Journal of the Senate

SECOND REGULAR SESSION


SIXTY-FIRST DAY--WEDNESDAY, APRIL 29, 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 don't understand why it is so easy to hate and so difficult to truly love one another. We pray for Divine guidance as we deal with one another. Help us to be loving even when others aren't, to respect everyone even when they are disrespectful of us. In Jesus Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal 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
The Lieutenant Governor was present.

RESOLUTIONS

Senator Rohrbach offered Senate Resolution No. 1787, regarding James L. Rackers, Jefferson City, which was adopted.

CONCURRENT RESOLUTIONS

Senator Wiggins offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 43

BE IT RESOLVED by the Senate of the Eighty-ninth General Assembly, Second Regular Session, the House of Representatives concurring therein, that the Missouri Committee on Legislative Research shall prepare and cause to be collated, indexed, printed and bound all acts and resolutions of the Eighty-ninth General Assembly, Second Regular Session, and shall examine the printed copies and compare them with and correct the same by the original rolls, together with an attestation under the hand of the Revisor of Statutes that he has compared the same with the original rolls in his office and has corrected the same thereby; and

BE IT FURTHER RESOLVED that the size and quality of the paper and binding shall be substantially the same as used in prior session laws and the size and style of type shall be determined by the Revisor of Statutes; and

BE IT FURTHER RESOLVED that the Joint Committee on Legislative Research is authorized to print and bind copies of the acts and resolutions of the Eighty-ninth General Assembly, Second Regular Session, with appropriate indexing; and

BE IT FURTHER RESOLVED that the Revisor of Statutes is authorized to determine the number of copies to be printed.

Senator Wiggins requested unanimous consent of the Senate to suspend the rules and take SCR 43 up for adoption, which request was granted.

On motion of Senator Wiggins, SCR 43 was adopted by the following vote:

YEAS--Senators
Banks Caskey Childers DePasco
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Schneider Sims
Singleton Staples Westfall Wiggins
Yeckel--29
NAYS--Senators--None
Absent--Senators
Clay Curls Ehlmann Scott--4
Absent with leave--Senator Bentley--1

BILL REFERRALS

President Pro Tem McKenna referred HCS for HB 1167, with SCS, to the Committee on State Budget Control.

HOUSE BILLS ON THIRD READING

HB 1419, with SCA 1, introduced by Representatives Riback Wilson and Holand, entitled:

An Act to repeal section 210.030, RSMo 1994, relating to blood tests for pregnant women, and to enact in lieu thereof one new section relating to the same subject.

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

SCA 1 was taken up.

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

On motion of Senator Jacob, HB 1419, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Schneider--1
Absent with leave--Senator Bentley--1

The President Pro Tem declared the bill passed.

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

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

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

HB 898, introduced by Representative Heckemeyer, entitled:

An Act to repeal section 34.140, RSMo Supp. 1997, relating to certain state property, and to enact in lieu thereof one new section relating to the same subject.

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

On motion of Senator Staples, HB 898 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senator Kinder--1
Absent--Senators--None
Absent with leave--Senator Bentley--1

The President Pro Tem declared the bill passed.

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

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

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

HB 931, introduced by Representative Carter, entitled:

An Act to repeal section 542.301, RSMo 1994, relating to the disposition of evidence, and to enact in lieu thereof two new sections relating to the same subject.

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

On motion of Senator Banks, HB 931 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Curls
DePasco Ehlmann Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Schneider Sims Singleton Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Clay Scott Staples--3
Absent with leave--Senator Bentley--1

The President Pro Tem declared the bill passed.

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

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

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

HB 1103, introduced by Representative May (108th), entitled:

An Act relating to the construction of the durable power of attorney statutes.

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

On motion of Senator Caskey, HB 1103 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers 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--32
NAYS--Senators--None
Absent--Senator Clay--1
Absent with leave--Senator Bentley--1

The President Pro Tem declared the bill passed.

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

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

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

HB 1107, introduced by Representative May (108th), entitled:

An Act to amend chapter 456, RSMo, relating to trusts and estates of decedents and persons under disability by adding thereto one new section relating to compensation of trustees.

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

On motion of Senator Caskey, HB 1107 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Curls
DePasco Flotron Goode Graves
House Howard Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Clay Ehlmann Quick--3
Absent with leave--Senator Bentley--1

The President Pro Tem declared the bill passed.

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

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

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

HB 1508, introduced by Representative Relford, et al, entitled:

An Act to repeal section 558.019, RSMo 1994, relating to prior and persistent offenders, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

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

On motion of Senator Maxwell, HB 1508 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
Curls 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--32
NAYS--Senators--None
Absent--Senator DePasco--1
Absent with leave--Senator Bentley--1

The President Pro Tem declared the bill passed.

The emergency clause was adopted by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
Curls 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--32
NAYS--Senators--None
Absent--Senator DePasco--1
Absent with leave--Senator Bentley--1

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

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

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

HB 1779, with SCS, introduced by Representatives Riback Wilson and Clayton, entitled:

An Act to repeal section 566.030, RSMo 1994, relating to forcible rape, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

Was taken up by Senator Yeckel.

SCS for HB 1779, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1779

An Act to repeal sections 566.030 and 566.060, RSMo 1994, relating to crimes and punishment, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Yeckel moved that SCS for HB 1779 be adopted.

Senator Jacob offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Bill No. 1779, Page 2, Section 566.060, Line 13, by inserting immediately after said line the following:

"570.103. 1. As used in sections 570.103 and 570.105, the following words mean:

(1) "Counterfeit mark", any unauthorized reproduction or copy of intellectual property or intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property;

(2) "Intellectual property", any trademark, service mark, trade name, label, term, device, design, or word adopted or used by a person to identify such person's goods or services;

(3) "Retail value", the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.

2. Any person who willfully manufactures, uses, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute any item, or services, bearing or identified by a counterfeit mark, shall be guilty of the crime of counterfeiting. A person having possession, custody or control of more than twenty-five items bearing a counterfeit mark shall be presumed to possess said items with intent to sell or distribute.

3. Counterfeiting shall be a class A misdemeanor, except as provided in subsections 4 and 5 of this section.

4. Counterfeiting shall be a class D felony if:

(1) The defendant has previously been convicted under this section; or

(2) The violation involves more than one hundred but fewer than one thousand items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is more than one thousand dollars, but less than ten thousand dollars.

5. Counterfeiting shall be a class C felony if:

(1) The defendant has been previously convicted of two or more offenses under this section;

(2) The violation involves the manufacture or production of items bearing counterfeit marks; or

(3) The violation involves one thousand or more items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is more than ten thousand dollars.

6. For purposes of this section, the quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses.

7. Any person convicted of counterfeiting shall be fined an amount up to three times the retail value of the items bearing, or services identified by, a counterfeit mark, unless extenuating circumstances are shown by the defendant.

8. The remedies provided for herein shall be cumulative to the other civil remedies provided by law.

9. Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.

570.105. 1. Any items bearing a counterfeit mark, and all personal property, including but not limited to, any items, objects, tools, machines, equipment, instrumentalities or vehicles of any kind, employed or used in connection with a violation of section 570.103 or this section shall be seized by any law enforcement officer. All seized personal property shall be forfeited in accordance with section 513.600, et seq.

2. Upon the request of the intellectual property owner, all seized items bearing a counterfeit mark shall be released to the intellectual property owner for destruction or disposition. If the intellectual property owner does not request release of seized items bearing a counterfeit mark, such items shall be destroyed unless the intellectual property owner consents to another disposition."; and

Further amend the title and enacting clause accordingly.

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

Senator Yeckel moved that SCS for HB 1779, as amended, be adopted, which motion prevailed.

On motion of Senator Yeckel, SCS for HB 1779, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Scott Sims Singleton
Staples Westfall Wiggins Yeckel--32
NAYS--Senators--None
Absent--Senator Schneider--1
Absent with leave--Senator Bentley--1

The President Pro Tem declared the bill passed.

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

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

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

HB 1274 was placed on the Informal Calendar.

HB 1869, with SCS, was placed on the Informal Calendar.

HB 927, with SCS, introduced by Representative Hosmer, et al, entitled:

An Act to repeal section 36.150, RSMo 1994 and section 105.473, RSMo Supp. 1997, relating to certain political activities, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions.

Was taken up by Senator Maxwell.

SCS for HB 927, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 927

An Act to repeal section 36.150, RSMo 1994, and section 105.473, RSMo Supp. 1997, relating to certain political activities, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Maxwell moved that SCS for HB 927 be adopted.

Senator Maxwell offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Bill No. 927, Page 1, Section A, Line 3, by deleting the number "105.155, 105.156, 105.157, 105.158" and inserting in lieu thereof the following: "36.152, 36.155, 36.157, 36.159"; and

Further amend said bill, Page 2, Section 105.155, Line 1, by deleting all of said line and inserting in lieu thereof the following: "36.152. For the purposes of sections 36.152 to 36.159, the following terms"; and

Further amend said bill, Page 2, Section 105.156, Line 1, by deleting the number "105.156." and inserting in lieu thereof the number "36.155."; and

Further amend said bill, Page 3, Section 105.157, Line 1, by deleting the number "105.157." and inserting in lieu thereof the number "36.157."; and

Further amend said bill, Page 3, Section 105.158, Line 1, by deleting the number "105.158." and inserting in lieu thereof the number "36.159.".

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

President Wilson assumed the Chair.

Senator Johnson announced that photographers from the Associated Press had been given permission to take pictures in the Senate Chamber today.

President Pro Tem McKenna assumed the Chair.

Senator Flotron offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Bill No. 927, Page 6, Section 105.473, Line 107, by inserting immediately after said line the following:

"Section 1. No state agency and no state official shall, by agency policy, executive order, ethics codes or any other means, prohibit any state employee from communicating with his or her state representative or state senator, nor shall such agency or official require any such employee to provide any record or other information regarding any communications with his or her state representative or state senator, except when such communications are directly related to the primary employment duties of such employee."; and

Further amend the title and enacting clause accordingly.

Senator Flotron moved that the above amendment be adopted.

Senator Caskey offered SA 1 to SA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 2

Amend Senate Amendment No. 2 to Senate Committee Substitute for House Bill No. 927, Page 1, Section 1, Line 2, by inserting after "official" on said line: ", including the Joint Committee on Legislative Research and the Oversight Division".

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

SA 2, as amended, was again taken up.

At the request of Senator Maxwell, HB 927, with SCS and SA 2, as amended (pending), was placed on the Informal 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 adopted SCS for HB 1734 and has again taken up and passed SCS for HB 1734.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 1609 and has again taken up and passed HB 1609 as amended.

Emergency clause adopted.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 1730 and has again taken up and passed HB 1730 as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 1511 and has again taken up and passed HB 1511 as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1596 and has again taken up and passed SCS for HB 1596.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SCA 1 to HB 1410 and request the Senate to recede from its position or, failing to do so, grant the House a conference.

Senator Maxwell assumed the Chair.

HOUSE BILLS ON SECOND READING

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

HB 1258--Ways and Means.

RESOLUTIONS

Senator Ehlmann offered Senate Resolution No. 1788, regarding the St. Charles West High School Warriors Wrestling Team, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1789, regarding Mark Vollmar, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1790, regarding Gary Oxford, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1791, regarding John Lorenson, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1792, regarding Erin McGuire, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1793, regarding Shawn Belville, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1794, regarding Jake Newsham, St. Charles, which was adopted.

Senator Graves offered Senate Resolution No. 1795, regarding the Eightieth Birthday of Mrs. Roberta Rose (Dickinson) Dooley, Carrollton, which was adopted.

Senator Childers offered Senate Resolution No. 1796, regarding Kylie Oaks, Reeds Spring, which was adopted.

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

RECESS

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

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 1797, regarding the One Hundredth Birthday of Ms. Elizabeth Mohler, Warrensburg, which was adopted.

Senator Jacob offered Senate Resolution No. 1798, regarding Jeremy Estes, Columbia, which was adopted.

Senator Russell offered Senate Resolution No. 1799, regarding the Board of Directors of the Lake of the Ozarks Community Bridge Corporation, which was adopted.

Senator McKenna offered Senate Resolution No. 1800, regarding Adam Greminger, Festus, which was adopted.

Senator McKenna offered Senate Resolution No. 1801, regarding Mike Ravenscraft, Festus, which was adopted.

Senator Bentley offered Senate Resolution No. 1802, regarding Superintendent James K. Tice, Strafford R-VI School District, which was adopted.

HOUSE BILLS ON THIRD READING

Senator Maxwell moved that HB 927, with SCS and SA 2, as amended (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SA 2, as amended, was again taken up.

Senator Westfall offered SA 2 to SA 2:

SENATE AMENDMENT NO. 2 TO

SENATE AMENDMENT NO. 2

Amend Senate Amendment No. 2 to Senate Committee Substitute for House Bill No. 927, Page 1, Section 1, Line 5 of said amendment, by inserting immediately after the word "senator" the following: "while off duty, on annual leave or with permission of their supervisor".

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

SA 2, as amended, was again taken up.

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

Senator Flotron offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Bill No. 927, Page 3, Section 105.157, Line 3, by inserting after all of said line the following:

"(3) By utilizing any state resources or facilities;"; and

Further renumber the remaining subdivisions accordingly.

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

Senator Flotron offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Bill No. 927, Page 3, Section 105.158, Line 9, by adding immediately after the word "imprisonment." on said line the following: "Any person convicted of a violation of this section shall lose their position in the agency.".

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

Senator Flotron offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for House Bill No. 927, Page 2, Section 36.150, Line 23, by striking the opening bracket "[" ; and further amend line 29, by striking the closing bracket "]".

Senator Flotron moved that the above amendment be adopted.

Senator Maxwell requested a roll call vote be taken on the adoption of SA 5 and was joined in his request by Senators Caskey, Childers, Russell and Westfall.

Senator Johnson assumed the Chair.

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

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for House Bill No. 927, Page 2, Section 36.150, Lines 23 and 29, by striking the brackets and further amend said bill, line 25, by striking "or affairs".

Senator Flotron moved that the above substitute amendment be adopted.

Senator Maxwell requested a roll call vote be taken on the adoption of SSA 1 for SA 5 and was joined in his request by Senators Kinder, Caskey, Russell and Westfall.

The roll call vote was taken on SSA 1 for SA 5.

Senator Flotron requested verification of the roll.

Senator Ehlmann raised the point of order that a request had been made for verification of the roll and members were allowed to vote who were not present before the verification request.

Senator Staples raised a point of order that a request for verification is not allowed during the time the roll is being called.

Senator Maxwell raised the point of order that after a verification of the roll has been requested, members present in the Chamber should be allowed to vote.

President Pro Tem McKenna ruled that members present in the Chamber at the time of verification were eligible to vote. Members who were not present at the time the verification was requested would not be allowed to vote.

SSA 1 for SA 5 failed of adoption by the following vote:

YEAS--Senators
Bentley Childers Ehlmann Flotron
Graves Kenney Kinder Klarich
Mueller Rohrbach Russell Sims
Westfall Yeckel--14
NAYS--Senators
Banks Caskey Clay Curls
DePasco Goode House Howard
Jacob Johnson Lybyer Mathewson
Maxwell Staples Wiggins--15
Absent--Senators
McKenna Quick Schneider Scott
Singleton--5
Absent with leave--Senators--None

At the request of Senator Flotron, SA 5 was withdrawn.

Senator Flotron offered SA 6, which was read:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for House Bill No. 927, Page 3, Section 105.157, Line 2, by inserting after all of said line the following:

"(2) During normal working hours, regardless of whether the employee is on duty;"; and further renumber the remaining subdivisions accordingly.

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

Senator Maxwell offered SA 7, which was read:

SENATE AMENDMENT NO. 7

Amend Senate Committee Substitute for House Bill No. 927, Page 2, Section 105.155, Line 4, by striking the words "an appointive position" and inserting in lieu thereof the following: "a position subject to the provisions of chapter 36, RSMo"; and

Further amend said bill, page 3, section 105.156, line 7, by striking the following: ", except on a voluntary basis".

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

Senator Westfall offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Committee Substitute for House Bill No. 927, Page 2, Section 105.155, Line 7, by inserting after "RSMo" the following: ";

(4) "Political activity", any activity in support of or opposition to a political party, candidate, ballot measure, or committee as defined in section 103.011, RSMo. For the purposes of this act, political activity shall include the publishing, circulation or distribution of any printed matter as defined in subsection 8 of section 130.031; however, it shall not be construed to be a political activity to display a political sign on any private motor vehicle or at any private residence"; and

Further amend said bill, page 2, section 105.156, line 3, by striking the word "may" and inserting in lieu thereof the word "shall"; and

Further amend said bill, Page 3, Section 105.157, Line 1, by striking the word "may" and inserting in lieu thereof the word "shall"; and further amend line 5, by striking the word "or"; and further amend line 7, by inserting after "state" the following: ";

(5) When using any privately owned vehicle while receiving compensation for mileage by the state or any agency or instrumentality of the state".

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

Senator Westfall offered SA 9:

SENATE AMENDMENT NO. 9

Amend Senate Committee Substitute for House Bill No. 927, Page 1, Section A, Line 3, by inserting immediately after said line the following:

"36.030. 1. A system of personnel administration based on merit principles and designed to secure efficient administration is established for all offices, positions and employees, except attorneys, of the department of social services, the department of corrections, the department of health, the department of revenue, the department of natural resources, the department of mental health, the division of personnel and other divisions and units of the office of administration, the division of employment security, mine safety and on-site consultation sections of the division of labor standards and administration operations of the department of labor and industrial relations, the division of tourism and job development and training, the Missouri housing development commission, and the office of public counsel of the department of economic development, the Missouri state water patrol, the Missouri veterans commission, capitol police and state emergency management agency of the department of public safety, such other agencies as may be designated by law, and such other agencies as may be required to maintain personnel standards on a merit basis by federal law or regulations for grant-in-aid programs; except that, the following offices and positions of these agencies are not subject to this chapter and may be filled without regard to its provisions:

(1) Other provisions of the law notwithstanding, members of boards and commissions, departmental directors, five principal assistants designated by the departmental directors, division directors, and three principal assistants designated by each division director; except that, these exemptions shall not apply to the division of personnel;

(2) One principal assistant for each board or commission, the members of which are appointed by the governor or by a director of the department;

(3) Chaplains and attorneys regularly employed or appointed in any department or division subject to this chapter, except as provided in section 36.031;

(4) Persons employed in work assignments with a geographic location principally outside the state of Missouri and other persons whose employment is such that selection by competitive examination and standard classification and compensation practices are not practical under all the circumstances as determined by the board by rule;

(5) Patients or inmates in state charitable, penal and correctional institutions who may also be employees in the institutions;

(6) Persons employed in an internship capacity in a state department or institution as a part of their formal training, at a college, university, business, trade or other technical school; except that, by appropriate resolution of the governing authorities of any department or institution, the personnel division may be called upon to assist in selecting persons to be appointed to internship positions;

(7) The administrative head of each state medical, penal and correctional institution, as warranted by the size and complexity of the organization and as approved by the board;

(8) Deputies or other policymaking assistants to the exempt head of each division of service, as warranted by the size or complexity of the organization and in accordance with the rules promulgated by the personnel advisory board;

(9) Special assistants as designated by an appointing authority; except that, the number of such special assistants shall not exceed one percent of a department's total authorized full-time equivalent workforce;

(10) Merit status shall be retained by present incumbents of positions identified in this section which have previously been subject to this chapter.

2. All positions in the executive branch transferred to coverage pursuant to this chapter where incumbents of such positions have at least twelve months' prior service on the effective date of such transfer shall have incumbency preference and shall be permitted to retain their positions, provided they meet qualification standards acceptable to the division of personnel of the office of administration. An employee with less than twelve months of prior service on the effective date of such transfer or an employee who is appointed to such position after the effective date of such transfer and prior to the classification and allocation of the position by the division of personnel shall be permitted to retain his or her position, provided he or she meets acceptable qualification standards and subject to successful completion of a working test period which shall not exceed twelve months of total service in the position. After the allocation of any position to an established classification, such position shall thereafter be filled only in accordance with all provisions of this chapter.

3. The system of personnel administration governs the appointment, promotion, transfer, layoff, removal and discipline of employees and officers and other incidents of employment in divisions of service subject to this chapter, and all appointments and promotions to positions subject to this chapter shall be made on the basis of merit and fitness.

4. To encourage all state employees to improve the quality of state services, increase the efficiency of state work operations, and reduce the costs of state programs, the director of the division of personnel shall establish employee recognition programs, including a statewide employee suggestion system. The director shall determine reasonable rules and shall provide reasonable standards for determining the monetary awards, not to exceed five thousand dollars, under the employee suggestion system. Awards shall be made from funds appropriated for this purpose.

5. At the request of the senate or the house of representatives, the commissioner of administration shall submit a report on the employee suggestion award program described in subsection 4 of this section."; and

Further amend the title and enacting clause accordingly.

Senator Westfall moved that the above amendment be adopted.

Senator Mathewson assumed the Chair.

Senator Ehlmann offered SA 1 to SA 9, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 9

Amend Senate Amendment No. 9 to Senate Committee Substitute for House Bill No. 927, Page 5, Section 36.030, Line 7, by adding the following: "any changes to section 36.030 RSMo contained in this act will become effective on January 1, 2001.".

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

SA 9, as amended, was again taken up.

Senator Westfall moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Klarich, Childers, Ehlmann and Yeckel.

SA 9, as amended, failed of adoption by the following vote:

YEAS--Senators
Bentley Childers Ehlmann Flotron
Graves Kenney Kinder Klarich
Mueller Rohrbach Russell Sims
Singleton Westfall Wiggins Yeckel--16
NAYS--Senators
Caskey Clay Curls DePasco
Goode House Howard Jacob
Johnson Lybyer Mathewson Maxwell
McKenna Quick Scott Staples--16
Absent--Senators
Banks Schneider--2
Absent with leave--Senators--None

Senator Kinder offered SA 10:

SENATE AMENDMENT NO. 10

Amend Senate Committee Substitute for House Bill No. 927, Page 3, Section 105.155, Line 9, by deleting the word "; or" and adding the following: "unless he or she takes a leave of absence at least sixty days prior to the election"; and

Further amend said bill, page 2, section 105.155, line 5, by adding the following "or any public higher education institution located in the State of Missouri.".

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

Senator Childers offered SA 11, which was read:

SENATE AMENDMENT NO. 11

Amend Senate Committee Substitute for House Bill No. 927, Page 3, Section 105.158, Line 9, by adding after the period on said line the following: "Any person who makes a false accusation against another individual concerning an action punishable under this section shall be subject to the same penalty as would apply to the person subject to the false accusation.".

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

Senator Childers offered SA 12, which was read:

SENATE AMENDMENT NO. 12

Amend Senate Committee Substitute for House Bill No. 927, Page 3, Section 105.158, Line 5, by inserting behind the period on line 5 the words: "No employee of this state shall discriminate against, discipline, or otherwise create a preference for or against any employee subject to such persons authority as a consequence of such employee's political belief or expression of such belief.".

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

Senator Flotron offered SA 13, which was read:

SENATE AMENDMENT NO. 13

Amend Senate Committee Substitute for House Bill No. 927, Page 2, Section 105.156, Line 5, by striking the following: "or affecting".

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

Senator Ehlmann offered SA 14:

SENATE AMENDMENT NO. 14

Amend Senate Committee Substitute for House Bill No. 927, Page 6, Section 105.473, Line 107, by inserting immediately after said line the following:

"13. Each lobbyist or lobbyist principal shall disclose the amount of compensation received in the preceding calendar year for his or her lobbying activities in the state of Missouri, from any one client. Such disclosure shall be filed with the Missouri ethics commission no later than March fifteenth of each year and shall include disclosure of compensation for all lobbying activities in the previous calendar year.".

Senator Ehlmann moved that the above amendment be adopted.

Senator Ehlmann offered SSA 1 for SA 14:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 14

Amend Senate Committee Substitute for House Bill No. 927, Page 6, Section 105.473, Line 107, by inserting immediately after said line the following:

"13. Each lobbyist or lobbyist principal shall disclose the amount of compensation received from a client in the preceding calendar year for his or her lobbying activities if the sum of the compensation received from a client for lobbying activities exceeds twenty-seven thousand five hundred eighty dollars. Compensation for other activities, including lobbying activities in areas other than state government, shall not be used in determining the total amount of compensation. Such disclosure shall be filed with the Missouri ethics commission no later than March fifteenth of each year and shall include disclosure of compensation as provided in this section.".

Senator Ehlmann moved that the above substitute amendment be adopted.

Senator Ehlmann offered SA 1 to SSA 1 for SA 14:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 14

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 14 to Senate Committee Substitute for House Bill No. 927, Page 1, Line 6, by deleting the words: "twenty-seven thousand five hundred eighty" and insert the words: "one hundred thousand dollars".

Senator Ehlmann moved that the above amendment be adopted.

Senator Ehlmann offered SSA 1 for SA 1 to SSA 1 for SA 14:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 14

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 14 to Senate Committee Substitute for House Bill No. 927, Page 1, Section 105.473, Lines 2-4, by deleting said lines and inserting the following: "13. If the sum of"; and

Further amend said page, line 6, by deleting said line and inserting the following: "exceeds one hundred thousand dollars in the previous calendar year for his or her lobbying activities in the State of Missouri, each lobbyist or lobbyist principal shall disclose that fact.".

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

Senator Johnson assumed the Chair.

SSA 1 for SA 1 to SSA 1 for SA 14 failed of adoption by the following vote:

YEAS--Senators
Childers Ehlmann Flotron Graves
Kenney Kinder Klarich Rohrbach
Russell Singleton Westfall--11
NAYS--Senators
Banks Bentley Caskey Curls
DePasco Goode House Howard
Jacob Johnson Lybyer Mathewson
Maxwell McKenna Mueller Quick
Schneider Scott Sims Wiggins
Yeckel--21
Absent--Senators
Clay Staples--2
Absent with leave--Senators--None

At the request of Senator Ehlmann, SA 1 to SSA 1 for SA 14, SSA 1 for SA 14 and SA 14 were withdrawn.

Senator Rohrbach offered SA 15:

SENATE AMENDMENT NO. 15

Amend Senate Committee Substitute for House Bill No. 927, Page 3, Section 105.158, Line 9, by inserting immediately after said line the following:

"105.470. [As used in section 105.473, unless the context requires otherwise,] Unless otherwise defined in this chapter, the following words and terms mean:

(1) "Executive lobbyist", any natural person who acts for the purpose of attempting to influence any action by the executive branch of government or by any elected or appointed official, employee, department, division, agency or board or commission thereof and in connection with such activity, meets the requirements of any one or more of the following:

(a) Is acting in the ordinary course of employment on behalf of or for the benefit of such person's employer; or

(b) Is engaged for pay or for any valuable consideration for the purpose of performing such activity; or

(c) Is designated to act as a lobbyist by any person, business entity, governmental entity, religious organization, nonprofit corporation, association or other entity; or

(d) Makes total expenditures of fifty dollars or more during the twelve-month period beginning January first and ending December thirty-first for the benefit of one or more public officials or one or more employees of the executive branch of state government in connection with such activity. An "executive lobbyist" shall not include a member of the general assembly, an elected state official, or any other person solely due to such person's participation in any of the following activities:

a. Appearing or inquiring in regard to a complaint, citation, summons, adversary proceeding, or contested case before a state board, commission, department, division or agency of the executive branch of government or any elected or appointed officer or employee thereof;

b. Preparing, filing or inquiring, or responding to any audit, regarding any tax return, any public document, permit or contract, any application for any permit or license or certificate, or any document required or requested to be filed with the state or a political subdivision;

c. Selling of goods or services to be paid for by public funds, provided that such person is attempting to influence only the person authorized to authorize or enter into a contract to purchase the goods or services being offered for sale;

d. Participating in public hearings or public proceedings on rules, grants, or other matters;

e. Responding to any request for information made by any public official or employee of the executive branch of government;

f. Preparing or publication of an editorial, a newsletter, newspaper, magazine, radio or television broadcast, or similar news medium, whether print or electronic;

g. Acting within the scope of employment by the general assembly, or acting within the scope of employment by the executive branch of government when acting with respect to the department, division, board, commission, agency or elected state officer by which such person is employed, or with respect to any duty or authority imposed by law to perform any action in conjunction with any other public official or state employee; or

h. Testifying as a witness before a state board, commission or agency of the executive branch;

(2) "Expenditure", any payment made or charge, expense, cost, debt or bill incurred; any gift[, honorarium] or item of value bestowed including any food or beverage; any price, charge or fee which is waived, forgiven, reduced or indefinitely delayed; any loan or debt which is canceled, reduced or otherwise forgiven; the transfer of any item with a reasonably discernible cost or fair market value from one person to another or provision of any service or granting of any opportunity for which a charge is customarily made, without charge or for a reduced charge; except that the term "expenditure" shall not include the following:

(a) Any item, service or thing of value transferred to any person within the third degree of consanguinity of the transferor which is unrelated to any activity of the transferor as a lobbyist;

(b) Informational material such as books, reports, pamphlets, calendars or periodicals informing a public official regarding such person's official duties, or souvenirs or mementos valued at less than ten dollars;

(c) Contributions to the public official's campaign committee or candidate committee which are reported pursuant to the provisions of chapter 130, RSMo;

(d) Any loan made or other credit accommodations granted or other payments made by any person or entity which extends credit or makes loan accommodations or such payments in the regular ordinary scope and course of business, provided that such are extended, made or granted in the ordinary course of such person's or entity's business to persons who are not public officials;

(e) Any item, service or thing of de minimis value offered to the general public, whether or not the recipient is a public official or a staff member, employee, spouse or dependent child of a public official, and only if the grant of the item, service or thing of de minimis value is not motivated in any way by the recipient's status as a public official or staff member, employee, spouse or dependent child of a public official;

(f) The transfer of any item, provision of any service or granting of any opportunity with a reasonably discernible cost or fair market value when such item, service or opportunity is necessary for a public official or employee to perform his or her duty in his or her official capacity, including but not limited to entrance fees to any sporting event, museum, or other venue when the official or employee is participating in a ceremony, public presentation or official meeting therein;

(g) Any payment, gift, compensation, fee, expenditure or anything of value which is bestowed upon or given to any public official or a staff member, employee, spouse or dependent child of a public official when it is compensation for employment or given as an employment benefit and when such employment is in addition to their employment as a public official;

(3) "Honorarium", includes any payment of money or anything of value for an appearance, speech, article or any other purpose which does not constitute compensation or a fee for services rendered; honorarium does not include any actual and necessary expenses incurred in making an appearance or speech or in writing an article or article of nominal value;

[(3)] (4) "Judicial lobbyist", any natural person who acts for the purpose of attempting to influence any purchasing decision by the judicial branch of government or by any elected or appointed official or any employee thereof and in connection with such activity, meets the requirements of any one or more of the following:

(a) Is acting in the ordinary course of employment which primary purpose is to influence the judiciary in its purchasing decisions on a regular basis on behalf of or for the benefit of such person's employer, except that this shall not apply to any person who engages in lobbying on an occasional basis only and not as a regular pattern of conduct; or

(b) Is engaged for pay or for any valuable consideration for the purpose of performing such activity; or

(c) Is designated to act as a lobbyist by any person, business entity, governmental entity, religious organization, nonprofit corporation or association; or

(d) Makes total expenditures of fifty dollars or more during the twelve-month period beginning January first and ending December thirty-first for the benefit of one or more public officials or one or more employees of the judicial branch of state government in connection with attempting to influence such purchasing decisions by the judiciary. A "judicial lobbyist" shall not include a member of the general assembly, an elected state official, or any other person solely due to such person's participation in any of the following activities:

a. Appearing or inquiring in regard to a complaint, citation, summons, adversary proceeding, or contested case before a state court;

b. Participating in public hearings or public proceedings on rules, grants, or other matters;

c. Responding to any request for information made by any judge or employee of the judicial branch of government;

d. Preparing, distributing or publication of an editorial, a newsletter, newspaper, magazine, radio or television broadcast, or similar news medium, whether print or electronic; or

e. Acting within the scope of employment by the general assembly, or acting within the scope of employment by the executive branch of government when acting with respect to the department, division, board, commission, agency or elected state officer by which such person is employed, or with respect to any duty or authority imposed by law to perform any action in conjunction with any other public official or state employee;

[(4)] (5) "Legislative lobbyist", any natural person who acts for the purpose of attempting to influence the taking, passage, amendment, delay or defeat of any official action on any bill, resolution, amendment, nomination, appointment, report or any other action or any other matter pending or proposed in a legislative committee in either house of the general assembly, or in any matter which may be the subject of action by the general assembly and in connection with such activity, meets the requirements of any one or more of the following:

(a) Is acting in the ordinary course of employment, which primary purpose is to influence legislation on a regular basis, on behalf of or for the benefit of such person's employer, except that this shall not apply to any person who engages in lobbying on an occasional basis only and not as a regular pattern of conduct; or

(b) Is engaged for pay or for any valuable consideration for the purpose of performing such activity; or

(c) Is designated to act as a lobbyist by any person, business entity, governmental entity, religious organization, nonprofit corporation, association or other entity; or

(d) Makes total expenditures of fifty dollars or more during the twelve-month period beginning January first and ending December thirty-first for the benefit of one or more public officials or one or more employees of the legislative branch of state government in connection with such activity. A "legislative lobbyist" shall include an attorney at law engaged in activities on behalf of any person unless excluded by any of the following exceptions. A "legislative lobbyist" shall not include any member of the general assembly, an elected state official, or any other person solely due to such person's participation in any of the following activities:

a. Responding to any request for information made by any public official or employee of the legislative branch of government;

b. Preparing or publication of an editorial, a newsletter, newspaper, magazine, radio or television broadcast, or similar news medium, whether print or electronic;

c. Acting within the scope of employment of the legislative branch of government when acting with respect to the general assembly or any member thereof;

d. Testifying as a witness before the general assembly or any committee thereof;

[(5)] (6) "Lobbyist", any natural person defined as an executive lobbyist, judicial lobbyist or a legislative lobbyist;

[(6)] (7) "Lobbyist principal", any person, business entity, governmental entity, religious organization, nonprofit corporation or association who employs, contracts for pay or otherwise compensates a lobbyist;

[(7)] (8) "Public official", any member or member-elect of the general assembly, judge or judicial officer, or any other person holding an elective office of state government or any agency head, department director or division director of state government or any member of any state board or commission and any [designated] decision-making public servant designated by persons described in this subdivision."; and

Further amend said bill, page 4, Section 105.473, line 32, by striking the following: "honoraria;"; and

Further amend said bill and section, page 5, line 67, by inserting immediately after said line the following:

"5. Lobbyists and lobbyist principals shall not provide admission to sporting events which occur outside the state.

6. No lobbyist or lobbyist principal shall offer an honorarium to a public official and no public official shall knowingly accept an honorarium from a lobbyist or lobbyist principal."; and further amend said section, by renumbering the remaining subsections accordingly; 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 16:

SENATE AMENDMENT NO. 16

Amend Senate Committee Substitute for House Bill No. 927, Page 6, Section 105.473, Line 107, by inserting immediately after all of said line the following:

"Section 1. 1. No state agency shall release the personal information of any state employee without the consent of the employee. As used in this section, personal information shall mean the home address and home phone number of the employee.

2. This section shall not apply to the following:

(1) Any release necessary to comply with any federal law or any specific state law;

(2) Releases for authorized use by any federal agency, state agency, court of law or law enforcement agency; and

(3) Motor vehicle and driver's license information subject to sections 32.090 and 32.091, RSMo."; and

Further amend the title and enacting clause accordingly.

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

Senator Maxwell moved that SCS for HB 927, as amended, be adopted, which motion prevailed.

On motion of Senator Maxwell, SCS for HB 927, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Curls DePasco Ehlmann Goode
Graves House Howard Jacob
Johnson Kinder Lybyer Mathewson
Maxwell McKenna Quick Rohrbach
Russell Schneider Singleton Staples
Westfall Wiggins--26
NAYS--Senators
Flotron Kenney Klarich Mueller
Sims Yeckel--6
Absent--Senators
Clay Scott--2
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

HB 1763 was placed on the Informal Calendar.

At the request of Senator Wiggins, HB 1507, with SCS, was placed on the Informal Calendar.

HB 1274, introduced by Representative Farnen, et al, entitled:

An Act to amend chapter 660, RSMo, relating to the department of social services by adding thereto one new section relating to head start programs.

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

Senator Rohrbach offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend House Bill No. 1274, Page 3, Section 6, Lines 51-56, by deleting all of said lines and inserting in lieu thereof the following:

"6. Subject to appropriations, the state may, through non exclusive competitive grants on contracts available to other providers, contract with head start grantees to provide early child care and development services.".

Senator Rohrbach moved that the above amendment be adopted.

Senator Mathewson assumed the Chair.

At the request of Senator Bentley, HB 1274, with SA 1 (pending), was placed on the Informal 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 adopted SCS for HS for HCS for HB 1323, with SA 1, and has again taken up and passed SCS for HS for HCS for HB 1323, as amended.

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 1891, entitled:

An Act to repeal sections 571.070 and 571.090, RSMo 1994, and section 571.030, RSMo Supp. 1997, relating to certain weapons offenses, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions and a referendum clause.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 883, entitled:

An Act to repeal sections 226.040 and 226.140, RSMo 1994, and section 226.005, RSMo Supp. 1997, relating to transportation, and to enact in lieu thereof four new sections relating to the same subject.

With House Amendment No. 1, House Amendment No. 1 to House Amendment No. 2, House Amendment No. 2, as amended, House Amendment No. 1 to House Amendment No. 3, House Amendment No. 2 to House Amendment No. 3, House Amendment No. 3, as amended, House Amendment No. 5, House Substitute Amendment No. 1 for House Amendment No. 6, House Amendments Nos. 7, 8 and 9.

HOUSE AMENDMENT NO. 1

Amend House Committee Substitute for Senate Bill No. 883, Page 5, by inserting after all of said line the following:

"71.288. 1. [Any city that maintains the city engineer or other similar city official on the planning commission shall have the authority to place any restriction upon the height, spacing and lighting or outdoor advertising structures placed within the view of any highway within the city. Such ordinance may be more restrictive than sections 226.500 to 226.600, RSMo] Any city or county shall have the authority to adopt regulations with respect to outdoor advertising that are more restrictive than the height, size, lighting and spacing provisions of sections 226.500 to 226.600, RSMo.

2. No city [that elects to govern outdoor advertising structures as provided in subsection 1] or county shall have the authority to impose a fee of more than five hundred dollars for the initial inspection of an outdoor advertising structure, nor may the city or county impose a business tax on an outdoor advertising structure of more than [one hundred dollars per year] two per cent of the gross annual revenue produced by the outdoor advertising structure within that city or county."; and

Further amend the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 1 TO

HOUSE AMENDMENT NO. 2

Amend House Amendment No. 2 to House Committee Substitute for Senate Bill No. 883, Page 1, Line 13, by deleting #3 and inserting in lieu thereof the following:

"The state auditor shall, where practical use, but shall not be limited to, the data and information developed for and provided by the report required pursuant to subdivision (1) of subsection 2 of section 21.795 RSMo, when performing an audit authorized by section 29.210 RSMo.".

HOUSE AMENDMENT NO. 2

Amend House Committee Substitute for Senate Bill No. 883, Page 2, Section 21.795, Lines 16 and 17, by deleting the words "October fifteenth" and inserting in lieu thereof the words "November tenth"; and

Further amend said bill, Page 2, Section 21.795, Line 30, by deleting the word "by" and inserting in lieu thereof the words "made by, or on behalf of,"; and

Further amend said bill, Page 4, Section 226.040, Lines 1 and 2, by deleting the following: ", with the advice and consent of the senate,"; and

Further amend said bill, Page 5, Section 226.140, Line 11, by inserting after all of said line the following:

"3. The state auditor shall, to the extent practicable, utilize the data and information developed for, and provided by, the report required pursuant to subdivision (1) of subsection 2 of section 21.795, RSMo, when performing an audit authorized by section 29.210, RSMo.".

HOUSE AMENDMENT NO. 1 TO

HOUSE AMENDMENT NO. 3

Amend House Amendment No. 3 to House Committee Substitute for Senate Bill No. 883, Pages 1 and 2, Section 2, Lines 14-16, by deleting the words "shall be rendered null and void and the contractor shall forfeit all rights and claims under the contract" and inserting in lieu thereof the following: "shall be fined up to twenty percent of the base contract".

HOUSE AMENDMENT NO. 2 TO

HOUSE AMENDMENT NO. 3

Amend House Amendment No. 3 to House Committee Substitute for Senate Bill No. 883, Page 2, Line 17, by adding the following: "All general contractors who knowingly contract with any subcontractor who violates the provisions listed in section 2 of this section shall be fined in amount not to exceed twice the fine assessed on the subcontractor".

HOUSE AMENDMENT NO. 3

Amend House Committee Substitute for Senate Bill No. 883, Page 1, In the Title, Line 3, by deleting the word "four" and inserting in lieu thereof the word "five"; and

Further amend said bill, Page 1, Section A, Line 2, by deleting the word "four" and inserting in lieu thereof the word "five"; and

Further amend said bill, Page 1, Section A, Line 3, by deleting the following: "226.040 and 226.140" and inserting in lieu thereof the following: "226.040, 226.140 and 1"; and

Further amend said bill, Page 5, Section 226.140, Line 11, by inserting immediately after all of said line the following:

"Section 2. In the event any contractor performing work pursuant to a contract to which this state is a party is found to knowingly employ an illegal alien, such contract shall be rendered null and void and the contractor shall forfeit all rights and claims under the contract and shall not be eligible to be considered for future state contracts for two years.".

HOUSE AMENDMENT NO. 5

Amend House Committee Substitute for Senate Bill No. 883, Page 2, Section 21.795, Line 33, by adding one new section:

(d) Total state and federal revenue compared to the revenue estimate in the 15 year highway plan as adopted in 1992.".

HOUSE SUBSTITUTE AMENDMENT NO. 1

FOR HOUSE AMENDMENT NO. 6

Amend House Committee Substitute for Senate Bill No. 883, Page 3, Section 21.795, Line 53, by adding after the end of said line, "notwithstanding any other section of law the department of transportation shall be required to complete the fifteen year plan within fifteen years of the date the plan was implemented.".

HOUSE AMENDMENT NO. 7

Amend House Committee Substitute for Senate Bill No. 883, Page 1, In the Title, Lines 2 and 3, by deleting all of said lines and inserting in lieu thereof the following:

"To repeal sections 23.150, 23.160, 23.170, 23.180, 23.190, 33.825, 33.827, 33.819, 33.831, 226.040, 227.140 and 326.100, RSMo 1994, and sections 23.1400, 226.005 and 326.210, RSMo Supp. 1997, relating to the oversight of certain state departments, and to enact in lieu thereof twelve new sections relating to the"; and

Further amend said bill, Page 1, Section A, Lines 1 through 4, by deleting all of said lines and inserting in lieu thereof the following:

"Section A. Sections 23.150, 23.160, 23.170, 23.180, 23.190, 33.825, 33.827, 33.829, 33.831, 116.040, 226.140 and 326.100, RSMo 1994, and sections 23.140, 226.005 and 326.210, RSMo Supp. 1997, are repealed and twelve new sections enacted in lieu thereof, to be known as sections 21.795, 23.140, 23.150, 23.160, 23.170, 23.180, 23.190, 226.005, 226.040, 226.140, 326.100 and 326.210, to read as follows:"; and

Further amend said bill, Page 3, Section 21.795, Line 77, by inserting after all of said line the following:

"23.140. 1. Legislation, with the exception of appropriation bills, introduced into either house of the general assembly shall, before being acted upon, be submitted to the oversight division of the committee on legislative research for the preparation of a fiscal note. The staff of the oversight division shall prepare a fiscal note, examining the items contained in subsection 2 and such additional items as may be provided either by joint rule of the house and senate or by resolution adopted by the committee or the oversight subcommittee.

2. The fiscal note shall state:

(1) The cost of the proposed legislation to the state for the next two fiscal years;

(2) Whether or not the proposed legislation will establish a program or agency that will duplicate an existing program or agency;

(3) Whether or not there is a federal mandate for the program or agency;

(4) Whether or not the proposed program or agency will have significant direct fiscal impact upon any political subdivision of the state;

(5) Whether or not any new physical facilities will be required; and

(6) Whether or not the proposed legislation will have an economic impact on small businesses. For the purpose of this subdivision "small business" means a corporation, partnership, sole proprietorship or other business entity, including its affiliates, that:

(a) Is independently owned and operated; and

(b) Employs fifty or fewer full-time employees.

3. The fiscal note for a bill shall accompany the bill throughout its course of passage. No member of the general assembly, lobbyist or persons other than oversight division staff members shall participate in the preparation of any fiscal note unless the communication is in writing, with a duplicate to be filed with the fiscal note or unless requested for information by the fiscal analyst preparing the note. Violations of this provision shall be reported to the chairman of the legislative research committee and subject the fiscal note and proposed bill to subcommittee review. Once a fiscal note has been signed and approved by the director of the oversight division, the note shall not be changed or revised without prior approval of the chairman of the legislative research committee, except to reflect changes made in the bill it accompanies, or to correct patent typographical, clerical or drafting errors that do not involve changes of substance, nor shall substitution be made therefor. Appeals to revise, change or to substitute a fiscal note shall be made in writing by a member of the general assembly to the chairman of the legislative research committee and a hearing before the committee or subcommittee shall be granted as soon as possible. Any member of the general assembly, upon presentation of new or additional material, may, within three legislative days after the hearing on the request to revise, change or substitute a fiscal note, request one rehearing before the full committee to further consider the requested change. The subcommittee, if satisfied that new or additional material has been presented, may recommend such rehearing to the full committee, and the rehearing shall be held as soon as possible thereafter.

4. The director of the division, hereinafter provided for, or the director's designees, shall seek information and advice from the affected department, division or agency of state government and shall call upon the research staffs of the house of representatives and of the senate, and upon the staffs of the house and senate appropriations committees for assistance in carrying out fiscal notes and [auditing] other functions and duties, during the interim, and each staff shall supply such information or advice as it may possess in response to the inquiry. [The state auditor shall, upon request, cooperate and provide assistance in the conduct of audits and the preparation of reports made in connection therewith.]

23.150. 1. The committee on legislative research shall organize an oversight division to prepare fiscal notes and to [conduct management audits and program audits of state agencies] perform fiscal analyses and conduct performance evaluations and expenditure reviews of agencies, departments, bureaus, divisions, authorities, commissions, offices or institutions, educational or otherwise, of the state, or any political subdivision thereof which shall include all county governments and agencies thereof, all city governments and agencies thereof, and all public school districts and agencies thereof to the extent that they receive funds appropriated by the general assembly. Such analyses, evaluations and reviews may be conducted pursuant to a resolution adopted by the committee upon a request from a member or committee of the general assembly or pursuant to a duly adopted concurrent resolution of the general assembly for the purpose of obtaining information necessary to legislative decisions as to future funding of agencies by appropriation and other aspects of the lawmaking process. The committee may form a subcommittee of not less than six members to provide direct supervision of the personnel and practices of the division. The subcommittee shall consist of one-half of the members appointed by the chairman from the house which he represents and one-half of the members appointed by the vice chairman from the house which he represents.

2. Within the limits of the appropriations made for this division, the committee shall employ a director of the oversight division and other personnel as it deems necessary. The director shall be qualified by training and experience to conduct such [audits, and he] analyses, evaluations and reviews, and shall be directly responsible for those activities. The director of the oversight division, with the consent of the joint committee, may employ personnel necessary to carry out the duties prescribed in this chapter. Persons employed to work in the oversight division shall be professional persons possessing a wide knowledge and demonstrated expertise in governmental programming and financial planning, in conducting program review evaluations and analytic studies, and of federal, state, and local government budgetary processes, laws and regulations of the state of Missouri. [Office space, furniture and equipment formerly assigned to the committee on state fiscal affairs, and appropriations made therefor, shall be transferred to the committee on legislative research.]

23.160. [1.] As used in this chapter, [the term "management audit" means a postaudit which determines, with regard to the purpose, functions, and duties of an audited agency:

(1) Whether the agency is managing and utilizing its resources in an economical and efficient manner; and

(2) Which identifies causes of inefficiencies or uneconomical practices including inadequacies in the use and management of information systems, internal and administrative procedures, organizational structure, use of resources, allocation of personnel, and purchasing policies.

2. As used in this chapter, the term "program audit" means a postaudit which determines and evaluates program performance according to program objectives, responsibilities, and duties as set forth by statute or regulation. Program audits, in accordance with generally accepted program evaluation standards, shall determine:

(1) Whether the program is being performed and administered as authorized or required by law, and whether this action conforms with statutory intent;

(2) Whether the objectives and intended benefits are being achieved, and whether efficiently and effectively;

(3) Benefits derived from any program in relation to the expenditures made therefor; and

(4) Whether the program duplicates, overlaps, or conflicts with any other state program. A program audit may include determinations within the scope of a management audit to the extent necessary or appropriate to the conduct of a particular program audit.

3. As used in this chapter, the term "resources" includes appropriated funds, federal funds, grants, and personnel, and also includes equipment and space, whether assigned, owned or leased.

4. As used in this chapter, the term "agency" includes each department and office within the executive branch of government and each identifiable unit thereof, including institutions of higher learning, and each identifiable unit of the legislative and judicial branches of government.] the following terms mean:

(1) "Agency", an agency, department, bureau, division, authority, commission, office or institution, educational or otherwise, of the state, or any political subdivision thereof which shall include all county governments and agencies thereof, all city governments and agencies thereof, and all public school districts and agencies thereof, which receive funds appropriated by the general assembly;

(2) "Expenditure review", an examination made at some point after the completion of a transaction or a group of transactions for the overall purpose of advising the general assembly of the proper funding levels;

(3) "Performance evaluation", an examination of the effectiveness of the administration, its sufficiency and its adequacy in terms and the programs of the agency authorized by law to be performed for the purpose of making legislative changes. Such evaluations shall include, but not be limited to:

(a) How effectively the programs are administered;

(b) Benefits of each program in relation to the expenditures;

(c) Goals of programs;

(d) Development of indicators by which the success or failure of a program may be gauged;

(e) Review conformity of programs with legislative intent;

(f) Impact of federal grant programs on agency programs.

23.170. 1. The oversight division of the committee on legislative research shall, pursuant to a duly adopted concurrent resolution of the general assembly, or pursuant to a resolution adopted by the committee on legislative research, [conduct management audits and program audits] perform fiscal analyses and conduct performance evaluations and expenditure reviews of agencies as directed by any such resolution. The purpose of such analyses, evaluations and reviews shall be to gather information necessary to the general assembly's consideration of proposed legislation, including, but not limited to, appropriations bills.

2. The staff of any agency subject to a [management or program audit] fiscal analysis, performance evaluation or expenditure review shall fully cooperate with the staff of the oversight division and shall provide all necessary information and assistance for such an [audit] analysis, evaluation or review. All records of an agency[, unless otherwise expressly declared by law to be confidential,] may be inspected by the oversight division staff while conducting the [audit] fiscal analysis, performance evaluation or expenditure review, and the agency subject to the [audit] fiscal analysis, performance evaluation or expenditure review shall afford the oversight division staff with ample opportunity to observe agency operations. All records of an agency which are exempt from disclosure by state law, shall remain exempt when in the possession of the oversight division.

3. All [audits] fiscal analyses, performance evaluations or expenditure reviews shall be completed within one year unless an extension is authorized by the committee[, but progress reports shall be made to the committee at least monthly]. The subcommittee supervising the oversight division shall meet [monthly] as needed to review progress [reports] on work of the oversight division, hear requests for changes in fiscal notes, and provide supervision for the oversight division staff as directed by the committee on legislative research.

4. Any member of the general assembly and any committee of either house of the general assembly may submit requests for [audits] fiscal analyses, performance evaluations or expenditure reviews to the committee on legislative research[, and any agency may request an audit of its operations] for the purpose of obtaining information which would be needed in determining future appropriations of public funds. Requests may also be made pursuant to obtaining information necessary for the drafting of proposed legislation.

23.180. The committee may:

(1) Subpoena and examine witnesses by subpoena issued under the hand of the speaker of the house or the president pro tem of the senate and may require the appearance of any person and [the production of any paper or document] issue subpoenas duces tecum in the same manner. All such process shall be executed by the sergeant at arms of the house of representatives or senate, or by a special messenger appointed for that purpose and shall extend to all parts of the state. The subpoenas and subpoenas duces tecum may be enforced as authorized by the Constitution or as provided by statutory or common law, or by applying to a judge of the circuit court of Cole County or the county of the investigation, hearing or proceeding, or any county where the person or entity that has been subpoenaed resides or may be found, for an order to show cause why the subpoena or subpoena duces tecum should not be enforced. The order and a copy of the application therefor shall be served in the same manner as a summons in a civil action, and if, after hearing, the court determines that the subpoena or subpoena duces tecum should be sustained and enforced, the court shall enforce the subpoena or subpoena duces tecum in the same manner as if it had been issued by the court in a civil action;

(2) Cause witnesses appearing before the committee or the staff of the division to give testimony under oath;

(3) Require that testimony given or a record of the proceedings of any hearing be recorded by an official court reporter or other competent person, under oath, in writing or by electronic, magnetic, or mechanical sound or video recording devices. Any such transcript or record, when certified by the reporter or recorder, shall be prima facie a correct statement of the testimony or proceedings.

23.190. [1. In making audits the division shall make recommendations and suggestions, in writing, to the personnel of the agency being audited. Such personnel shall be given an opportunity to respond, in writing, to those recommendations and suggestions. Thereafter, as soon as practicable after completion of the audit, the committee shall issue a public report of the audit. The report shall contain recommendations for changes in practices and policies as well as recommendations for changes in statutes and regulations, and shall contain the response of the agency involved. Each report shall be a public record and shall be signed by the committee chairman. Each report shall be presented to the governor and the agency involved. Copies may be made available to members of the general assembly and to the general public. The committee may charge a fee to recover publication costs for copies made available to the general public.

2. One year after completion of each audit, the oversight division shall review the operations of the agency audited to determine whether or not there has been substantial compliance with the recommendations contained in the report, and if not, a further review shall be conducted at the end of another year. In each instance a further report shall be made and distributed in the same manner as an initial report is made and distributed.] The committee shall issue fiscal analysis reports, performance evaluation reports and expenditure review reports, in a public hearing of the committee on legislative research or any other affected committee, and any such report shall be a public record. Reports may contain, but need not be limited to, recommendations for changes in statutes or regulations, as well as changes in funding levels. Reports may also contain recommendations for changes in policies and procedures when it appears that such recommendations would be helpful to agency management but such recommendations would not be binding on the agency. All recommendations shall be communicated to the appropriate legislative committees. A copy of the report, signed by the chairman of the committee and the director of the oversight division, shall be submitted to each member of the legislature. The report shall also be submitted to the governor and to the official, officer, or person in charge of the agency evaluated for their consideration in the submission of annual budgets to the legislature."; and

Further amend said bill, Page 5, Section 226.140, Line 11, by inserting after all of said line the following:

"326.100. All statements, records, schedules and memoranda, commonly known as working papers, made by a certified public accountant or a public accountant, or by an employee of either, incident to or in the course of professional service to clients, except reports delivered to a client, shall be and remain the property of such certified public accountant or public accountant, in the absence of a written agreement between the accountant and the client to the contrary. This section does not apply to a certified public accountant employed by a government agency with respect to work produced in the performance of their duties as a government employee.

326.210. 1. Permits to engage in the practice of public accounting in this state shall be issued by the board, upon payment of the fee as prescribed pursuant to section 326.200, to holders of the certificates of certified public accountants issued pursuant to section 326.060, and to holders of public accountant certificates, who shall have furnished evidence satisfactory to the board of compliance with the requirements of subsection 2 of this section, and to firms, partnerships and corporations registered pursuant to section 326.040 or 326.050. All permits shall expire on the permit renewal date and may be renewed for each licensing period upon payment of the renewal fee as prescribed pursuant to section 326.200. A permit holder whose permit has expired and who has not renewed the person's permit within two months of the permit renewal date may renew the person's permit upon payment of the permit fee together with a delinquent fee. No permit shall be renewed more than two years after expiration. Permits to engage in the practice of public accounting shall not be issued to the holder of a certificate issued by this state pursuant to section 326.060 until such person shall have had:

(1) Two years' experience acceptable to the board in the practice of public accounting under the supervision of a certified public accountant holding a certificate and live permit from this or another state, which experience shall include, but not be limited to, two years' experience in the practice of [public] governmental accounting or auditing under the supervision of the state auditor who is a certified public accountant holding a certificate and live permit from this or another state or two years' experience in the practice of fiscal analysis, performance evaluation and expenditure review for the committee on legislative research under the supervision of the director of the oversight division who is a certified public accountant holding a certificate and live permit from this or another state; or

(2) At least two years of satisfactory experience acceptable to the board as a certified public accountant in the legal practice of public accounting in another state while holding a live permit to practice from the other state; or

(3) Four years' experience acceptable to the board in the practice of governmental accounting, budgeting or auditing, including auditing of tax returns, as an employee of the state of Missouri, a political subdivision of this state, or the United States government, under the supervision of a certified public accountant acceptable to the board holding a certificate and live permit from this or another state, who is the head of the department, division or unit in which such person is employed. Only one year of public accounting experience shall be required of an internal revenue agent who has been issued a certificate by this state pursuant to section 326.060 and who has had at least four years' experience as an employee of the federal government as an internal revenue agent in the Internal Revenue Service, of which at least two years is certified by a district director of Internal Revenue Service as having been of field agent experience at the journeyman level, grade GS-512-11 or above, as specified in the United States Civil Service Commission's qualification standard as of December 1, 1975; or

(4) Four years' experience acceptable to the board in the practice of accounting for a corporation, partnership or other business entity, other than a governmental entity described in subdivision (3) of this subsection, under the supervision of a certified public accountant, acceptable to the board, holding a certificate and live permit from this or another state and who is head of the department, division or unit in which such person is employed; or

(5) Experience substantially equivalent to the experience requirement of this state as the holder of a certificate, license or degree in a foreign country constituting a recognized qualification for the practice of public accounting in such country.

2. After the expiration of the three-year period immediately following the effective date of board regulations establishing requirements of continuing education, every application for renewal of an annual permit to practice by any person who has held a certificate as a certified public accountant for three years or more shall be accompanied or supported by such evidence, as the board shall prescribe, of satisfaction of such requirements during the last three years preceding the application. Failure by an applicant for renewal of an annual permit to furnish such evidence shall constitute grounds for revocation, suspension or refusal to renew such permit in a proceeding pursuant to section 326.130, unless the board, in its discretion, shall determine such failure to have been due to reasonable cause or excusable neglect. The board, in its discretion, may renew an annual permit to practice despite failure to furnish evidence of satisfaction of requirements of continuing education upon condition that the applicant follow a particular program or schedule of continuing education.

3. The attestation or opinion concerning the presentation of financial or other quantitative data shall be restricted to those holding a live permit pursuant to this section.

4. Refusal by the resident manager of an office, registered pursuant to section 326.055, to submit such office to peer review, if required by the board, shall constitute grounds for revocation, suspension or refusal to renew the manager's permit in a proceeding pursuant to section 326.130.".

HOUSE AMENDMENT NO. 8

Amend House Committee Substitute for Senate Bill No. 883, Page 5, Line 11, by inserting after said line the following:

"43.030. 1. The superintendent of the Missouri state highway patrol shall be appointed by the governor by and with the advice and consent of the senate. The superintendent shall hold office at the pleasure of the governor. The superintendent shall be a citizen of the United States and a resident taxpaying citizen of this state for a period of three years previous to becoming appointed as superintendent and shall be at least thirty years of age. The superintendent shall maintain an office and reside in Jefferson City.

2. The superintendent of the Missouri state highway patrol shall:

(1) Have command of the patrol and perform all duties imposed on the superintendent and exercise all of the powers and authority conferred upon the superintendent by the provisions of this chapter and the requirements of chapter 650, RSMo;

(2) Within available appropriations, establish an equitable pay plan for the members of the highway patrol and radio personnel taking into consideration ranks and length of service.

[3. The annual salary of members of the highway patrol and radio personnel shall be increased by the same percentage increase and lump sum increase granted to state merit employees covered by the provisions of chapter 36, RSMo. Such increases shall include only the cost-of-living portion of the pay plan appropriated for merit employees and shall be based upon the actual current salary.]".

HOUSE AMENDMENT NO. 9

Amend House Committee Substitute for Senate Bill No. 883, Page 3, Section 226.005, Line 8, by adding after said line the following:

"3. The means by which employees of the Department of Transportation are compensated may not be restricted to direct deposit.".

In which the concurrence of the Senate is respectfully requested.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which were referred SB 709; SB 745; SS for SCS for SBs 771 and 687; and SS for SB 910, begs leave to report that it has considered the same and recommends that the bills do pass.

RESOLUTIONS

Senator Yeckel offered Senate Resolution No. 1803, regarding Health Awareness Weeks, which was adopted.

Senator Kenney offered Senate Resolution No. 1804, regarding the Longview Community College Forensics and Debate Team, which was adopted.

On motion of Senator Quick, the Senate recessed until 8:00 p.m.

RECESS

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

HOUSE BILLS ON THIRD READING

HB 1586, introduced by Representative Hosmer, entitled:

An Act to amend chapter 56, RSMo, relating to county legal representation by adding thereto one new section relating to the same subject.

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

On motion of Senator Bentley, HB 1586 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Russell
Schneider Scott Sims Singleton
Westfall Wiggins Yeckel--31
NAYS--Senator Rohrbach--1
Absent--Senators
Curls Staples--2
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

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

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

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

HB 1507, with SCS, introduced by Representative Bray, entitled:

An Act to repeal sections 143.221, 143.521, 144.080 and 144.655, RSMo 1994, relating to the filing requirements for certain tax returns and payments, and to enact in lieu thereof four new sections relating to the same subject.

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

SCS for HB 1507, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1507

An Act to repeal sections 143.221, 143.521, 143.751, 144.025, 144.080 and 144.655, RSMo 1994, and section 144.014, RSMo Supp. 1997, relating to taxation, and to enact in lieu thereof nineteen new sections relating to the same subject.

Was taken up.

Senator Wiggins moved that SCS for HB 1507 be adopted.

Senators Mathewson and McKenna offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Bill No. 1507, Page 6, Section 137.1030, Line 5, by inserting immediately after all of said line the following:

"143.161. 1. For all tax years beginning before January 1, 1999, a resident may deduct four hundred dollars for each dependent for whom he is entitled to a dependency exemption deduction for federal income tax purposes.

2. For all tax years beginning on or after January 1, 1999, a resident may deduct eight hundred dollars for each dependent for whom he is entitled to a dependency exemption deduction for federal income tax purposes.

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

Further amend the title and enacting clause accordingly.

Senator Mathewson moved that the above amendment be adopted.

Senator Jacob offered SA 1 to SA 1, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 1

Amend Senate Amendment No. 1 to Senate Committee Substitute for House Bill No. 1507, Page 1, Section 143.161, Line 7 of said amendment, by striking the word "eight" and inserting in lieu thereof the words "one thousand two".

Senator Jacob moved that the above amendment be adopted.

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

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

TO SENATE AMENDMENT NO. 1

Amend Senate Amendment No. 1 to Senate Committee Substitute for House Bill No. 1507, Page 1, Section 143.161, Line 7, by striking the words "eight hundred" and inserting in lieu thereof the words "one thousand four hundred".

Senator Jacob moved that the above substitute amendment be adopted.

Senator Jacob requested a roll call vote be taken on the adoption of SSA 1 for SA 1 to SA 1, SA 1 to SA 1 and SA 1 and was joined in his request by Senators Childers, Mathewson, Sims and Westfall.

Senator Jacob raised the point of order that SCS for HB 1507, as well as all pending amendments, are out of order as they go beyond the scope of the original bill.

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

Senator Maxwell assumed the Chair.

President Pro Tem McKenna assumed the Chair.

SSA 1 for SA 1 to SA 1 was adopted by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
DePasco Goode Graves House
Howard Jacob Johnson Kenney
Klarich Lybyer Maxwell Quick
Russell Singleton Westfall--19
NAYS--Senators
Ehlmann Flotron Kinder Mathewson
McKenna Mueller Rohrbach Schneider
Scott Sims Staples Wiggins
Yeckel--13
Absent--Senators
Bentley Curls--2
Absent with leave--Senators--None

SA 1, as amended, was again taken up.

Senator Flotron offered SSA 1 for SA 1, as amended:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Bill No. 1507, Page 6, Section 137.1030, Line 5, by inserting immediately after all of 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 school supplies and transportation costs provided in section 143.122.

143.122. In addition to the amounts to be subtracted from a resident's Missouri adjusted gross income to determine Missouri taxable income under the provisions of section 143.111, there shall be subtracted the amount the taxpayer has paid to others for each dependent in grades nine through twelve, for tuition, attendance fees school supplies and transportation costs 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.

143.161. 1. For all tax years beginning before January 1, 1999, a resident may deduct four hundred dollars for each dependent for whom he is entitled to a dependency exemption deduction for federal income tax purposes.

2. For all tax years beginning on or after January 1, 1999, a resident may deduct one thousand four hundred dollars for each dependent for whom he is entitled to a dependency exemption deduction for federal income tax purposes.

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

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 January 1, 1999, 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, attendance fees, school supplies and transportation costs for or on behalf of any pupil or pupils attending a secondary school situated in Missouri, up to a maximum of two thousand five hundred dollars for any pupil."; and

Further amend said bill, page 9, Section 143.751, Line 41, by inserting after said line the following:

"7. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority of this chapter, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend said bill, page 13, Section 144.655, line 52, by inserting immediately after said line the following:

"7. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority of this chapter, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act.".

"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 forty-five thousandths 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.

Senators Scott, Schneider and McKenna offered SA 1 to SSA 1 for SA 1, as amended:

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, as amended, to Senate Committee Substitute for House Bill No. 1507, Page 1, Section 143.111, Lines 9 and 10 of said section, by striking all of said lines; and further amend said amendment and page, section 143.122, by striking all of said section and inserting in lieu thereof the following:

"(5) The deduction for education expenses provided in section 143.122.

143.122. In addition to the amounts to be subtracted from a resident's Missouri adjusted gross income to determine Missouri taxable income under the provisions of section 143.111, there shall be subtracted the amount the taxpayer has paid to others for each dependent in grades kindergarten through twelve for education expenses, which shall be limited to the cost of computer hardware and software, attendance fees, extracurricular expenses, tuition, transportation costs related directly to education and school supplies for or on behalf of each dependent attending a school situated in Missouri, up to a maximum of one thousand dollars for each dependent."; and

Further amend said amendment, page 4, section 143.171, lines 2-8 of said page, by striking all of said lines and inserting in lieu thereof the following:

"5. For all tax years beginning on or after January 1, 1999, a corporate taxpayer shall be allowed a deduction for the amount the corporate taxpayer has paid to others for any pupil or pupils in grades kindergarten through twelve for education expenses, which shall be limited to the cost of computer hardware and software, attendance fees, extracurricular expenses, tuition, transportation costs related directly to education and school supplies for or on behalf of each pupil attending a school situated in Missouri, up to a maximum of one thousand dollars for each pupil.".

Senator Scott moved that the above amendment be adopted.

Senator Singleton offered SSA 1 for SA 1 to SSA 1 for SA 1, as amended:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

FOR SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Bill No. 1507, Page 6, Section 137.1030, Line 6, by inserting immediately after all of said line the following:

"143.124. 1. Other provisions of law to the contrary notwithstanding, the total amount of all annuities, pensions, or retirement allowances above the amount of six thousand dollars annually provided by any law of this state, the United States, or any other state to any person except as provided in subsection 4 of this section, shall be subject to tax pursuant to the provisions of this chapter, in the same manner, to the same extent and under the same conditions as any other taxable income received by the person receiving it. For purposes of this section, annuity, pension, or retirement allowance shall be defined as an annuity, pension or retirement allowance provided by the United States, this state, any other state or any political subdivision or agency or institution of this or any other state. For all tax years beginning on or after January 1, 1998, for purposes of this section, annuity, pension or retirement allowance shall be defined to include self-employed retirement plans, also known as Keogh plans, annuities from a defined pension plan and individual retirement arrangements, also known as IRAs, as described in the Internal Revenue Code, as well as an annuity, pension or retirement allowance provided by the United States, this state, any other state or any political subdivision or agency or institution of this or any other state.

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

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

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

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

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

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

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

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

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

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

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

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

Further amend the title and enacting clause accordingly.

Senator Singleton moved that the above substitute amendment be adopted.

Senator Scott raised the point of order that SSA 1 for SA 1 to SSA 1 for SA 1, as amended, is out of order as it is not a true substitute amendment, since it deals with a different page and section than SA 1 to SSA 1 for SA 1, as amended.

Senator Schneider raised a further point of order that SSA 1 for SA 1 to SSA 1 for SA 1, as amended, goes beyond the scope of a perfecting amendment.

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

Senator Caskey raised the point of order that SSA 1 for SA 1, as amended and SA 1 to SSA 1 for SA 1, as amended, are out of order as they are not true substitute amendments.

Senator Jacob raised a further point of order that SSA 1 for SA 1, as amended, is out of order as it is not a true substitute amendment.

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

SA 1 to SSA 1 for SA 1, as amended, was again taken up.

Senator Caskey offered SSA 2 for SA 1 to SSA 1 for SA 1, as amended:

SENATE SUBSTITUTE AMENDMENT NO. 2

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, as amended, to Senate Committee Substitute for House Bill No. 1507, Page 1, Section 143.111, Lines 9 and 10 of said section, by striking all of said lines; and

Further amend said amendment and page, section 143.122, by striking all of said section and inserting in lieu thereof the following:

"(5) The deduction for education expenses provided in section 143.122.

143.122. In addition to the amounts to be subtracted from a resident's Missouri adjusted gross income to determine Missouri taxable income under the provisions of section 143.111, there shall be subtracted the amount the taxpayer has paid to others for each dependent in grades kindergarten through twelve for education expenses, which shall be limited to the cost of computer hardware and software, attendance fees, extracurricular expenses, tuition, transportation costs related directly to education and school supplies for or on behalf of each dependent attending a school situated in Missouri, up to a maximum of one dollar for each dependent."; and

Further amend said amendment, page 4, section 143.171, lines 2-8 of said page, by striking all of said lines and inserting in lieu thereof the following:

"5. For all tax years beginning on or after January 1, 1999, a corporate taxpayer shall be allowed a deduction for the amount the corporate taxpayer has paid to others for any pupil or pupils in grades kindergarten through twelve for education expenses, which shall be limited to the cost of computer hardware and software, attendance fees, extracurricular expenses, tuition, transportation costs related directly to education and school supplies for or on behalf of each pupil attending a school situated in Missouri, up to a maximum of one dollar for each pupil.".

Senator Caskey moved that the above substitute amendment be adopted.

Senator Flotron requested a roll call vote be taken on the adoption of SSA 2 for SA 1 to SSA 1 for SA 1, as amended, and was joined in his request by Senators Howard, Mueller, Schneider and Scott.

At the request of Senator Caskey, SSA 2 for SA 1 to SSA 1 for SA 1, as amended, was withdrawn.

President Pro Tem McKenna assumed the Chair.

Senator Caskey offered SSA 3 for SA 1 to SSA 1 for SA 1, as amended:

SENATE SUBSTITUTE AMENDMENT NO. 3

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, as amended, to Senate Committee Substitute for House Bill No. 1507, Page 1, Section 143.111, Lines 9 and 10 of said section, by striking all of said lines; and

Further amend said amendment and page, section 143.122, by striking all of said section and inserting in lieu thereof the following:

"(5) The deduction for education expenses provided in section 143.122.

143.122. In addition to the amounts to be subtracted from a resident's Missouri adjusted gross income to determine Missouri taxable income under the provisions of section 143.111, there shall be subtracted the amount the taxpayer has paid to others for each dependent in grades kindergarten through twelve for education expenses, which shall be limited to the cost of computer hardware and software, attendance fees, extracurricular expenses, tuition, transportation costs related directly to education and school supplies for or on behalf of each dependent attending a school situated in Missouri, up to a maximum of fifty cents for each dependent."; and

Further amend said amendment, page 4, section 143.171, lines 2-8 of said page, by striking all of said lines and inserting in lieu thereof the following:

"5. For all tax years beginning on or after January 1, 1999, a corporate taxpayer shall be allowed a deduction for the amount the corporate taxpayer has paid to others for any pupil or pupils in grades kindergarten through twelve for education expenses, which shall be limited to the cost of computer hardware and software, attendance fees, extracurricular expenses, tuition, transportation costs related directly to education and school supplies for or on behalf of each pupil attending a school situated in Missouri, up to a maximum of fifty cents for each pupil.".

Senator Caskey moved that the above substitute amendment be adopted.

Senator Flotron requested a roll call vote be taken on the adoption of SSA 3 for SA 1 to SSA 1 for SA 1, as amended. He was joined in his request by Senators Yeckel, Klarich, Kinder and Mueller.

Senator Maxwell assumed the Chair.

At the request of Senator Caskey, SSA 3 for SA 1 to SSA 1 for SA 1, as amended, was withdrawn.

Senator Howard offered SSA 4 for SA 1 to SSA 1 for SA 1, as amended, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 4

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, as amended, to Senate Committee Substitute for House Bill No. 1507, Page 10, Section 147.010, Line 9, by inserting immediately after said line the following:

"Section 1. For all tax years beginning on or after January 1, 1999, resident taxpayers whose filing status is either married filing a combined return or head of household shall be allowed a credit against the tax liability imposed pursuant to Chapter 143, RSMo, in an amount equal to two hundred dollars per combined return or head of household return. This section shall expire January 1, 2001.".

Senator Howard moved that the above substitute amendment be adopted.

Senator Kinder raised the point of order that SSA 4 for SA 1 to SSA 1 for SA 1, as amended, is out of order as it is in the third degree.

President Pro Tem McKenna assumed the Chair.

At the request of Senator Howard, SSA 4 for SA 1 to SSA 1 for SA 1, as amended, was withdrawn, rendering the point of order moot.

At the request of Senator Wiggins, HB 1507, with SCS, SA 1, as amended, SSA 1 for SA 1, as amended, and SA 1 to SSA 1 for SA 1, as amended (pending), was placed on the Informal Calendar.

INTRODUCTIONS OF GUESTS

Senator Rohrbach introduced to the Senate, Jennifer Klein, Jefferson City; and Jennifer was made an honorary page.

Senator Klarich introduced to the Senate, Bev and Matt Ehlen, Ryan Ebrecht and Bridget Ryder, Home School History and Government Class from West County.

Senator Klarich introduced to the Senate, a group from the Franklin County Learning Center.

Senator Singleton introduced to the Senate, Jan and Mike Goldworthy, Neosho.

Senator Russell introduced to the Senate, Sandy Crawford, Buffalo.

Senator Russell introduced to the Senate, Fred Lutz, Buffalo.

Senator Goode introduced to the Senate, Miss Lee, Miss Schafer, Mr. Orlando, Miss Perry, and eighty-five students from Keeven Elementary School, St. Louis; and Candace Anderson, Brittany O'Neal, Carl Marberry and Meaghan Ackerson were made honorary pages.

Senator Mathewson introduced to the Senate, Richard L. Haskell, Warren Preuitt and Robert Berlin, Sedalia; and Don Hall, Osage Beach.

Senator Russell introduced to the Senate, Penny Roberson, Vicky Cookson, Amy Parmenter, Julie Jackson, Kathy Wecker, Rita Walker, Misty Richardson, Teresa Chadwell, Diane Lescord, and thirty sixth grade students from Norwood.

Senator Kinder introduced to the Senate, twenty-five fourth grade students from May Greene School, Cape Girardeau.

Senator Klarich introduced to the Senate, thirty-four eighth grade students from Immaculate Conception School, Union.

Senator Kinder introduced to the Senate, twenty-six students and fifteen adults from Immaculate Conception School, Jackson.

Senator Clay introduced to the Senate, James C. Sondermann, St. Louis.

Senator Lybyer introduced to the Senate, Steven Beal and Ruby Kelsey, Rolla; Vicki Hutinger, Westphalia; and Cindi McFadden, Jefferson City.

Senator Johnson introduced to the Senate, Sharon Bryan, Kathy Eisenbeis, Charlotte Christian, Candy Henderson, Theresa Grace, Cheryl Hughes, Gwen Ebinger, Karen Waterland, Jonalee McLaughlin, Kacy Bryan, Haley Johanson, Logan Farley, Caitie Christian, Jason Henderson, Landon Grace, Abbey Hughes, Emma Ebinger, Alyssa Arnone, Arynn Nease, Kathryn Lowery, Laura Eisenbeis, Maggie Jones, Elizabeth Waterland and Anna McLaughlin, Line Creek Elementary School, Kansas City; and Kacy, Haley, Logan, Caitie, Jason, Landon, Abbey, Emma, Alyssa, Arynn and Kathryn were made honorary pages.

Senator Jacob introduced to the Senate, Ben and Pat Adams, Manchester City, England; and Kathy and Jim Collins, Columbia.

Senator Graves introduced to the Senate, Nan Stepp, Dallas Prather, fourteen adults, and thirty-seven fourth grade students from Tarkio.

Senator Graves introduced to the Senate, Rich Barrett, Tarkio.

Senator Caskey introduced to the Senate, his wife, Kay, and fifty-one visitors from Cass and Bates Counties.

Senator Klarich introduced to the Senate, Dora Serrano and Ramon J. Savala, Jefferson City.

Senator Rohrbach introduced to the Senate, Jenny Hirschman and Melissa and Dalton

Rodriguez, Jefferson City.

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