The Senate met pursuant to adjournment.

     President Pro Tem Mathewson in the Chair.

     The Chaplain offered the following prayer:

     Lord, Your people in this building have worked long and hard this week. We pray that this weekend might refresh their hearts, minds and souls. Give to everyone who labored here a time to celebrate family as we honor our mothers. Revive us with a renewed sense of family values and give strength for the week to come. 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	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	Graves	House	Howard
Johnson	Kenney	Kinder	Klarich
Lybyer	Mathewson	Maxwell	McKenna
Melton	Moseley	Mueller	Quick
Rohrbach	Russell	Schneider	Sims
Singleton	Staples	Treppler	Westfall
Wiggins--33
	Absent with leave--Senator Scott--1
	The Lieutenant Governor was present.

     

     Senator House offered Senate Resolution No. 1397, regarding Victor C. "Vic" Crawley, which was adopted.

     The following messages were received from the House of Representatives through its Chief Clerk:

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for SS for SB 560, entitled:

     An Act to repeal sections 301.140, 301.344, 304.001, 304.150, 304.155, 304.157 and 304.575, RSMo 1994, and sections 301.010 and 306.906, RSMo Supp. 1995, relating to the towing of motor vehicles, and to enact in lieu thereof nine new sections relating to the same subject, with penalty provisions.

     With House Amendments Nos. 1, 2, 3, 4, 6, 8, 9, 10, 11, 12 and 13.

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 560, Page 43, Section 304.156, Lines 2 through 3 from the top of said page, by deleting all of said lines and inserting in lieu thereof the following: "section."; and

     Further amend said bill, Page 44, Section 304.156, Line 22 from the top of said page, by deleting the following: "receipt; and" and inserting in lieu thereof the following: "receipt."; and

     Further amend said bill, Page 45, Section 304.156, Lines 1 through 3 from the top of said page, by deleting all of said lines.

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 560, Page 49, Section 304.157, Line 11, by inserting after the word "officer" the following:

     "pursuant to subdivision 1 of subsection 2 of this section".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 560, Page 29, Section 304.155, Line 1 from the top of said page, by inserting immediately after the words "this section" the following: "or by ordinance of a county or municipality licensing and regulating the sale of abandoned property by the municipality".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 560, Page 57, Section 304.158, Line 13, by striking the "period" after "property" and inserting a "comma" and the following: "except where the tow and impoundment of the abandoned property was the result of an arrest or accident whereby the towing company or storage facility may then demand payment in the form of cash.".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 560, Page 1, In the Title, Line 2, by inserting after the number "301.344," the number "301.566,"; and

     Further amend said bill, Page 1, In the Title, Line 3, by deleting the words "the towing of"; and

     Further amend said bill, Page 1, In the title, Line 4, by deleting the word "eight" and inserting in lieu thereof the word "nine"; and

     Further amend said bill, Section A, Line 1, by inserting after the number "301.344," the number "301.566,"; and

     Further amend said bill, Section A, Line 2, by deleting the word "eight" and inserting in lieu thereof the word "nine"; and

     Further amend said bill, Page 1, Section A, Line 3, by inserting after the number "301.344," the number "301.566,"; and

     Further amend said bill, Page 16, Section 301.344, Line 5, by inserting after all of said line the following:

     "301.566. 1. A motor vehicle dealer may participate in any motor vehicle show or sale, and conduct sales of motor vehicles thereat, away from [his] the dealer's usual, licensed place of business if the event is conducted for not more than ten days, and if a majority of the motor vehicle dealers within a class of dealers described pursuant to subsection 3 of section 301.550 in a city or town participate in the event, except that a recreational motor vehicle dealer classified in subdivision (5) of subsection 3 of section 301.550 may participate in such a show or sale even if a majority of recreational motor vehicle dealers in a city or town do not participate in the event. The commission shall consider such events to be proper in all respects and as if each dealer participant was conducting business at [his] the dealer's usual business location.

     2. A recreational vehicle dealer, as that term is defined in section 700.010, RSMo, who is licensed in another state may participate in recreational vehicle shows or exhibits with recreational vehicles within this state, in which less than fifty dealers participate as exhibitors with permission of the dealer's licensed manufacturer if all of the following conditions exist:

     (1) The show or exhibition has a minimum of ten recreational vehicle dealers licensed as motor vehicle dealers in this state;

     (2) More than fifty percent of the participating recreational vehicle dealers are licensed motor vehicle dealers in this state; and

     (3) The state in which the recreational vehicle is licensed is a state contiguous to Missouri and the state permits recreational vehicle dealers licensed in Missouri to participate in recreational vehicle shows in such state pursuant to conditions substantially equivalent to the conditions which are imposed on dealers from such state who participate in recreational vehicle shows in Missouri.

     3. A recreational vehicle dealer licensed in another state may participate in a vehicle show or exhibition in Missouri which has, when it opens to the public, at least fifty dealers displaying recreational vehicles if the show or exhibition is trade-oriented and is predominantly funded by recreational vehicle manufacturers. All of the participating dealers who are not licensed in Missouri shall be licensed as recreational vehicle dealers by the state of their residence.".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 560, Page 41, Section 340.156, Line 2, by striking the word "or" and insert the word "and".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 560, Page 1, In the Title, Line 2, by inserting after the number "301.344,"; and

     Further amend said bill, Page 1, In the Title, Line 4, by deleting the word "eight" and inserting in lieu thereof the word "nine"; and

     Further amend said bill, Page 1, Section A, Line 1, By inserting after the number "301.344," the number "301.566,"; and

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

     Further amend said bill, Page 1, Section A, Line 3, by inserting after the number "301.344," the number "301.566,"; and

     Further amend said bill, Page 7, Section 301.344, Line 6, by inserting after all of said line the following:

     "301.566. 1. A motor vehicle dealer may participate in any motor vehicle show or sale[,] and conduct sales of motor vehicles [thereat,] away from [his] the dealer's usual, licensed place of business if either the requirements of subsection 2 of this section are met or the event is conducted for not more than ten days, and if a majority of the motor vehicle dealers within a class of dealers described pursuant to subsection 3 of section 301.550 in a city or town participate or are invited and have the opportunity to participate in the event, except that a recreational motor vehicle dealer classified in subdivision (5) of subsection 3 of section 301.550 may participate in such a show or sale even if a majority of recreational motor vehicle dealers in a city or town do not participate in the event. The commission shall consider such events to be proper in all respects and as if each dealer participant was conducting business at [his] the dealer's usual business location.

     2. Any person, partnership, corporation or association disposing of vehicles used and titled solely in its ordinary course of business as provided in section 301.570 may sell such vehicles away from that person's bona fide established place of business, thus constituting an off-site sale, by adhering to each of the following conditions with regard to each and every off-site sale conducted:

     (1) Have in effect a valid license, pursuant to sections 301.550 to 301.575, from the Missouri motor vehicle commission for the sale of used motor vehicles;

     (2) No off-site sale may exceed ten days in duration, and only one sale may be held per year, per county, in counties of the third and fourth classification;

     (3) Pay to the motor vehicle commission fund, pursuant to section 301.560, a permit fee of two hundred fifty dollars for each off-site sale event;

     (4) Advise the Missouri motor vehicle commission, at least ten days prior to the sale, of the date, location and duration of each off-site sale;

     (5) The sale of vehicles at off-site sales shall be limited to sales by a seller of vehicles used and titled solely in its ordinary course of business, and such sales shall be held in conjunction with a credit union and limited to members of the credit union, thus constituting a private sale to be advertised to members only;

     (6) Off-site sales by a seller of vehicles used and titled solely in its ordinary course of business may also be held in conjunction with other financial institutions provided that any such sale event shall be held on the premises of the financial institution, and sales shall be limited to persons who were customers of the financial institution prior to the date of the sale event. Off-site sales held with such other financial institutions shall be limited to one sale per year per institution;

     (7) The sale of motor vehicles which have the designation of the current model year, except discontinued models, is prohibited at off-site sales until subsequent model year designated vehicles of the same manufacture and model are offered for sale to the public.".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 560, Page 20, Section 304.001, Line 10, by inserting after the word "any" the word "unattended".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 560, Page 31, Section 304.155, Line 6, by inserting immediately after said line the following:

     "7. The Department of Revenue may design and make available to police agencies throughout the state a uniform "Authorization to Tow" form. The form shall contain lines for time, date, location, descriptive information of the vehicle, reason for towing, the tow operator and company and signature of authorizing officer. Cost of the forms will be determined by Department of Revenue. The completed form shall be issued by the authorizing officer to the tow operator for that company's records as proof of authorization to tow a particular vehicle."; and

     Further renumber accordingly.;

     Further amend said bill, page 48, section 304.157, line 16, by inserting after said line the following:

     "The Department of Revenue may design and make available to police agencies throughout the state a uniform "Authorization to Tow" form. The form shall contain lines for time, date, location, descriptive information of the vehicle, reason for towing, the tow operator and company and signature of authorizing officer. Cost of the forms will be determined by the Department of Revenue. The completed form shall be issued by the authorizing officer to the tow operator for that company's records as proof of authorization to tow a particular vehicle.".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Bill 560, Page 35, Section 304.155, Line 15, by inserting immediately after said line the following:

     "11. If a lienholder repossesses any motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel by having such property towed, then the towing company and the lienholder shall notify the Missouri state highway patrol of such tow within one hour of the tow being made and shall further provide the patrol with any additional information the patrol deems appropriate.".

     Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 560, Page 49, Section 304.157, Subsection 3, Line 3, by inserting immediately after line 3, the following:

     "The Dept. of Revenue may design & sell to towing companies informational brochures outlining owner or leasees of real property obligations pursuant to this section.".

     In which the concurrence of the Senate is respectfully requested.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House request the Senate grant the House a further conference on SCS for HCS for HB 1010 and the conferees be allowed to exceed the differences.

     Senator Lybyer moved that the Senate grant further conference on SCS for HCS for HB 1010, as amended, and that the conferees be allowed to exceed the differences, which motion prevailed.

     Senator Wiggins, Chairman of the Committee on State Budget Control, submitted the following report:

     Mr. President: Your Committee on State Budget Control, to which was referred HS for HCS for HBs 1207, 1288, 1408 and 1409, with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

     SB 523 was placed on the Informal Calendar.

     SB 895, introduced by Senators Kinder and Russell, entitled:

     An Act to repeal section 451.020, RSMo 1994, relating to domestic relations, and to enact in lieu thereof one new section relating to the same subject.

     Was taken up by Senator Kinder.

     On motion of Senator Kinder, SB 895 was read the 3rd time and passed by the following vote:

	Yeas--Senators
Bentley	Caskey	DePasco	Ehlmann
Flotron	Graves	House	Howard
Johnson	Kenney	Kinder	Klarich
Mathewson	Maxwell	McKenna	Melton
Mueller	Quick	Rohrbach	Russell
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--26
	Nays--Senators
Banks	Clay	Curls	Moseley--4
	Absent--Senators
Goode	Lybyer	Schneider--3
	Absent with leave--Senator Scott--1

     The President Pro Tem declared the bill passed.

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

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

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

     HS for HCS for HBs 1207, 1288, 1408 and 1409, with SCS, introduced by Representative Tate, entitled:

     An Act to repeal section 261.105, RSMo Supp. 1995, relating to agriculture, and to enact in lieu thereof fifteen new sections relating to the same subject, with an emergency clause and an expiration date for certain sections.

     Was taken up by Senator Johnson.

     SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409, entitled:

     An Act to repeal section 261.105, RSMo Supp. 1995, relating to agriculture, and to enact in lieu thereof fifteen new sections relating to the same subject, with an emergency clause and an expiration date for certain sections.

     Was taken up.

     Senator Johnson moved that SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409 be adopted.

     Senator Johnson offered SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409, entitled:

     An Act to repeal section 261.105, RSMo Supp. 1995, relating to agriculture, and to enact in lieu thereof fifteen new sections relating to the same subject, with an emergency clause and an expiration date for certain sections.

     Senator Johnson moved that SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409 be adopted.

     Senator Caskey offered SS for SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409, entitled:

     An Act to repeal sections 65.652 and 65.690, RSMo 1994, and section 261.105, RSMo Supp. 1995, relating to agriculture, and to enact in lieu thereof seventeen new sections relating to the same subject, with an emergency clause and an expiration date for certain sections.

     Senator Caskey moved that SS for SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409 be adopted.

     Senator Howard assumed the Chair.

     Senator Rohrbach raised the point of order that SS for SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409 is out of order in that the substitute goes beyond the scope and purpose of the original bill.

     The point of order was referred to the President Pro Tem.

     At the request of Senator Caskey, SS for SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409 was withdrawn, rendering the point of order moot.

     Senator Caskey offered SS No. 2 for SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409, entitled:

     An Act to repeal section 261.105, RSMo Supp. 1995, relating to agriculture, and to enact in lieu thereof fifteen new sections relating to the same subject, with an emergency clause and an expiration date for certain sections.

     Senator Caskey moved that SS No. 2 for SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409 be adopted.

     At the request of Senator Johnson, HS for HCS for HBs 1207, 1288, 1408 and 1409, with SCS, SS for SCS and SS No. 2 for SS for SCS (pending), was placed on the Informal Calendar.

     Senator Wiggins, Chairman of the Committee on State Budget Control, submitted the following report:

     Mr. President: Your Committee on State Budget Control, to which was referred HS for HCS for HB 1237, with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

     HS for HCS for HB 1237, with SCS, introduced by Representative Rizzo, entitled:

     An Act to repeal sections 67.641, 67.1000, 135.350, 135.403, 135.405, 137.100, 274.030, 274.220, 274.230, 620.014, 620.158 and 620.1039, RSMo 1994, and sections 71.012, 100.296, 108.510, 135.100, 135.110, 135.207, 135.225, 135.230, 135.245, 135.247, 135.326 and 447.708, RSMo Supp. 1995, and both versions of section 135.400, RSMo Supp. 1995, as enacted in house bill no. 414 and in senate bill no. 445 by the eighty-eighth general assembly, relating to economic development, and to enact in lieu thereof fifty-one new sections relating to the same subject, with an effective date for certain sections.

     Was taken up by Senator Maxwell.

     SCS for HS for HCS for HB 1237, entitled:

     An Act to repeal sections 32.105, 67.641, 67.1000, 94.875, 135.350, 135.403, 135.405, 274.030, 274.220, 274.230, 620.014, 620.158, 620.1039, 700.010, 700.100 and 700.450, RSMo 1994, and sections 71.012, 100.296, 108.510, 135.100, 135.110, 135.207, 135.225, 135.230, 135.245, 135.247, 135.326, 144.030 and 447.708, RSMo Supp. 1995, and both versions of section 135.400, RSMo Supp. 1995, as enacted in house bill no. 414 and in senate bill no. 445 by the eighty-eighth general assembly, relating to economic development, and to enact in lieu thereof sixty-two new sections relating to the same subject, with an effective date for certain sections.

     Was taken up.

     Senator Maxwell moved that SCS for HS for HCS for HB 1237 be adopted.

     Senator Maxwell offered SS for SCS for HS for HCS for HB 1237, entitled:

     An Act to repeal sections 32.105, 67.641, 67.1000, 94.875, 100.270, 135.403, 135.405, 148.330, 148.350, 172.273, 274.030, 274.220, 274.230, 338.056, 338.196, 620.158, 620.1039, 700.010, 700.100 and 700.450, RSMo 1994, and sections 32.115, 100.296, 135.110, 135.207, 135.225, 135.230, 135.245, 144.030, 447.708 and 620.482, RSMo Supp. 1995, both versions of section 135.400, RSMo Supp. 1995, as enacted in house bill no. 414 and in senate bill no. 445 by the eighty-eighth general assembly and section 260.831 as enacted by the second regular session of the eighty-eighth general assembly in senate committee substitute for senate bill no. 662 and delivered to the governor on April 22, 1996, relating to economic development, and to enact in lieu thereof seventy new sections relating to the same subject, with an effective date for certain sections and a termination date for a certain section.

     Senator Maxwell moved that SS for SCS for HS for HCS for HB 1237 be adopted.

     Senator Wiggins offered SA 1:

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 55, Section 172.273, Line 16, by inserting immediately after said line the following:

     "253.385. 1. Pursuant to the provisions of section 48 of article III of the Constitution of the state of Missouri, the department of natural resources is hereby authorized to acquire by purchase from funds appropriated or otherwise available to the department or to acquire by gift, the Rice-Tremonti Home at 66th and Blue Ridge Boulevard in Raytown, Missouri, for the establishment of a state historic site as a tribute to Archibald Rice and his family who supplied food and other essentials to pioneers striking out for a new home in the great westward expansion.

     2. In acquiring this home, which may include both real and personal property, the department shall make adequate provisions for the proper care, maintenance and safekeeping of the property so that the home will be a historic reminder of the sacrifices of our forefathers and ensure that the home is to be used and enjoyed by all the citizens of this state.

     3. The attorney general shall approve the form of the instrument of conveyance."; and

     Further amend the title and enacting clause accordingly.

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

     President Wilson assumed the Chair.

     Senator Howard resumed the Chair.

     Senator Maxwell offered SA 2:

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 24, Section 135.110, Line 25 of said page, by inserting immediately before said line the following:

     "135.100. As used in sections 135.100 to 135.150 the following terms shall mean:

     (1) "Commencement of commercial operations" shall be deemed to occur during the first taxable year for which the new business facility is first available for use by the taxpayer, or first capable of being used by the taxpayer, in the revenue producing enterprise in which the taxpayer intends to use the new business facility;

     (2) "Existing business facility", any facility in this state which was employed by the taxpayer claiming the credit in the operation of a revenue producing enterprise immediately prior to an expansion, acquisition, addition, or replacement;

     (3) "Facility", any building used as a revenue producing enterprise located within the state, including the land on which the facility is located and all machinery, equipment and other real and depreciable tangible personal property acquired for use at and located at or within such facility and used in connection with the operation of such facility;

     (4) "New business facility", a facility which satisfies the following requirements:

     (a) Such facility is employed by the taxpayer in the operation of a revenue producing enterprise. Such facility shall not be considered a new business facility in the hands of the taxpayer if the taxpayer's only activity with respect to such facility is to lease it to another person or persons. If the taxpayer employs only a portion of such facility in the operation of a revenue producing enterprise, and leases another portion of such facility to another person or persons or does not otherwise use such other portions in the operation of a revenue producing enterprise, the portion employed by the taxpayer in the operation of a revenue producing enterprise shall be considered a new business facility, if the requirements of paragraphs (b), (c), (d) and (e) of this subdivision are satisfied;

     (b) Such facility is acquired by, or leased to, the taxpayer after December 31, 1983. A facility shall be deemed to have been acquired by, or leased to, the taxpayer after December 31, 1983, if the transfer of title to the taxpayer, the transfer of possession pursuant to a binding contract to transfer title to the taxpayer, or the commencement of the term of the lease to the taxpayer occurs after December 31, 1983, or, if the facility is constructed, erected or installed by or on behalf of the taxpayer, such construction, erection or installation is commenced after December 31, 1983;

     (c) If such facility was acquired by the taxpayer from another person or persons and such facility was employed immediately prior to the transfer of title to such facility to the taxpayer, or to the commencement of the term of the lease of such facility to the taxpayer, by any other person or persons in the operation of a revenue producing enterprise, the operation of the same or a substantially similar revenue producing enterprise is not continued by the taxpayer at such facility;

     (d) Such facility is not a replacement business facility, as defined in subdivision (10) of this section; and

     (e) The new business facility investment exceeds one hundred thousand dollars during the tax period in which the credits are claimed;

     (5) "New business facility employee", a person employed by the taxpayer in the operation of a new business facility during the taxable year for which the credit allowed by section 135.110 is claimed, except that truck drivers and rail and barge vehicle operators shall not constitute new business facility employees. A person shall be deemed to be so employed if such person performs duties in connection with the operation of the new business facility on:

     (a) A regular, full-time basis; or

     (b) A part-time basis, provided such person is customarily performing such duties an average of at least twenty hours per week; or

     (c) A seasonal basis, provided such person performs such duties for at least eighty percent of the season customary for the position in which such person is employed;

     (6) "New business facility income", the Missouri taxable income, as defined in chapter 143, RSMo, derived by the taxpayer from the operation of the new business facility. For the purpose of apportionment as prescribed in this subdivision, the term "Missouri taxable income" means, in the case of insurance companies, direct premiums as defined in chapter 148, RSMo. If a taxpayer has income derived from the operation of a new business facility as well as from other activities conducted within this state, the Missouri taxable income derived by the taxpayer from the operation of the new business facility shall be determined by multiplying the taxpayer's Missouri taxable income, computed in accordance with chapter 143, RSMo, or in the case of an insurance company, computed in accordance with chapter 148, RSMo, by a fraction, the numerator of which is the property factor, as defined in paragraph (a) of this subdivision, plus the payroll factor, as defined in paragraph (b) of this subdivision, and the denominator of which is two:

     (a) The property factor is a fraction, the numerator of which is the new business facility investment certified for the tax period, and the denominator of which is the average value of all the taxpayer's real and depreciable tangible personal property owned or rented and used in this state during the tax period. The average value of all such property shall be determined as provided in chapter 32, RSMo;

     (b) The payroll factor is a fraction, the numerator of which is the total amount paid during the tax period by the taxpayer for compensation to persons qualifying as new business facility employees, as determined by subsection 4 of section 135.110, at the new business facility, and the denominator of which is the total amount paid in this state during the tax period by the taxpayer for compensation. The compensation paid in this state shall be determined as provided in chapter 32, RSMo. For the purpose of this subdivision, "other activities conducted within this state" shall include activities previously conducted at the expanded, acquired or replaced facility at any time during the tax period immediately prior to the tax period in which commencement of commercial operations occurred;

     (7) "New business facility investment", the value of real and depreciable tangible personal property, acquired by the taxpayer as part of the new business facility, which is used by the taxpayer in the operation of the new business facility, during the taxable year for which the credit allowed by section 135.110 is claimed, except that trucks, truck-trailers, truck semitrailers, rail and barge vehicles and other rolling stock for hire, track, switches, barges, bridges, tunnels and rail yards and spurs shall not constitute new business facility investments. The total value of such property during such taxable year shall be:

     (a) Its original cost if owned by the taxpayer; or

     (b) Eight times the net annual rental rate, if leased by the taxpayer. The net annual rental rate shall be the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals.

The new business facility investment shall be determined by dividing by twelve the sum of the total value of such property on the last business day of each calendar month of the taxable year. If the new business facility is in operation for less than an entire taxable year, the new business facility investment shall be determined by dividing the sum of the total value of such property on the last business day of each full calendar month during the portion of such taxable year during which the new business facility was in operation by the number of full calendar months during such period;

     (8) "Office", a regional, national or international headquarters, a telemarketing operation, a computer operation, an insurance company, a passenger transportation ticket/reservation system or a credit card billing and processing center. For the purposes of this subdivision, "headquarters" means the administrative management of at least four integrated facilities operated by the taxpayer or related taxpayer. An office, as defined in this subdivision, when established must create and maintain positions for a minimum number of twenty-five new business facility employees as defined in subdivision (5) of this section;

     (9) "Related taxpayer" shall mean:

     (a) A corporation, partnership, trust or association controlled by the taxpayer;

     (b) An individual, corporation, partnership, trust or association in control of the taxpayer; or

     (c) A corporation, partnership, trust or association controlled by an individual, corporation, partnership, trust or association in control of the taxpayer. For the purposes of sections 135.100 to 135.150, "control of a corporation" shall mean ownership, directly or indirectly, of stock possessing at least fifty percent of the total combined voting power of all classes of stock entitled to vote; "control of a partnership or association" shall mean ownership of at least fifty percent of the capital or profits interest in such partnership or association; and "control of a trust" shall mean ownership, directly or indirectly, of at least fifty percent of the beneficial interest in the principal or income of such trust; ownership shall be determined as provided in section 318 of the U.S. Internal Revenue Code;

     (10) "Replacement business facility", a facility otherwise described in subdivision (4) of this section, hereafter referred to in this subdivision as "new facility", which replaces another facility, hereafter referred to in this subdivision as "old facility", located within the state, which the taxpayer or a related taxpayer previously operated but discontinued operating on or before the close of the first taxable year in which the credit allowed by this section is claimed. A new facility shall be deemed to replace an old facility if the following conditions are met:

     (a) The old facility was operated by the taxpayer or a related taxpayer during the taxpayer's or related taxpayer's taxable period immediately preceding the taxable year in which commencement of commercial operations occurs at the new facility; and

     (b) The old facility was employed by the taxpayer or a related taxpayer in the operation of a revenue producing enterprise and the taxpayer continues the operation of the same or substantially similar revenue producing enterprise at the new facility. Notwithstanding the preceding provisions of this subdivision, a facility shall not be considered a replacement business facility if the taxpayer's new business facility investment, as computed in subsection 5 of section 135.110, in the new facility during the tax period in which the credits allowed in sections 135.110, 135.225 and 135.235 and the exemption allowed in section 135.220 are claimed exceed one million dollars or, if less, two hundred percent of the investment in the old facility by the taxpayer or related taxpayer, and if the total number of employees at the new facility exceeds the total number of employees at the old facility by at least two except that the total number of employees at the new facility exceeds the total number of employees at the old facility by at least twenty-five if an office as defined in subdivision (8) of this section is established by a revenue producing enterprise other than a revenue producing enterprise defined in paragraphs (a) to (g) and (i) to (l) of subdivision (11) of this section;

     (11) "Revenue producing enterprise" means:

     (a) Manufacturing activities classified as SICs 20 through 39;

     (b) Agricultural activities classified as [SIC 025] SICs 01 through 02;

     (c) Rail transportation terminal activities classified as SIC 4013;

     (d) Motor freight transportation terminal activities classified as SIC 4231;

     (e) Public warehousing and storage activities classified as SICs 422 and 423 except SIC 4221, miniwarehouse warehousing and warehousing self- storage;

     (f) Water transportation terminal activities classified as SIC 4491;

     (g) Wholesale trade activities classified as SICs 50 and 51;

     (h) Insurance carriers activities classified as SICs 631, 632 and 633;

     (i) Research and development activities classified as SIC 873, except 8733;

     (j) Farm implement dealer activities classified as SIC 5999;

     (k) Interexchange telecommunications services as defined in subdivision (20) of section 386.020, RSMo, or training activities conducted by an interexchange telecommunications company as defined in subdivision (19) of section 386.020, RSMo;

     (l) Recycling activities classified as SIC 5093;

     (m) Office activities as defined in subdivision (8) of this section, notwithstanding SIC classification;

     (n) Mining activities classified as SICs 10 through 14;

     (o) The administrative management of any of the foregoing activities; or

     (p) Any combination of any of the foregoing activities;

     (12) "Same or substantially similar revenue producing enterprise", a revenue producing enterprise in which the nature of the products produced or sold, or activities conducted, are similar in character and use or are produced, sold, performed or conducted in the same or similar manner as in another revenue producing enterprise;

     (13) "SIC", the standard industrial classification as such classifications are defined in the 1987 edition of the Standard Industrial Classification Manual as prepared by the Executive Office of the President, Office of Management and Budget;

     (14) "Taxpayer", an individual proprietorship, corporation described in section 143.441 or 143.471, RSMo, and partnership or an insurance company subject to the tax imposed by chapter 148, RSMo."; and

     Further amend said bill, page 36, section 135.207, line 25 of said page, by inserting immediately before said line, the following:

     "135.200. The following terms, whenever used in sections 135.200 to 135.256, mean:

     (1) "Department", the department of economic development;

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

     (3) "Facility", any building used as a revenue producing enterprise located within an enterprise zone, including the land on which the facility is located and all machinery, equipment and other real and depreciable tangible personal property acquired for use at and located at or within such facility and used in connection with the operation of such facility;

     (4) "Governing authority", the body holding primary legislative authority over a county or incorporated municipality;

     (5) "New business facility" shall have the meaning defined in section 135.100, except that the term "lease" as used therein shall not include the leasing of property defined in paragraph (d) of subdivision (6) of this section;

     (6) "Revenue producing enterprise", means:

     (a) Manufacturing activities classified as SICs 20 through 39;

     (b) Agricultural activities classified as [SIC 025] SICs 01 through 02;

     (c) Rail transportation terminal activities classified as SIC 4013;

     (d) Renting or leasing of residential property to low and moderate income persons as defined in federal law, 42 U.S.C. 5302(a)(20);

     (e) Motor freight transportation terminal activities classified as SIC 4231;

     (f) Public warehousing and storage activities classified as SICs 422 and 423 except SIC 4221, miniwarehouse warehousing and warehousing self- storage;

     (g) Water transportation terminal activities classified as SIC 4491;

     (h) Wholesale trade activities classified as SICs 50 and 51;

     (i) Insurance carriers activities classified as SICs 631, 632 and 633;

     (j) Research and development activities classified as SIC 873, except 8733;

     (k) Farm implement dealer activities classified as SIC 5999;

     (l) Employment agency activities classified as SIC 7361;

     (m) Computer programming, data processing and other computer related activities classified as SIC 737;

     (n) Health service activities classified as SICs 801, 802, 803, 804, 806, 807, 8092 and 8093;

     (o) Interexchange telecommunications as defined in subdivision (20) of section 386.020, RSMo, or training activities conducted by an interexchange telecommunications company as defined in subdivision (19) of section 386.020, RSMo;

     (p) Recycling activities classified as SIC 5093;

     (q) Banking activities classified as SICs 602 and 603;

     (r) Office activities as defined in subdivision (8) of section 135.100, notwithstanding SIC classification;

     (s) Mining activities classified as SICs 10 through 14;

     (t) The administrative management of any of the foregoing activities; or

     (u) Any combination of any of the foregoing activities;

     (7) "Satellite zone", a noncontiguous addition to an existing state designated enterprise zone;

     (8) "SIC", the standard industrial classification as such classifications are defined in the 1987 edition of the Standard Industrial Classification Manual as prepared by the Executive Office of the President, Office of Management and Budget."; and

     Further amend the title and enacting clause accordingly.

     Senator Maxwell moved that the above amendment be adopted.

     At the request of Senator Maxwell, HS for HCS for HB 1237, with SCS, SS for SCS, and SA 2 (pending), was placed on the Informal Calendar.

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SCS for HCS for HB 1010, as amended: Senators Lybyer, Wiggins, Goode, Russell and Melton.

     Senator Maxwell moved that HS for HCS for HB 1237, with SCS, SS for SCS, and SA 2 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

     SA 2 was again taken up.

     At the request of Senator Maxwell, the above amendment was withdrawn.

     Senator Maxwell offered SA 3:

     Amend Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1237, Page 140, Section 13, Line 27, by striking the period "." and inserting in lieu thereof a semicolon ";" and the following:

     "(6) There is at least one other state that the applicant verifies is being considered for the project;

     (7) A significant disparity is identified, using best available date in the projected costs for the applicant's project compared to the costs in the competing state, including the impact of the competing state's incentive programs. The competing state's incentive program shall include state, local, private and federal funds."; and

     Further amend said bill, page 141, section 14, line 15, by striking the period "." and inserting in lieu thereof a semicolon ";"; and the following:

     "(8) The magnitude of the cost differential between Missouri and the competing state."; and

     Further amend said bill, page 142, section 16, line 11, by striking the period "." and inserting in lieu thereof a semicolon ";"; and the following:

     "(6) A requirement that the taxpayer shall maintain operations at the project location for at least two times the number of years as the term of the tax credit.".

     Senator Maxwell moved that the above amendment be adopted.

     Senator McKenna assumed the Chair.

     At the request of Senator Maxwell, HS for HCS for HB 1237, with SCS, SS for SCS, and SA 3 (pending), was placed on the Informal Calendar.

     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 HCS for HB 1099, as amended, and has again taken up and passed SCS for HCS for HB 1099.

     Emergency clause adopted.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SCA 1, 2, 3, 4, SAs 1, 2, 3, 4, 5, 6, 7, 11, 12, 13, 14, 15 to HCS for HB 991 and request the Senate to recede from its position or, failing to do so, grant the House a conference.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SCS for HS for HCS for HBs 1301 and 1298, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conference committee, to act with a like committee from the Senate on HCS for HB 781, as amended: Representatives Stokan, Williams (121), Sears, Whiteside, McClelland.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conference committee, to act with a like committee from the Senate on SCS for HCS for HB 1010: Representatives Lumpe, Lakin, Carter, Donovan and Shields.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report No. 3 on SCS for HCS for HB 1010 and has taken up and passed CCS No. 3 for SCS for HCS for HB 1010.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HS for HB 832 and has taken up and passed CCS for HS for HB 832.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HCS for HB 1013 and has again taken up and passed SCS for HCS for HB 1013.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SCA 1, SA 1, SA 2 to HB 905 and request the Senate to recede from its position or, failing to do so, grant the House a conference.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 1011 and has taken up and passed CCS for SCS for HCS for HB 1011.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on SCS for HCS for HB 1012 and has taken up and passed CCS for SCS for HCS for HB 1012.

     HCS for HB 1020, with SCS, entitled:

     An Act to appropriate money for expenses, grants, equity contributions, debt service retirement, planning, and for capital improvements including but not limited to major additions and renovations, new structures, and land improvements or acquisitions, and to transfer money among certain funds.

     Was taken up by Senator Lybyer.

     SCS for HCS for HB 1020, entitled:

     An Act to appropriate money for expenses, grants, equity contributions, debt service retirement, utility services expansions and extensions, planning, and for capital improvements including but not limited to major additions and renovations, new structures, and land improvements or acquisitions, and to transfer money among certain funds.

     Was taken up.

     Senator Lybyer moved that SCS for HCS for HB 1020 be adopted.

     Senator Banks offered SA 1, which was read:

     Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1020, Page 12, Section 20.152, Lines 1-5, by deleting all of said section.

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

     Senator Lybyer moved that SCS for HCS for HB 1020 be adopted, which motion prevailed.

     On motion of Senator Lybyer, SCS for HCS for HB 1020 was read the 3rd time and passed by the following vote:

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

     The President declared the bill passed.

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

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

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

     President Pro Tem Mathewson resumed the Chair.

     Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1010, as amended, submitted the following conference committee report no. 3:

     Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1010, as amended, begs leave to report that we, after open, free and fair discussion of the differences between the Senate and House, have agreed to recommend and do recommend to the respective bodies as follows:

     That the House recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1010, as amended, and that the Senate recede from its position on House Committee Substitute for House Bill No. 1010, and Conference Committee Substitute No. 3 for House Bill No. 1010, be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Mike Lybyer      /s/ Sheila Lumpe

/s/ Harry Wiggins      /s/ Scott B. Lakin

/s/ Wayne Goode      /s/ Paula J. Carter

/s/ Emory Melton      /s/ Laurie Donovan

/s/ John T. Russell      /s/ Charlie Shields

     Senator Lybyer moved that the above conference committee report be adopted, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	Graves	House	Howard
Johnson	Kenney	Kinder	Klarich
Lybyer	Mathewson	Maxwell	McKenna
Melton	Moseley	Mueller	Quick
Rohrbach	Russell	Schneider	Sims
Singleton	Staples	Treppler	Westfall
Wiggins--33
	Nays--Senators--None
	Absent--Senators--None
	Absent with leave--Senator Scott--1

     On motion of Senator Lybyer, CCS NO. 3 for HB 1010, entitled:

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Mental Health and the Department of Health, and the several divisions and programs thereof and the Missouri Health Facilities Review Committee to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1996 and ending June 30, 1997.

     Was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	Graves	House	Howard
Johnson	Kenney	Kinder	Klarich
Lybyer	Mathewson	Maxwell	McKenna
Melton	Moseley	Mueller	Quick
Rohrbach	Russell	Schneider	Sims
Singleton	Staples	Treppler	Westfall
Wiggins--33
	Nays--Senators--None
	Absent--Senators--None
	Absent with leave--Senator Scott--1

     The President Pro Tem declared the bill passed.

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

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

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

     Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1011, submitted the following conference committee report:

     Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1011, begs leave to report that we, after open, free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1011, and that the House recede from its position on House Committee Substitute for House Bill No. 1011, and the Conference Committee Substitute for House Bill No. 1011, be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Mike Lybyer      /s/ Sheila Lumpe

/s/ Harry Wiggins      /s/ Scott B. Lakin

/s/ Wayne Goode      /s/ Charles Q. Troupe

/s/ Emory Melton      /s/ Pat Kelley

/s/ John T. Russell      /s/ Connie Murray

     Senator Lybyer moved that the above conference committee report be adopted, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	Graves	House	Howard
Johnson	Kenney	Kinder	Klarich
Lybyer	Mathewson	Maxwell	McKenna
Melton	Moseley	Mueller	Quick
Rohrbach	Russell	Schneider	Sims
Singleton	Staples	Treppler	Westfall
Wiggins--33
	Nays--Senators--None
	Absent--Senators--None
	Absent with leave--Senator Scott--1

     On motion of Senator Lybyer, CCS for HB 1011, entitled:

     An Act to appropriate money for the expenses, grants, and distributions of the Department of Social Services and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1996 and ending June 30, 1997.

     Was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Ehlmann	Flotron
Goode	Graves	House	Howard
Johnson	Kenney	Kinder	Klarich
Lybyer	Mathewson	Maxwell	McKenna
Melton	Moseley	Mueller	Quick
Rohrbach	Russell	Schneider	Sims
Singleton	Staples	Treppler	Westfall
Wiggins--33
	Nays--Senators--None
	Absent--Senators--None
	Absent with leave--Senator Scott--1

     The President Pro Tem declared the bill passed.

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

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

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

     Senator Lybyer, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HB 1012, submitted the following conference committee report:

     Mr. President: Your Conference Committee appointed to confer with a like committee from the House on Senate Committee Substitute for House Committee Substitute for House Bill No. 1012, begs leave to report that we, after open, free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

     That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1012, and that the House recede from its position on House Committee Substitute for House Bill No. 1012, and the Conference Committee Substitute for House Bill No. 1012, be adopted.

FOR THE SENATE:     FOR THE HOUSE:

/s/ Mike Lybyer      /s/ Sheila Lumpe

/s/ Harry Wiggins      /s/ Scott B.Lakin

/s/ Wayne Goode      /s/ Timothy Green

/s/ Emory Melton      /s/ Sandra D. Kauffman

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

     Senator Lybyer moved that the above conference committee report be adopted, which motion prevailed by the following vote:

	Yeas--Senators
Banks	Bentley	Clay	Curls
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Kinder	Lybyer	Mathewson
Maxwell	McKenna	Moseley	Quick
Rohrbach	Schneider	Sims	Staples
Treppler	Westfall	Wiggins--27
	Nays--Senators
Caskey	Klarich	Melton	Mueller
Russell--5
	Absent--Senators--None
	Absent with leave--Senators
Scott	Singleton--2

     On motion of Senator Lybyer, CCS for HB 1012, entitled:

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Chief Executive's Office and Mansion, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Missouri Prosecuting Attorneys and Circuit Attorneys Retirement System, and the Judiciary and the Office of the State Public Defender, and the several divisions and programs thereof, and for the payment of salaries and mileage of members of the State Senate and the House of Representatives and Contingent expenses of the General Assembly, including salaries and expenses of elective and appointive officers and necessary capital improvements expenditures; for salaries and expenses of members and employees and other necessary operating expenses of the Missouri Commission on Interstate Cooperation, the Committee on Legislative Research, the Committee on Public Employee Retirement, the Committee on Administrative Rules, the Joint Committee on Capital Improvements Oversight and the Joint Committee on Economic Development; and for the expenses of the interim committees established by the General Assembly, to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1996 and ending June 30, 1997.

     Was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Clay	Curls
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Kinder	Klarich	Lybyer
Mathewson	Maxwell	McKenna	Moseley
Quick	Rohrbach	Schneider	Sims
Staples	Treppler	Westfall	Wiggins--28
	Nays--Senators
Caskey	Melton	Mueller	Russell--4
	Absent--Senators--None
	Absent with leave--Senators
Scott	Singleton--2

     The President Pro Tem declared the bill passed.

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

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

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

     Senator Wiggins resumed the Chair.

     Senator Moseley moved that the Senate refuse to recede from its position on SCS for HS for HCS for HBs 1301 and 1298, as amended, and grant the House a conference thereon, which motion prevailed.

     Senator DePasco moved that the Senate refuse to recede from its position on SCA 1, SA 1 and SA 2 to HB 905 and grant the House a conference thereon, which motion prevailed.

     President Pro Tem Mathewson referred HS for HCS for HB 1172, with SCS, to the Committee on State Budget Control.

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HB 905, as amended: Senators DePasco, Quick, McKenna, Treppler and Russell.

     Also,

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SCS for HS for HCS for HBs 1301 and 1298, as amended: Senators Moseley, Caskey, Johnson, Westfall and Klarich.

     Also,

     President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HCS for HB 781, as amended: Senators House, Flotron, Caskey, Bentley and Mathewson.

     HB 809, with SCA 1, was placed on the Informal Calendar.

     HB 979, with SCA 1, introduced by Representative Crump, entitled:

     An Act to amend chapters 140 and 141, RSMo, by adding thereto one new section to each such chapter for the purpose of preserving valid covenants and easements upon real property after certain sales of land.

     Was taken up by Senator McKenna.

     SCA 1 was taken up.

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

     Senator Quick assumed the Chair.

     On motion of Senator McKenna, HB 979, as amended, was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Curls
DePasco	Ehlmann	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Kinder	Klarich	Mathewson
Maxwell	McKenna	Melton	Mueller
Quick	Rohrbach	Russell	Sims
Treppler	Westfall	Wiggins--27
	Nays--Senators--None
	Absent--Senators
Clay	Lybyer	Moseley	Schneider
Staples--5
	Absent with leave--Senators
Scott	Singleton--2

     Senator Johnson assumed the Chair.

     The President declared the bill passed.

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

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

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

     HCS for HBs 1376 and 1501, with SCS, entitled:

     An Act to repeal sections 162.955, 162.961 and 162.963, RSMo 1994, relating to special education due-process hearings, and to enact in lieu thereof four new sections relating to the same subject.

     Was taken up by Senator Bentley.

     SCS for HCS for HBs 1376 and 1501, entitled:

     An Act to repeal sections 162.955, 162.961 and 162.963, RSMo 1994, relating to special education due- process hearings, and to enact in lieu thereof five new sections relating to the same subject.

     Was taken up.

     Senator Bentley moved that SCS for HCS for HBs 1376 and 1501 be adopted.

     Senator Klarich offered SA 1, which was read:

     Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1376 and 1501, Page 1, Section 162.958, Line 1, by inserting immediately after "162.958." the following: "1."; and

     Further amend said section, page 2, line 3, by inserting immediately after said line, the following:

     "2. In due process hearings, other than when the special school district is a party, mediation and all other aspects of its operation, the special school district shall serve as an advocate for handicapped and severely handicapped children resident in the special school district.".

     Senator Klarich moved that the above amendment be adopted.

     At the request of Senator Klarich, SA 1 was withdrawn.

     Senator Bentley moved that SCS for HCS for HBs 1376 and 1501 be adopted, which motion prevailed.

     On motion of Senator Bentley, SCS for HCS for HBs 1376 and 1501 was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	Clay
Curls	DePasco	Flotron	Goode
Graves	House	Howard	Johnson
Kenney	Klarich	Lybyer	Mathewson
McKenna	Melton	Moseley	Mueller
Quick	Rohrbach	Russell	Schneider
Sims	Treppler	Westfall	Wiggins--28
	Nays--Senators--None
	Absent--Senators
Ehlmann	Kinder	Maxwell	Staples--4
	Absent with leave--Senators
Scott	Singleton--2

     The President declared the bill passed.

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

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

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

     On motion of Senator Banks, the Senate recessed for 20 minutes.

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

     HS for HB 1368, with SCS, introduced by Representative May (108), entitled:

     An Act to repeal sections 288.050, 288.070, 288.100, 288.110, 288.113, 288.130, 288.140, 288.160, 288.190, 288.200, 288.380 and 347.187, RSMo 1994, and sections 288.030, 288.032, 288.036, 288.040, 288.114, 351.488 and 358.150, RSMo Supp. 1995, relating to streamlining of employment security programs, and to enact in lieu thereof eighteen new sections relating to the same subject, with an effective date for certain sections.

     Was taken up by Senator McKenna.

     SCS for HS for HB 1368, entitled:

     An Act to repeal sections 288.050, 288.070, 288.100, 288.110, 288.113, 288.130, 288.140, 288.160, 288.190, 288.200, 288.380, 347.015 and 347.187, RSMo 1994, and sections 288.030, 288.032, 288.036, 288.114, 351.488 and 358.150, RSMo Supp. 1995, relating to streamlining of employment security programs, and to enact in lieu thereof eighteen new sections relating to the same subject, with an effective date for a certain section.

     Was taken up.

     Senator McKenna moved that SCS for HS for HB 1368 be adopted.

     Senator McKenna offered SA 1:

     Amend Senate Committee Substitute for House Substitute for House Bill No. 1368, Pages 22-25, Section 288.110, Lines 1-106, by removing all of said section from the bill; and also Section B, Page 43, by striking all of said section from the bill; and

     Further amend the title and enacting clause accordingly.

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

     Senator House offered SA 2:

     Amend Senate Committee Substitute for House Substitute for House Bill No. 1368, Page 1, In the Title, Line 3, by inserting after the figure "288.380" the following: ", 327.401"; and

     Further amend said bill, Page 1, In the Title, Lines 5-6, by deleting all of said lines and inserting in lieu thereof the following: "and 358.150, RSMo Supp. 1995, relating to regulation of businesses, and to enact in lieu thereof nineteen"; and

     Further amend said bill, Page 1, Section A, Line 2, by inserting after the figure "288.380" the following: ", 327.401"; and

     Further amend said bill, Page 1, Section A, Line 4, by deleting the word "eighteen" and inserting in lieu thereof the following: "nineteen"; and

     Further amend said bill, Page 1, Section A, Line 7, by inserting after the figure "288.380," the following: "327.401," and

     Further amend said bill, Page 38, Section 288.380, Line 236, by inserting after all of said line the following:

     "327.401. 1. The right to engage in the practice of architecture or to practice as a professional engineer or to practice as a land surveyor shall be deemed a personal right, based upon the qualifications of the individual, evidenced by his or her certificate of registration and shall not be transferable; but any registered architect or any registered professional engineer or any registered land surveyor may practice his or her profession through the medium of, or as a member or as an employee of, a partnership or corporation if the plans, specifications, estimates, plats, reports, surveys or other like documents or instruments of the partnership or corporation are signed and stamped with the personal seal of the registered architect or registered professional engineer or registered land surveyor by whom or under whose personal direction the same were prepared and that the registered architect or registered engineer or registered land surveyor who affixes his or her signature and personal seal to any such plans, specifications, estimates, plats, reports or other documents or instruments shall be personally and professionally responsible therefor.

     2. Any domestic corporation formed under the [general and business corporation law or under the professional] corporation law of this state, or any foreign corporation, now or hereafter organized and having as one of its purposes the practicing of architecture or professional engineering or land surveying and any existing corporation which amends its charter to propose to practice architecture or professional engineering or land surveying shall obtain a certificate of authority for each profession named in the articles of incorporation or articles of organization from the board which shall be renewed in accordance with the provisions of section 327.171 or 327.261 or 327.351, as the case may be, and from and after the date of such certificate of authority and while the authority or a renewal thereof is in effect, may offer and render architectural or professional engineering or land surveying services in this state if:

     (1) At all times during the authorization or any renewal thereof the directors of the corporation shall have assigned responsibility for the proper conduct of all its architectural or professional engineering or land surveying activities in this state to an architect registered and authorized to practice architecture in this state or to a professional engineer registered and authorized to practice engineering in this state or to a land surveyor registered and authorized to practice land surveying in this state, as the case may be; and

     (2) The person or persons who is or are personally in charge and supervises or supervise the architectural or professional engineering or land surveying activities, as the case may be, of any such corporation in this state shall be registered and authorized to practice architecture or professional engineering or land surveying, as the case may be, as provided in this chapter; and

     (3) The corporation pays such fees for the certificate of authority, renewals or reinstatements thereof as are required.

     3. As used in this section, the term "corporation" means any general business corporation, or limited liability company.".

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

     Senator Caskey offered SA 3:

     Amend Senate Committee Substitute for House Substitute for House Bill No. 1368, Page 43, Section 358.150, Line 41, by inserting immediately after said line the following:

     "Section 1. Notwithstanding any other provision of law to the contrary, insurance companies providing coverage pursuant to chapter 287, RSMo, shall provide the option for a limited liability company, as defined in subdivision (10) of section 347.015, to insure employees other than members and other persons in an ownership capacity, and also shall provide the option to insure employees, members and other persons in an ownership capacity."; and

     Further amend the title and enacting clause accordingly.

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

     Senator Klarich offered SA 4:

     Amend Senate Committee Substitute for House Substitute for House Bill No. 1368, Page 30, Section 288.190, Line 63, by inserting after all of said line the following:

     "5. Any party subject to any decision of an appeals tribunal pursuant to this chapter has a right to counsel and shall be notified prior to a hearing conducted pursuant to this chapter that a decision of the appeals tribunal is presumptively conclusive for the purposes of this chapter.".

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

     Senator McKenna moved that SCS for HS for HB 1368, as amended, be adopted, which motion prevailed.

     On motion of Senator McKenna, SCS for HS for HB 1368 was read the 3rd time and passed by the following vote:

	Yeas--Senators
Banks	Bentley	Caskey	DePasco
Ehlmann	Flotron	Goode	Graves
House	Howard	Johnson	Kenney
Klarich	Lybyer	Mathewson	Maxwell
McKenna	Melton	Mueller	Quick
Rohrbach	Russell	Schneider	Sims
Treppler	Westfall	Wiggins--27
	Nays--Senators--None
	Absent--Senators
Clay	Curls	Kinder	Moseley
Staples--5
	Absent with leave--Senators
Scott	Singleton--2

     The President Pro Tem declared the bill passed.

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

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

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

     HB 1362, with SCS, introduced by Representative Evans, et al, entitled:

     An Act to repeal sections 197.305 and 344.030, RSMo 1994, relating to nursing facilities, and to enact in lieu thereof two new sections relating to the same subject.

     Was taken up by Senator Flotron.

     SCS for HB 1362, entitled:

     An Act to repeal sections 197.300, 197.305, 197.310, 197.317 and 334.030, RSMo 1994, sections 197.312 and 197.316, RSMo Supp. 1995, and section 197.318, as truly agreed to and finally passed in house committee substitute for senate bill no. 575, second regular session of the 88th general assembly and signed by the governor on February 20, 1996, relating to nursing facilities and the Missouri health certificate of need law, and to enact nine new sections relating to the same subject, with penalty provisions and an emergency clause.

     Senator Flotron moved that SCS for HB 1362 be adopted.

     Senator Flotron offered SS for SCS for HB 1362, entitled:

     An Act to repeal sections 197.300, 197.305, 197.317 and 334.030, RSMo 1994, section 197.312, RSMo Supp. 1995, and section 197.318, as truly agreed to and finally passed in house committee substitute for senate bill no. 575, second regular session of the 88th general assembly and signed by the governor on February 20, 1996, relating to the Missouri health certificate of need law, and to enact seven new sections relating to the same subject, with penalty provisions and an emergency clause.

     Senator Flotron moved that SS for SCS for HB 1362 be adopted.

     Senator Sims offered SA 1, which was read:

     Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1362, Page 7, Section 197.317, Line 18, by removing the brackets around 1998 and remove 1999; and

     Further on line 23, delete brackets around 1999 and remove 2000; and

     Further on page 9 line 19 delete brackets around 1998 and delete 1999.

     Senator Sims moved that the above amendment be adopted.

     At the request of Senator Flotron, HB 1362, with SCS, SS for SCS and SA 1 (pending), was placed on the Informal Calendar.

     The following messages were received from the House of Representatives through its Chief Clerk:

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HB 811 and has taken up and passed CCS for HB 811.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conference committee, to act with a like committee from the Senate on SCS for HS for HCS for HBs 1301 and 1298, as amended: Representatives McLuckie, Kelly (27), May, McClelland, Ostmann.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conference committee, to act with a like committee from the Senate on HB 905, as amended: Representatives Rizzo, Troupe, Scheve, Kelly (47), Ross.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for SB 676 and has taken up and passed SB 676 as amended by the Conference Committee Report.

     Bill ordered enrolled.

     Also,

     Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HCS for HB 1020 and has again taken up and passed SCS for HCS for HB 1020.

     Senator Kenney offered Senate Resolution No. 1398, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Stanley Pence, Lee's Summit, which was adopted.

     Senator Mathewson offered Senate Resolution No. 1399, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Kenneth Lee Steele, Sedalia, which was adopted.

     Senator Moseley introduced to the Senate, Mrs. Long and fourth grade students from Harrisburg; and Chelsea Turner, Ashley Grunder, Josh Oppenlander and Justin McBee were made honorary pages.

     On motion of Senator Banks, the Senate adjourned until 9:30 a.m., Monday, May 13, 1996.