cordill-Mason Elementary School, Blue Springs; and Nicole Stetzler, Eric Wright, Brittany Rose, Paige Newgaard and Kelly Zeilstra

were made honorary pages.

Senator Bentley introduced to the Senate, Chrissy Henderson, Amy Jahn and Jamie Hunt, Springfield.

Senator Graves introduced to the Senate, Linda Pitzenberger, Gary Kelley, Earl Baker and Doug Reed, Maryville.

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