Journal of the Senate

FIRST REGULAR SESSION


FIFTY-EIGHTH DAY--THURSDAY, APRIL 22, 1999


The Senate met pursuant to adjournment.

President Pro Tem Quick in the Chair.

The Reverend Carl R. Gauck offered the following prayer:

Gracious and Merciful God: You have placed within us a special homing instinct that leads us back to our families and our homes as well as to Your loving throne. May we, this weekend, live our lives so that we feel at home with the people You have given us to love. May we allow ourselves to be loved, by those You have blessed us by a Father's providence. And may we cherish the fellowship of the Lord's own people as we stand and pray together in Your presence. In Your Holy 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.

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

The following Senators were present during the day's proceedings:

Present--Senators
Banks Bentley Bland Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Mathewson Maxwell
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--34
Absent with leave--Senators--None
The Lieutenant Governor was present.


RESOLUTIONS

Senator Kenney offered Senate Resolution No. 681, regarding Joshua Charles "Josh" Bogart, Lee's Summit, which was adopted.

Senator Kenney offered Senate Resolution No. 682, regarding Nathan Randall Bogart, Lee's Summit, which was adopted.

Senator House offered Senate Resolution No. 683, regarding Ronald J. Houle, St. Charles, which was adopted.

Senator Wiggins offered Senate Resolution No. 684, regarding Michael Scott Hokenson, Kansas City, which was adopted.

Senator Wiggins offered Senate Resolution No. 685, regarding Andrew Tyler "Andy" Wycoff, Raytown, which was adopted.

Senator Wiggins offered Senate Resolution No. 686, regarding Benjamin John "B.J." Gemmer, Raytown, which was adopted.

Senator Wiggins, joined by the entire membership of the Senate, offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 687

WHEREAS, the members of the Missouri Senate have been deeply saddened to learn of the death of Lawrence Joseph McAuliffe, of Kansas City and Overland Park, Kansas; and

WHEREAS, Mr. McAuliffe, a native of Kansas City, attended St. John's Seminary in Kansas City and graduated from De LaSalle High School before serving with the United States Merchant's Marines in World War II; and

WHEREAS, Mr. McAuliffe was a locomotive engineer with the Frisco Railroad, now part of Burlington Northern Sante Fe Railroad, for over 40 years before his retirement; and

WHEREAS, Mr. McAuliffe was active in various community offices and was a widely admired and respected member of the Ancient Order of Hibernians and was a member of International Brotherhood of Locomotive Engineers; and

WHEREAS, Mr. McAuliffe was a longtime active member of Cure of Ars Catholic Church and St. Patrick's Church, Laurie, Missouri, at the Lake of the Ozarks; and

WHEREAS, Mr. McAuliffe was the brother of Bishop Michael Francis McAuliffe, widely known and highly respected Bishop of the Diocese of Jefferson City, Missouri; and

WHEREAS, Mr. McAuliffe, was most of all a devoted husband and father in whose heart and love his family always came first;

NOW, THEREFORE, BE IT RESOLVED, that the members of the Missouri Senate, pause in their deliberations to salute the memory of Lawrence Joseph McAuliffe, express their appreciation for his lifetime of good citizenship and his contributions to his church and to the State of Missouri and extend to his wife Mrs. Mildred Boylan McAuliffe, his family and many friends most sincere sympathy on his death; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for Mrs. Mildred McAuliffe, sons, Lawrence John McAuliffe, Thomas Michael McAuliffe, daughter, Patricia Ann Akright, brothers Bishop Michael Francis McAuliffe, John D. McAuliffe, William R. McAuliffe, and the Ancient Order of Hibernians.

Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 688

WHEREAS, the members of the Missouri Senate were deeply saddened by the recent death of Norman P. Gordon of Kansas City, Missouri, on April 19, 1999; and

WHEREAS, a St. Louis native, Norman Gordon earned Bachelor's and Law degrees at Saint Louis University as the start of a long and esteemed legal career that would last more than six decades; and

WHEREAS, in 1933 Norman Gordon moved to Kansas City to work for the law firm of Scarritt, Jones & North where he became a partner and then senior partner who enjoyed the evolution of the firm into Scarritt, Jones & Gordon and then Gordon, Gordon & Lasley, P.C., which includes his sons Thomas and John as shareholders and which can trace a direct lineage of operation back to the original Scarritt & Scarritt in 1881; and

WHEREAS, Norman Gordon was married for thirty-five years to Dorothea Shuford Gordon of St. Louis, a union which produced four wonderful children and many lovely memories prior to her untimely death in 1970; and

WHEREAS, a later marriage to Mary Elizabeth "Libby" Whitaker added her seven children to Norman Gordon's extended family and lasted for twenty-seven years until he passed on to his heavenly reward; and

WHEREAS, a participant in that "most noble and worthwhile pursuit" of law, Norman Gordon actively maintained membership in The Missouri Bar Association and the Kansas City Metropolitan Bar Association and received much recognition for the other pursuits to which he was devoted, including the Boy Scouts of America, the United Way, Kansas City Orphans Home, Avila College, and Rockhurst College, where he attained the rank of Associate Professor of Speech; and

WHEREAS, Norman Gordon was a devout Catholic who worshiped at Visitation Parish, was founder and first president of the Sierra Club of Kansas City, served as first chairman of the Confraternity of Christian Doctrine for the Catholic Diocese of Kansas City, and enjoyed the distinction of having been knighted by Pope Pius XII as a Knight of St. Gregory the Great:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninetieth General Assembly, join unanimously to extend our sincere condolences to the family, friends, and colleagues of the late Norman Gordon during this difficult time of sorrow and loss; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution in memory of Norman P. Gordon, a highly skilled practitioner of law.

Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 689

WHEREAS, it is with heavy hearts that the members of the Missouri Senate pause to acknowledge the significant achievements of a life gone by, that of Mary Ann Ewert, who was baptized into the Hope of Christ's Resurrection on March 30, 1999; and

WHEREAS, a native of Coffeyville, Kansas, Mary Ann Ewert grew up in Abilene, attended the University of Kansas and Kansas State University, and went on to complete all the stringent requirements necessary to receive her degree from Mid-America Nazarene College; and

WHEREAS, the founder of Together Grandview, a community task force for drug abuse prevention in the Grandview schools, Mary Ann Ewert was honored by the mayor and board of aldermen as the recipient of the 1989 Grandview Citizen of the Year award for her staunch commitment to serving area youth; and

WHEREAS, Mary Ann Ewert touched the lives of countless Missouri youngsters as co-chairman of the After Prom party for Grandview High School students; as president of the High Grove Elementary School Parent Teacher Association; and as co-founder of the Grandview Association for the Gifted; and

WHEREAS, the Governor's appointee to the Missouri Advisory Council on Alcohol and Drug Abuse, Mary Ann Ewert played an important role in the war on drugs as a founding board member of the Missouri Association of Community Task Forces (MoACT); as secretary and interim executive director of Heart of America Teen Challenge; and as a participant in the writing of the President's 1995 Substance Abuse Policy; and

WHEREAS, a devout member of the Grandview Assembly of God, Mary Ann Ewert leaves behind to cherish her memory her devoted husband, Dr. Henry R. Ewert; her five children, Brent R. Ewert, Annette Cates, Kurt H. Ewert, Amy Boehringer, and Jacob A. Ewert; her brother, Reuben McCornack; her stepbrother, Donald Duffy; her stepsister, Adrienne Cimes; and her seven grandchildren:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninetieth General Assembly, unanimously join in paying final tribute to Mary Ann Ewert, a remarkable woman of peace and kindness in this world who will be sadly missed by all those who had the distinct pleasure of knowing and loving her; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Dr. Henry R. Ewert, as an expression of our deepest sympathy.

Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 690

WHEREAS, the members of the Missouri Senate have been deeply saddened to learn of the death of a long time highly respected Kansas City physician, Dr. John H. Mayer, Jr.; and

WHEREAS, Dr. Mayer was born in Kansas City and graduated from Rockhurst High School, and obtained his medical degree at Cornell University, then received his specialty training from Barnes Hospital, St. Louis; and

WHEREAS, Dr. Mayer served in the United States Army during World War II, serving at the rank of Captain; and

WHEREAS, Dr. Mayer established a practice in cardiovascular and thoracic surgery in Kansas City with lifelong affiliations with almost all of Kansas City's area hospitals; and

WHEREAS, Dr. Mayer was a clinical professor of surgery at the University of Missouri, president of staff at St. Mary's Hospital and General Hospital and president of the Jackson County Medical Society; and

WHEREAS, Dr. Mayer was active in professional, civic and community affairs too numerous to mention in this resolution; and

WHEREAS, Dr. Mayer's son Mike, served as campaign chairman for our colleague from the 10th district, Senator Harry Wiggins, who is a long time personal friend of the family; and

WHEREAS, Dr. Mayer was preceded in death by a son, John H. Mayer III, and is survived by his loving wife, Jane Dugan Mayer, son Michael F. Mayer and wife, Jacqueline, son, A. Christopher Mayer and wife Lisa, daughter, Cassandra Jane Earle and husband William, daughter Katherine M. Rudloff and husband Eugene, daughter Mary Pat Urra and husband Gus, daughter-in-law, Paula D. Mayer, eighteen grandchildren, and thirteen great-grandchildren;

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate, pause in their deliberations to salute the memory of a distinguished Kansas Citian, Dr. John H. Mayer, Jr. express their appreciation for a lifetime of good citizenship, and his contributions to Kansas City and to Missouri, and to his fellow human beings, and express most sincere sympathy on his death to his family and many friends; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies for the family of Dr. John J. Mayer, Jr.

HOUSE BILLS ON THIRD READING

HB 857, introduced by Representative Monaco, et al, entitled:

An Act to repeal section 513.430, RSMo 1994, relating to property exempt from attachment, and to enact in lieu thereof one new section relating to the same subject.

Was taken up by Senator Caskey.

On motion of Senator Caskey, HB 857 was read the 3rd time and passed by the following vote:

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

The President Pro Tem declared the bill passed.

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

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

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

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which were referred HCS for SCS for SBs 240, 226 and 229; and HCS for SCS for SB 275, begs leave to report that it has examined the same and finds that the bills have been duly enrolled and that the printed copies furnished the Senators are correct.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SB 374, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and HCS for SCS for SBs 240, 226 and 229; and HCS for SCS for SB 275, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bills would be signed by the President Pro Tem to the end that they may become law. No objections being made, the bills were so read by the Secretary and signed by the President Pro Tem.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem Quick appointed the following conference committee to act with a like committee from the House on HS for HCS for SB 291, as amended: Senators Caskey, Quick, Mathewson, Sims and Bentley.

SENATE BILLS FOR PERFECTION

Senator Wiggins moved that SB 75, SB 381 and SB 204, with SCS and SS for SCS (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

SS for SCS for SBS 75, 381 and 204 was again taken up.

Senator Scott offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 75, 381 and 204, Page 3, Section 136.300, Line 4 of said page, by inserting immediately after said line the following:

"144.010. 1. The following words, terms, and phrases when used in sections 144.010 to 144.525 have the meanings ascribed to them in this section, except when the context indicates a different meaning:

(1) "Admission" includes seats and tables, reserved or otherwise, and other similar accommodations and charges made therefor and amount paid for admission, exclusive of any admission tax imposed by the federal government or by sections 144.010 to 144.525;

(2) "Business" includes any activity engaged in by any person, or caused to be engaged in by him, with the object of gain, benefit or advantage, either direct or indirect, and the classification of which business is of such character as to be subject to the terms of sections 144.010 to 144.525. The isolated or occasional sale of tangible personal property, service, substance, or thing, by a person not engaged in such business, does not constitute engaging in business within the meaning of sections 144.010 to 144.525 unless the total amount of the gross receipts from such sales, exclusive of receipts from the sale of tangible personal property by persons which property is sold in the course of the partial or complete liquidation of a household, farm or nonbusiness enterprise, exceeds three thousand dollars in any calendar year. The provisions of this subdivision shall not be construed to make any sale of property which is exempt from sales tax or use tax on June 1, 1977, subject to that tax thereafter;

(3) "Gross receipts", except as provided in section 144.012, means the total amount of the sale price of the sales at retail including any services other than charges incident to the extension of credit that are a part of such sales made by the businesses herein referred to, capable of being valued in money, whether received in money or otherwise; except that, the term "gross receipts" shall not include the sale price of property returned by customers when the full sale price thereof is refunded either in cash or by credit. In determining any tax due under sections 144.010 to 144.525 on the gross receipts, charges incident to the extension of credit shall be specifically exempted. For the purposes of sections 144.010 to 144.525 the total amount of the sale price above mentioned shall be deemed to be the amount received. It shall also include the lease or rental consideration where the right to continuous possession or use of any article of tangible personal property is granted under a lease or contract and such transfer of possession would be taxable if outright sale were made and, in such cases, the same shall be taxable as if outright sale were made and considered as a sale of such article, and the tax shall be computed and paid by the lessee upon the rentals paid;

(4) "Livestock", cattle, calves, sheep, swine, ratite birds, including but not limited to, ostrich and emu, aquatic products as defined in section 277.024, RSMo, elk documented as obtained from a legal source and not from the wild, goats, horses, other equine, or rabbits raised in confinement for human consumption;

(5) "Motor vehicle leasing company" shall be a company obtaining a permit from the director of revenue to operate as a motor vehicle leasing company. Not all persons renting or leasing trailers or motor vehicles need to obtain such a permit; however, no person failing to obtain such a permit may avail itself of the optional tax provisions of subsection 5 of section 144.070, as hereinafter provided;

(6) "Person" includes any individual, firm, copartnership, joint adventure, association, corporation, municipal or private, and whether organized for profit or not, state, county, political subdivision, state department, commission, board, bureau or agency, except the state transportation department, estate, trust, business trust, receiver or trustee appointed by the state or federal court, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular number;

(7) "Purchaser" means a person who purchases tangible personal property or to whom are rendered services, receipts from which are taxable under sections 144.010 to 144.525;

(8) "Research or experimentation activities", activities directed toward the development of an experimental or pilot model, plant process, formula, invention or similar property, and the improvement of existing property of such type. Research or experimentation activities do not include activities such as ordinary testing or inspection of materials or products for quality control, efficiency surveys, advertising promotions or research in connection with literary, historical or similar projects;

[(8)] (9) "Sale" or "sales" includes installment and credit sales, and the exchange of properties as well as the sale thereof for money, every closed transaction constituting a sale, and means any transfer, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for valuable consideration and the rendering, furnishing or selling for a valuable consideration any of the substances, things and services herein designated and defined as taxable under the terms of sections 144.010 to 144.525;

[(9)] (10) "Sale at retail" means any transfer made by any person engaged in business as defined herein of the ownership of, or title to, tangible personal property to the purchaser, for use or consumption and not for resale in any form as tangible personal property, for a valuable consideration; except that, for the purposes of sections 144.010 to 144.525 and the tax imposed thereby: (i) purchases of tangible personal property made by duly licensed physicians, dentists, optometrists and veterinarians and used in the practice of their professions shall be deemed to be purchases for use or consumption and not for resale; and (ii) the selling of computer printouts, computer output or microfilm or microfiche and computer-assisted photo compositions to a purchaser to enable the purchaser to obtain for his own use the desired information contained in such computer printouts, computer output on microfilm or microfiche and computer-assisted photo compositions shall be considered as the sale of a service and not as the sale of tangible personal property. Where necessary to conform to the context of sections 144.010 to 144.525 and the tax imposed thereby, the term "sale at retail" shall be construed to embrace:

(a) Sales of admission tickets, cash admissions, charges and fees to or in places of amusement, entertainment and recreation, games and athletic events;

(b) Sales of electricity, electrical current, water and gas, natural or artificial, to domestic, commercial or industrial consumers;

(c) Sales of local and long distance tele-communications service to telecommunications subscribers and to others through equipment of telecommunications subscribers for the transmission of messages and conversations, and the sale, rental or leasing of all equipment or services pertaining or incidental thereto;

(d) Sales of service for transmission of messages by telegraph companies;

(e) Sales or charges for all rooms, meals and drinks furnished at any hotel, motel, tavern, inn, restaurant, eating house, drugstore, dining car, tourist camp, tourist cabin, or other place in which rooms, meals or drinks are regularly served to the public;

(f) Sales of tickets by every person operating a railroad, sleeping car, dining car, express car, boat, airplane, and such buses and trucks as are licensed by the division of motor carrier and railroad safety of the department of economic development of Missouri, engaged in the transportation of persons for hire;

[(10)] (11) "Seller" means a person selling or furnishing tangible personal property or rendering services, on the receipts from which a tax is imposed under section 144.020;

[(11)] (12) The noun "tax" means either the tax payable by the purchaser of a commodity or service subject to tax, or the aggregate amount of taxes due from the vendor of such commodities or services during the period for which he is required to report his collections, as the context may require;

[(12)] (13) "Telecommunications service", for the purpose of chapter 144, the transmission of information by wire, radio, optical cable, coaxial cable, electronic impulses, or other similar means. As used in this definition, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. Telecommunications service does not include the following if such services are separately stated on the customer's bill:

(a) Access to the Internet, access to interactive computer services or electronic publishing services, except the amount paid for the [telecom-munication] telecommunications service used to provide such access;

(b) Answering services and one-way paging services;

(c) Private mobile radio services which are not two-way commercial mobile radio services such as wireless telephone, personal communications services or enhanced specialized mobile radio services as defined pursuant to federal law; or

(d) Cable or satellite television or music services; and

[(13)] (14) "Product which is intended to be sold ultimately for final use or consumption" means tangible personal property, or any service that is subject to state or local sales or use taxes, or any tax that is substantially equivalent thereto, in this state or any other state.

2. For purposes of the taxes imposed under sections 144.010 to 144.525, and any other provisions of law pertaining to sales or use taxes which incorporate the provisions of sections 144.010 to 144.525 by reference, the term "manufactured homes" shall have the same meaning given it in section 700.010, RSMo.

3. Sections 144.010 to 144.525 may be known and quoted as the "Sales Tax Law"."; and

Further amend said bill, Page 9, Section 144.030, Line 283, by inserting immediately after the word "section" the following: ";

(37) Tangible personal property purchased for use or consumption directly or predominantly in research or experimentation activities"; and

Further amend the title and enacting clause accordingly.

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

Senator Childers offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 75, 381 and 204, Page 7, Section 144.030, Line 3, by inserting after the word "consumption" on said line the following ", equipment, machinery, and components thereof used by any entity which is at least fifty-one percent owned by a Missouri family or families in the harvesting and production of timber and wood products including transportation equipment provided such transportation equipment does not provide in excess of ten percent of the gross revenue of such entity".

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

Senator Childers offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bills Nos. 75, 381 and 204, Page 1, Section A, Line 5, by inserting after all of said line the following:

"67.1720. 1. As used in this section, "phosphorus-containing product" means any product sold in this state which contains more than one-tenth of one percent, by weight, of elemental phosphorus, excluding any product which is primarily intended for use as a fertilizer for agricultural production, as determined by the department of agriculture by rule.

2. The governing body of any county may impose, by ordinance or order, a sales tax on all retail sales of phosphorus-containing products made in such county which are subject to taxation pursuant to the provisions of sections 144.010 to 144.525, RSMo.

3. The maximum rate for a sales tax pursuant to this section shall be one percent.

4. The tax authorized by this section shall be in addition to any and all other sales taxes allowed by law, except that no ordinance or order imposing a sales tax pursuant to the provisions of this section shall be effective unless the governing body of the county submits to the voters of the county, at a regularly scheduled county, municipal or state general or primary election, a proposal to authorize the governing body of the county to impose a tax. Any sales tax imposed pursuant to this section shall not be authorized for a period of more than five years.

5. Such proposal shall be submitted in substantially the following form:

Shall the county of ............. impose a sales tax of ............. (insert amount) on the sales of phosphorus-containing products for the purpose of improved treatment of wastewater and water pollution abatement, including establishment of new wastewater treatment facilities or expansion or other improvements to existing wastewater treatment facilities in the county?

YES NO

If a majority of the votes cast on the proposal by the qualified voters voting thereon are in favor of the proposal, then the ordinance or order and any amendments thereto shall be in effect on the first day of the second quarter after the director of revenue receives notice of adoption of the tax. If a majority of the votes cast by the qualified voters voting are opposed to the proposal, then the governing body of the county shall not impose the sales tax authorized in this section until the governing body of the county resubmits another proposal to authorize the governing body of the county to impose the sales tax authorized by this section and such proposal is approved by a majority of the qualified voters voting thereon; however, no such proposal shall be resubmitted to the voters sooner than twelve months from the date of the submission of the last such proposal.

6. All revenue received by a county from the tax authorized pursuant to the provisions of this section shall be deposited in a special trust fund and shall be used solely for the purposes specified in the proposal submitted pursuant to subsection 4 of this section within such county for so long as the tax shall remain in effect.

7. Once the tax authorized by this section is abolished or is terminated by any means, all funds remaining in the special trust fund shall be used solely for the purposes specified in the proposal submitted pursuant to subsection 4 of this section within the county. Any funds in such special trust fund which are not needed for current expenditures may be invested by the governing body in accordance with applicable laws relating to the investment of other county or funds.

8. All sales taxes collected by the director of revenue pursuant to this section on behalf of any county, less one percent for cost of collection which shall be deposited in the state's general revenue fund after payment of premiums for surety bonds as provided in section 32.087, RSMo, shall be deposited in a special trust fund, which is hereby created, to be known as the "Local Wastewater Treatment Sales Tax Trust Fund".

9. The moneys in the local wastewater treatment sales tax trust fund shall not be deemed to be state funds and shall not be commingled with any funds of the state. The director of revenue shall keep accurate records of the amount of money in the trust fund and which was collected in each county imposing a sales tax pursuant to this section, and the records shall be open to the inspection of officers of the county and the public.

10. Not later than the tenth day of each month, the director of revenue shall distribute all moneys deposited in the trust fund during the preceding month to the county which levied the tax. Such funds shall be deposited with the county treasurer of each such county, and all expenditures of funds arising from the local wastewater treatment sales tax trust fund shall be by an appropriation act to be enacted by the governing body of each such county. Expenditures may be made from the fund for any purposes authorized pursuant to subsection 4 of this section in the ordinance or order adopted by the governing body submitting the tax to the voters.

11. The director of revenue may authorize the state treasurer to make refunds from the amounts in the trust fund and credited to any county for erroneous payments and overpayments made, and may redeem dishonored checks and drafts deposited to the credit of such counties.

12. If any county abolishes the tax, the county shall notify the director of revenue of the action at least ninety days prior to the effective date of the repeal and the director of revenue may order retention in the trust fund, for a period of one year, of two percent of the amount collected after receipt of such notice to cover possible refunds or overpayment of the tax and to redeem dishonored checks and drafts deposited to the credit of such accounts. After one year has elapsed after the effective date of abolition of the tax in such county, the director of revenue shall remit the balance in the account to the county and close the account of that county. The director of revenue shall notify each county of each instance of any amount refunded or any check redeemed from receipts due the county.

13. Except as modified in this section, all provisions of sections 32.085 and 32.087, RSMo, shall apply to the tax imposed pursuant to this section.

14. For purposes of this section, the term "wastewater treatment and water pollution abatement" is limited to the following:

(1) Establishment of new wastewater treatment facilities or expansion or other improvements to existing wastewater treatment facilities;

(2) Elimination or reduction of the release of water pollutants affecting waters of the state located in the county; and

(3) Use of funds as matching funds for grants or loans from the clean water commission pursuant to chapter 644, RSMo."; and

Further amend the title and enacting clause accordingly.

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

Senator Johnson assumed the Chair.

Senator Staples offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 75, 381 and 204, Pages 27-33, Section 306.016, Line 25, by deleting all of said section and amending the title accordingly.

Senator Staples moved that the above amendment be adopted.

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

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 75, 381 and 204, Page 33, Section 306.017, by deleting the entire section; and further amend the title and enacting clause accordingly.

Senator Rohrbach moved that the above substitute amendment be adopted.

Senator Klarich raised the point of order that SSA 1 for SA 4 is out of order in that it is not a true substitute amendment.

The point of order was referred to the President Pro Tem, who ruled it well taken.

Senator Scott assumed the Chair.

SA 4 was again taken up.

President Wilson assumed the Chair.

Senator Johnson assumed the Chair.

Senator Staples moved that SA 4 be adopted and requested a roll call vote be taken. He was joined in his request by Senators Kenney, Rohrbach, Sims and Westfall.

SA 4 was adopted by the following vote:

YEAS--Senators
Bentley Clay DePasco Ehlmann
Graves Howard Johnson Kenney
Klarich Mathewson Mueller Quick
Russell Scott Sims Staples
Steelman Stoll Wiggins Yeckel--20
NAYS--Senators
Caskey Childers Flotron Goode
House Jacob Kinder Maxwell
Rohrbach Schneider Singleton Westfall--12
Absent--Senators
Banks Bland--2
Absent with leave--Senators--None

Senator Stoll offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 75, 381 and 204, Page 34, Section 2, Line 19 of said page, by inserting after all of said line the following:

"Section 3. 1. Neither this state nor any county or other political subdivision of this state shall enter into any contract or arrangement or expend any general revenue or special revenue funds for the examination of a taxpayer's books and records if any part of the compensation paid or payable for the services of the person, firm or corporation conducting the examination is contingent upon or otherwise related to the amount of tax, interest, court cost or penalty assessed against or collected from the taxpayer. A contract or arrangement in violation of this section, if made or entered into after the effective date of this act, is void and unenforceable. Any assessment or preliminary assessment of taxes, penalties or interest proposed or asserted by a person, firm or corporation compensated pursuant to any such contract or arrangement shall likewise be null and void. Any contract or arrangement, if made or entered into after the effective date of this section, in which the person, firm or corporation conducting the examination agrees or has an understanding with the taxing authority that all or part of the compensation paid or payable will be waived or otherwise not paid if there is no assessment or no collection of tax or if less than a certain amount is assessed or collected is void and unenforceable.

2. For the purposes of this section the word "tax" shall mean any tax, license, fee or other charge payable to the state of Missouri, any agency thereof, county or any agency thereof, or other political subdivision or any agency thereof, including but not limited to, income, franchise, sales and use, property, business license, gross receipts or any other taxes payable by the taxpayer on account of its activities or property in, or income, sales, gross receipts or the like derived from sources within, the state, county or political subdivision.

3. The provisions of this section shall not be construed to prohibit or restrict this state or a county or other political subdivision of this state from entering into contracts or arrangements for the collection of any tax, interest, court cost or penalty when the person, firm or corporation making such assessment or collection has no authority to determine the amount of tax, interest, court cost or penalty owed this state or a county or other political subdivision of this state without approval of the entity."; and

Further amend the title and enacting clause accordingly.

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

Senator Stoll offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 75, 381 and 204, Page 22, Section 144.190, Line 20 of said page, by inserting after all of said line the following:

"144.518. In addition to the exemptions granted pursuant to section 144.030, there is hereby specifically exempted from the provisions of sections 66.600 to 66.635, RSMo, sections 67.391 to 67.395, RSMo, sections 67.500 to 67.545, RSMo, section 67.547, RSMo, sections 67.550 to 67.594, RSMo, sections 67.665 to 67.667, RSMo, sections 67.671 to 67.685, RSMo, sections 67.700 to 67.727, RSMo, section 67.729, RSMo, sections 67.730 to 67.739, RSMo, sections 67.1000 to 67.1012, RSMo, sections 92.325 to 92.340, RSMo, sections 92.400 to 92.421, RSMo, sections 94.500 to 94.570, RSMo, section 94.577, RSMo, sections 94.600 to 94.655, RSMo, section 94.660, RSMo, sections 94.700 to 94.755, RSMo, sections 94.800 to 94.825, RSMo, section 94.830, RSMo, sections 94.850 to 94.857, RSMo, sections 94.870 to 94.881, RSMo, section 94.890, RSMo, sections 144.010 to 144.525, and sections 144.600 to 144.761, sections 190.335 to 190.337, RSMo, section 238.235 and 238.410, RSMo, section 321.242, RSMo, section 573.505, RSMo, and section 644.032, RSMo, and from the computation of the tax levied, assessed or payable pursuant to sections 66.600 to 66.635, RSMo, sections 67.391 to 67.395, RSMo, sections 67.500 to 67.545, RSMo, section 67.547, RSMo, sections 67.550 to 67.594, RSMo, sections 67.665 to 67.667, RSMo, sections 67.671 to 67.685, RSMo, sections 67.700 to 67.727, RSMo, section 67.729, RSMo, sections 67.730 to 67.739, RSMo, sections 67.1000 to 67.1012, RSMo, sections 92.325 to 92.340, RSMo, sections 92.400 to 92.421, RSMo, sections 94.500 to 94.570, RSMo, section 94.577, RSMo, sections 94.600 to 94.655, RSMo, section 94.660, RSMo, sections 94.700 to 94.755, RSMo, sections 94.800 to 94.825, RSMo, section 94.830, RSMo, sections 94.850 to 94.857, RSMo, sections 94.870 to 94.881, RSMo, section 94.890, RSMo, sections 144.010 to 144.525, sections 144.600 to 144.761, sections 190.335 to 190.337, RSMo, sections 238.235 and 238.410, RSMo, section 321.242, RSMo, section 573.505, RSMo, and section 644.032, RSMo, machines or parts for machines used in a commercial, coin-operated amusement and vending business where sales tax is paid on the gross receipts derived from the use of commercial, coin-operated amusement and vending machines."; and

Further amend the title and enacting clause accordingly.

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

Senator Ehlmann offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 75, 381 and 204, Page 34, Section 2, Line 19, by adding after said line, the following:

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

"(1) "Contribution", a donation of cash, stock, bonds or other marketable securities;

(2) "Director", the director of the department of economic development;

(3) "Scholarship charity", a charitable organization in this state that is exempt from federal taxation pursuant to section 501(c)(3) of the Internal Revenue Code, as amended, and that allocates at least ninety percent of its annual revenue for educational scholarships to children to allow them to attend a qualified school. For purposes of this section, the phrase "qualified school" means any elementary or secondary school of a child's parents' choice which is situated in this state and does not discriminate on the basis of race, color, handicap, national origin or ancestry which a child may attend to meet the requirements of section 167.031, RSMo. To qualify as a scholarship charity the charitable organization shall provide educational scholarships to students without limiting availability to students attending a particular school and shall give preference to students of families who demonstrate financial need;

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

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

2. A taxpayer shall be allowed to claim a tax credit against the taxpayer's state tax liability, in an amount equal to fifty percent of the amount such taxpayer contributed to a scholarship charity. However, the tax credit shall not be allowed if the taxpayer designates the taxpayer's donation for the direct benefit of any dependent of the taxpayer.

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

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

5. The director shall determine, at least annually, which charities in this state may be classified as scholarship charities. The director may require of a charity seeking to be classified as a scholarship charity whatever information is reasonably necessary to make such a determination. The director shall classify a charity as a scholarship charity if such charity meets the definition set forth in subdivision (3) of subsection 1 of this section.

6. The director shall establish a procedure by which a taxpayer can determine if a charity has been classified as a scholarship charity, and by which such taxpayer can then contribute to such scholarship charity and claim a tax credit. The cumulative amount of tax credits which may be claimed by all the taxpayers contributing to scholarship charities in any one fiscal year shall not exceed five million dollars.

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

8. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.".

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

Senator Maxwell offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Substitute for Senate Committee Substitute for Senate Bills Nos. 75, 381 and 204, Page 19, Section 144.030, Line 20 of said page, by inserting immediately after the word "room" the following: ";

(38) All admission fees charged for hunting or taking of domestically raised pheasant, partridge, quail and ungulates on licensed shooting areas permitted by the Missouri department of conservation, and all sales of feed and equipment used in the domestic production of pheasant, partridge, quail and ungulates by holders of a class I wildlife breeders permit issued by the Missouri department of conservation.".

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

Senator Wiggins moved that SS for SCS for SBs 75, 381 and 204, as amended, be adopted, which motion prevailed.

On motion of Senator Wiggins, SS for SCS for SBs 75, 381 and 204, as amended, was declared perfected and ordered printed.

PRIVILEGED MOTIONS

Senator Howard moved that SB 410, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 410, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 410

An Act to repeal sections 70.600 and 70.686, RSMo 1994, relating to retirement benefits for officers and employees of political subdivisions, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Howard moved that HCS for SB 410 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Mathewson Maxwell Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Bland--1
Absent with leave--Senators--None

On motion of Senator Howard, HCS for SB 410 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Bland Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Mathewson Maxwell
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--34
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Wiggins assumed the Chair.

Senator Mueller moved that SB 28, with HCA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

Senator Mueller moved that the above amendment be adopted, which motion prevailed by the following vote:

YEAS--Senators
Banks Bentley Bland Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Mathewson Maxwell
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--34
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

On motion of Senator Mueller, SB 28, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Bland Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Johnson Kenney Kinder
Klarich Mathewson Maxwell Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Steelman Stoll Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Jacob--1
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Klarich moved that SB 278, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 278, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 278

An Act to repeal sections 351.182, 351.459 and 456.120, RSMo 1994, and sections 347.141, 351.245, 351.323 and 351.448, RSMo Supp. 1998, relating to business organizations, and to enact in lieu thereof eight new sections relating to the same subject.

Was taken up.

Senator Klarich moved that HCS for SB 278 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Banks Bentley Bland Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Johnson Kenney Kinder
Klarich Mathewson Maxwell Quick
Rohrbach Russell Schneider Scott
Sims Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Jacob Mueller Singleton--3
Absent with leave--Senators--None

On motion of Senator Klarich, HCS for SB 278 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Bland Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Johnson Kenney Kinder
Klarich Mathewson Maxwell Quick
Rohrbach Russell Schneider Scott
Sims Staples Steelman Stoll
Westfall Wiggins Yeckel--31
NAYS--Senators--None
Absent--Senators
Jacob Mueller Singleton--3
Absent with leave--Senators--None

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Mathewson moved that SCS for SB 334, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SCS for SB 334, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 334

An Act to repeal section 260.565, RSMo 1994, relating to environmental remediation, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Mathewson moved that HCS for SCS for SB 334 be adopted.

At the request of Senator Mathewson, the above motion was withdrawn.

Senator Stoll moved that SB 414, with HA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HA 1 was taken up.

Senator Stoll moved that the above amendment be adopted.

At the request of Senator Stoll, the above motion was withdrawn.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on State Budget Control, to which was referred SJR 17, begs leave to report that it has considered the same and recommends that the joint resolution do pass.

Also,

Mr. President: Your Committee on State Budget Control, to which was referred SCS for SB 377, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on State Budget Control, to which was referred SCS for SBs 392, 393 and 267, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on State Budget Control, to which was referred SS for SCS for SBs 1, 92, 111, 129 and 222, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on State Budget Control, to which was referred HS for HCS for HB 274, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on State Budget Control, to which was referred HCS for HB 888, with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on State Budget Control, to which was referred HS for HB 450, with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SR 595, begs leave to report that it has considered the same and recommends that the resolution do pass.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred HCR 28, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE CONCURRENT RESOLUTION NO. 28

WHEREAS, the safe generation, transfer, storage and disposal of hazardous waste is vital to the well-being of the state of Missouri; and

WHEREAS, emergency response to hazardous substance spills and releases, maintenance of contaminated real estate through the hazardous waste registry system, and participation in state and federal cleanups of sites contaminated by hazardous wastes is necessary to protect the health of Missouri's citizens and environment; and

WHEREAS, the Hazardous Waste Fund and the Hazardous Waste Remedial Fund are the primary means of funding the above mentioned activities, and with the balances of these funds falling and in danger of potentially not being able to adequately support necessary services in the future; and

WHEREAS, the hazardous waste generation, transfer, storage and disposal industries which contribute to the Hazardous Waste Fund and Hazardous Waste Remedial Fund enhance the economic well-being of the state of Missouri; and

WHEREAS, the fees imposed on the hazardous waste generation, transfer, storage and disposal industries should be fair and equitable; and

WHEREAS, the Department of Natural Resources and the industry have been unable to reach an agreement as to how to adequately fund the Hazardous Waste Fund and Hazardous Waste Remediation Fund; and

WHEREAS, an in-depth study needs to be conducted to determine what measures need to be taken to ensure that the Hazardous Waste Fund and Hazardous Waste Remedial Fund are sufficient to meet the obligations and provide the required services to the public, environment and the hazardous waste generation, transfer, storage and disposal industries:

NOW, THEREFORE, BE IT RESOLVED by the Missouri House of Representatives of the Ninetieth General Assembly, First Regular Session, the Senate concurring therein, that a joint legislative study committee of the General Assembly be created to be composed of five members of the Senate, to be appointed by the President Pro Tem of the Senate, and five members of the House of Representatives, to be appointed by the Speaker of the House, and that said committee be authorized to function throughout the Ninetieth General Assembly; and

BE IT FURTHER RESOLVED that the committee conduct an in-depth study and make appropriate recommendations concerning appropriate funding of the Hazardous Waste Fund and the Hazardous Waste Remedial Fund, and any other issues the committee deems relevant; and

BE IT FURTHER RESOLVED that the committee prepare a report, together with its recommendations for any legislative action it deems necessary for submission during the First Regular Session of the Ninety-first General Assembly; and

BE IT FURTHER RESOLVED that the Committee on Legislative Research, Senate Research, and House Research provide such legal, research, clerical, technical, and bill drafting services as the committee may require in the performance of its duties; and

BE IT FURTHER RESOLVED that the actual and necessary expenses of the committee, its members, and any staff personnel assigned to the committee incurred in attending meetings of the committee or any subcommittee thereof, be paid from the Joint Contingent Fund.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred HCR 21, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE CONCURRENT RESOLUTION NO. 21

WHEREAS, since 1988, over seven hundred law enforcement officers throughout the United States have been killed in the line of duty and in addition over six hundred have been killed in duty-related accidents and over six hundred thousand officers have been assaulted; and

WHEREAS, while progress is being made in fighting crime, violence remains a serious threat to those officers who have sworn to protect society; and

WHEREAS, these heroic men and women of our law enforcement agencies who face danger every day and their fallen colleagues come from many different backgrounds; and

WHEREAS, we the members of the Ninetieth General Assembly believe these heroes who fought and died for the strongly held principles of law and order and whose sacrifices have made a difference to each and everyone of us should be honored in some significant way; and

WHEREAS, the U.S. Postal Service issues commemorative stamps which honor deceased heroes and we believe there are no greater heroes than our fallen law enforcement officers:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Ninetieth General Assembly, First Regular Session, the Senate concurring therein, hereby urge the United States Postal Service to issue a commemorative stamp honoring all law enforcement officers who have been killed in the line of duty; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution to be sent to the Citizens' Stamp Advisory Committee, c/o Stamp Management, U.S. Postal Service, 475 L'Enfant Plaza, SW, Room 4474EB, Washington, DC 20260-6756.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred HCS for HCR 19, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE CONCURRENT RESOLUTION NO. 19

WHEREAS, through the "Share the Harvest" program, hunters donate approximately thirty thousand pounds of venison annually to those in need; and

WHEREAS, through the generosity of these hunters, seventy-seven approved charitable organizations, spread throughout the state of Missouri, have received venison to distribute to needy families and individuals; and

WHEREAS, deer is a valuable source of protein but is unusually low in fat and many families and individuals have no dependable source of protein in their diets; and

WHEREAS, the program is a safe and healthy way for these individuals to get protein in their diet, because all participating deer processors must be licensed by the Department of Conservation and inspected by the United States Department of Agriculture; and

WHEREAS, the hunter normally pays the processing fee and more hunters would donate more venison to more needy families, if there were other sources of funds to pay the processing cost:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Ninetieth General Assembly, First Regular Session, the Senate concurring therein, hereby call for the Missouri Department of Conservation and the Department of Social Services to develop a partnership with the private sector to provide funds to pay for the processing costs for those hunters who donate their venison to charity through the "Share the Harvest" program; and

BE IT FURTHER RESOLVED that the Department of Conservation actively promote the Share the Harvest Program in coordination with the Conservation Federation of Missouri and other organizations to provide additional awareness of the opportunities to donate processed venison to charitable organizations and the availability of funding of processing costs; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the directors of the Missouri Department of Conservation and the Department of Social Services.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred HCS for HCR 3, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE CONCURRENT RESOLUTION NO. 3

WHEREAS, at the general election of 1992, seventy-five percent of Missouri voters adopted a measure to limit the terms of members of the Missouri General Assembly; and

WHEREAS, all legislators elected after 1992 are limited to a maximum of eight years, or four terms, in the Missouri House of Representatives, and eight years, or two terms, in the Missouri Senate; and

WHEREAS, while the merits of legislative term limits can and will be debated by numerous citizens and interested parties, there is no question: that term limits are part of the Missouri Constitution; that this law has already shortened the terms of some Missouri legislators; and that these limits will produce substantial repercussions on state government in the foreseeable future; and

WHEREAS, it would be a responsible and prudent action to prepare for the impending impact of legislative term limits; and

WHEREAS, it should be determined whether term limits will affect the balance of power between the legislative, executive and judicial branches, and if so, what measures should be taken to preserve the strength of the legislative branch; and

WHEREAS, it should also be determined whether term limits are likely to lead to an increased influence for state government employees and governmental consultants, or lobbyists, and, if so, if any preparations should be made to counteract this increased influence; and

WHEREAS, because of term limits, the citizen-members of the Missouri General Assembly will be expected to assume leadership positions and committee chairmanships at a faster rate than is currently expected even though they will have less time to study issues or learn the legislative process; and

WHEREAS, the potential impact on urban, suburban and rural issues and representation should be studied; and

WHEREAS, it could be of great assistance in preparing for the impact of term limits if ideas, recommendations and information could be garnered from present and former legislators, political scientists, interested citizens and scholars who have previously studied this issue and are familiar with term limit ramifications in other states:

NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri House of Representatives of the Ninetieth General Assembly, First Regular Session, the Senate concurring therein, that a Joint Committee on Legislative Term Limits be created to study the likely effects of term limits and to make recommendations on how best to prepare for the impact of term limits; and

BE IT FURTHER RESOLVED that the committee be comprised of ten members, five members to be appointed by the Speaker of the House of Representatives and five members to be appointed by the President Pro Tem of the Senate, with no more than three House members or three Senate members being from the same political party and with at least two House members and two Senate members first being elected in or prior to November 1994 and at least one House member and one Senate member first being elected after November 1994; and

BE IT FURTHER RESOLVED that the committee be authorized to hold hearings and investigations as it deems advisable, and that the staffs of House Research, Senate Research and the Committee on Legislative Research provide any technical or clerical assistance requested by the committee and the members of the committee shall receive reimbursement for their actual and necessary expenses incurred in the performance of their official duties for the committee; and

BE IT FURTHER RESOLVED that the committee report its recommendations and findings to the Missouri General Assembly by January 1, 2000, and that the authority of such committee shall terminate on December 31, 2000; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the Speaker of the House of Representatives and the President Pro Tem of the Senate.

Also,

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred HCR 17, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

Senator House, Chairman of the Committee on Education, submitted the following report:

Mr. President: Your Committee on Education, to which was referred HB 401, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Aging, Families and Mental Health, to which were referred HCS for HB 490 and HCS for HB 308, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Wiggins, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. President: Your Committee on Ways and Means, to which was referred HB 542, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Banks, Chairman of the Committee on Public Health and Welfare, submitted the following report:

Mr. President: Your Committee on Public Health and Welfare, to which was referred HB 191, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Scott, Chairman of the Committee on Pensions and General Laws, submitted the following report:

Mr. President: Your Committee on Pensions and General Laws, to which was referred HCS for HB 267, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Civil and Criminal Jurisprudence, to which was referred HS for HCS for HB 852, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Mathewson, Chairman of the Committee on Local Government and Economic Development, submitted the following report:

Mr. President: Your Committee on Local Government and Economic Development, to which was referred HS for HCS for HB 701, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Staples, Chairman of the Committee on Transportation, submitted the following report:

Mr. President: Your Committee on Transportation, to which was referred HCS for HB 60, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Aging, Families and Mental Health, to which was referred HCS for HBs 316, 660 and 203, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Clay, Chairman of the Committee on Financial and Governmental Organization, submitted the following report:

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred HS for HCS for HBs 246 and 405, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Agriculture, Conservation, Parks and Tourism, to which was referred HB 541, begs leave to report that it has considered the same and recommends that the bill do pass.

Senator House, Chairman of the Committee on Education, submitted the following report:

Mr. President: Your Committee on Education, to which was referred HCS for HB 889, begs leave to report that it has considered the same and recommends that the bill do pass.

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

Mr. President: Your Committee on Commerce and Environment, to which was referred HCS for HBs 603, 722 and 783, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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

Mr. President: Your Committee on Elections, Veterans' Affairs and Corrections, to which was referred HCS for HB 780, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Mathewson, Chairman of the Committee on Local Government and Economic Development, submitted the following report:

Mr. President: Your Committee on Local Government and Economic Development, to which was referred HS for HCS for HB 793, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Clay, Chairman of the Committee on Financial and Governmental Organization, submitted the following report:

Mr. President: Your Committee on Financial and Governmental Organization, to which was referred HB 368, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Senator Banks, Chairman of the Committee on Public Health and Welfare, submitted the following reports:

Mr. President: Your Committee on Public Health and Welfare, to which was referred HB 64, begs leave to report that it has considered the same and recommends that the bill do pass.

Also,

Mr. President: Your Committee on Public Health and Welfare, to which was referred HS for HB 454, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

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 conferees on SCS for HCS for HB 348 be allowed to exceed the differences for the purpose of striking the last two lines of the bill.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for HB 723, entitled:

An Act to repeal sections 137.130, 302.138, 302.177, 302.735, 303.041, 304.012, 304.235, 307.020, 307.353, 307.355, 307.360, 307.365, 577.014, 577.048 and 643.315 RSMo 1994, and sections 136.055, 137.115, 301.025, 301.140, 301.191, 302.020, 302.060, 302.138, 302.171, 302.173, 302.181, 302.302, 302.304, 302.321, 302.341, 302.505, 302.510, 302.520, 302.541, 303.024, 303.026, 307.366, 307.375, 577.012, 577.020, 577.021, 577.023, 577.037, 577.039, 577.041 and 577.049, RSMo Supp. 1998, relating to motor vehicle safety, responsibility and licensure, and to enact in lieu thereof sixty-eight new sections relating to the same subject with penalty provisions, effective dates and an expiration date.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 599, entitled:

An Act to repeal sections 375.1202, 375.1205, 375.1220, 379.316, 379.321 and 379.425, RSMo 1994, and section 379.888, RSMo Supp. 1998, relating to insurance administration, and to enact in lieu thereof eight new sections relating to the same subject, with a contingent termination date for a certain section.

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 SB 152.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 479.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 424.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 83.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 443.

Emergency clause adopted.

Bill ordered enrolled.

BILLS DELIVERED TO THE GOVERNOR

HCS for SCS for SBs 240, 226 and 229; and HCS for SCS for SB 275, after having been duly signed by the Speaker of the House of Representatives in open session, were delivered to the Governor by the Secretary of the Senate.

RESOLUTIONS

Senator Staples offered Senate Resolution No. 691, regarding Porter Wagoner, Nashville, Tennessee, which was adopted.

Senator Russell offered Senate Resolution No. 692, regarding Jarrett "Jerry" Conkin, Mountain Grove, which was adopted.

Senator DePasco offered Senate Resolution No. 693, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. James Mancuso, Kansas City, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Caskey introduced to the Senate, Fay Koger, Debby Dawson, Richard Renick, Venetia Copeland and thirty-two fifth, sixth, seventh and eighth grade students from Roscoe School, Roscoe.

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

Senator Caskey introduced to the Senate, Garnet Dwyer, Sheila Fischer, Peggy Schenker, Tina Rapp and students from Zion Lutheran School, Rockville; and Krista Fischer, Mallory Schenker, Sarah Rapp, Suzanne Jagels and Shelley Slider were made honorary pages.

Senator Mueller introduced to the Senate, sixty-six fourth grade students from Tillman Elementary School, Kirkwood; and Joshua King, Lisa McKeague, D.J. Eagleton, Jonathan Lewis, Corey Hamlett, Kevin Hopfer, Kirsten Mills and Austin Olson were made honorary pages.

Senator Flotron introduced to the Senate, eighty fourth grade students from Carrollton Oaks Elementary School, Bridgeton.

Senator Bland introduced to the Senate, Ms. Carole Ladd and fourth grade students from Wendell Phillips School, Kansas City; and Marisa Nelson, Mark Dean, Eranne Whiters and Dishaun Phillips were made honorary pages.

Senator Graves introduced to the Senate, Dana Macoubrie and forty sixth grade students from Chillicothe.

Senator Sims introduced to the Senate, sixty fourth grade students from Briarcrest School, St. Ann.

Senator Schneider introduced to the Senate, fifty fourth grade students from Halls Ferry Elementary School, Florissant; and Chelsi Ferguson, Terrence Smith, Ellen Cadwell and Whitney Cornell were made honorary pages.

On motion of Senator DePasco, the Senate adjourned until 12:00 p.m., Monday, April 26, 1999.