SENATE JOURNAL - SEVENTY-FIFTH DAY--THURSDAY, MAY 16, 1996

Journal of the Senate

SECOND REGULAR SESSION

SEVENTY-FIFTH DAY--THURSDAY, MAY 16, 1996

The Senate met pursuant to adjournment.

President Pro Tem Mathewson in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, the apostle Paul admonished his friends in Galatia, "Let us not be weary in well doing." At this time of year we grow weary and the temptation is to either give in or give up. We pray for strength and wisdom to see us through until the job is done. We ask that You be with us. 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 Scott
Sims Singleton Staples Treppler
Westfall Wiggins--34

Absent with leave--Senators--None

The Lieutenant Governor was present.

CONCURRENT RESOLUTIONS

Senator Banks moved that HCR 13, with SCA 1, be taken up for adoption, which motion prevailed.

SCA 1 was taken up.

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

On motion of Senator Banks, HCR 13, as amended, was adopted by the following vote:

Yeas--Senators
Banks Caskey Clay DePasco
Ehlmann Flotron Goode Johnson
Kenney Kinder Lybyer Mathewson
Maxwell McKenna Melton Moseley
Quick Rohrbach Russell Sims
Singleton Staples Treppler Westfall
Wiggins--25

Nays--Senators--None

Absent--Senators
Bentley Curls Graves Howard
Klarich Mueller Schneider--7

Absent with leave--Senators
House Scott--2

Senator Maxwell moved that HCR 10 be taken up for adoption, which motion prevailed.

On motion of Senator Maxwell, HCR 10 was adopted by the following vote:

`
Yeas--Senators
Banks Caskey Clay Curls
DePasco Ehlmann Flotron Goode
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Melton Moseley Quick
Rohrbach Russell Sims Singleton
Staples Treppler Westfall Wiggins--28

Nays--Senators--None

Absent--Senators
Bentley Graves Schneider--3

Absent with leave--Senators
House Mueller Scott--3

RESOLUTIONS

Senator Ehlmann moved that SR 1400 be taken up for adoption, which motion prevailed.

On motion of Senator Ehlmann, SR 1400 was adopted.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SB 500.

With House Amendment No. 1.

HOUSE AMENDMENT NO. 1

Amend Senate Bill No. 500, Page 1, Section 136.400, Line 5, by inserting after the word "refunded" the following:

"and certify annually to the general assembly an itemized list and definition of all sources and dollar amounts of total state revenue. Once a source of revenue has been certified as total state revenue by the office of administration, such source shall remain total state revenue in subsequent years unless the source in subsequently excluded from total state revenue pursuant to Article X, section 18 (c) of the Missouri constitution. The amount of excess revenue to be refunded is subject to appeal according to Article X, section 23 of the Missouri constitution".

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed SCS for SB 719.

With House Committee Amendment No. 1, House Amendments Nos. 1 and 2.

HOUSE COMMITTEE AMENDMENT NO. 1

Amend SCS/Senate Bill No. 719, Page 1, Section Title, Line 3-4 by striking the words "public administrators" and inserting in lieu thereof the following: "certain county officials"; and

Further amend said bill, page 9, section 475.050, line 30, by inserting immediately after said line, the following:

"476.405. 1. Within the limits of any appropriation made for this purpose, the salary fixed by sections 211.381, 211.393, 477.130, 478.013, 478.018, 483.083, 483.163, and 485.060, RSMo, may be adjusted in any one year by a salary adjustment. The salary adjustment shall not exceed the salary adjustment for the executive department contained in the pay plan applicable to other state employees at a similar salary level for that fiscal year. If no salary adjustment or a lower salary adjustment is granted pursuant to this section than is granted the executive department in any year, then the salary adjustment granted pursuant to this section in the next fiscal year may exceed the salary adjustment of the executive department by the amount of the difference in the prior year.

2. The amount of a salary adjustment to be approved pursuant to this section shall be stated in a separate line item of the appropriation bill. A salary adjustment approved pursuant to this section shall be added to the statutory salary and the sum of these amounts shall be the statutory salary of the office for all purposes. This statutory salary shall be included in the appropriation bill in the same manner as any other personal service appropriation involving a statutory salary.

3. The office of administration shall maintain a compensation schedule for each fiscal year indicating the highest statutory salary paid for each office specified in sections 211.381, 211.393, 477.130, 478.013, 478.018, 483.083, 483.163, and 485.060, RSMo, and the salary adjustment contained in the pay plan applicable to other state employees generally. The schedule shall be open for public inspection and shall be annually included in the Missouri Register and an appendix to the Revised Statutes of Missouri. For each office for which a salary adjustment is approved pursuant to this section, the revisor of statutes shall place a revisor's note following each section providing compensation for the office referencing the reader to the compensation index.

483.163. 1. Each circuit clerk, except the circuit clerk in any city not within a county, shall cooperate with the prosecuting attorney and division of child support enforcement in the investigation and documentation of possible criminal nonsupport under section 568.040, RSMo, which involves any case or cases for which the clerk is trustee.

2. Other provisions of law to the contrary notwithstanding, for the performance of the duties prescribed in subsection 1 of this section, each circuit clerk, except the circuit clerk in any city not within a county, in addition to any other compensation provided by law, shall receive five thousand dollars per year beginning January 1, 1997. Such compensation shall be payable in equal installments in the same manner and at the same time as other compensation is paid to the circuit clerk.

3. For every year beginning July 1, 1998, the amount of increased compensation established in subsection 2 of this section shall be adjusted by any salary adjustment authorized under section 476.405, RSMo."; and

Further amend the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bill No. 719, Page 8, Section 473.739, Line 3, by deleting the following: "[twenty-five] forty-five" and inserting in lieu thereof the word "twenty-five".

HOUSE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bill No. 719, Page 8, Section 473.747, Lines 6-10 by deleting all of said lines in said section;

And further amend said bill, pages 8 and 9, section 475.050, lines 3 and 4 by deleting the words "in the following order";

And further amend said bill, page 9, section 475.050, lines 15 and 16 by deleting the words "Whenever it is in the interest of the incapacitated or disabled person,";

And further amend said bill by amending the title and enacting clause accordingly.

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 refuses to adopt SS for SCS for HS for HCS for HB 1237, as amended, and requests the Senate to recede from its position and failing to do so, grant the House a conference thereon.

PRIVILEGED MOTIONS

Senator Maxwell moved that the Senate refuse to recede from its position on SS for SCS for HS for HCS for HB 1237, as amended, and grant the House a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SS for SCS for HS for HCS for HB 1237, as amended: Senators Maxwell, Lybyer, Wiggins, Melton and Flotron.

PRIVILEGED MOTIONS

Senator Howard moved that SB 661, with HA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HA 1 was taken up.

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

Yeas--Senators
Banks Caskey Clay Curls
DePasco Ehlmann Flotron Goode
Graves Howard Johnson Kenney
Kinder Lybyer Mathewson Maxwell
McKenna Melton Moseley Quick
Rohrbach Russell Schneider Sims
Singleton Staples Treppler Westfall
Wiggins--29

Nays--Senators--None

Absent--Senators
Bentley Klarich--2

Absent with leave--Senators
House Mueller Scott--3

On motion of Senator Howard, SB 661, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Quick Rohrbach Russell
Schneider Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators--None

Absent with leave--Senators
House Mueller Scott--3

The President Pro Tem 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 Banks moved that motion lay on the table, which motion prevailed.

Bill ordered enrolled.

Senator Treppler moved that SB 876, with HCA 1 and HA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

Senator Wiggins assumed the Chair.

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

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Quick Rohrbach Russell
Sims Singleton Staples Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senator Schneider--1

Absent with leave--Senators
House Mueller Scott--3

HA 1 was taken up.

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

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Quick Rohrbach Russell
Schneider Sims Singleton Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senator Staples--1

Absent with leave--Senators
House Mueller Scott--3

On motion of Senator Treppler, SB 876, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Quick Rohrbach Russell
Sims Singleton Staples Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senator Schneider--1

Absent with leave--Senators
House Mueller Scott--3

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

Senator Staples moved that SB 719, with HCA 1, HAs 1 and 2, be taken up for 3rd reading and final passage, which motion prevailed.

HCA 1 was taken up.

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

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Russell Schneider Scott
Sims Singleton Staples Treppler
Westfall Wiggins--30

Nays--Senator Rohrbach--1

Absent--Senator Quick--1

Absent with leave--Senators
House Mueller--2

Senator Staples moved that the Senate refuse to concur in HA 1 and HA 2 to SB 719 and request the House to recede from its position or failing to do so, grant the Senate a conference thereon, which motion prevailed.

On motion of Senator Staples, SB 719, with HCA 1, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves Howard Kinder
Klarich Mathewson Maxwell McKenna
Melton Moseley Russell Schneider
Scott Sims Singleton Staples
Treppler Westfall Wiggins--27

Nays--Senators
Kenney Rohrbach--2

Absent--Senators
Johnson Lybyer Quick--3

Absent with leave--Senators
House Mueller--2

The President declared the bill passed.

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

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

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

Senator Moseley moved that SCS for SBs 884 and 841, with HS for HCS, as amended, be taken up for 3rd reading and final passage, which motion prevailed.

HS for HCS for SCS for SBs 884 and 841, as amended, entitled:

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 884 AND 841

An Act to repeal sections 552.040, 595.209, 630.110, 630.115, 630.125, 630.140, 630.150, 630.155, 630.160, 630.165, 630.167, 630.168, 630.170, 630.175, 630.192, 630.200, 630.615, 630.620, 630.805, 631.110, 631.115, 631.120, 631.135, 631.140, 631.145, 631.150, 631.165, 632.005, 632.300, 632.305, 632.325, 632.330, 632.335, 632.340, 632.345, 632.350, 632.355, 632.360, 632.365, 632.370, 632.375, 632.380, 632.390, 632.400, 632.410, 632.415, 632.440, 632.455, 633.125 and 633.160, RSMo 1994, and sections 630.005 and 630.053, RSMo Supp. 1995, relating to mental health and to enact in lieu thereof fifty-nine new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Moseley moved that HS for HCS for SCS for SBs 884 and 841, as amended, be adopted, which motion prevailed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Graves Howard Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Melton Moseley Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senators
Goode Johnson--2

Absent with leave--Senators
House Mueller--2

On motion of Senator Moseley, HS for HCS for SCS for SBs 884 and 881, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senators--None

Absent with leave--Senators
House Mueller--2

The President declared the bill passed.

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

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

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

CONFERENCE COMMITTEE REPORTS

Senator Banks, on behalf of the conference committee appointed to act with a like committee from the House on SB 858, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT FOR

SENATE BILL NO. 858 WITH

HOUSE AMENDMENT NO. 1 AND

PART I OF HOUSE AMENDMENT NO. 2, AS AMENDED

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on Senate Bill No. 858, as amended, begs leave to report that we, after 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:

1. That the House recede from its position on Senate Bill No. 858, with House Amendment No. 1 and Part I of House Amendment No. 2, as amended;

2. That Senate Bill No. 858 be truly agreed and finally passed.

FOR THE SENATE: FOR THE HOUSE:

/s/ J.B. "Jet" Banks /s/ Paula J. Carter

/s/ Harry Wiggins /s/ Henry C. Rizzo

/s/ Marvin Singleton /s/ Craig Hosmer

/s/ Joe Moseley /s/ Dale Whiteside

/s/ Betty Sims /s/ Sandra D. Kauffman

Senator Banks 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 Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell Melton Moseley
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senator McKenna--1

Absent with leave--Senators
House Mueller--2

On motion of Senator Banks, SB 858 was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senators--None

Absent with leave--Senators
House Mueller--2

The President declared the bill passed.

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

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

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

HOUSE BILLS ON THIRD READING

Senator Caskey moved that HCS for HBs 800, 812, 817 and 821, with SCS and SS No. 3 for SCS (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

At the request of Senator Caskey, SS No. 3 for SCS for HCS for HBs 800, 812, 817 and 821 was withdrawn.

Senator Caskey offered SS No. 4 for SCS for HCS for HBs 800, 812, 817 and 821, entitled:

SENATE SUBSTITUTE NO. 4 FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 800, 812, 817 AND 821

An Act to repeal sections 105.470, 195.017, 217.730, 302.225, 317.001, 317.006, 367.011, 367.021, 367.031, 367.040, 367.043, 367.044, 367.045, 367.047, 367.048, 367.049, 367.050, 451.020, 479.020, 542.276, 544.170, 546.680, 556.037, 562.021, 562.026, 566.067, 566.068, 569.170, 570.210, 574.085, 575.010, 575.020, 575.030, 575.090, 590.110, 595.025 and 595.045, RSMo 1994, sections 544.157, 549.525, 565.084 and 600.042, RSMo Supp. 1995, and section 544.216 as enacted by the second regular session of the eighty-eighth general assembly in conference committee substitute for senate substitute no. 2 for senate substitute for house bill no. 1047 and signed by the governor on March 13, 1996, relating to crime, and to enact in lieu thereof sixty-two new sections relating to the same subject, with penalty provisions and an emergency clause for certain sections.

Senator Caskey moved that SS No. 4 for SCS for HCS for HBs 800, 812, 817 and 821 be adopted.

Senator Johnson assumed the Chair.

Senator Flotron offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute No. 4 for Senate Committee Substitute for House Committee Substitute for House Bill No. 800, 812, 817 and 821, Page 35, Section 217.730, Line 2 by inserting immediately before said line, the following:

"211.071. 1. If a petition alleges that a child between the ages of twelve and seventeen has committed an offense which would be considered a felony if committed by an adult, the court may, upon its own motion or upon motion by the juvenile officer, the child or the child's custodian, order a hearing and may, in its discretion, dismiss the petition and such child may be transferred to the court of general jurisdiction and prosecuted under the general law; except that if a petition alleges that any child has committed an offense which would be considered first degree murder under section 565.020, RSMo, second degree murder under section 565.021, RSMo, first degree assault under section 565.050, RSMo, forcible rape under section 566.030, RSMo, forcible sodomy under section 566.060, RSMo, first degree robbery under section 569.020, RSMo, or distribution of drugs under section 195.211, RSMo, or has committed two or more prior unrelated offenses which would be felonies if committed by an adult, the court shall order a hearing, and may in its discretion, dismiss the petition and transfer the child to a court of general jurisdiction for prosecution under the general law.

2. Upon apprehension and arrest, jurisdiction over the criminal offense allegedly committed by any person between seventeen and twenty-one years of age over whom the juvenile court has retained continuing jurisdiction shall automatically terminate and that offense shall be dealt with in the court of general jurisdiction as provided in section 211.041.

3. Knowing and willful age misrepresentation by a juvenile subject shall not affect any action or proceeding which occurs based upon the misrepresentation. Any evidence obtained during the period of time in which a child misrepresents his age may be used against the child and will be subject only to rules of evidence applicable in adult proceedings.

4. Written notification of a transfer hearing shall be given to the juvenile and his custodian in the same manner as provided in sections 211.101 and 211.111. Notice of the hearing may be waived by the custodian. Notice shall contain a statement that the purpose of the hearing is to determine whether the child is a proper subject to be dealt with under the provisions of this chapter, and that if the court finds that the child is not a proper subject to be dealt with under the provisions of this chapter, the petition will be dismissed to allow for prosecution of the child under the general law.

5. The juvenile officer may consult with the office of prosecuting attorney concerning any offense for which the child could be certified as an adult under this section. The prosecuting or circuit attorney shall have access to police reports, reports of the juvenile or deputy juvenile officer, statements of witnesses and all other records or reports relating to the offense alleged to have been committed by the child. The prosecuting or circuit attorney shall have access to the disposition records of the child when the child has been adjudicated pursuant to subdivision (3) of subsection 1 of section 211.031. The prosecuting attorney shall not divulge any information regarding the child and the offense until the juvenile court at a judicial hearing has determined that the child is not a proper subject to be dealt with under the provisions of this chapter.

6. A written report shall be prepared in accordance with this chapter developing fully all available information relevant to the criteria which shall be considered by the court in determining whether the child is a proper subject to be dealt with under the provisions of this chapter and whether there are reasonable prospects of rehabilitation within the juvenile justice system. These criteria shall include but not be limited to:

(1) The seriousness of the offense alleged and whether the protection of the community requires transfer to the court of general jurisdiction;

(2) Whether the offense alleged involved viciousness, force and violence;

(3) Whether the offense alleged was against persons or property with greater weight being given to the offense against persons, especially if personal injury resulted;

(4) Whether the offense alleged is a part of a repetitive pattern of offenses which indicates that the child may be beyond rehabilitation under the juvenile code;

(5) The record and history of the child, including experience with the juvenile justice system, other courts, supervision, commitments to juvenile institutions and other placements;

(6) The sophistication and maturity of the child as determined by consideration of his home and environmental situation, emotional condition and pattern of living;

(7) The age of the child;

(8) The program and facilities available to the juvenile court in considering disposition; and

(9) Whether or not the child can benefit from the treatment or rehabilitative programs available to the juvenile court[; and

(10) Racial disparity in certification].

7. If the court dismisses the petition to permit the child to be prosecuted under the general law, the court shall enter a dismissal order containing:

(1) Findings showing that the court had jurisdiction of the cause and of the parties;

(2) Findings showing that the child was represented by counsel;

(3) Findings showing that the hearing was held in the presence of the child and his counsel; and

(4) Findings showing the reasons underlying the court's decision to transfer jurisdiction.

8. A copy of the petition and order of the dismissal shall be sent to the prosecuting attorney.

9. When a petition has been dismissed thereby permitting a child to be prosecuted under the general law, the jurisdiction of the juvenile court over that child is forever terminated, except as provided in subsection 10 of this section, for an act that would be a violation of a state law or municipal ordinance.

10. If a petition has been dismissed thereby permitting a child to be prosecuted under the general law and the child is found not guilty by a court of general jurisdiction, the juvenile court shall have jurisdiction over any later offense committed by that child which would be considered a misdemeanor or felony if committed by an adult, subject to the certification provisions of this section.

11. If the court does not dismiss the petition to permit the child to be prosecuted under the general law, it shall set a date for the hearing upon the petition as provided in section 211.171."; and

Further amend the title and enacting clause accordingly.

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

Senator Quick assumed the Chair.

SA 1 failed of adoption by the following vote:

Yeas--Senators
Ehlmann Flotron Graves Kenney
Kinder Klarich Melton Moseley
Mueller Rohrbach Russell Singleton
Treppler Westfall--14

Nays--Senators
Banks Caskey Clay Curls
DePasco Goode Johnson Lybyer
Mathewson McKenna Quick Scott
Staples Wiggins--14

Absent--Senators
Bentley Howard Maxwell Schneider
Sims--5

Absent with leave--Senator House--1

Senator Singleton raised the point of order that Senator Mathewson's vote should not be allowed as he was interrupting a roll call.

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

Senator Kenney offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute No. 4 for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 800, 812, 817 and 821, Page 35, Section 195.248, Line 1, by inserting immediately after said line, the following:

"217.257. 1. Offenders who have one previous remand to the department of corrections for felonies unrelated to the present felony offense or who refuse to participate in work or educational programs required by the department of corrections shall be employed at such labor, in such places and under such regulations within the state as may be determined by the department, subject to other provisions of law. The department is expressly authorized to establish posts, camps, stations or work crews in conjunction with labor, discipline or rehabilitation programs.

2. The department is further authorized to require offenders described in subsection 1 of this section to participate in programs designed to improve their physical, mental or psychological well-being, or programs designed to instill discipline and a sense of responsibility.

3. The department is authorized to adopt rules and regulations, to enter into contracts and to take any other action necessary to implement the programs outlined in this section. Rules and regulations shall be adopted as required under section 536.024, RSMo.

4. The department shall take all reasonable steps to protect the public from offenders in work programs, and in no case shall an offender convicted of first degree murder, as defined in section 565.020, RSMo, first degree assault, as defined in section 565.050, RSMo, forcible rape, as defined in section 566.030, RSMo, or forcible sodomy, as defined in section 566.060, RSMo, be placed in a work program under this section.

5. Offenders participating in work programs under this section shall wear distinctive, colored uniforms and may be required to wear shackles and chains.

6. No offender shall have a legal cause of action because he is required to participate in a work program authorized under this section, and no offender assigned to such a program shall be considered an employee of the state, any city or county, or any public, private or charitable entity for the purpose of determining benefits for work performed, nor shall the services performed by the offender be deemed employment within the meaning of the provisions of chapter 287 or chapter 288, RSMo."; and

Further amend the title and enacting clause accordingly.

Senator Kenney moved that the above amendment be adopted.

Senator Staples raised the point of order that SA 2 is out of order in that the amendment goes beyond the scope and purpose of the subject matter of the bill.

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

Senator Kenney offered SSA 1 for SA 2:

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

Amend Senate Substitute No. 4 for Senate Committee Substitute for House Committee Substitute for House Bill Nos. 800, 812, 817 and 821, Page 35, Section 195.248, Line 1, by inserting immediately after said line, the following:

"217.257. 1. Offenders who have two previous remands to the department of corrections for felonies unrelated to the present felony offense or who refuse to participate in work or educational programs required by the department of corrections shall be employed at such labor, in such places and under such regulations within the state as may be determined by the department, subject to other provisions of law. The department is expressly authorized to establish posts, camps, stations or work crews in conjunction with labor, discipline or rehabilitation programs.

5. Offenders participating in work programs under this section shall wear distinctive, colored uniforms and may be required to wear shackles and chains.

Further amend the title and enacting clause accordingly.

Senator Kenney moved that the above substitute amendment be adopted.

At the request of Senator Caskey, HCS for HBs 800, 812, 817 and 821, with SCS, SS No. 3 for SCS, SA 2 and SSA 1 for SA 2 (pending), was placed on the Informal Calendar.

President Wilson assumed the Chair.

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 Speaker has appointed the following conference committee, to act with a like committee from the Senate on SS for SCS for HS for HCS for HB 1237, as amended: Representatives: Rizzo, Scheve, Thomason, Cooper, Wannemacher.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt SS No. 2 for HB 809, 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 House has taken up and adopted the Conference Committee Report on SCS for HS for HB 1368 and has taken up and passed SCS for HS for HB 1368 as amended by the conference committee report.

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 SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409, as amended, and has taken up and passed CCS for SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409.

Emergency clause adopted.

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 HS for HCS for SB 888, as amended: Representatives: Jacob, Murray (69), Klumb, Chrismer, Scott.

CONFERENCE COMMITTEE REPORTS

Senator Johnson, on behalf of the conference committee appointed to act with a like committee from the House on SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1207, 1288, 1408 and 1409

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409, as amended, begs leave to report that we, after 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:

1. That the Senate recede from its position on Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409, as amended;

2. That the House recede from its position on House Substitute for House Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409;

3. That the attached Conference Committee Substitute for Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409, be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Sidney Johnson /s/ Phil Tate

/s/ Jim Mathewson /s/ Sam Leake

/s/ Mike Lybyer /s/ Gary Wiggins

/s/ Larry Rohrbach /s/ Dale Whiteside

/s/ Morris Westfall /s/ Ken Legan

Senator Johnson 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 Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senator Staples--1

Absent with leave--Senator House--1

On motion of Senator Johnson, CCS for SS for SCS for HS for HCS for HBs 1207, 1288, 1408 and 1409, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1207, 1288, 1408 and 1409

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

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

The emergency clause was adopted by the following vote:

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

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

PRIVILEGED MOTIONS

Senator Johnson moved that the Senate refuse to recede from its position on SS No. 2 for HB 809, as amended, and grant the House a conference thereon, which motion prevailed.

Senator Mathewson moved that SB 500, with HA 1, be taken up for 3rd reading and final passage, which motion prevailed.

HA 1 was taken up.

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

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Sims Singleton
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Scott Staples--2

Absent with leave--Senator House--1

On motion of Senator Mathewson, SB 500, as amended, was read the 3rd time and passed by the following vote:

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

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

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

Bill ordered enrolled.

CONFERENCE COMMITTEE REPORTS

Senator McKenna, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HS for HB 1368, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE BILL NO. 1368

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for House Substitute for House Bill No. 1368, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the Senate recede from its position on Senate Amendments Nos. 3 and 4 to Senate Committee Substitute for House Substitute for House Bill No. 1368;

2. That the House recede from its position on Senate Amendments Nos. 1 and 2 to Senate Committee Substitute for House Substitute for House Bill No. 1368;

3. That the attached Conference Committee Amendments Nos. 1 and 2 be adopted; and

4. That Senate Committee Substitute for House Substitute for House Bill No. 1368 as amended by Senate Amendments Nos. 1 and 2, and Conference Committee Amendments Nos. 1 and 2 be truly agreed and finally passed.

FOR THE SENATE: FOR THE HOUSE:

/s/ Bill McKenna /s/ Brian May

/s/ Irene Treppler /s/ Matt O'Neill

/s/ William Clay /s/ Tim C. Harlan

/s/ Morris Westfall /s/ Chuck Pryor

/s/ Ronnie DePasco /s/ Dave Oetting

CONFERENCE COMMITTEE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Bill No. 1368, Page 1, In the Title, Line 6, by deleting the word "eighteen" and inserting in lieu thereof the following: "nineteen"; 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, Lines 7 through 8, by deleting all of said lines and inserting in lieu thereof the following: "288.140, 288.160, 288.190, 288.200, 288.380, 347.015, 347.187, 351.488, 358.150 and 1, to read as follows:"; and

Further amend said bill, Page 43, Section 358.150, Line 41, by inserting after all of said line the following:

"Section 1. Notwithstanding any other provision of law to the contrary, beginning January 1, 1997, those insurance companies providing coverage pursuant to chapter 287, RSMo, to a limited liability company, as defined in section 347.015, RSMo, shall provide coverage for the employees of the limited liability company who are not members of the limited liability company. Members of the limited liability company, as defined in section 347.015, RSMo, shall also be provided coverage pursuant to chapter 287, RSMo, but such members may individually elect to reject such coverage by providing a written notice of such rejection on a form developed by the department of insurance to the limited liability company and its insurer. Failure to provide notice to the limited liability company shall not be grounds for any member to claim that the rejection of such coverage is not legally effective. A member who elects to reject such coverage shall not thereafter be entitled to workers' compensation benefits under the policy, even if serving or working in the capacity of an employee of the limited liability company, at least until such time as said member provides the limited liability company and its insurer with a written notice which rescinds the prior rejection of such coverage. The written notice which rescinds the prior rejection of such coverage shall be on a form developed by the department of insurance. Any rescission shall be prospective in nature and shall entitle the member only to such benefits which accrue on or after the date the notice of rescission form is received by the insurance company.".

CONFERENCE COMMITTEE AMENDMENT NO. 2

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 as provided in section 288.200.".

Senator McKenna 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 Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senator Staples--1

Absent with leave--Senator House--1

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

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Moseley Staples--2

Absent with leave--Senator House--1

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.

HOUSE BILLS ON THIRD READING

Senator Wiggins moved that HS for HCS for HBs 1320, 981, 1042, 1109 and 1250, with SCS, SS for SCS, SS for SS for SCS, SA 2 and SSA 2 for SA 2 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

At the request of Senator Moseley, SSA 2 for SA 2 was withdrawn.

At the request of Senator Schneider, SA 2 was withdrawn.

Senator Wiggins offered SS No. 4 for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250, entitled:

SENATE SUBSTITUTE NO. 4 FOR

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1320, 981, 1042, 1109 and 1250

An Act to repeal sections 188.025 and 188.080, RSMo 1994, relating to abortions, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions and an effective date.

Senator Wiggins moved that SS No. 4 for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250 be adopted, which motion prevailed.

On motion of Senator Wiggins, SS No. 4 for SS for SS for SCS for HS for HCS for HBs 1320, 981, 1042, 1109 and 1250 was read the 3rd time and passed by the following vote:

Yeas--Senators
Bentley Caskey Curls DePasco
Ehlmann Flotron Goode Graves
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Melton Moseley Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senators
Banks Clay--2

Absent--Senators--None

Absent with leave--Senator House--1

The President declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

Senator Moseley moved that the Senate refuse to concur in HCS for SB 572, as amended, and request the House to recede from its position or failing to do so, grant the Senate a conference thereon, which motion prevailed.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on SS No. 2 for HB 809, as amended: Senators Johnson, Quick, McKenna, Singleton and Melton.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the conference committee report on HCS for HB 781 and has taken up and passed CCS for HCS for HB 781.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HA 1, HA 2 to SB 719 and refuses to grant the Senate a conference thereon. The House of Representatives request the Senate adopt HA 1, HA 2 to SB 719 as amended by HCA 1 and request the Senate take up and pass SB 719 as amended by HCA 1, HA 1 and HA 2.

Senator Quick resumed the Chair.

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 1437, regarding Marlene Stewart, which was adopted.

Senator Maxwell offered Senate Resolution No. 1438, regarding Jim Ellison, which was adopted.

On motion of Senator Banks, the Senate recessed for one hour.

RECESS

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

HOUSE BILLS ON THIRD READING

HCS for HB 945, with SCS, was placed on the Informal Calendar.

HB 985, with SCS, was placed on the Informal Calendar.

HB 1081, with SCS, was placed on the Informal Calendar.

At the request of Senator Caskey, HB 1428, with SCS, was placed on the Informal Calendar.

HCS for HBs 1557 and 1489, with SCS, entitled:

An Act to repeal sections 57.080, 88.251, 115.123, 115.127, 115.132, 115.281, 115.300, 115.329, 115.333, 115.373, 115.385, 115.399, 115.401, 115.535, 115.611 and 115.613, RSMo 1994, and sections 115.125, 115.279 and 115.359, RSMo Supp. 1995, relating to election deadlines, and to enact in lieu thereof thirty-one new sections relating to the same subject, with penalty provisions and an emergency clause for certain sections.

Was taken up by Senator McKenna.

SCS for HCS for HBs 1557 and 1489, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1557 and 1489

An Act to repeal sections 57.080, 88.251, 115.123, 115.127, 115.329, 115.333, 115.373, 115.385, 115.399, 115.401 and 115.535, RSMo 1994, and sections 115.125 and 115.359, RSMo Supp. 1995, relating to election deadlines, and to enact in lieu thereof thirteen new sections relating to the same subject, with penalty provisions and an emergency clause.

Was taken up.

Senator McKenna moved that SCS for HCS for HBs 1557 and 1489 be adopted.

Senator McKenna offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489, Page 8, Section 115.127, by adding at the end of said section, the following:

"115.279. 1. Application for an absentee ballot may be made by the applicant in person, or by mail, or for the applicant, in person, by his or her guardian or a relative within the second degree by consanguinity or affinity. The election authority may accept applications by facsimile transmission at its discretion and within the limits of its telecommunications capacity.

2. Each application shall be made to the election authority of the jurisdiction in which the person is or would be registered. Each application shall be in writing and shall state the applicant's name, address at which he or she is or would be registered, his or her reason for voting an absentee ballot and the address to which the ballot is to be mailed, if mailing is requested. Each application to vote in a primary election shall also state which ballot the applicant wishes to receive. If any application fails to designate a ballot, the election authority shall, within three working days after receiving the application, notify the applicant by mail that it will be unable to deliver an absentee ballot until the applicant designates which political party ballot he or she wishes to receive. If the applicant does not respond to the request for political party designation, the election authority is authorized to provide the voter with that part of the ballot for which no political party designation is required.

3. All applications for absentee ballots received prior to the sixth Tuesday before an election shall be stored at the office of the election authority until such time as the applications are processed in accordance with section 115.281. No application for an absentee ballot [submitted] received in the office of the election authority by mail, by facsimile transmission or by a guardian or relative after 5:00 p.m. on the Wednesday immediately prior to the election shall be accepted by any election authority. No application for an absentee ballot submitted by the applicant in person after 5:00 p.m. on the day before the election shall be accepted by any election authority.

4. Each application for an absentee ballot shall be signed by the applicant or, if the application is made by a guardian or relative pursuant to the provisions of this section, the application shall be signed by the guardian or relative, who shall note on the application his or her relationship to the applicant. If an applicant, guardian or relative is blind, unable to read or write the English language or physically incapable of signing the application, he or she shall sign by mark, witnessed by the signature of an election official or person of his or her own choosing. Any person who knowingly makes, delivers or mails a fraudulent absentee ballot application shall be guilty of a class one election offense.

5. Notwithstanding any law to the contrary, any resident of the state of Missouri who resides outside the boundaries of the United States or who is on active duty with the armed forces of the United States or members of their immediate family living with them may request an absentee ballot for both the primary and subsequent general election with one application."; and

Further amend the title and enacting clause accordingly.

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

Senator McKenna offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489, Page 13, Section 115.401, at the end of that section, by adding two new sections as follows:

"115.409. Except election authority personnel, election judges, watchers and challengers appointed pursuant to section 115.105 or 115.107, law enforcement officials at the request of election officials or in the line of duty, minor children under the age of [twelve] eighteen accompanying an adult who is in the process of voting, persons designated by the election authority to administer a simulated youth election for persons ineligible to vote because of their age, members of the news media who present identification satisfactory to the election judges and who are present only for the purpose of bona fide news coverage except as provided in subdivision (18) of section 115.637, provided that such coverage does not disclose how any voter cast his ballot on any question or candidate or in the case of a primary election on which party ballot they voted or does not interfere with the general conduct of the election as determined by the election judges or election authority, and registered voters who are eligible to vote at the polling place, no person shall be admitted to a polling place."; and

Further amend said bill page 13, section 115.535 line 6 by adding the following:

"Section 1. 1. Before being permitted to enter the polling place, each person designated by the election authority to administer a simulated youth election shall take the following oath:

I do solemnly swear that I will make no statement nor give any information of any kind tending in any way to show the state of the count prior to the close of the polls on election day.

Sworn and subscribed to before me

this..............day of .........., 19...........

......................................

Simulated Youth Election Administrator

......................................

Judge of Election

2. If any person admitted to the polling place to administer or participate in a simulated youth election interferes with the orderly process of voting, or is guilty of misconduct or any law violation, the election judges shall ask the person to leave the polling place or cease the interference. If the interference continues, the election judges shall notify the election authority, which shall take such action as it deems necessary. It shall be the duty of the police, if requested by the election authority or judges of election, to exclude any such person from the polling place or the place where votes are being counted."; and

Further amend the title and enacting clause accordingly.

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

Senator DePasco offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489, Page 5, Section 115.125, Line 3, by inserting after the word "or" a comma and the following: "notwithstanding any prior laws to the contrary, in the year 1996 and thereafter,"; and

Further amend said bill, Page 11, Section 115.399, Line 2, by inserting after the word "or" a comma and the following: "notwithstanding any prior laws to the contrary, in the year 1996 and thereafter,"; and

Further amend the title and enacting clause accordingly.

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

Senator Howard offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489 Page 1, In the Title, Lines 4-5, by striking the words "election deadlines" and inserting in lieu thereof the word "elections"; and

Further amend said bill, page 8, section 115.127, line 76, by inserting immediately after said line, the following:

"115.300. In each jurisdiction using an electronic voting system [and using ballot cards as absentee ballots], the election authority may [prepare absentee ballot envelopes, as they are received for processing and tabulation on election day or on the day preceding election day] start, not earlier than the fifth day prior to the election, the preparation of absentee ballots for tabulation on the election day. The election authority shall give notice to the county chairman of each major political party forty-eight hours prior to beginning preparation of absentee ballot envelopes. Absentee ballot [envelopes] preparation shall be [prepared] completed by teams of election authority employees or teams of election judges, with each team consisting of one member from each major political party."; and

Further amend said bill, page 13, section 115.535, line 6, by inserting immediately after said line, the following:

"115.611. 1. Except as provided in subsection 4 of section 115.613, any registered voter of the county may have [his or her] such voter's name printed on the primary ballot of [his or her] such voter's party as a candidate for county committeeman or committeewoman by filing a declaration of candidacy in the office of the county election authority and by paying any filing fee required by subsection 2 of this section.

2. Before filing [his] such candidate's declaration of candidacy, candidates for county committeeman or county committeewoman shall pay to the treasurer of [his] such candidate's party's county committee, or submit to the county election authority to be forwarded to the treasurer of [his] such candidate's party's committee, a certain sum of money, as follows:

(1) One hundred dollars if [he] such candidate is a candidate for county committeeman or committeewoman in any county which has or hereafter has over nine hundred thousand inhabitants or in any city not situated in a county;

(2) Twenty-five dollars if [he] such candidate is a candidate for county committeeman or committeewoman in any county of the first class containing the major portion of a city which has over three hundred thousand inhabitants;

(3) Except as provided in subdivisions (1) and (2) of this subsection, no candidate for county committeeman or committeewoman shall be required to pay a filing fee.

3. Any person who cannot pay the fee to file as a candidate for county committeeman or committeewoman may have the fee waived by filing a declaration of inability to pay and a petition with the official with whom [he] such candidate files [his] such candidate's declaration of candidacy. The provisions of section 115.357 shall apply to all such declarations and petitions.

4. No person's name shall be printed on any official primary ballot as a candidate for county committeeman or committeewoman unless the person has filed a declaration of candidacy with the proper election authority not later than 5:00 p.m. on the last Tuesday in March immediately preceding the primary election.

115.613. 1. Except as provided in subsection 4 of this section, the qualified man and woman receiving the highest number of votes from each committee district for committeeman and committeewoman of a party shall be members of the county committee of the party.

2. If two or more qualified persons receive an equal number of votes for county committeeman or committeewoman of a party and a higher number of votes than any other qualified person from the party, a vacancy shall exist on the county committee which shall be filled by a majority of the committee in the manner provided in section 115.617.

3. If no qualified person is elected county committeeman or committeewoman from a committee district for a party, a vacancy shall exist on the county committee which shall be filled by a majority of the committee in the manner provided in section 115.617.

4. The provisions of this subsection shall apply only in any county where no filing fee is required for filing a declaration of candidacy for committeeman or committeewoman in a committee district. If only one qualified candidate has filed a declaration of candidacy for committeeman or committeewoman in a committee district for a party prior to the deadline established by law, no election shall be held for committeeman or committeewoman in the committee district for that party and the election authority shall certify the qualified candidate in the same manner and at the same time as candidates elected pursuant to subsection 1 of this section are certified. If no qualified candidate files for committeeman or committeewoman in a committee district for a party, no election shall be held and a vacancy shall exist on the county committee which shall be filled by a majority of the committee in the manner provided in section 115.617.

130.037. 1. Notwithstanding other provisions of the law to the contrary, any person who was a candidate at an election held on or before November 8, 1994, may form two candidate committees if that person's candidate committee reported outstanding obligations in excess of moneys on hand on the first report submitted pursuant to section 130.041 after November 8, 1994. One such committee shall be dedicated solely to raising moneys to pay off outstanding obligations of the candidate. The committee may accept funds from the candidate committee to pay off outstanding obligations. The committee may not engage in activities in support of the candidate for which it was formed, other than activities directly related to the retirement of debt. The committee may not contribute moneys to any other committee and may not make direct expenditures on behalf of any ballot issue. It may raise funds to retire the candidate's debt under the provisions of law in effect prior to November 8, 1994, so long as those contributions are expressly made to retire outstanding debt and are applied toward retiring such debt, but otherwise the provisions of this chapter apply. The treasurer and the candidate shall terminate the committee pursuant to section 130.021 within thirty days of its payment of the outstanding debt.

2. If a candidate has formed or forms a candidate committee to raise funds for a future election, that committee may accept contributions in the amount authorized by law and may use any contributions received for any purpose lawful under this chapter, except the payment of debt incurred before November 8, 1994. Moneys in the official depository accounts of the two committees cannot be commingled.

3. The provisions of this section shall expire December 31, 1996."; and

Further amend the title and enacting clause accordingly.

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

Senator Singleton offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489, Section 115.123, Page 5, Line 31, by adding after the word "August" the following: "and municipalities may hold elections in nonprimary years on the first Tuesday after the first Monday in August".

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

Senator Maxwell offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Committe Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489 Page 1, Section Title, Lines 4-5, by striking "election deadlines" and inserting in lieu thereof the following: "elections"; and

Further amend said bill, page 8, section 115.127, line 76, by inserting immediately after said line the following:

"115.283. 1. Each ballot envelope shall bear a statement on which the voter shall state his name, his voting address, his mailing address and his reason for voting an absentee ballot. On the form, the voter shall also state, under penalties of perjury that he is qualified to vote in the election, that he has not previously voted and will not vote again in the election, that he has personally marked his ballot in secret or supervised the marking of his ballot if he is unable to mark it, that the ballot has been placed in the ballot envelope and sealed by him or under his supervision if he is unable to seal it, and that all information contained in the statement is true. Persons authorized to vote only for federal and statewide officers shall also state their former Missouri residence.

2. The statement for persons voting absentee ballots who are registered voters shall be in substantially the following form:

State of Missouri

County (City) of ................. I, ........................ (print name), a registered voter of ................ County (City of St. Louis, Kansas City), declare under the penalties of perjury that I expect to be prevented from going to the polls on election day due to (check one):

................ absence on election day from the jurisdiction of the election authority in which I am registered;

................ incapacity or confinement due to illness or physical disability;

................ religious belief or practice;

................ employment as an election authority or by an election authority at a location other than my polling place;

................ incarceration, although I have retained all the necessary qualifications for voting.

I hereby state under penalties of perjury that I am qualified to vote at this election; I have not voted and will not vote other than by this ballot at this election. I further state that I marked the enclosed ballot in secret or that I am blind, unable to read or write English, or physically incapable of marking the ballot, and the person of my choosing indicated below marked the ballot at my direction; all of the information on this statement is, to the best of my knowledge and belief, true.

.................................. ..................................

Signature of Voter Signature of Person

(if applicable)

...................................

................................... Subscribed and sworn to

Address of Voter before me this ..... day

of .........., 19....

...................................

................................... ...............................

Mailing addresses Signature of notary or

(if different) other officer authorized

to administer oaths

3. The statement for persons voting absentee ballots under the provisions of subsection 2, 3 or 4 of section 115.277 without being registered shall be in substantially the following form:

State of Missouri

County (City) of .................... I,.................... (print name), declare under the penalties of perjury that I am a citizen of the United States and eighteen years of age or older. I am not declared incompetent by any court of law, and if I have been convicted of a felony or of a misdemeanor connected with the right of suffrage, I have had the voting disabilities resulting from such conviction removed pursuant to law. I hereby state under penalties of perjury that I am qualified to vote at this election.

(1) I am a resident of the state of Missouri and (check one):

................. am a member of the U.S. armed forces in active service;

................. am an active member of the U.S. merchant marine;

................. am a civilian employee of the U.S. government working outside the United States;

................. am an active member of a religious or welfare organization assisting servicemen;

................ have been honorably discharged or terminated my service in one of the groups mentioned above within sixty days of this election;

................. am a spouse or dependent of one of the above;

................. am a registered voter in ............ County and moved from that county to ............ County, Missouri, after 5:00 p.m. on the fourth Tuesday prior to this election.

OR (check if applicable)

(2) ................. I am a former resident of Missouri and authorized to vote for federal officers by federal law. I further state under penalties of perjury that I have not voted and will not vote other than by this ballot at this election; I marked the enclosed ballot in secret or am blind, unable to read or write English, or physically incapable of marking the ballot, and the person of my choosing indicated below marked the ballot at my direction; all of the information on this statement is, to the best of my knowledge and belief, true.

.......................... Subscribed to and sworn before

Signature of Voter me this ........ day of

.................., 19.....

............................

............................ .........................................

Address of Voter Signature of notary or other

officer authorized to

administer oaths

...............................

Mailing Address

(if different) ..........................................

......................... ..........................................

Signature of Person Address of Last Missouri

Assisting Voter Residence

(if applicable) (for persons authorized to vote for federal officers by federal law)

4. The statement for persons voting absentee ballots who are entitled to vote at the election under the provisions of subsection 2 of section 115.137 shall be in substantially the following form:

State of Missouri

County (City) of ................................... I, ................................... (print name), declare under the penalties of perjury that I expect to be prevented from going to the polls on election day due to (check one):

................. absence on election day from the jurisdiction of the election authority in which I am directed to vote;

................. incapacity or confinement due to illness or physical disability;

................. religious belief or practice;

................. employment as an election authority or by an election authority at a location other than my polling place;

................. incarceration, although I have retained all the necessary qualifications of voting.

I hereby state under penalties of perjury that I own property in the .................... district and am qualified to vote at this election; I have not voted and will not vote other than by this ballot at this election. I further state that I marked the enclosed ballot in secret or that I am blind, unable to read and write English, or physically incapable of marking the ballot, and the person of my choosing indicated below marked the ballot at my direction; all of the information on this statement is, to the best of my knowledge and belief, true.

.............................. Subscribed and sworn to

Signature of Voter before me this ........

day of ............., 19 ....

...............................

............................... ......................................

Address Signature of notary or

other officer authorized

to administer oaths

...............................

Signature of Person

Assisting Voter

(if applicable)

5. Notwithstanding any other provision of this section, any resident of the state of Missouri who resides outside the boundaries of the United States or who is on active duty with the armed forces of the United States or members of their immediate family living with them or persons who are permanently disabled if they have filed a statement by a physician attesting to their permanent disability which would require the person to vote an absentee ballot with the election authority within the jurisdiction of their residence or if the person's name is entered on such election authority's list pursuant to section 1 of this act, otherwise entitled to vote, shall not be required to obtain a notary seal or signature on his absentee ballot.

6. Notwithstanding any other provision of this section or section 115.291 to the contrary, the subscription, signature and seal of a notary or other officer authorized to administer oaths shall not be required on any ballot, ballot envelope, or statement required by this section if the reason for the voter voting absentee is due to illness or physical disability.

115.290. Any person registered by mail under the provisions of section 115.159 and voting by absentee ballot shall provide an affidavit subscribed and sworn to as provided in section 115.291 regardless of the cause for requesting such ballot unless the voter is exempt from such requirement under section 1 of this act or section 1973ee-3, title 42, United States Code.

115.291. 1. Upon receiving an absentee ballot, the voter shall mark his ballot in secret, place the ballot in the ballot envelope, seal the envelope and fill out the statement on the ballot envelope. The affidavit of each person voting an absentee ballot shall be subscribed and sworn to before the election official receiving the ballot, a notary public or other officer authorized by law to administer oaths, unless the voter is voting absentee due to the provisions of section 1 of this act or incapacity or confinement due to illness or physical disability. If the voter is blind, unable to read or write the English language, or physically incapable of voting his ballot, he may be assisted by a person of his own choosing. Any person assisting a voter who is not entitled to such assistance, and any person who assists a voter and in any manner coerces or initiates a request or a suggestion that the voter vote for or against or refrain from voting on any question, ticket or candidate, shall be guilty of a class one election offense. If, upon counting, challenge or election contest, it is ascertained that any absentee ballot was voted with unlawful assistance, the ballot shall be rejected.

2. Each absentee ballot shall be returned to the election authority in the ballot envelope and shall only be returned by the voter in person, by mail or registered carrier or by a team of deputy election authorities.

3. In cases of an emergency declared by the President of the United States or the governor of this state where the conduct of an election may be affected, the secretary of state may provide for the delivery and return of absentee ballots by use of a facsimile transmission device or system. Any rule promulgated pursuant to this subsection shall apply to a class or classes of voters as provided for by the secretary of state."; and

Further amend said bill, page 13, section 115.535, line 6, by inserting immediately after said line the following:

"Section 1. 1. There is hereby established an absentee voting process to assist persons with permanent disabilities in the exercise of their voting rights.

2. The local election authority shall send an application for the absentee voting process set out in this section to any registered voter who resides within the election authority's jurisdiction, upon request. The secretary of state shall promulgate rules in accordance with chapter 536, RSMo, for the form and content of the application.

3. Upon receipt of a properly completed application and a physician's form, pursuant to subsection 4 of this section, the election authority shall enter the registered voter's name on a list of voters qualified to participate as absentee voters pursuant to this section. The election authority may verify the physician's credentials. The board of healing arts, as established in section 334.120, RSMo, shall annually provide the secretary of state with a list of physicians licensed pursuant to chapter 334, RSMo, which the secretary of state shall make available to all election authorities. If the physician is licensed in a state other than Missouri, an affidavit, as defined in subdivision (1) of section 575.010, RSMo, which is signed by the physician and attests to the physician's credentials shall accompany the physician's form.

4. The physician's statement of permanent disability shall be in substantially the following form:

State of .........

County (City) of .......... I, ........... (print physician's name), ........... (number of physician's license to practice medicine) certify that I am licensed to practice medicine in ........... (state) and that I have determined in my professional, medical opinion that ............. (name of registered voter) of ........................... (address of registered voter) has a permanent disability.

* An affidavit is required from a physician licensed in a state other than Missouri.

.......................... (signature of physician)

5. The election authority shall deliver to each voter on the election authority's list pursuant to this section the appropriate absentee voting ballots for that voter's precinct at the appropriate times throughout the year. The method of delivery shall be by bipartisan teams appointed by the election authority to deliver the absentee ballots in person, or by first class, registered or certified mail at the discretion of the election authority."; and

Further amend the title and enacting clause accordingly.

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

Senator Clay offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1157 and 1489, Page 13, Section 113.535, Line 6 by inserting immediately after said line, the following:

"130.016. 1. No candidate for statewide elected office, general assembly, judicial office other than municipal judge, county office or municipal office in a city with a population of more than ten thousand shall be required to comply with the requirements to file a statement of organization or disclosure reports of contributions and expenditures for any [election] calendar quarter in which neither the aggregate of contributions received nor the aggregate of expenditures made on behalf of such candidate exceeds one thousand dollars and no single contributor, other than the candidate, has contributed more than two hundred fifty dollars of the aggregate contributions received, provided that:

(1) The candidate files a sworn exemption statement with the appropriate officer that he does not intend to either receive contributions or make expenditures in the aggregate of more than one thousand dollars or receive contributions from any single contributor, other than himself, that aggregate more than two hundred fifty dollars and that the total of all contributions received or expenditures made by him and all committees or any other person with his knowledge and consent in support of his candidacy will not exceed one thousand dollars and that the aggregate of contributions received from any single contributor will not exceed two hundred fifty dollars. Such exemption statement shall be filed no later than the date set forth in subdivision (5) of subsection 1 of section 130.046 [on which a disclosure report would otherwise be required if the candidate does not file the exemption statement]. The exemption statement shall be filed on a form furnished to each appropriate officer by the administrative secretary of the Missouri ethics commission. Each appropriate officer shall make the exemption statement available to candidates and shall direct each candidate's attention to the exemption statement and explain its purpose to the candidate; and

(2) The sworn exemption statement includes a statement that the candidate understands that records of contributions and expenditures must be maintained from the time he first receives contributions or makes expenditures and that an exemption from filing a statement of organization or disclosure reports does not exempt him from other provisions of this chapter.

2. Any candidate who has filed an exemption statement as provided in subsection 1 of this section shall not accept any contribution or make any expenditure in support of his candidacy, either directly or indirectly or by or through any committee or any other person acting with his knowledge and consent, which would cause such contributions or expenditures to exceed the limits specified in subdivision (1) of subsection 1 of this section unless he later rejects the exemption pursuant to the provisions of subsection 3 of this section. Any contribution received in excess of such limits shall be returned to the donor or transmitted to the state treasurer to escheat to the state.

3. If, after filing the exemption statement provided for in this section, the candidate subsequently determines he wishes to exceed any of the limits in subdivision (1) of subsection 1 of this section, he shall file a notice of rejection of the exemption with the appropriate officer; however, such rejection shall not be filed later than the twelfth day before election. A notice of rejection of exemption shall be accompanied by a statement of organization as required by section 130.021 and any other statements and reports which would have been required if the candidate had not filed an exemption statement.

4. [A primary election and the immediately succeeding general election are separate elections, and restrictions on contributions and expenditures set forth in subsection 2 of this section shall apply to each election; however, if a successful primary candidate has correctly filed an exemption statement prior to the primary election and has not filed a notice of rejection prior to the date on which the first disclosure report applicable to the succeeding general election is required to be filed, he shall not be required to file an exemption statement for that general election if the limitations set forth in subsection 1 of this section apply to the succeeding general election.

5.] A candidate who has an existing candidate committee formed for a prior [election] calendar quarter for which all statements and reports required by this chapter have been properly filed shall be eligible to file the exemption statement as provided in subsection 1 of this section and shall not be required to file the disclosure reports pertaining to the [election] calendar quarter for which he is eligible to file the exemption statement if the candidate and the treasurer of such existing candidate committee continue to comply with the requirements, limitations and restrictions set forth in subsections 1, 2, 3 and 4 of this section. The exemption permitted by this subsection does not exempt a candidate or the treasurer of his existing candidate committee from complying with the requirements of subsections 6 and 7 of section 130.046 applicable to a prior election.

[6.] 5. No nonpartisan candidate for supreme court, circuit court, or associate circuit court, or candidate for political party office, or for municipal office in a city of ten thousand or less, or for any special purpose district office shall be required to file an exemption statement under this section in order to be exempted from forming a committee and filing disclosure reports required of committees under this chapter if the aggregate of contributions received or expenditures made by him and any other person with his knowledge and consent in support of his candidacy does not exceed one thousand dollars and the aggregate of contributions from any single contributor does not exceed two hundred fifty dollars. No candidate for any office listed in this subsection shall be excused from complying with the provisions of any section of this chapter, other than the filing of an exemption statement under the conditions specified in this subsection.

[7.] 6. If any candidate for an office listed in subsection 6 of this section exceeds the limits specified therein, the candidate shall form a committee which shall comply with all provisions of this chapter for committees.

130.046. 1. The disclosure reports required by section 130.041, for committees, including political party committees, but other than continuing committees, shall be filed at the following times and for the following periods:

(1) Not later than the fortieth day before an election for the period closing on the forty-fifth day before election; and

(2) Not later than the seventh day before an election for the period closing on the twelfth day before election; and

(3) Not later than the thirtieth day after an election for a period closing on the twenty-fifth day after the election; except that, a successful candidate who takes office prior to the twenty-fifth day after election shall have complied with the reporting requirement of this subdivision if a disclosure report is filed by such candidate and any candidate committee under the candidate's control before such candidate takes office, and such report shall be for the period closing on the day before taking office; [and]

(4) Not later than the twentieth day of April for the period ending the thirty-first of March for a candidate who has filed or a committee which has been formed after the thirty-first day of December of the previous year[.]; and

(5) Not later than the fifteenth day of a calendar quarter for that calendar quarter for a candidate who elects to file an exemption statement, pursuant to subsection 1 of section 130.016.

2. In the case of a ballot measure to be qualified to be on the ballot by initiative petition or referendum petition, or a recall petition seeking to remove an incumbent from office, disclosure reports relating to the time for filing such petitions shall be made as follows:

(1) In addition to the disclosure reports required to be filed before and after elections in accordance with subdivisions (1), (2), (3) and (4) of subsection 1 of this section, the treasurer of a committee, other than a continuing committee, supporting or opposing a petition effort to qualify a measure to appear on the ballot or to remove an incumbent from office shall file an initial disclosure report fifteen days after the committee begins the process of raising or spending money. After such initial report, the committee shall file quarterly disclosure reports until such time as the reports required under subdivisions (1), (2), (3) and (4) of subsection 1 of this section are to be filed. In addition the committee shall file a second disclosure report no later than the fifteenth day after the deadline date for submitting such petitions. The period covered in the initial report shall begin on the day the committee first accepted contributions or made expenditures to support or oppose the petition effort for qualification of the measure and shall close on the fifth day prior to the date of the report;

(2) If the measure has qualified to be on the ballot in an election, and if a committee subject to the requirements of subdivision (1) of this subsection is also required to file a preelection disclosure report for that election any time within thirty days after the date on which disclosure reports are required to be filed in accordance with subdivision (1) of this subsection, the treasurer of such committee shall not be required to file the report required by subdivision (1) of this subsection, but shall include in the committee's preelection report all information which would otherwise have been required by subdivision (1) of this subsection.

3. The treasurer of a continuing committee shall file quarterly disclosure reports pursuant to this subsection, except for any calendar quarter in which the contributions received by the continuing committee or the expenditures or contributions made by the continuing committee do not exceed one thousand dollars. The reporting dates and periods covered for such quarterly reports shall not be later than the fifteenth day of January, April, July and October for periods closing on the thirty-first day of December, the thirty-first day of March, the thirtieth day of June and the thirtieth day of September. Each report by such continuing committees shall be cumulative from the date of the last report. In the case of the continuing committee's first report, the report shall be cumulative from the date of the continuing committee's organization.

4. The reports required to be filed not later than the seventh day before an election and not later than the thirtieth day after an election and any subsequently required reports shall be cumulative so as to reflect the total receipts and disbursements of the reporting committee for the entire election campaign in question. The period covered by each disclosure report shall begin on the day after the closing date of the most recent disclosure report filed and end on the closing date for the period covered. If the committee has not previously filed a disclosure report, the period covered begins on the date the committee was formed, except that in the case of a candidate committee, the period covered begins on the date the candidate became a candidate according to the definition of the term "candidate" in section 130.011.

5. Other provisions of this chapter to the contrary:

(1) Certain disclosure reports pertaining to any candidate who receives nomination in a primary election and thereby seeks election in the immediately succeeding general election shall not be required in the following cases:

(a) If there are less than fifty days between a primary election and the immediately succeeding general election, the disclosure report required to be filed not later than the fortieth day before the general election need not be filed, provided that any other report required to be filed prior to the primary election and all other reports required to be filed not later than the seventh day before the general election are filed no later than the final dates for filing such reports;

(b) If there are less than eighty-five days between a primary election and the immediately succeeding general election, the disclosure report required to be filed not later than the thirtieth day after the primary election need not be filed, provided that any report required to be filed prior to the primary election and any other report required to be filed prior to the general election are filed no later than the final dates for filing such reports; and

(2) No disclosure report need be filed for any reporting period if during that reporting period the committee, including a candidate committee, has neither received contributions aggregating more than one thousand dollars nor made expenditures aggregating more than one thousand dollars and has not received contributions aggregating more than two hundred fifty dollars from any single contributor and if the committee's treasurer files under oath a statement with the appropriate officer that neither the aggregate of contributions received by the committee during that reporting period nor the aggregate expenditures made by the committee during that reporting period exceeded one thousand dollars and the committee did not receive contributions from any one person aggregating more than two hundred fifty dollars during that reporting period. Any contributions received or expenditures made which are not reported because this statement is filed in lieu of a disclosure report must be included in the next disclosure report filed by the committee. This statement shall not be filed in lieu of two or more consecutive disclosure reports if either the contributions received or expenditures made in the aggregate during those reporting periods exceed one thousand dollars and shall not be filed in lieu of the report required to be filed not later than the thirtieth day after an election if that report would show a deficit of more than one thousand dollars.

6. (1) If the disclosure report required to be filed by a committee not later than the thirtieth day after an election shows a deficit of unpaid loans and other outstanding obligations in excess of five thousand dollars, semiannual supplemental disclosure reports shall be filed with the appropriate officer for each succeeding semiannual period until the deficit is reported in a disclosure report as being reduced to five thousand dollars or less, except that a supplemental semiannual report shall not be required for any semiannual period which includes the closing date for the reporting period covered in any regular disclosure report which the committee is required to file in connection with an election. The reporting dates and periods covered for semiannual reports shall be not later than the fifteenth day of January and July for periods closing on the thirty-first day of December and the thirtieth day of June.

(2) Committees required to file reports under subsection 2 or 3 of this section, which are not otherwise required to file disclosure reports for an election, shall file semiannual reports as required by this subsection if their last required disclosure report shows a total of unpaid loans and other outstanding obligations in excess of five thousand dollars.

7. (1) If a committee, including a candidate committee, during any calendar year, receives contributions or makes expenditures aggregating more than one thousand dollars or receives an aggregate of more than two hundred fifty dollars from any one person, an additional disclosure report shall be filed not later than the fifteenth day of January for the period closing on the preceding thirty-first day of December, except that such disclosure report shall not be required if, within sixty days prior to or following the thirty-first day of December, the committee is required to file any other disclosure report.

(2) Committees required to file reports under subsection 2 of this section, which are not otherwise required to file reports for an election, shall file annual supplemental reports if, after filing the report required by subsection 2 of this section, the committee has additional financial activities during a calendar year in excess of the dollar amounts established by this subsection.

8. In the case of a committee which disbands and is required to file a termination statement under the provisions of section 130.021 with the appropriate officer not later than the tenth day after the committee was dissolved, the committee treasurer shall attach to the termination statement a complete disclosure report for the period closing on the date of dissolution. A committee shall not utilize the provisions of subsection 8 of section 130.021 or the provisions of this subsection to circumvent or otherwise avoid the reporting requirements of subsection 6 or 7 of this section.

9. Disclosure reports shall be filed with the appropriate officer not later than 5:00 p.m. prevailing local time of the day designated for the filing of the report, and a report postmarked not later than midnight of the day previous to the day designated for filing the report shall be deemed to have been filed in a timely manner. The appropriate officer may establish a policy whereby disclosure reports may be filed by facsimile transmission."; and

Further amend the title and enacting clause accordingly.

Senator Clay moved that the above amendment be adopted.

Senator McKenna raised the point of order that SA 7 is out of order in that the amendment goes beyond the scope of the subject matter of the bill.

Senator Quick resumed the Chair.

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

SA 7 was again taken up.

Senator Clay moved that the above amendment be adopted.

At the request of Senator Clay, SA 7 was withdrawn.

Senator Flotron offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489, Page 1, Section Title, Line 4 by inserting immediately after "1995," the following: "and section 1 as enacted by the second regular session of the eighty-eighth general assembly in house bill no. 956 on April 25, 1996,"; and

Further amend said title, lines 4-5, by striking "election deadlines" and inserting in lieu thereof the word "elections"; and

Further amend said bill, page 1, section A, line 3, by inserting immediately after "1995," the following: "and section 1 as enacted by the second regular session of the eighty-eighth general assembly in house bill no. 956 on April 25, 1996,"; and

Further amend said bill, page 2, section 57.080, line 24, by inserting immediately after said line, the following:

"72.400. As used in sections 72.400 to 72.418, the following terms mean:

(1) "Boundary change", any annexation, consolidation, incorporation, disincorporation, transfer of jurisdiction between municipalities or between a municipality and the county, or combination thereof, which, if approved, would result in a municipality composed of contiguous territory;

(2) "Commission", a boundary commission established pursuant to this section;

(3) "Contiguousness", territory proposed for annexation in which at least fifteen percent of its boundary is adjacent to the municipality which is proposing the annexation;

(4) "Proposing agent", the governing body of any municipality which by ordinance has adopted a boundary change proposal or the governing body of the county which by ordinance has adopted a boundary change proposal, or a person presenting petitions signed by a number of registered voters equal to not less than fifteen percent of the number of votes cast for governor in the last gubernatorial election in the total combined area affected by the boundary change proposal. Petitions submitted by proposing agents may be submitted with exclusions for the signatures collected in areas originally included in the proposal but subsequently annexed or incorporated separately as a city, town or village, although the commission shall be satisfied as to the sufficiency of the signatures for the final proposed area;

(5) "Simplified boundary change", an annexation initiated by a verified petition signed by seventy-five percent of the residential property owners of all fee interests of record of the area proposed for annexation and filed by the annexing municipality and which the commission determines and finds should be approved without voter approval;

(6) "Voting jurisdiction", a city, town or village, or areas of unincorporated territory with boundaries established by the commission for purposes of holding a boundary change election;

(7) "Boundary adjustment", an adjustment of a boundary between two municipalities or a municipality and the unincorporated area of the county involving two parcels in common ownership or portions of a single parcel in common ownership or an adjustment between two municipalities or a municipality and the unincorporated area of the county involving only public property or public rights-of-way.

72.401. 1. If a commission has been established pursuant to section 72.400, any boundary change within the county shall proceed solely and exclusively in the manner provided for by sections 72.400 to 72.420, notwithstanding any statutory provisions to the contrary concerning such boundary changes.

2. In any county with a charter form of government where fifty or more cities, towns and villages have been established, there shall be no incorporation of any new city, town, or village wholly or partially in such county, nor any annexation or consolidation of any area wholly or partially in such county for one hundred twenty days after June 2, 1995, except for the following:

(1) As provided in subsection 3 of this section; or

(2) Where the governing body of the county specifically adopts an ordinance stating that a boundary commission shall not be established in the county, such incorporation, annexation or consolidation may resume after the effective date of the ordinance. Immediately after the expiration of such moratorium, if the governing body of such county has by ordinance established a boundary commission, as provided in sections 72.400 to 72.420, then annexation, incorporation and consolidation in such county shall proceed only as provided in sections 72.400 to 72.420. The procedures established in section 72.420 shall remain applicable to counties of the first classification where fifty or more cities, towns and villages have been established. The provisions of sections 72.400 to 72.420 shall expire on December 31, 2002, unless the general assembly reauthorizes such provisions prior to December 31, 2002.

3. Notwithstanding any provisions of law to the contrary, any boundary changes approved by voters, simplified boundary changes approved by one hundred percent of the property owners and the governing body of the annexing city, and exchanges of land agreed to by the governing bodies of the jurisdictions involved in the exchange, which have been approved or agreed to prior to June 2, 1995, and which have not yet taken effect at the time of the first meeting of the boundary commission shall not be subject to commission approval.

4. Any proposal for incorporation by petition of at least six thousand registered voters which has been submitted to the governing body of the county under section 72.080 by June 30, 1995, shall not be subject to commission approval, and such boundary changes shall become effective on the date determined by the jurisdictions involved or by court order. Notice of such boundary changes shall be provided to the commission.

5. The commission shall be composed of eleven members as provided in this subsection. No member shall be an elective official, employee or contractor of any political subdivision or of any organization representing political subdivisions or officers or employees of political subdivisions. Each of the appointing authorities described in subdivisions (1) to (5) of this subsection shall appoint persons who shall be residents of their respective locality so described. The appointing authority making the appointments shall be:

(1) The chief elected officials of all municipalities wholly within the county which have a population of more than twenty thousand persons, who shall name the number of members to the commission as prescribed in this subsection;

(2) The chief elected officials of all municipalities wholly within the county which have a population of twenty thousand or less but more than ten thousand persons, who shall name the number of members to the commission as prescribed in this subsection;

(3) The chief elected officials of all municipalities wholly within the county which have a population of ten thousand persons or less, who shall name the number of members to the commission as prescribed in this subsection;

(4) Each member of the county council of the three county council districts with the largest number of residents residing within the unincorporated area of the county, who shall each be allowed to nominate one member of the commission in the manner prescribed in this subdivision. Each such county council member shall submit a list of two residents of the unincorporated area of such member's district to the county executive, and the county executive shall select one person from each list so submitted to be a member of the commission. If a list is not submitted to the county executive by the times prescribed in subsection 6 of this section, the county executive shall name a person to be a member of the commission; and

(5) The county executive of the county, who shall name two of the members of the commission from the unincorporated area of the county. The seat of a commissioner shall be automatically vacated when the commissioner ceases to be a resident member of the appointing group. The vacancy shall be filled according to subsection 7 of this section. Each appointing authority described in subdivisions (1) to (3) of this subsection shall appoint a member for every sixteen and two-thirds percent, rounded up or down to the nearest sixteen and two-thirds percent, of the population of the county which resides in the municipalities described in such subdivisions. In the event that rounding would result in more than six members from the three municipal appointing authorities, then rounding up shall not apply to the appointing authority farthest from the next higher sixteen and two-thirds percent. Percentages and populations shall be calculated according to the last federal decennial census. They shall be calculated as of June 30, 1995.

6. Upon the passage of an ordinance by the governing body of the county establishing a boundary commission, the governing body of the county shall, within ten days, send by United States mail written notice of the passage of the ordinance to the chief elected official of each municipality wholly or partly in the county. Each of the appointing authorities described in subdivisions (1) to (3) of subsection 5 of this section shall meet within thirty days of the passage of the ordinance establishing the commission to compile its list of appointees. Each list shall be delivered to the county executive within forty-one days of the passage of such ordinance. The county executive shall appoint members representing the unincorporated areas of the county within forty-five days of the passage of the ordinance. If a list is not submitted by the time specified, the county executive shall appoint the members using the criteria of subsection 5 of this section before the sixtieth day from the passage of the ordinance. On the sixty-first day from the passage of such ordinance, the commission shall begin to exercise the powers and duties assigned to it by sections 72.400 to 72.418. At the first meeting of the commission, the commissioners shall choose by lot the length of their terms. Three shall serve for one year, two for two years, two for three years, two for four years, and two for five years. All succeeding commissioners shall serve for five years. Terms shall end on December thirty-first of the respective year. No commissioner shall serve more than two consecutive full terms. Full terms shall include any term longer than two years.

7. When a member's term expires, or if a member is for any reason unable to complete his term, the respective appointing authority shall appoint such member's successor. The appointee shall be determined by the appointing authority from whose list the outgoing member was appointed. Each appointing authority shall act to ensure that each appointee is secured accurately and in a timely manner, when a member's term expires or as soon as possible when a member is unable to complete his term. A member whose term has expired shall continue to serve until his successor is appointed and qualified.

8. The commission, its employees and subcontractors shall be subject to the regulation of conflicts of interest as defined in sections 105.450 to 105.498, RSMo, and to the requirements for open meetings and records under chapter 610, RSMo.

9. Notwithstanding any provisions of law to the contrary, any boundary adjustment approved by the property owners and the governing bodies of the affected municipalities or the county, if involved, shall not be subject to commission review.; and

Further amend said bill, page 13, section 115.535, line 6, by inserting immediately after said line, the following:

[Section 1. 1. The boundary commission of any county of the first classification with a charter form of government and a population greater than nine thousand may grant any petition for annexation submitted by a single property owner whose continuous tract of property lies in two adjacent municipalities so long as the following conditions are met:

(1) All of the property that is the subject of the annexation petition is owned by the petitioner;

(2) The petitioner's residence is located on the portion of property that is within the incorporated limits of the annexing municipality.

2. Such petition shall be handled pursuant to the simplified boundary change as provided in subdivision (4) of subsection 1 of section 72.400, RSMo, and shall not require a public vote.]"; and

Further amend the title and enacting clause accordingly.

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

Senator Wiggins assumed the Chair.

Senator Banks offered SA 9, which was read:

SENATE AMENDMENT NO. 9

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489, Page 13, Section 115.535, Line 6, by inserting immediately after said line one new section to read as follows:

"Section 1. Other provisions of the law to the contrary notwithstanding, persons running for or serving as a county committee member for a political party pursuant to section 115.609 RSMo, may consolidate all campaign disclosure filings with the committee member's ward organization, provided however, that all limits and restrictions applicable to candidates shall still apply and any consolidated report shall clearly identify the amount and source of any and all funds received or spent on behalf of the committeeman or committeewoman of the ward."; and

Further amend the title and enacting clause accordingly.

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

Senator Banks offered SA 10, which was read:

SENATE AMENDMENT NO. 10

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489, Page 13, Section 115.535, Line 6, by inserting immediately after said line, the following:

"Section 1. 1. Any person employed by a city not within a county shall first be recommended by the committeeman and committeewoman of such person's ward.

2. Such employees shall serve for a period of six months, upon which time and every six months thereafter such employees shall again be subject to subsection 1 of this section or shall be terminated from employment."; and

Further amend the title and enacting clause accordingly.

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

Senators Schneider and Maxwell offered SA 11:

SENATE AMENDMENT NO. 11

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489 Page 1, Section Title, Line 4-5 by striking "election deadlines" and inserting in lieu thereof the word "elections"; and

Further amend said bill, page 8, section 115.127, line 76, by inserting immediately after said line the following:

"115.157. The election authority may place all information on any registration cards in computerized form in accordance with subsection 2 of section 115.158. No election authority or secretary of state shall furnish to any member of the public a tape or printout showing any registration information, except as provided in this section. The election authority or secretary of state shall make available tapes, printouts and mailing labels showing unique voter identification numbers, voters' names, dates of birth, addresses, townships or wards, and precincts for a reasonable fee determined by the secretary of state. Electronic data shall be maintained in at least the following separate fields:

(1) Voter identification number;

(2) First name;

(3) Middle initial;

(4) Last name;

(5) Suffix;

(6) Street number;

(7) Street direction;

(8) Street name;

(9) Street suffix;

(10) Apartment number;

(11) City;

(12) State;

(13) Zip code;

(14) Township;

(15) Ward;

(16) Precinct;

(17) Senatorial district;

(18) Representative district;

(19) Congressional district.

Mailing labels shall include a unique voter identification number for each name. All revenues collected by the secretary of state as provided in this section shall be deposited in the state treasury and credited to the secretary of state's technology trust fund account. The election authority shall also furnish, for a reasonable fee, a printout, mailing labels or other record showing the names, dates of birth and addresses of voters, or any part thereof, within the jurisdiction of the election authority who voted in any specific election, including primary elections, by township, ward or precinct, provided that the election authority enters such data into the computer database. The amount of fees charged for information provided in this section shall be established by rules promulgated by the office of the secretary of state, which shall be subject to the rulemaking provisions of chapter 536, RSMo. Each election authority that has registration records in computerized form shall have printed in even-numbered years a copy of the voter registration list for its jurisdiction. One copy of the computerized printout, if available, shall be supplied to all candidates and party committees upon request for a reasonable charge. Any election authority who has a computerized registration system and who, as of the effective date of this act, has all or any part of the information contained in subdivisions (1) to (19) of this section within the computerized registration system, shall make that information available, pursuant to chapter 610, RSMo, for use in the 1996 general election, and all subsequent elections. Any election authority who has a computerized registration system but who does not have such information within the computerized registration system on the effective date of this act, shall make such information available for use in all elections following the 1996 general election. Any election authority who fails to comply with the requirements of this section shall be subject to the provisions of chapter 610, RSMo.

115.158. 1. On or before July 1, 1996, the secretary of state may begin to procure and develop an electronic data processing system and programs capable of maintaining a centralized database of all registered voters in the state. This system shall be known as the "Centralized Voter Registration System". In addition to maintaining a centralized voter registration database, the election authorities and secretary of state may use the system for the collection and dissemination of election results and other pertinent information. Any information contained in any state or local voter registration system, limited to the master voter registration list or any other list generated from the information, subject to chapter 610, RSMo, shall not be used for commercial purposes; provided, however, that the information can be used for elections, for candidates, or for ballot measures, furnished at a reasonable fee. The amount of fees charged for information provided in this section shall be established by rules promulgated by the office of the secretary of state, which shall be subject to the rulemaking provisions of chapter 536, RSMo. Violation of this section shall be a class B misdemeanor.

2. The secretary of state may adopt rules and regulations necessary to administer the system required in subsection 1. The rules and regulations must at least:

(1) Provide for voters to submit their registration to those offices and agencies authorized in this chapter and the National Voter Registration Act of 1993;

(2) Provide for the establishment and maintenance of a centralized database for all voter registration information;

(3) Provide procedures for entering data into the centralized database;

(4) Provide for the interaction with other state agencies and departments to facilitate voter registration;

(5) Allow election authorities and the secretary of state to add, modify, and delete information from the system to provide for accurate and up-to-date information;

(6) Allow election authorities and the secretary of state access to the centralized database for review and search capabilities;

(7) Provide security and protection of all information in the centralized database and monitor the centralized database to ensure unauthorized entry is not allowed;

(8) Provide a system for each election authority to identify the precinct to which a voter should be assigned for voting purposes;

(9) Provide a procedure for phasing in or converting existing manual and computerized voter registration systems to the centralized voter registration system; and

(10) Provide a procedure for transferring data from election authorities' existing computerized voter registration systems located in first class counties to the centralized voter registration system.

3. The secretary of state shall be responsible for the implementation and maintenance of the centralized voter registration system.

4. The secretary of state shall by rule and regulation establish an advisory committee to assist in the establishment and maintenance of a centralized voter registration system."; and

Further amend said bill, page 13, section 115.535, line 7, by inserting immediately after said line, the following:

"Section 1. 1. In order for candidates for election and public officials to more easily file reports required by law and to access information contained in such reports, and for the Missouri ethics commission to receive and store reports in an efficient and economical method, and for the general public and news media to access information contained in such reports, the commission shall establish and maintain an electronic reporting system pursuant to this section.

2. By July 1, 1998, the Missouri ethics commission shall establish and maintain an electronic reporting system pursuant to this section to record and store information from all reports required to be filed with the commission including monthly lobbying reports filed by law, provided that the system need accommodate campaign finance reports relating only to all candidates for the house of representatives, the senate, attorney general, state auditor, state treasurer, secretary of state, lieutenant governor, and governor. The system shall be used for the collection, filing and dissemination of all reports filed with the commission. All reports received on and after July 1, 1998, shall be maintained and stored in an electronic format by the commission.

3. Beginning July 1, 1998, persons may file reports in an electronic format as prescribed by the commission or may file such reports in a paper format and include payment with the report to cover the commission's cost of converting the paper report to an electronic format. The cost shall be set by the commission but shall not exceed five dollars for the initial page and one dollar for each subsequent page. The commission shall determine the electronic format in which data is to be furnished.

4. The commission shall prepare a proposal detailing the requirements of the electronic reporting system and may contract with the lowest and best bidder in the manner prescribed by law for awarding contracts to acquire the system. The electronic system reporting shall provide for the manner of access, including appropriate security requirements, to reports stored within the electronic access system developed pursuant to this section and the manner of recording the names of those individuals accessing such electronic access system.

5. A copy of all reports filed in the electronic reporting system shall be available on an electronic access system so that members of the general public may obtain copies of reports filed pursuant to this section. The access system shall be organized and maintained in such a manner to allow an individual to obtain information concerning all contributions made to or on behalf of, and all expenditures made on behalf of, any public official described in subsection 2 of this section in formats that will include both written and electronically readable formats.", and

Further amend the title and enacting clause accordingly.

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

Senator Moseley offered SA 12:

SENATE AMENDMENT NO. 12

Amend Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1557 and 1489, Page 1, In the Title, Lines 4-5, by striking the words "election deadlines" and inserting in lieu thereof the word "elections"; and

Further amend said bill, page 4, section 115.123, line 1, by inserting immediately before said line, the following:

"[105.965. 1. Any person who contributes or causes to be contributed, directly or indirectly, during the term of office and two years prior thereto, the sum of three thousand dollars or more in the aggregate to any statewide elected official shall disclose to the commission within thirty days after initially contacting the executive branch of government or any elected or appointed official, employee, department, division, agency or board or commission of the executive branch, any contact made for the purpose of attempting to influence a decision of a nonadversarial nature which results in financial gain for the contributor. Such disclosure shall include the following:

(1) The amount of such contribution and to whom the contribution was made;

(2) The person, persons or entity represented by such person; and

(3) The department, division, agency, board, commission or entity contacted.

2. Any person who violates the provisions of this section shall be guilty of an infraction.]"; and

Further amend the title and enacting clause accordingly.

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

Senator McKenna moved that SCS for HCS for HBs 1557 and 1489, as amended, be adopted, which motion prevailed.

On motion of Senator McKenna, SCS for HCS for HBs 1557 and 1489, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Graves Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Goode Mueller--2

Absent with leave--Senator House--1

The President declared the bill passed.

The emergency clause was adopted by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
DePasco Ehlmann Flotron Goode
Graves Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Treppler Westfall Wiggins--32

Nays--Senators--None

Absent--Senator Curls--1

Absent with leave--Senator House--1

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.

Senator Quick moved that HB 1432, be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

Senator Quick offered SS for HB 1432, entitled:

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 1432

An Act to repeal sections 408.110, 443.130, 456.500, 456.520, 456.600 and 473.787, RSMo 1994, and section 361.160, RSMo Supp. 1995, relating to financial transactions, and to enact in lieu thereof twenty-one new sections relating to the same subject, with an emergency clause for a certain section.

Senator Quick moved that SS for HB 1432 be adopted, which motion prevailed.

On motion of Senator Quick, SS for HB 1432 was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
DePasco Ehlmann Flotron Goode
Graves Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Scott Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Curls Schneider--2

Absent with leave--Senator House--1

The President declared the bill passed.

The emergency clause was adopted by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
DePasco Ehlmann Flotron Goode
Graves Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell Melton Moseley Mueller
Quick Rohrbach Russell Schneider
Scott Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Curls McKenna--2

Absent with leave--Senator House--1

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

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

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

PRIVILEGED MOTIONS

Senator Staples moved that SCS for SB 719, as amended, with HA 1 and HA 2, be taken up for 3rd reading and final passage, which motion prevailed.

HA 1 was taken up.

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

Yeas--Senators
Banks Bentley Caskey Clay
DePasco Ehlmann Flotron Goode
Graves Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Moseley
Mueller Rohrbach Russell Schneider
Scott Sims Singleton Staples
Treppler Westfall Wiggins--31

Nays--Senators--None

Absent--Senators
Curls Quick--2

Absent with leave--Senator House--1

HA 2 was taken up.

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

Yeas--Senators
Banks Bentley Caskey Clay
DePasco Flotron Goode Graves
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Melton Moseley Mueller
Russell Schneider Scott Sims
Singleton Staples Treppler Westfall
Wiggins--29

Nays--Senator Rohrbach--1

Absent--Senators
Curls Ehlmann Quick--3

Absent with leave--Senator House--1

On motion of Senator Staples, SCS for SB 719, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
DePasco Flotron Goode Graves
Howard Johnson Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Melton Moseley Mueller Russell
Schneider Scott Sims Singleton
Staples Treppler Westfall Wiggins--28

Nays--Senators
Ehlmann Kenney Rohrbach--3

Absent--Senators
Curls Quick--2

Absent with leave--Senator House--1

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

CONFERENCE COMMITTEE REPORTS

Senator Flotron, on behalf of the conference committee appointed to act with a like committee from the House on HCS for HB 781, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 781

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on House Committee Substitute for House Bill No. 781, as amended, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Committee Substitute for House Bill No. 781 and House Perfecting Amendment No. 1 to Senate Amendment No. 1 to House Committee Substitute for House Bill No. 781;

2. That the Senate recede from its position on House Committee Substitute for House Bill No. 781 with Senate Amendment No. 1, Senate Amendment No. 2, Senate Amendment No. 3 and Senate Amendment No. 4;

3. That the attached Conference Committee Substitute be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Jim Mathewson /s/ Lana Stokan (76)

/s/ Ted House /s/ Deleta Williams (121)

/s/ Harold L. Caskey /s/ Jim Sears

/s/ Franc Flotron /s/ Dale Whiteside

/s/ Roseann Bentley /s/ Emmy McClelland

Senator Flotron moved that the above conference committee report be adopted.

Senator Kenney raised the point of order that the conference committee report is out of order in that it exceeds the differences on pages 8 and 9 without authorization.

The President Pro Tem took the point of order under advisement.

Senator Maxwell, on behalf of the conference committee appointed to act with a like committee from the House on HS for SB 757, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT FOR

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 757

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Substitute for Senate Bill No. 757, with House Amendments Nos. 1, 2, 3 and Part I of House Amendment No. 4 as amended; begs leave to report that we, after 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:

1. That the Senate recede from its position on House Substitute for Senate Bill No. 757 as amended;

2. That the attached House Substitute for Senate Bill No. 757 with House Amendments Nos. 1, 2, 3, Part I of House Amendment No. 4 as amended and Conference Committee Amendment No. 1 be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Joe Maxwell /s/ Jim Sears

/s/ J. T. Howard /s/ Sam Leake

/s/ Mike Lybyer /s/ Gary Wiggins

/s/ Morris Westfall /s/ Don Summers

/s/ John T. Russell /s/ Jim Howerton

CONFERENCE COMMITTEE AMENDMENT NO. 1

Amend House Substitute for Senate Bill No. 757, Page 1, In the Title, Line 4, by inserting immediately after "1994," the following: "and section 644.031, RSMo Supp. 1995,"; and further amend lines 4-5, by striking the words "joint municipal utility commissions" and inserting in lieu thereof the following: "water pollution control"; and further amend line 6, by striking the word "thirteen" and inserting in lieu thereof the word "fourteen"; and

Further amend said bill, page 1, section A, line 5 of said section, by striking "644.506," from said line.

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

Yeas--Senators
Banks Bentley Caskey Clay
Ehlmann Flotron Goode Graves
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Melton Mueller Rohrbach
Russell Schneider Scott Sims
Singleton Treppler Westfall Wiggins--28

Nays--Senators--None

Absent--Senators
Curls DePasco Moseley Quick
Staples--5

Absent with leave--Senator House--1

On motion of Senator Maxwell, HS for SB 757, as amended by the conference committee report, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Ehlmann Flotron Goode Graves
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Melton Moseley Mueller
Rohrbach Russell Schneider Scott
Sims Singleton Treppler Westfall
Wiggins--29

Nays--Senators--None

Absent--Senators
Curls DePasco Quick Staples--4

Absent with leave--Senator House--1

The President declared the bill passed.

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

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

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

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HCR 13 and has again taken up and adopted HCR 13, as amended.

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 SB 858, as amended, and has taken up and passed SB 858.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HCS for SB 572, as amended, and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House request the Senate grant further conference on Conference Committee Report No. 2 on HCS for HB 991 and the conferees be allowed to exceed the differences on SA 7.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem Mathewson appointed the following conference committee to act with a like committee from the House on HCS for SB 572, as amended: Senators Moseley, Johnson, House, Bentley and Westfall.

President Pro Tem Mathewson ruled the point of order on the conference committee report on HCS for HB 781, as amended, not well taken.

Senator Flotron moved that the conference committee report on HCS for HB 781, as amended, be adopted, which motion prevailed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls Ehlmann Flotron Goode
Howard Kenney Kinder Lybyer
Mathewson Maxwell Melton Moseley
Mueller Quick Rohrbach Russell
Scott Sims Singleton Staples
Treppler Westfall Wiggins--27

Nays--Senators
Graves Klarich--2

Absent--Senators
DePasco Johnson McKenna Schneider--4

Absent with leave--Senator House--1

On motion of Senator Flotron, CCS for HCS for HB 781, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 781

An Act to repeal section 198.067, RSMo, 1994, relating to nursing facilities, and to enact in lieu thereof five new sections relating to the same subject, with penalty provisions.

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

Yeas--Senators
Banks Bentley Caskey Clay
Curls Ehlmann Flotron Goode
Howard Johnson Kenney Kinder
Klarich Lybyer Mathewson McKenna
Melton Moseley Mueller Quick
Rohrbach Russell Scott Sims
Singleton Staples Treppler Westfall
Wiggins--29

Nays--Senator Graves--1

Absent--Senators
DePasco Maxwell Schneider--3

Absent with leave--Senator House--1

The President declared the bill passed.

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

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

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

PRIVILEGED MOTIONS

Senator Staples moved that the Senate grant the House further conference on HCS for HB 991, as amended, and that the conferees be allowed to exceed the differences on SA 7 only, which motion prevailed.

HOUSE BILLS ON THIRD READING

Senator Lybyer moved that HS for HCS for HB 1172, with SCS and SA 1 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SA 1 was again taken up.

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

Senator Goode offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1172, Page 5, Section 143.161, Line 19, by inserting immediately after said line, the following:

"144.022. To comply with the limitations established in sections 16 and 18 of article X of the Missouri constitution, the governor shall require the director of revenue to suspend collection of a portion of the state sales and use tax. The portion so suspended shall be in an amount to accomplish the purpose as set forth in this section, and shall be up to, but not in excess of, three percent of the purchase price paid or charged for food sold at retail businesses. For the purposes of this section, the term "food" shall include only those articles of food which are authorized under the federal food stamp program to be redeemable for food stamps. For any fiscal year in which the commissioner of administration certifies that total state revenues are reasonably projected to be in excess of the limitation established in sections 16 and 18 of article X of the Missouri constitution, the governor, by executive order, shall direct and specify the amount of sales and use tax collections which the director shall suspend. Other laws to the contrary notwithstanding, the director of revenue shall suspend collection of the amount directed by an executive order issued pursuant to this section. The tax collected on transactions shall be proportionately reduced during the period the executive order issued pursuant to this section is in effect. Any suspension in the state sales and use tax collections shall continue for the period deemed necessary in the executive order to comply with the limitations established in sections 16 and 18 of article X of the Missouri constitution or until the general assembly passes a concurrent resolution to the contrary, but shall not extend past the fiscal year for which the executive order was issued."; and

Further amend the title and enacting clause accordingly.

Senator Goode moved that the above amendment be adopted.

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

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 2

Amend Senate Amendment No. 2 to Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1172, Page 2, Section 144.022, Line 4 of said page, by inserting immediately after said line the following:

"Section 1. The resumption of collection of any tax suspended or otherwise adjusted pursuant to this act shall be subject to article X, section 18(e) of the Missouri Constitution."; and

Further amend the title and enacting clause accordingly.

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

Senator Ehlmann offered SA 2 to SA 2, which was read:

SENATE AMENDMENT NO. 2 TO

SENATE AMENDMENT NO. 2

Amend Senate Amendment No. 2 to Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1172, Page 2, Section 143.161, Line 5, by inserting after said line the following: "should any court of competent jurisdiction hold this section to be unconstitutional, then the state sales tax on food shall be totally eliminated.".

Senator Ehlmann moved that the above amendment be adopted.

At the request of Senator Ehlmann, SA 2 to SA 2 was withdrawn.

SA 2 was again taken up.

Senator Goode moved that the above amendment be adopted.

Senator Melton requested a roll call vote be taken and was joined in his request by Senators Mueller, Rohrbach, Sims and Westfall.

SA 2 failed of adoption by the following vote:

Yeas--Senators
Banks Caskey Clay Curls
Goode Johnson Lybyer Mathewson
Maxwell McKenna Moseley Quick
Wiggins--13

Nays--Senators
Bentley DePasco Ehlmann Flotron
Graves Howard Kenney Kinder
Klarich Melton Mueller Rohrbach
Russell Schneider Sims Singleton
Staples Treppler Westfall--19

Absent--Senators--None

Absent with leave--Senators
House Scott--2

Senator Lybyer offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1172, Page 1, In the Title, Line 4, by inserting immediately after the word "subject" the following: ", with an emergency clause"; and

Further amend said bill, page 5, section 143.161, line 19, by inserting immediately after said line, the following:

"144.020. 1. A tax is hereby levied and imposed upon all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable service at retail in this state. Except as provided in subsection 3 of this section, the rate of tax shall be as follows:

(1) Upon every retail sale in this state of tangible personal property, a tax equivalent to [four] three and three-fourths percent of the purchase price paid or charged, or in case such sale involves the exchange of property, a tax equivalent to [four] three and three-fourths percent of the consideration paid or charged, including the fair market value of the property exchanged at the time and place of the exchange, except as otherwise provided in section 144.025;

(2) A tax equivalent to [four] three and three-fourths percent of the amount paid for admission and seating accommodations, or fees paid to, or in any place of amusement, entertainment or recreation, games and athletic events;

(3) A tax equivalent to [four] three and three-fourths percent of the basic rate paid or charged on all sales of electricity or electrical current, water and gas, natural or artificial, to domestic, commercial or industrial consumers;

(4) A tax equivalent to [four] three and three-fourths percent on the basic rate paid or charged on all sales of service to telephone subscribers and to others through equipment of telephone subscribers for the transmission of messages and conversations, both local and long distance, and upon the sale, rental or leasing of all equipment or services pertaining or incidental thereto; except that, the payment made by telephone subscribers or others, pursuant to section 144.060, shall not be considered as amounts paid for communication or telephone services or equipment;

(5) A tax equivalent to [four] three and three-fourths percent of the basic rate paid or charged for all sales of services for transmission of messages of telegraph companies;

(6) A tax equivalent to [four] three and three-fourths percent on the amount of sales or charges for all rooms, meals and drinks furnished at any hotel, motel, tavern, inn, restaurant, eating house, drugstore, dining car, tourist cabin, tourist camp or other place in which rooms, meals or drinks are regularly served to the public;

(7) A tax equivalent to [four] three and three-fourths percent of the amount paid or charged for intrastate 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 transportation division of the department of economic development of Missouri, engaged in the transportation of persons for hire;

(8) A tax equivalent to [four] three and three-fourths percent of the amount paid or charged for rental or lease of tangible personal property, provided that if the lessor or renter of any tangible personal property had previously purchased the property under the conditions of "sale at retail" as defined in subdivision (8) of section 144.010 and the tax was paid at the time of purchase, the lessor or renter shall not apply or collect the tax on the subsequent lease or rental receipts from that property. The purchase or use of motor vehicles, trailers, boats, and outboard motors shall be taxed and the tax paid as provided in sections 144.070 and 144.440, and no such tax shall then be collected on the rental or lease of motor vehicles, trailers, boats, and outboard motors, except as provided in sections 144.070 and 144.440. In no event shall the rental or lease of boats and outboard motors be considered a sale, charge, or fee to, for or in places of amusement, entertainment or recreation nor shall any such rental or lease be subject to any tax imposed to, for, or in such places of amusement, entertainment or recreation. Rental and leased boats or outboard motors shall be taxed under the provisions of the sales tax laws as provided under such laws for motor vehicles and trailers. Tangible personal property which is exempt from the sales or use tax under section 144.030 upon a sale thereof is likewise exempt from the sales or use tax upon the lease or rental thereof.

2. All tickets sold which are sold under the provisions of sections 144.010 to 144.510 which are subject to the sales tax shall have printed, stamped or otherwise endorsed thereon, the words "This ticket is subject to a sales tax."

3. Beginning July 1, 1999, the rate of tax imposed under subsection 1 of this section shall return to the rate equivalent to four percent of the amount paid, charged or exchanged.

144.021. The purpose and intent of sections 144.010 to 144.510 is to impose a tax upon the privilege of engaging in the business, in this state, of selling tangible personal property and those services listed in section 144.020. The primary tax burden is placed upon the seller making the taxable sales of property or service and is levied at the rate provided for in section 144.020. Excluding sections 144.070, 144.440 and 144.450, the extent to which a seller is required to collect the tax from the purchaser of the taxable property or service is governed by section 144.285 and in no way affects sections 144.080 and 144.100, which require all sellers to report to the director of revenue their "gross receipts", defined herein to mean the aggregate amount of the sales price of all sales at retail, and remit tax at [four] three and three-fourths percent of their gross receipts. However, beginning July 1, 1999, the tax rate under this section shall return to four percent of gross receipts.

144.440. 1. In addition to all other taxes now or hereafter levied and imposed upon every person for the privilege of using the highways or waterways of this state, there is hereby levied and imposed a tax equivalent to [four] three and three-fourths percent of the purchase price, as defined in section 144.070, which is paid or charged on new and used motor vehicles, trailers, boats, and outboard motors purchased or acquired for use on the highways or waters of this state which are required to be registered under the laws of the state of Missouri. However, beginning July 1, 1999, the tax rate under this section shall return to four percent of the purchase price.

2. At the time the owner of any such motor vehicle, trailer, boat, or outboard motor makes application to the director of revenue for an official certificate of title and the registration of the same as otherwise provided by law, he shall present to the director of revenue evidence satisfactory to the director showing the purchase price paid by or charged to the applicant in the acquisition of the motor vehicle, trailer, boat, or outboard motor, or that the motor vehicle, trailer, boat, or outboard motor is not subject to the tax herein provided and, if the motor vehicle, trailer, boat, or outboard motor is subject to the tax herein provided, the applicant shall pay or cause to be paid to the director of revenue the tax provided herein.

3. In the event that the purchase price is unknown or undisclosed, or that the evidence thereof is not satisfactory to the director of revenue, the same shall be fixed by appraisement by the director.

4. No certificate of title shall be issued for such motor vehicle, trailer, boat, or outboard motor unless the tax for the privilege of using the highways or waters of this state has been paid or the vehicle, trailer, boat, or outboard motor is registered under the provisions of subsection 5 of this section.

5. The owner of any motor vehicle, trailer, boat, or outboard motor which is to be used exclusively for rental or lease purposes may pay the tax due thereon required in section 144.020 at the time of registration or in lieu thereof may pay a use tax as provided in sections 144.010, 144.020, 144.070 and 144.440. A use tax shall be charged and paid on the amount charged for each rental or lease agreement while the motor vehicle, trailer, boat, or outboard motor is domiciled in the state. If the owner elects to pay upon each rental or lease, he shall make an affidavit to that effect in such form as the director of revenue shall require and shall remit the tax due at such times as the director of revenue shall require.

6. In the event that any leasing company which rents or leases motor vehicles, trailers, boats, or outboard motors elects to collect a use tax, all of its lease receipt would be subject to the use tax, regardless of whether or not the leasing company previously paid a sales tax when the vehicle, trailer, boat, or outboard motor was originally purchased.

7. The provisions of this section, and the tax imposed by this section, shall not apply to manufactured homes.

Section 1. The provisions of section 144.190, RSMo, to the contrary notwithstanding, no refund or credit of sales or use tax erroneously collected and remitted by the person legally obligated to remit the tax shall be allowed under the provisions of section 144.190, RSMo, unless the person legally obligated to remit the tax demonstrates to the director of revenue's satisfaction that all erroneously collected amounts have been refunded directly to the persons that originally paid the tax or the person legally obligated to remit the tax proves to the director of revenue's satisfaction that the tax originally reported and remitted to the director was not collected from purchasers but was paid by the person. This section shall apply to all refund applications received after the effective date of this act.

Section B. Because of the need to reduce state revenues, this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section 1 of this act shall be in full force and effect upon its passage and approval; and sections 144.020, 144.021 and 144.440 shall be in full force and effect upon its passage and approval or on July 1, 1996, whichever is later."; and

Further amend the title and enacting clause accordingly.

Senator Lybyer moved that the above amendment be adopted.

Senator Schneider offered SSA 1 for SA 3:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1172, Page 1, In the Title, Lines 2-4, by striking all of said lines and inserting in lieu thereof the following: "To repeal sections 143.111, 143.124, 143.161, 144.020, 144.021 and 144.440, RSMo 1994, relating to taxation, and to enact in lieu thereof eleven new sections relating to the same subject, with an emergency clause and an effective date."; and

Further amend said bill, page 1, section A, lines 1-3, by striking all of said lines and inserting in lieu thereof the following:

"Section A. Sections 143.111, 143.124, 143.161, 144.020, 144.021 and 144.440, RSMo 1994, are repealed and eleven new sections enacted in lieu thereof, to be known as sections 143.111, 143.122, 143.124, 143.161, 144.020, 144.021, 144.022, 144.440, 1, 2 and 3, to read as follows:"; and

Further amend said bill, pages 1-5, section 143.124, by striking all of said section; and

Further amend said bill, page 5, section 143.161, by striking all of said section and inserting in lieu thereof the following:

"143.111. The Missouri taxable income of a resident shall be his Missouri adjusted gross income less:

(1) either[:] the Missouri standard deduction or the Missouri itemized deduction[,];

(2) the Missouri deduction for personal exemptions[,];

(3) the Missouri deduction for dependency exemptions[,];

(4) the deduction for federal income taxes provided in section 143.171; and

(5) a deduction for school expenses including tuition and attendance fees and direct expenses including but not limited to administrative fees and necessary supplies provided in section 143.122.

143.122. In addition to the amounts to be subtracted from his federal adjusted gross income to determine his Missouri adjusted gross income under the provisions of section 143.121, there shall be subtracted the amount the taxpayer has paid to others for each student in grades nine through twelve, for tuition or attendance fees and direct expenses including but not limited to administrative fees and necessary supplies for or on behalf of any student attending an accredited public or private secondary school situated in Missouri that is accredited by the Missouri department of elementary and secondary education or by an accrediting agency recognized by the United States Department of Education, up to a maximum of two thousand dollars for tuition or attendance fees and five hundred dollars for direct expenses for each student.

143.124. 1. Notwithstanding other provisions of law to the contrary [notwithstanding], the total amount of all annuities, pensions, or retirement allowances above the amount of six thousand dollars annually provided by any law of this state, the United States, or any other state to any person, except as provided in subsection [4] 5 of this section, shall be subject to tax under the provisions of this chapter, in the same manner, to the same extent and under the same conditions as any other taxable income received by the person receiving it. For purposes of this section, annuity, pension, or retirement allowance shall be defined as an annuity, pension or retirement allowance provided by the United States, this state, any other state or any political subdivision or agency or institution of this or any other state or an annuity, pension or retirement allowance provided by any privately funded source.

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

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

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

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

3. For the tax years beginning on or after January 1, 1990, there shall be subtracted from Missouri adjusted gross income, determined pursuant to section 143.121, the first six thousand dollars of retirement benefits received by each taxpayer:

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

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

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

4. (1) Notwithstanding other provisions of law to the contrary, the total amount of all annuities, pensions or retirement allowances above the amount of six thousand dollars provided to any person through any privately funded annuity, pension or retirement allowance except as provided in subsection 5 of this section, shall be subject to tax under the provisions of this chapter, in the same manner, to the same extent and under the same conditions as any other taxable income received by the person receiving it, as phased in under this subsection.

(2) For the period beginning January 1, 1997 and ending December 31, 1997 the first two thousand dollars of retirement benefits received by each taxpayer through any privately funded annuity, pension or retirement allowance shall be subtracted from Missouri adjusted gross income:

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

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

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

(3) For the period beginning January 1, 1998 and ending December 31, 1998 the first four thousand dollars of retirement benefits received by each taxpayer through any privately funded annuity, pension or retirement allowance shall be subtracted from Missouri adjusted gross income:

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

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

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

(4) For all tax years beginning on or after January 1, 1999, the first six thousand dollars of retirement benefits received by each taxpayer through any privately funded annuity, pension or retirement allowance shall be subtracted from Missouri adjusted gross income:

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

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

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

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

[5.] 6. The provisions of subdivisions (1) and (2) of [subsection 3] subsections 3 and 4 of this section shall apply during all tax years in which the federal Internal Revenue Code provides exemption levels for calculation of the taxability of social security benefits that are the same as the levels in subdivisions (1) and (2) of [subsection 3] subsections 3 and 4 of this section. If the exemption levels for the calculation of the taxability of social security benefits are adjusted by applicable federal law or regulation, the exemption levels in subdivisions (1) and (2) of [subsection 3] subsections 3 and 4 of this section shall be accordingly adjusted to the same exemption levels.

[6.] 7. For each tax year beginning on or after January 1, 1990, the portion of a taxpayer's lump sum distribution from an annuity or other retirement plan not otherwise included in Missouri adjusted gross income as calculated under this chapter, but subject to taxation under Internal Revenue Code section 402 shall be taxed in an amount equal to ten percent of the taxpayer's federal liability on such distribution for the same tax year.

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

[8. The provisions of this section shall apply to all other annuities, pensions and retirement allowances as subsequently defined and provided by law for tax years beginning on or after January 1, 1991.]

143.161. 1. For all tax years beginning before January 1, 1997, a resident may deduct four hundred dollars for each dependent for whom he is entitled to a dependency exemption deduction for federal income tax purposes.

2. For all tax years beginning on or after January 1, 1997, a resident may deduct six hundred dollars for each dependent for whom he is entitled to a dependency exemption deduction for federal income tax purposes.

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

144.020. 1. A tax is hereby levied and imposed upon all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable service at retail in this state. Except as provided in subsection 3 of this section, the rate of tax shall be as follows:

(1) Upon every retail sale in this state of tangible personal property, a tax equivalent to [four] three and seven-eighths percent of the purchase price paid or charged, or in case such sale involves the exchange of property, a tax equivalent to [four] three and seven-eighths percent of the consideration paid or charged, including the fair market value of the property exchanged at the time and place of the exchange, except as otherwise provided in section 144.025;

(2) A tax equivalent to [four] three and seven-eighths percent of the amount paid for admission and seating accommodations, or fees paid to, or in any place of amusement, entertainment or recreation, games and athletic events;

(3) A tax equivalent to [four] three and seven-eighths percent of the basic rate paid or charged on all sales of electricity or electrical current, water and gas, natural or artificial, to domestic, commercial or industrial consumers;

(4) A tax equivalent to [four] three and seven-eighths percent on the basic rate paid or charged on all sales of service to telephone subscribers and to others through equipment of telephone subscribers for the transmission of messages and conversations, both local and long distance, and upon the sale, rental or leasing of all equipment or services pertaining or incidental thereto; except that, the payment made by telephone subscribers or others, pursuant to section 144.060, shall not be considered as amounts paid for communication or telephone services or equipment;

(5) A tax equivalent to [four] three and seven-eighths percent of the basic rate paid or charged for all sales of services for transmission of messages of telegraph companies;

(6) A tax equivalent to [four] three and seven-eighths percent on the amount of sales or charges for all rooms, meals and drinks furnished at any hotel, motel, tavern, inn, restaurant, eating house, drugstore, dining car, tourist cabin, tourist camp or other place in which rooms, meals or drinks are regularly served to the public;

(7) A tax equivalent to [four] three and seven-eighths percent of the amount paid or charged for intrastate 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 transportation division of the department of economic development of Missouri, engaged in the transportation of persons for hire;

(8) A tax equivalent to [four] three and seven-eighths percent of the amount paid or charged for rental or lease of tangible personal property, provided that if the lessor or renter of any tangible personal property had previously purchased the property under the conditions of "sale at retail" as defined in subdivision (8) of section 144.010 and the tax was paid at the time of purchase, the lessor or renter shall not apply or collect the tax on the subsequent lease or rental receipts from that property. The purchase or use of motor vehicles, trailers, boats, and outboard motors shall be taxed and the tax paid as provided in sections 144.070 and 144.440, and no such tax shall then be collected on the rental or lease of motor vehicles, trailers, boats, and outboard motors, except as provided in sections 144.070 and 144.440. In no event shall the rental or lease of boats and outboard motors be considered a sale, charge, or fee to, for or in places of amusement, entertainment or recreation nor shall any such rental or lease be subject to any tax imposed to, for, or in such places of amusement, entertainment or recreation. Rental and leased boats or outboard motors shall be taxed under the provisions of the sales tax laws as provided under such laws for motor vehicles and trailers. Tangible personal property which is exempt from the sales or use tax under section 144.030 upon a sale thereof is likewise exempt from the sales or use tax upon the lease or rental thereof.

3. Beginning January 1, 1997 the rate of tax imposed under subsection 1 of this section shall return to the rate equivalent to four percent of the amount paid, charged or exchanged.

144.021. The purpose and intent of sections 144.010 to 144.510 is to impose a tax upon the privilege of engaging in the business, in this state, of selling tangible personal property and those services listed in section 144.020. The primary tax burden is placed upon the seller making the taxable sales of property or service and is levied at the rate provided for in section 144.020. Excluding sections 144.070, 144.440 and 144.450, the extent to which a seller is required to collect the tax from the purchaser of the taxable property or service is governed by section 144.285 and in no way affects sections 144.080 and 144.100, which require all sellers to report to the director of revenue their "gross receipts", defined herein to mean the aggregate amount of the sales price of all sales at retail, and remit tax at [four] three and seven-eighths percent of their gross receipts. However, beginning January 1, 1997, the tax rate under this section shall return to four percent of gross receipts.

144.440. 1. In addition to all other taxes now or hereafter levied and imposed upon every person for the privilege of using the highways or waterways of this state, there is hereby levied and imposed a tax equivalent to [four] three and seven-eighths percent of the purchase price, as defined in section 144.070, which is paid or charged on new and used motor vehicles, trailers, boats, and outboard motors purchased or acquired for use on the highways or waters of this state which are required to be registered under the laws of the state of Missouri. However, beginning January 1, 1997, the tax rate under this section shall return to four percent of the purchase price.

7. The provisions of this section, and the tax imposed by this section, shall not apply to manufactured homes.

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

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

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

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

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

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

4. A taxpayer shall not be allowed to claim a tax credit unless the total amount of such taxpayer's contribution or contributions to a maternity home or homes in such taxpayer's taxable year is at least one hundred dollars.

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

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

7. The director of the department of health shall establish a procedure by which, from the beginning of the fiscal year until some point in time later in the fiscal year to be determined by the director of the department of health, the cumulative amount of tax credits are equally apportioned among all facilities classified as maternity homes. If a maternity home fails to use all, or some percentage to be determined by the director of the department of health, of its apportioned tax credits during this predetermined period of time, the director of the department of health may reapportion these unused tax credits to those maternity homes that have used all, or some percentage to be determined by the director of the department of health, of their apportioned tax credits during this predetermined period of time. The director of the department of health may establish more than one period of time and reapportion more than once during each fiscal year. To the maximum extent possible, the director of the department of health shall establish the procedures described herein 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. The director of the department of health shall promulgate such rules as are necessary to achieve the purposes of this section. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

Section 2. 1. For tax returns filed on or after January 1, 1997 a Missouri resident individual taxpayer shall be eligible for a food tax credit, in the amount of fifteen dollars per dependent claimed, against the tax otherwise due under chapter 143, RSMo.

2. Any resident who does not file a return under this chapter and who was not claimed as a dependent by a resident individual taxpayer may file for the credit authorized herein on forms provided by the director of revenue.

3. This section shall take effect only if no sales tax reduction or credit is made under section 144.022.

Section 3. 1. As used in this section, the following terms shall mean:

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

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

4. A taxpayer shall not be allowed to claim a tax credit unless the total amount of such taxpayer's contribution or contributions to a shelter or shelters for victims of domestic violence in such taxpayer's taxable year is at least one hundred dollars.

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

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

7. The director of public safety shall establish a procedure by which, from the beginning of the fiscal year until some point in time later in the fiscal year to be determined by the director of public safety, the cumulative amount of tax credits are equally apportioned among all facilities classified as shelters for victims of domestic violence. If a shelter for victims of domestic violence fails to use all, or some percentage to be determined by the director of public safety, of its apportioned tax credits during this predetermined period of time, the director of public safety may reapportion these unused tax credits to those shelters for victims of domestic violence that have used all, or some percentage to be determined by the director of public safety, of their apportioned tax credits during this predetermined period of time. The director of public safety may establish more than one period of time and reapportion more than once during each fiscal year. To the maximum extent possible, the director of public safety shall establish the procedures described herein 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. The director of public safety shall promulgate such rules as are necessary to achieve the purposes of this section. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

Section B. Because of the need to reduce state revenues, sections 144.020, 144.021, 144.022 and 144.440 of this act are deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and are hereby declared to be an emergency act within the meaning of the constitution, and sections 144.020, 144.021, 144.022 and 144.440 of this act shall be in full force and effect upon its passage and approval or on July 1, 1996, whichever is later.

Section C. Sections 143.111, 143.122, 143.124, 143.161, 1, 2 and 3 of this act shall become effective on January 1, 1997.".

Senator Schneider moved that the above substitute amendment be adopted.

Senator Wiggins resumed the Chair.

Senator Lybyer raised the point of order that SSA 1 for SA 3 is out of order in that it attempts to amend material into the bill that already exists.

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

SSA 1 for SA 3 was again taken up.

At the request of Senator Lybyer, HS for HCS for HB 1172, with SCS, SA 3, and SSA 1 for SA 3 (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

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

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred HS for SS for SB 981, begs leave to report that it has examined the same and finds that the bill has been duly enrolled and that the printed copies furnished the Senators are correct.

President Pro Tem Mathewson resumed the Chair.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and HS for SS for SB 981, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bill would be signed by the President Pro Tem to the end that it may become law. No objections being made, the bill was so read by the Secretary and signed by the President Pro Tem.

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for SS for SCS for SB 722, entitled:

An Act to repeal sections 43.506, 82.1000, 302.060, 302.304, 302.309, 302.505, 302.510, 302.520, 302.530, 302.535, 302.540, 302.541, 479.020, 479.040, 479.500, 577.001, 577.012, 577.020, 577.021, 577.037, 577.039, 577.041, 577.049, 577.520 and 577.525, RSMo 1994, and sections 302.010, 302.171, 302.302, 302.312 and 577.614, RSMo Supp. 1995, relating to operation of motor vehicles, and to enact in lieu thereof thirty-three new sections relating to the same subject.

With House Amendments Nos. 1, 2, 3, 4, 6, 7, 8, 9 and 11.

HOUSE AMENDMENT NO. 1

Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 722, Page 40, Section 302.505, Line 14 of said page, by inserting immediately after the word "a" the word "state,"; and

Further amend said bill, Page 40, Section 302.505, Line 15 of said page, by deleting the words "alcohol related".

HOUSE AMENDMENT NO. 2

Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 722, Page 60, Section 479.500, Lines 3-4, by striking "one traffic judge" and replacing with the following: "[one traffic judge] two traffic judges"; and

Further amend said bill, Page 60, Section 479.500, Line 22, by inserting after the word "circuit" the following: "and associate circuit";

Further amend said bill, Page 63, Section 479.500, Line 4, by striking "one commissioner" and replacing with: "[one commissioner] two commissioners".

HOUSE AMENDMENT NO. 3

Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 722, Page 12, Section 302.010, Line 22 of said page, by striking the words "court approval" and inserting in lieu thereof the words "judicial review"; and

Further amend said bill, page 29, section 302.304, lines 14-22, by striking all of said lines; and further on page 30, line 1 of said page, by striking all of said line and inserting in lieu thereof the following: "or upon good cause shown or the court may waive such requirement upon good cause shown. The court in making this determination shall consider the person's driving record, the circumstances surrounding the offense and the likelihood of the person committing a like offense in the future. Assignment recommendations, based upon the needs assessment as described in subdivision (21) of section 302.010, shall be delivered in writing to the person with written notice that the person is entitled to have such assignment recommendations reviewed by the court if the person objects to the recommendations. The person may file a motion in the associate division of the circuit court, on a printed form provided by the state courts administrator, to have the court hear and determine such motion pursuant to the provisions of chapter 517, RSMo, after reviewing such assessment. The motion shall name the person or entity making the needs assessment as the respondent and a copy of the motion shall be served upon the respondent in any manner allowed by law. Such assessment and compliance with the court determination of the motion shall satisfy the provisions of this section for the purpose of reinstating such person's license to operate a motor vehicle. The respondent's personal appearance at any hearing conducted pursuant to this subsection shall not be necessary unless directed by the court."; and

Further amend said bill, page 51, section 302.540, lines 2-13 of said page, by striking all of said lines and inserting in lieu thereof the following: "or upon good cause shown or the court may waive such requirement upon good cause shown. The court in making this determination shall consider the person's driving record, the circumstances surrounding the offense and the likelihood of the person committing a like offense in the future. Assignment recommendations, based upon the needs assessment as described in subdivision (21) of section 302.010, shall be delivered in writing to the person with written notice that the person is entitled to have such assignment recommendations reviewed by the court if the person objects to the recommendations. The person may file a motion in the associate division of the circuit court, on a printed form provided by the state courts administrator, to have the court hear and determine such motion pursuant to the provisions of chapter 517, RSMo, after reviewing such assessment. The motion shall name the person or entity making the needs assessment as the respondent and a copy of the motion shall be served upon the respondent in any manner allowed by law. Such assessment and compliance with the court determination of the motion shall satisfy the provisions of this section for the purpose of reinstating such person's license to operate a motor vehicle. The respondent's personal appearance at any hearing conducted pursuant to this subsection shall not be necessary unless directed by the court."; and

Further amend said bill, page 64, section 577.001, line 18 of said page, by striking the words "court approval" and inserting in lieu thereof the words "judicial review"; and

Further amend said bill, page 75, section 577.041, lines 3-14 of said page, by striking all of said lines and inserting in lieu thereof the following: "shown or the court may waive such requirement upon good cause shown. The court in making this determination shall consider the person's driving record, the circumstances surrounding the offense and the likelihood of the person committing a like offense in the future. Assignment recommendations, based upon the needs assessment as described in subdivision (21) of section 302.010, shall be delivered in writing to the person with written notice that the person is entitled to have such assignment recommendations reviewed by the court if the person objects to the recommendations. The person may file a motion in the associate division of the circuit court, on a printed form provided by the state courts administrator, to have the court hear and determine such motion pursuant to the provisions of chapter 517, RSMo, after reviewing such assessment. The motion shall name the person or entity making the needs assessment as the respondent and a copy of the motion shall be served upon the respondent in any manner allowed by law. Such assessment and compliance with the court determination of the motion shall satisfy the provisions of this section for the purpose of reinstating such person's license to operate a motor vehicle. The respondent's personal appearance at any hearing conducted pursuant to this subsection shall not be necessary unless directed by the court."

HOUSE AMENDMENT NO. 4

Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 722, Page 21, Section 302.302, Line 5 from the top of said page, by inserting immediately after the word "offenses" the following: "however combined"; and

Further amend said bill, Page 31, Section 302.309, Lines 5 through 6 from the top of said page, by deleting the following: "judges.] or the application" and inserting in lieu thereof the following: "judges]. Any application; and

Further amend said bill, Page 33, Section 302.309, Line 16 from the top of said page, by deleting immediately after the word "director" the bracket "["; and

Further amend said bill, Page 33, Section 302.309, Line 17 from the top of said page, by deleting the words "him whenever he" and inserting in lieu thereof the following: "[him] the driver whenever [he] such driver"; and

Further amend said bill, Page 33, Section 302.309, Line 18 from the top of said page, by deleting the following: "operates]." and inserting in lieu thereof the following: "operates a motor vehicle."; and

Further amend said bill, Page 33, Section 302.309, Line 18 from the top of said page, by inserting immediately after the word "revenue" the following: "upon granting a limited driving privilege"; and

Further amend said bill, Page 34, Section 302.309, Line 15 from the top of said page, by deleting the following: "or who meets the following criteria".

HOUSE AMENDMENT NO. 6

Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 722, Page 40, Section 302.505, Line 10 of said page, by striking the words "reasonable suspicion" and inserting in lieu thereof the words "probable cause"; and further amend line 14 of said page, by striking the words "reasonable suspicion" and inserting in lieu thereof the words "probable cause"; and

Further amend said bill, page 63, section 577.001, line 17 of said page, by striking "or being in actual physical control of"; and

Further amend said bill, page 71, section 577.039, line 4 of said page, by inserting immediately after "any" the following: "[ and when"; and further amend said line, by striking the words "must be" and inserting in lieu thereof the word "is"; and further amend line 5 of said page, by striking the closing bracket "]" and inserting in lieu thereof the following: ", unless the person to be arrested has left the scene of an accident or has been removed from the scene to receive medical treatment, in which case such arrest without warrant may be made more than one and one-half hours after such violation occurred".

HOUSE AMENDMENT NO. 7

Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 722, Page 68, Section 577.021, Line 9, by inserting immediately after said line the following:

"577.023. 1.

(1) An "intoxication-related traffic offense" is driving while intoxicated, driving with excessive blood alcohol content, or driving under the influence of alcohol or drugs in violation of state law or a county or municipal ordinance, where the judge in such case was an attorney and the defendant was represented by or waived the right to an attorney in writing;

(2) A "persistent offender" is a person who has pleaded guilty to or has been found guilty of two or more intoxication-related traffic offenses, where such two or more offenses occurred within ten years of the occurrence of the intoxication-related traffic offense for which the person is charged; and

(3) A "prior offender" is a person who has pleaded guilty to or has been found guilty of one intoxication-related traffic offense, where such prior offense occurred within five years of the occurrence of the intoxication-related traffic offense for which the person is charged.

2. Any person who pleads guilty to or is found guilty of a violation of section 577.010 or 577.012 who is alleged and proved to be a prior offender shall be guilty of a class [A misdemeanor] D felony.

3. Any person who pleads guilty to or is found guilty of a violation of section 577.010 or 577.012 who is alleged and proved to be a persistent offender shall be guilty of a class D felony.

4. No court shall suspend the imposition of sentence as to a prior or persistent offender under this section nor sentence such person to pay a fine in lieu of a term of imprisonment, section 557.011, RSMo, to the contrary notwithstanding, nor shall such person be eligible for parole or probation until he has served a minimum of forty-eight consecutive hours' imprisonment, unless as a condition of such parole or probation such person performs at least ten days of community service under the supervision of the court in those jurisdictions which have a recognized program for community service.

5. The court shall find the defendant to be a prior offender or persistent offender, if:

(1) The indictment or information, original or amended, or the information in lieu of an indictment pleads all essential facts warranting a finding that the defendant is a prior offender or persistent offender; and

(2) Evidence is introduced that establishes sufficient facts pleaded to warrant a finding beyond a reasonable doubt the defendant is a prior offender or persistent offender; and

(3) The court makes findings of fact that warrant a finding beyond a reasonable doubt by the court that the defendant is a prior offender or persistent offender.

6. In a jury trial, the facts shall be pleaded, established and found prior to submission to the jury outside of its hearing.

7. In a trial without a jury or upon a plea of guilty, the court may defer the proof in findings of such facts to a later time, but prior to sentencing.

8. The defendant shall be accorded full rights of confrontation and cross-examination, with the opportunity to present evidence, at such hearings.

9. The defendant may waive proof of the facts alleged.

10. Nothing in this section shall prevent the use of presentence investigations or commitments.

11. At the sentencing hearing both the state and the defendant shall be permitted to present additional information bearing on the issue of sentence.

12. The pleas or findings of guilty shall be prior to the date of commission of the present offense.

13. The court shall not instruct the jury as to the range of punishment or allow the jury, upon a finding of guilty, to assess and declare the punishment as part of its verdict in cases of prior offenders or persistent offenders.

14. Evidence of prior convictions shall be heard and determined by the trial court out of the hearing of the jury prior to the submission of the case to the jury, and shall include but not be limited to evidence of convictions received by a search of the records of the Missouri uniform law enforcement system maintained by the Missouri state highway patrol. After hearing the evidence, the court shall enter its findings thereon. A conviction of a violation of a municipal or county ordinance in a county or municipal court for driving while intoxicated or a conviction or a plea of guilty or a finding of guilty followed by a suspended imposition of sentence, suspended execution of sentence, probation or parole or any combination thereof in a state court shall be treated as a prior conviction."; and

Further amend the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 8

Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 722, Section 302.060, by inserting after said section, the following:

"302.171. 1. Application for a license shall be made upon an approved form furnished by the director. Every application shall state the full name, social security number, age, height, weight, color of eyes, color of hair, sex, residence, mailing address of the applicant, and the classification for which the applicant has been licensed, and, if so, when and by what state, and whether or not such license has ever been suspended, revoked, or disqualified, and, if revoked, suspended or disqualified, the date and reason for such suspension, revocation or disqualification and whether the applicant is making a one dollar donation to promote an organ donation program as prescribed in subsection 2 of this section. The application shall also contain such information as the director may require to enable [him] the director to determine the applicant's qualification for driving a motor vehicle; and shall state whether or not the applicant has been convicted in this or any other state for violating the laws of this or any other state or any ordinance of any municipality, relating to careless driving, or driving while intoxicated, or failing to stop after an accident and disclosing [his] the applicant's identity, or driving a motor vehicle without the owner's consent. The application shall contain a certification by the applicant as to the truth of the facts stated therein. Every person who applies for a license to operate a motor vehicle who is less than twenty-one years of age shall be provided with educational materials relating to the hazards of driving while intoxicated, including information on penalties imposed by law for violation of the intoxication- related offenses of the state, review a video in reference to accidents involving alcohol and drug abuse; provided by the department of mental health/alcohol and drug division; but not limited to the department's video, if other video on the subject is available. The video cost shall not exceed $3,000 to produce or purchase and distribute to state licensing facilities (approximately 60 sites).

2. An applicant for a license may make a donation of one dollar to promote an organ donor program. The director of revenue shall collect the donations and deposit all such donations in the state treasury to the credit of the organ donor program fund established in sections 194.297 to 194.304, RSMo. Moneys in the organ donor program fund shall be used solely for the purposes established in sections 194.297 to 194.304, RSMo, except that the department of revenue shall retain no more than one percent for its administrative costs. The donation prescribed in this subsection is voluntary and may be refused by the applicant for the license at the time of issuance or renewal of the license. The director shall make available an informational booklet or other informational sources on the importance of organ donations to applicants for licensure as designed by the organ donation advisory committee established in sections 194.297 to 194.304, RSMo. The director shall inquire of each applicant at the time the licensee presents the completed application to the director whether the applicant is interested in making the one dollar donation prescribed in this subsection and whether the applicant is interested in making an organ donation and shall also specifically inform the licensee of the ability to make an organ donation by completing the form on the reverse of the license that the applicant will receive in the manner prescribed by subsection 6 of section 194.240, RSMo. The director shall notify the department of health of information obtained from applicants who indicate to the director that they are interested in making organ donations, and the department of health shall enter only the complete name and address in the registry established in subsection 1 of section 194.304, RSMo."; and

Further amend title and enacting clause accordingly.

HOUSE AMENDMENT NO. 9

Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 722, Page 38, Section 302.309, Line 19 of said page by deleting the word "solely" and on line 20 by inserting after the word "and" the words "other competent evidence and" and on line 21 by inserting after the word "was" the word "statutorily" and after the word "privileges" by deleting the remaining words on lines 21 and 22.

HOUSE AMENDMENT NO. 11

Amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 722, Page 35, Section 302.309, Line 5 by deleting the words "in eligibility" and insert in lieu thereof "ineligibility".

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HCS for SB 572, as amended: Representatives: Morgan, Franklin, Stoll, McClelland, Bartelsmeyer.

PRIVILEGED MOTIONS

Senator Moseley moved that the Senate refuse to concur in HS for HCS for SS for SB 722, as amended, and request the House to recede from its position or failing to do so, grant the Senate a conference thereon, which motion prevailed.

HOUSE BILLS ON THIRD READING

Senator Caskey moved that HS for HCS for HBs 1169 and 1271, with SCS, SA 4 and SSA 1 for SA 4 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SSA 1 for SA 4 was again taken up.

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

Senators Melton, Moseley and Treppler offered SSA 2 for SA 4:

SENATE SUBSTITUTE AMENDMENT NO. 2

FOR SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1169 and 1271, Page 7, Section 302.010, Line 99, by striking the words "court approval" and inserting in lieu thereof the following: "judicial review"; and

Further amend said bill, pages 16-17, section 302.304, lines 106-107, by striking the words "or the court"; and

Further amend said bill, page 17, section 302.304, lines 108-119, by striking all of said lines and inserting in lieu thereof the following: "program or upon good cause shown or the court may waive such requirement upon good cause shown. The court in making this determination shall consider the person's driving record, the circumstances surrounding the offense and the likelihood of the person committing a like offense in the future. Assignment recommendations, based upon the needs assessment as described in subdivision (21) of section 302.010, shall be delivered in writing to the person with written notice that the person is entitled to have such assignment recommendations reviewed by the court if the person objects to the recommendations. The person may file a motion in the associate division of the circuit court, on a printed form provided by the state courts administrator, to have the court hear and determine such motion pursuant to the provisions of chapter 517, RSMo, after reviewing such assessment. The motion shall name the person or entity making the needs assessment as the respondent and a copy of the motion shall be served upon the respondent in any manner allowed by law. Such assessment and compliance with the court determination of the motion shall satisfy the provisions of this section for the purpose of reinstating such person's license to operate a motor vehicle. The respondent's personal appearance at any hearing conducted pursuant to this subsection shall not be necessary unless directed by the court."; and

Further amend said bill, page 28, section 302.540, line 38, by striking the words "or the court"; and

Further amend said bill, pages 28-29, section 302.540, lines 40-50, by striking all of said lines and inserting in lieu thereof the following: "shown or the court may waive such requirement upon good cause shown. The court in making this determination shall consider the person's driving record, the circumstances surrounding the offense and the likelihood of the person committing a like offense in the future. Assignment recommendations, based upon the needs assessment as described in subdivision (21) of section 302.010, shall be delivered in writing to the person with written notice that the person is entitled to have such assignment recommendations reviewed by the court if the person objects to the recommendations. The person may file a motion in the associate division of the circuit court, on a printed form provided by the state courts administrator, to have the court hear and determine such motion pursuant to the provisions of chapter 517, RSMo, after reviewing such assessment. The motion shall name the person or entity making the needs assessment as the respondent and a copy of the motion shall be served upon the respondent in any manner allowed by law. Such assessment and compliance with the court determination of the motion shall satisfy the provisions of this section for the purpose of reinstating such person's license to operate a motor vehicle. The respondent's personal appearance at any hearing conducted pursuant to this subsection shall not be necessary unless directed by the court."; and

Further amend said bill, page 36, section 577.001, lines 21-22, by striking the words "court approval" and inserting in lieu thereof the following: "judicial review"; and

Further amend said bill, page 41, section 577.041, line 70, by striking the words "or the court"; and

Further amend said bill, page 41, section 577.041, lines 72-83, by striking all of said lines and inserting in lieu thereof the following: "upon good cause shown or the court may waive such requirement upon good cause shown. The court in making this determination shall consider the person's driving record, the circumstances surrounding the offense and the likelihood of the person committing a like offense in the future. Assignment recommendations, based upon the needs assessment as described in subdivision (21) of section 302.010, shall be delivered in writing to the person with written notice that the person is entitled to have such assignment recommendations reviewed by the court if the person objects to the recommendations. The person may file a motion in the associate division of the circuit court, on a printed form provided by the state courts administrator, to have the court hear and determine such motion pursuant to the provisions of chapter 517, RSMo, after reviewing such assessment. The motion shall name the person or entity making the needs assessment as the respondent and a copy of the motion shall be served upon the respondent in any manner allowed by law. Such assessment and compliance with the court determination of the motion shall satisfy the provisions of this section for the purpose of reinstating such person's license to operate a motor vehicle. The respondent's personal appearance at any hearing conducted pursuant to this subsection shall not be necessary unless directed by the court.".

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

Senator Caskey moved that SCS for HS for HCS for HBs 1169 and 1271, as amended, be adopted, which motion prevailed.

On motion of Senator Caskey, SCS for HS for HCS for HBs 1169 and 1271, as amended, was read the 3rd time and passed by the following vote:

Yeas--Senators
Banks Bentley Caskey Ehlmann
Flotron Goode Graves Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell Melton
Moseley Mueller Quick Rohrbach
Russell Schneider Sims Singleton
Staples Treppler Westfall Wiggins--28

Nays--Senators
Clay McKenna--2

Absent--Senators
Curls DePasco--2

Absent with leave--Senators
House Scott--2

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

Senator Caskey moved that HCS for HBs 800, 812, 817 and 821, with SCS, SS No. 4 for SCS, SA 1 and SSA 1 for SA 1 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SSA 1 for SA 1 was again taken up.

Senator Kenney moved that the above substitute amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Graves, Klarich, Mueller and Staples.

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

Yeas--Senators
DePasco Ehlmann Flotron Graves
Howard Kenney Kinder Klarich
Mueller Rohrbach Russell Singleton
Westfall--13

Nays--Senators
Banks Bentley Caskey Clay
Curls Goode Johnson Mathewson
Maxwell McKenna Moseley Schneider
Sims Staples Treppler Wiggins--16

Absent--Senators
Lybyer Melton Quick--3

Absent with leave--Senators
House Scott--2

SA 1 was again taken up.

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

At the request of Senator Caskey, SS No. 4 for SCS for HCS for HBs 800, 812, 817 and 821 was withdrawn.

Senator Caskey offered SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, entitled:

SENATE SUBSTITUTE NO. 5 FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 800, 812, 817 AND 821

An Act to repeal sections 105.470, 195.017, 217.730, 302.225, 317.001, 317.006, 367.011, 367.021, 367.031, 367.040, 367.043, 367.044, 367.045, 367.047, 367.048, 367.049, 367.050, 451.020, 479.020, 542.276, 544.170, 546.680, 556.037, 562.021, 566.067, 566.068, 569.170, 570.210, 574.085, 575.010, 575.020, 575.030, 575.090, 590.110, 595.025 and 595.045, RSMo 1994, sections 544.157, 549.525, 565.084, 566.600 and 600.042, RSMo Supp. 1995, and section 544.216 as enacted by the second regular session of the eighty-eighth general assembly in conference committee substitute for senate substitute no. 2 for senate substitute for house bill no. 1047 and signed by the governor on March 13, 1996, relating to crime, and to enact in lieu thereof sixty-four new sections relating to the same subject, with penalty provisions, an emergency clause for certain sections and a termination date for a certain section.

Senator Caskey moved that SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821 be adopted.

Senator Klarich offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Substitute No. 5 for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 800, 812, 817 and 821, Page 124, Section 8, Line 16, by inserting immediately after said line the following:

"Section 9. Any law enforcement agency that employs a peace officer certified pursuant to chapter 590, RSMo, shall inform such officer in writing at least fifteen days prior to dismissing, demoting or suspending such officer. Such written notification shall include the reasons for such action."; and

Further amend the title and enacting clause accordingly.

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

Senator Kinder offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute No. 5 for Senate Committee Substitute for House Committee Substitute for House Bill No. 800, 812, 817, and 821, Page 124, Section 8, Line 16 by inserting immediately after said line the following:

"Section 9. 1. As used in this section, the following terms mean:

(1) "Partial-birth abortion", an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery;

(2) "Physician", a doctor of medicine or osteopathy legally authorized to practice medicine and surgery or any other individual legally authorized to perform abortions; however, any individual who is not a physician or not otherwise legally authorized by the state to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the provisions of this section.

2. Any physician who knowingly performs a partial-birth abortion which results in the death of a human fetus is guilty of a class A misdemeanor and may be fined up to five thousand dollars. This subsection shall not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness or injury and if no other medical procedure could be performed to protect the mother's life or physical health.

3. The father, if married to the mother at the time she receives a partial-birth abortion procedure and, if the mother has not attained the age of eighteen years at the time of the abortion, the maternal grandparents of the fetus may, in a civil action, obtain appropriate relief against the physician performing the partial-birth abortion and the hospital where such abortion is performed, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Such relief shall include:

(1) Money damages for all injuries, psychological and physical, occasioned by the violation of this section; and

(2) Statutory damages equal to three times the cost of the partial-birth abortion.

4. A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section."; and

Further amend the title and enacting clause accordingly.

Senator Kinder moved that the above amendment be adopted.

Senator Quick resumed the Chair.

Senator Clay raised the point of order that SA 2 is out of order in that the amendment goes beyond the scope and purpose of the bill.

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

Senator Kinder moved that SA 2 be adopted and requested a roll call vote be taken. He was joined in his request by Senators Ehlmann, Kenney, Mathewson and Staples.

SA 2 was adopted by the following vote:

Yeas--Senators
Bentley Caskey Clay Curls
DePasco Ehlmann Flotron Goode
Graves Howard Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Melton Mueller
Quick Rohrbach Russell Schneider
Sims Singleton Staples Treppler
Westfall Wiggins--30

Nays--Senators
Banks Moseley--2

Absent--Senators--None

Absent with leave--Senators
House Scott--2

Senator Schneider offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Substitute No. 5 for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 800, 812, 817 and 821, Pages 2 to 13, Section 105.470, by striking all of said section; and

Further amend the title and enacting clause accordingly.

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

Senator Clay offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Substitute No. 5 for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 800, 812, 817 and 821, Page 72, Section 479.020, Line 27, by inserting immediately after said line the following:

"516.145. Within one year: all actions brought by an offender, as defined in section 217.010, RSMo, or by any pretrial detainee, against the department of corrections or any municipal or county jail or other detention facility, or any entity or division thereof, or any employee or former employee for an act in an official capacity, or by the omission of an official duty or any other act or omission performed under color of law."; and

Further amend the title and enacting clause accordingly.

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

Senator Moseley offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute No. 5 for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 800, 812, 817 & 821, Page 39, Section 302.225, Line 14, by inserting after all of said line the following:

"315.067. 1. A person operating a hotel, and the term "hotel" used in this act shall include all the "lodging establishments" defined in section 315.005, has the right to refuse or deny the use of a room, accommodations, facilities, or other privileges of the hotel to any of the following:

(1) An individual unwilling or unable to pay for the room, accommodations, facilities, or other privileges of the hotel;

(2) An individual who is visibly intoxicated, and under the influence of alcohol or other drug, and who is disorderly so as to create a public nuisance;

(3) An individual the hotel operator reasonably believes is seeking to use a room, accommodations, facilities, or other privileges of the hotel for an unlawful purpose;

(4) An individual the hotel operator reasonably believes is bringing in anything which may create an unreasonable danger or risk to other persons, including but not limited to unlawful use of firearms or explosives;

(5) An individual whose use of the room, accommodations, facilities, or other privileges of the hotel would result in a violation of the maximum capacity of such hotel.

2. A hotel operator who reasonably refuses or denies the use of a room, accommodations, facilities, or other privileges of the hotel pursuant to this section is not subject to any civil or criminal action or any fine or other penalty.

315.069. The hotel operator has the right to require a person seeking the use of a room, accommodations, facilities, or other privileges of the hotel to demonstrate the ability to pay for such use by cash, credit card, or approved check. The hotel operator may require the parent or guardian of a person less than eighteen years of age to do all of the following:

(1) Accept in writing the liability for the cost of the room, accommodations, facilities, or other privileges of the hotel used by the person, and for the cost of any damages to the room, furnishings in the room, or other facilities of the hotel caused by the person while the person is using the room, accommodations, facilities, or other privileges of the hotel;

(2) Provide the hotel operator with one of the following:

(a) The authority to charge any amount due for the cost of the room, accommodations, facilities, or other privileges of the hotel used by the person, and for the cost of any damages to the room, furnishings in the room, or other facilities of the hotel caused by the person while the person is using the room, accommodations, facilities, or other privileges of the hotel to a credit card use of a credit card by person under the age of eighteen years shall be deemed a waiver of any defense based upon the age of such person as may be raised by the minor or the person authorizing the use of the credit card;

(b) An advance cash payment sufficient to cover the cost of the room, accommodations, facilities, or other privileges the hotel used by the person, and a reasonable amount as a deposit toward the cost of any damages to the room, furnishings in the room, or other facilities of the hotel caused by the person while the person is using the room, accommodations, facilities, or other privileges of the hotel. A cash deposit for any damages required by the hotel operator shall be promptly refunded to the extent not used to cover the cost of any such damages as determined by the hotel operator following an inspection of the room, accommodations, or facilities of the hotel used by the person at the end of the person's stay.

315.072. In addition to any other applicable penalties, a court may order a person to pay restitution for any damages caused by such person which are suffered by the owner or operator of the hotel. Damages for which restitution may be ordered, in addition to physical damages, may include the loss of revenue resulting from the hotel being unable to rent or lease the room, accommodation, or facility during any time of repair, and restitution to any other individual who is injured or whose property is damaged as a result of the violation. Subject to the restrictions provided in section 537.045, RSMo, the parent or guardian, excluding foster parents, of a person less than eighteen years of age in their care and custody, may be liable to the owner or operator for the acts of the person which result in damage to the room, accommodation, or facility, and for restitution to any other individual who is injured or whose property is damaged as a result of such acts.

315.075. An owner or operator of a hotel may eject a person from the hotel and shall notify the appropriate local law enforcement authorities for any of the following reasons:

(1) Nonpayment of charges incurred by the individual renting or leasing a room, accommodations, or facilities of the hotel when the charges are due and owing;

(2) The individual renting or leasing a room, accommodations, or facilities of the hotel is visibly intoxicated, and is under the influence of alcohol or other drug, and is disorderly so as to create a public nuisance;

(3) The owner or operator reasonably believes that the individual is using the premises for an unlawful purpose;

(4) The owner or operator reasonably believes that the individual has brought anything into the hotel which may create an unreasonable danger or risk to other persons, including but not limited to unlawful use of firearms or explosives; and

(5) The individual is in violation of any federal, state, or local laws or regulations relating to the hotel.

315.077. An owner or operator of a hotel shall post a copy of sections 315.067 to 315.079 of this act, in addition to any rules established by the owner or operator of the hotel, in a conspicuous place at or near the guest registration desk and in each room of the hotel.

315.079. 1. Each individual renting or leasing a room, accommodations, or facilities of the hotel shall register, and may be required by the owner or operator of the hotel to show proof of identity by producing a valid driver's license, or other identification satisfactory to the owner or operator. If the individual is a person less than eighteen years of age, the owner or operator may also require a parent or guardian of the person to register.

2. The guest register may be kept and maintained by recording, copying, or reproducing the register by any photographic, photostatic, microfilm, microcard, miniature photographic, electronic imaging, electronic data processing, or other process which accurately reproduces or forms a durable medium for accurately and legibly reproducing an unaltered image or reproduction of the original.".; and

Further amend the title and enacting clause accordingly.

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

Senator Moseley offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute No. 5 for Senate Committee Substitute for House Committee Substitute for House Bills Nos. 800, 812, 817 and 821, Page 93, Section 562.021, Line 10 from the top of the page, by inserting immediately at the end of said line the following:

"565.005. 1. At a reasonable time before the commencement of the first stage of any trial of murder in the first degree at which the death penalty is not waived, the state and defendant, upon request and without order of the court, shall serve counsel of the opposing party with:

(1) A list of all aggravating or mitigating circumstances as provided in subsection 1 of section 565.032, which the party intends to prove at the second stage of the trial;

(2) The names of all persons whom the party intends to call as witnesses at the second stage of the trial;

(3) Copies or locations and custodian of any books, papers, documents, photographs or objects which the party intends to offer at the second stage of the trial. If copies of such materials are not supplied to opposing counsel, the party shall cause them to be made available for inspection and copying without order of the court.

2. The disclosures required in subsection 1 of this section are supplemental to those required by rules of the supreme court relating to a continuing duty to disclose information, the use of matters disclosed, matters not subject to disclosure, protective orders, and sanctions for failure to comply with an applicable discovery rule or order, all of which shall also apply to any disclosure required by this section.

3. If the defendant proposes to offer evidence of mental retardation, he shall file written notice thereof with the court no less than thirty days in advance of trial and list all expert witnesses he intends to call in support of such claim. Thereafter, the court, upon motion of the state or by or on behalf of the accused, for the purposes of performing the examination in question or to examine the accused, shall:

(1) Appoint one or more private psychiatrists or psychologists, as defined in section 632.005, RSMo; or

(2) Appoint physicians with a minimum of one year training or experience in providing treatment or services to mentally retarded individuals, who are neither employees nor contractors of the department of mental health; or

(3) Direct the director of the department of mental health or his designee to have the accused so examined by one or more psychiatrists or psychologists, as defined in section 632.005, RSMo, or physicians with a minimum of one year training or experience in providing treatment or services to mentally retarded individuals designated by the director or his designee.

4. No private psychiatrist, psychologist, or physician shall be appointed by the court pursuant to subsection 3 of this section unless he has consented to act. The examinations ordered shall be made at such time and place and under such conditions as the court deems proper; except that if the order directs the director of the department of mental health to have the accused examined, the director, or his designee, shall determine the reasonable time, place, and conditions under which the examination shall be conducted. The order may include provisions for the interview of witnesses or the production and examination of records.

5. Both the state and the defendant may take the deposition of any witness disclosed pursuant to this section.

6. Both the defendant and the state shall, upon written request, be entitled to an order granting them a second examination of the accused by a psychiatrist or psychologist, as defined in section 632.005, RSMo, or a physician with a minimum of one year training or experience in providing treatment or services to mentally retarded individuals, of their own choosing and at their own expense.

7. A claim of mental retardation so as to preclude the death penalty shall constitute an affirmative defense which shall be decided prior to trial by a judge rather than a jury and no interlocutory appeal from an adverse ruling shall be permitted by either side.

8. Whenever evidence relating to the issue of mental retardation under subsection 2 of section 565.020 is offered pursuant to the procedures contained in subsections 3, 4 and 5 of this section, the court shall, after hearing, make findings of fact and conclusions of law, prior to trial or plea, as to the issue.

565.020. 1. A person commits the crime of murder in the first degree if he knowingly causes the death of another person after deliberation upon the matter.

2. Murder in the first degree is a class A felony, and the punishment shall be either death or imprisonment for life without eligibility for probation or parole, or release except by act of the governor[; except that, if a person has not reached his sixteenth birthday at the time of the commission of the crime, the punishment shall be imprisonment for life without eligibility for probation or parole, or release except by act of the governor.], or except as provided in subsection 3 of this section.

3. A person is not eligible for the death penalty if at the time of the commission of the offense he has not reached his sixteenth birthday or he has mental retardation as defined in section 630.005, RSMo. This subsection shall only be effective for crimes occurring on or after the effective date of this section."; and

Further amend the title and enacting clause accordingly.

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

Senator Caskey moved that SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended, be adopted, which motion prevailed.

Senator Caskey was recognized to close.

President Pro Tem Mathewson referred SS No. 5 for SCS for HCS for HBs 800, 812, 817 and 821, as amended, to the Committee on State Budget Control.

CONFERENCE COMMITTEE REPORTS

Senator Moseley, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 572, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 572

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Bill No. 572, with House Amendment No. 1 and House Substitute Amendment No. 1 for House Amendment No. 2, begs leave to report that we, after 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:

1. That the Senate recede from its position on Senate Bill No. 572;

2. That the House recede from its position on House Committee Substitute for Senate Bill No. 572 with House Amendment No. 1 and House Substitute Amendment No. 1 for House Amendment No. 2;

3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Bill No. 572 be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Joe Moseley /s/ Annette N. Morgan

/s/ Morris Westfall /s/ Steve Stoll

/s/ Roseann Bentley /s/ Richard Franklin

/s/ Sidney Johnson /s/ Linda Bartelsmeyer

Ted House /s/ Emmy McClelland

Senator Moseley 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 Howard Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Melton
Moseley Quick Rohrbach Russell
Schneider Sims Singleton Treppler
Westfall Wiggins--30

Nays--Senator Mueller--1

Absent--Senator Staples--1

Absent with leave--Senators
House Scott--2

On motion of Senator Moseley, CCS for HCS for SB 572, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 572

An Act to repeal sections 160.051 and 160.053, RSMo 1994, relating to the enrollment of pupils in public schools, and to enact in lieu thereof four new sections relating to the same subject, with an effective date.

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

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves Howard Johnson
Kenney Kinder Klarich Mathewson
Maxwell McKenna Melton Moseley
Mueller Quick Rohrbach Russell
Schneider Sims Singleton Treppler
Westfall Wiggins--30

Nays--Senators--None

Absent--Senators
Lybyer Staples--2

Absent with leave--Senators
House Scott--2

The President declared the bill passed.

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

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

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

REPORTS OF STANDING COMMITTEES

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 HJR 58, with SCA 1, begs leave to report that it has considered the same and recommends that the bill do pass.

HOUSE BILLS ON THIRD READING

HJR 58, with SCA 1, introduced by Representative Lumpe, entitled:

Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 27(a) of article IV of the Constitution of Missouri, relating to certain funds in the state treasury and adopting two new sections in lieu thereof relating to the same subject.

Was taken up by Senator Rohrbach.

SCA 1 was taken up.

Senator Rohrbach moved that the above amendment be adopted.

Senator Rohrbach offered SA 1 to SCA 1:

SENATE AMENDMENT NO. 1 TO

SENATE COMMITTEE AMENDMENT NO. 1

Amend Senate Committee Amendment No. 1 to House Joint Resolution No. 58, Page 954 of the Journal for May 2, 1996, column two, line 14, by deleting the word "first" on said line and inserting in lieu thereof the word "second".

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

SCA 1, as amended, was again taken up.

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

On motion of Senator Rohrbach, HJR 58, as amended, was read the 3rd time and passed by the following vote:

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

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

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

MESSAGES FROM THE HOUSE

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

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SS No. 2 for HB 809, as amended: Representatives: Shields, Tate, Lakin, Barry, Naeger.

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 991, as amended: Representatives: Koller, Bray, VanZandt, Ostmann, Cooper.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to adopt Conference Committee Report on HS for SB 757, as amended, and requests the Senate to grant further 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 HS for HCS for HBs 1301 and 1298, as amended, and has taken up and passed CCS for SCS for HS for HCS for HBs 1301 and 1298.

Emergency clause adopted.

PRIVILEGED MOTIONS

Senator Maxwell moved that the Senate grant the House further conference on HS for SB 757, as amended, which motion prevailed.

INTRODUCTIONS OF GUESTS

Senator Flotron introduced to the Senate, Carolyn and Jimmy Cooper, St. Louis; and Jimmy was made an honorary page.

Senator Flotron introduced to the Senate, Jim Guest and Cub Scout Pack 809, St. Louis; and Paul Guest, Brad Kelsheimer, Kurt Reuther and Tim Dunn were made honorary pages.

Senator Sims introduced to the Senate, Pam Mahon and eighty five fourth grade students from Wyland School, St. Louis; and Christopher Fetch, Kristina Wiser, Jenny Brandt and Jeremy Whitman were made honorary pages.

Senator Rohrbach introduced to the Senate, the Physician of the Day, E. David Scott, M.D., Jefferson City.

On motion of Senator Banks, the Senate adjourned until 9:30 a.m., Friday, May 17, 1996.

	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	Scott
Sims	Singleton	Staples	Treppler
Westfall	Wiggins--34

	Absent with leave--Senators--None

	The Lieutenant Governor was present.

	Yeas--Senators
Banks	Caskey	Clay	DePasco
Ehlmann	Flotron	Goode	Johnson
Kenney	Kinder	Lybyer	Mathewson
Maxwell	McKenna	Melton	Moseley
Quick	Rohrbach	Russell	Sims
Singleton	Staples	Treppler	Westfall
Wiggins--25

	Nays--Senators--None

	Absent--Senators
Bentley	Curls	Graves	Howard
Klarich	Mueller	Schneider--7

	Absent with leave--Senators
House	Scott--2