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House Journal - Day 030

House Journal

First Regular Session, 90th General Assembly

THIRTIETH DAY, Thursday, February 25, 1999

Speaker Gaw in the Chair.

Prayer by Representative Vicky Riback Wilson.

We cannot merely pray to You, O God, to end war; for we know that You have made the world in such a way that we each must find our own path to peace, within ourselves and with our neighbor.

We cannot merely pray to You, O God, to end starvation; for You have already given us the resources with which to feed the entire world, if we would only use them wisely.

We cannot merely pray to You, O God, to end disease; for You have already given us great minds with which to search out cures and healings, if we would only use them constructively.

We cannot merely pray to you, O God, to root out prejudice; for You have already given us eyes with which to see the good in all people, if we would only use them rightly.

We cannot merely pray to You, O God, to end despair for You have already given us the power to clear away slums and to give hope, if we would only use our power justly.

Therefore, we pray to You instead, O God, for strength, compassion, determination, and will power, to do instead of just to pray, to become instead of merely to wish.

The Pledge of Allegiance to the flag was recited.

The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Carl Hess, Ben Anselman, Ryan Aubuchon, Andy Doerr, Bill Hilse, Pete Petri, Davis Tichacek, Nick Timmermann, Chloe Maddux, Hannah Maddux, Elijah Maddux, Esther Maddux, Amber McGregore, Heather McGregore, Ian McGregore, Megan McGregore, Rox McGregore, Kathryn McGregore, Dacia Freeman, Joshua Freeman, Caleb Freeman, Aubree Freeman, Jessica Creed, Ryan Creed, Mitchell Cunningham, Sara Jefferies, Matt Price, Sarah Miller, Keri Albrecht, Elizabeth Coffey, Abgail Coffey and Scott Yancey.

The Journal of the twenty-ninth day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 338 - Representative Reinhart

House Resolution No. 339 - Representative Naeger

House Resolution No. 340 - Representative Scott

House Resolution No. 341 - Representative Bartelsmeyer

SECOND READING OF HOUSE JOINT RESOLUTION

HJR 32 was read the second time.

SECOND READING OF HOUSE BILLS

HB 952 through HB 964 were read the second time.

SECOND READING OF SENATE BILLS

SB 28, SB 34, SB 83, SB 105, SCS SB 159 and SB 169 were read the second time.

COMMITTEE REPORTS

Committee on Fiscal Review, Chairman Backer reporting:

Mr. Speaker: Your Committee on Fiscal Review, to which was referred HB 191 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred HB 274 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred HB 888 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

THIRD READING OF HOUSE BILLS

HS HCS HB 274, relating to medical malpractice, was taken up by Representative May (108).

On motion of Representative May (108), HS HCS HB 274 was read the third time and passed by the following vote:

AYES: 136

Abel Alter Auer Backer Barnett

Barry 100 Bartle Bennett Berkowitz Berkstresser

Black Blunt Bonner Boucher Boykins

Bray 84 Britt Campbell Carter Champion

Chrismer Cierpiot Clayton Cooper Crawford

Crump Daniel 42 Daniels 41 Davis 122 Davis 63

Days Dolan Dougherty Enz Farnen

Fitzwater Foley Ford Foster Franklin

Fraser Gambaro Gaskill Gibbons Graham 106

Graham 24 Gratz Green Griesheimer Gross

Hagan-Harrell Hampton Hanaway Harlan Hartzler 123

Hendrickson Hickey Hilgemann Holand Hollingsworth

Hoppe Hosmer Howerton Kasten Kelley 47

Kelly 27 Kennedy King Kissell Klindt

Koller Kreider Lakin Lawson Leake

Levin Liese Lograsso Loudon Luetkenhaus

May 108 Mays 50 McBride McClelland McKenna

Merideth Miller Monaco Murphy Murray

Naeger O'Connor O'Toole Ostmann Overschmidt

Parker Patek Pryor Ransdall Reid

Reinhart Relford Reynolds Richardson Ridgeway

Rizzo Robirds Ross Scheve Schilling

Schwab Scott Secrest Seigfreid Selby

Shelton Shields Skaggs Smith Stokan

Thompson 37 Thompson 72 Townley Treadway Troupe

Tudor Van Zandt Vogel Wagner Ward

Wiggins Williams 121 Williams 159 Wilson Wright

Mr. Speaker

NOES: 020

Akin Ballard Bartelsmeyer Boatright Burton

Elliott Evans Hegeman Hohulin Legan

Linton Long Luetkemeyer Marble Myers

Pouche Purgason Sallee Summers Surface

PRESENT: 000

ABSENT WITH LEAVE: 006

Froelker George Gunn Hartzler 124 McLuckie

Nordwald

VACANCIES: 001

Speaker Gaw declared the bill passed.

On motion of Representative Backer, title to the bill was agreed to.

Representative Days moved that the vote by which the bill passed be reconsidered.

Representative Dougherty moved that motion lay on the table.

The latter motion prevailed.

HCS HB 888, relating to rural agricultural businesses, was taken up by Representative Leake.

On motion of Representative Leake, HCS HB 888 was read the third time and passed by the following vote:

AYES: 154

Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Berkstresser Black Blunt

Boatright Bonner Boucher Boykins Bray 84

Britt Burton Campbell Carter Chrismer

Cierpiot Clayton Cooper Crawford Crump

Daniel 42 Daniels 41 Davis 122 Davis 63 Days

Dolan Dougherty Elliott Enz Evans

Farnen Fitzwater Foley Ford Foster

Franklin Fraser Gambaro Gaskill George

Gibbons Graham 106 Graham 24 Gratz Green

Griesheimer Gross Hagan-Harrell Hanaway Harlan

Hartzler 123 Hartzler 124 Hegeman Hendrickson Hickey

Hilgemann Hohulin Holand Hollingsworth Hoppe

Hosmer Howerton Kasten Kelley 47 Kelly 27

King Kissell Klindt Koller Kreider

Lakin Lawson Leake Legan Levin

Liese Linton Lograsso Long Loudon

Luetkemeyer Luetkenhaus Marble May 108 Mays 50

McBride McClelland McKenna Merideth Miller

Monaco Murray Myers Naeger O'Connor

O'Toole Ostmann Overschmidt Parker Patek

Pouche Pryor Purgason Ransdall Reid

Reinhart Relford Reynolds Richardson Ridgeway

Rizzo Robirds Ross Sallee Scheve

Schilling Schwab Scott Secrest Seigfreid

Selby Shelton Shields Skaggs Smith

Stokan Summers Surface Thompson 37 Thompson 72

Townley Treadway Troupe Tudor Van Zandt

Vogel Wagner Ward Wiggins Williams 121

Williams 159 Wilson Wright Mr. Speaker

NOES: 001

Murphy

PRESENT: 000

ABSENT WITH LEAVE: 007

Champion Froelker Gunn Hampton Kennedy

McLuckie Nordwald

VACANCIES: 001

Speaker Gaw declared the bill passed.

The emergency clause was adopted by the following vote:

AYES: 147

Abel Alter Auer Backer Ballard

Barnett Barry 100 Bartelsmeyer Bartle Bennett

Berkowitz Berkstresser Black Blunt Boatright

Bonner Boucher Boykins Bray 84 Britt

Burton Campbell Carter Chrismer Cierpiot

Clayton Cooper Crawford Crump Daniel 42

Daniels 41 Davis 122 Davis 63 Days Dolan

Dougherty Elliott Enz Evans Farnen

Foley Ford Foster Franklin Gambaro

Gaskill George Gibbons Graham 106 Graham 24

Gratz Green Griesheimer Gross Hagan-Harrell

Hampton Hanaway Harlan Hartzler 123 Hartzler 124

Hegeman Hickey Hilgemann Holand Hollingsworth

Hoppe Hosmer Howerton Kasten Kelley 47

Kelly 27 King Kissell Klindt Koller

Kreider Lakin Lawson Leake Legan

Levin Liese Linton Lograsso Long

Loudon Luetkemeyer Luetkenhaus Marble May 108

Mays 50 McBride McKenna Merideth Miller

Monaco Murray Myers Naeger O'Connor

O'Toole Ostmann Overschmidt Parker Pouche

Pryor Purgason Ransdall Reinhart Relford

Reynolds Richardson Ridgeway Rizzo Robirds

Ross Sallee Scheve Schilling Schwab

Scott Secrest Seigfreid Selby Shelton

Shields Skaggs Smith Stokan Summers

Surface Thompson 37 Thompson 72 Townley Treadway

Troupe Tudor Van Zandt Vogel Wagner

Ward Wiggins Williams 121 Williams 159 Wilson

Wright Mr. Speaker

NOES: 005

Akin Hendrickson Hohulin Murphy Reid

PRESENT: 000

ABSENT WITH LEAVE: 010

Champion Fitzwater Fraser Froelker Gunn

Kennedy McClelland McLuckie Nordwald Patek

VACANCIES: 001

On motion of Representative Fitzwater, title to the bill was agreed to.

Representative Green moved that the vote by which the bill passed be reconsidered.

Representative Hoppe moved that motion lay on the table.

The latter motion prevailed.

HS HB 162, relating to unemployment insurance, was taken up by Representative Luetkenhaus.

On motion of Representative Luetkenhaus, HS HB 162 was read the third time and passed by the following vote:

AYES: 152

Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Berkstresser Black Blunt

Boatright Bonner Boucher Boykins Britt

Burton Campbell Carter Champion Chrismer

Cierpiot Clayton Cooper Crawford Crump

Daniel 42 Daniels 41 Davis 122 Davis 63 Days

Dougherty Elliott Enz Evans Farnen

Fitzwater Foley Ford Foster Franklin

Fraser Gambaro Gaskill George Gibbons

Graham 106 Graham 24 Gratz Green Griesheimer

Gross Hagan-Harrell Hampton Hanaway Harlan

Hartzler 123 Hartzler 124 Hegeman Hendrickson Hickey

Hilgemann Hohulin Holand Hollingsworth Hoppe

Hosmer Howerton Kasten Kelley 47 Kelly 27

King Kissell Klindt Koller Kreider

Lakin Lawson Leake Legan Liese

Lograsso Long Loudon Luetkemeyer Luetkenhaus

Marble May 108 Mays 50 McBride McClelland

McKenna Merideth Miller Monaco Murphy

Murray Myers Naeger O'Connor O'Toole

Ostmann Overschmidt Parker Patek Pouche

Pryor Purgason Ransdall Reid Reinhart

Relford Reynolds Richardson Ridgeway Rizzo

Robirds Ross Sallee Scheve Schwab

Scott Secrest Seigfreid Selby Shelton

Shields Skaggs Smith Stokan Summers

Surface Thompson 37 Thompson 72 Townley Treadway

Troupe Tudor Van Zandt Vogel Wagner

Ward Wiggins Williams 121 Williams 159 Wilson

Wright Mr. Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 010

Bray 84 Dolan Froelker Gunn Kennedy

Levin Linton McLuckie Nordwald Schilling

VACANCIES: 001

Speaker Gaw declared the bill passed.

On motion of Representative Koller, title to the bill was agreed to.

Representative McBride moved that the vote by which the bill passed be reconsidered.

Representative McKenna moved that motion lay on the table.

The latter motion prevailed.

HB 191, relating to early cancer detection, was taken up by Representative Dougherty.

On motion of Representative Dougherty, HB 191 was read the third time and passed by the following vote:

AYES: 149

Abel Akin Alter Backer Ballard

Barnett Barry 100 Bartelsmeyer Bartle Bennett

Berkowitz Berkstresser Black Blunt Boatright

Bonner Boucher Boykins Britt Burton

Campbell Carter Champion Chrismer Cierpiot

Clayton Cooper Crawford Crump Daniel 42

Daniels 41 Davis 122 Davis 63 Days Dolan

Dougherty Elliott Enz Evans Farnen

Fitzwater Foley Ford Foster Franklin

Fraser Gambaro Gaskill George Graham 106

Graham 24 Gratz Green Griesheimer Gross

Hagan-Harrell Hampton Hanaway Hartzler 124 Hegeman

Hendrickson Hickey Hilgemann Hohulin Holand

Hollingsworth Hoppe Hosmer Howerton Kasten

Kelley 47 Kelly 27 King Kissell Klindt

Koller Kreider Lakin Lawson Leake

Legan Levin Liese Lograsso Long

Loudon Luetkemeyer Luetkenhaus Marble May 108

Mays 50 McBride McKenna Merideth Miller

Monaco Murphy Murray Myers Naeger

O'Connor O'Toole Ostmann Overschmidt Parker

Patek Pouche Pryor Purgason Ransdall

Reid Reinhart Relford Reynolds Richardson

Ridgeway Rizzo Robirds Ross Sallee

Scheve Schilling Schwab Secrest Seigfreid

Selby Shelton Shields Skaggs Smith

Stokan Summers Surface Thompson 37 Thompson 72

Townley Treadway Troupe Tudor Van Zandt

Vogel Wagner Ward Wiggins Williams 121

Williams 159 Wilson Wright Mr. Speaker

NOES: 000

PRESENT: 001

Auer

ABSENT WITH LEAVE: 012

Bray 84 Froelker Gibbons Gunn Harlan

Hartzler 123 Kennedy Linton McClelland McLuckie

Nordwald Scott

VACANCIES: 001

Speaker Gaw declared the bill passed.

On motion of Representative Relford, title to the bill was agreed to.

Representative Scheve moved that the vote by which the bill passed be reconsidered.

Representative Smith moved that motion lay on the table.

The latter motion prevailed.

PERFECTION OF HOUSE BILLS

HCS HBs 351 & 295, relating to pharmaceutical tax credit, was taken up by Representative Scheve.

Representative Scheve offered HS HCS HBs 351 & 295.

Representative Bray offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bills Nos. 351 & 295, Page 4, by deleting all of said lines and inserting in lieu thereof the following:

143.151. A resident shall be allowed a deduction of [one thousand two hundred] two thousand one hundred dollars for himself or herself and [one thousand two hundred dollars] for [his] such resident's spouse if he or she is entitled to a deduction for such personal exemptions for federal income tax purposes. This section shall apply to all taxable years beginning after December 31, 1998.".

Representative Gibbons offered House Substitute Amendment No. 1 for House Amendment No. 1.

House Substitute Amendment No. 1

for

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bills Nos. 351 & 295, Page 4, by deleting all of said lines and inserting in lieu thereof the following:

143.151. A resident shall be allowed a deduction of [one thousand two hundred] two thousand seven hundred dollars for himself or herself and [one thousand two hundred dollars] for [his] such resident's spouse if he or she is entitled to a deduction for such personal exemptions for federal income tax purposes. This section shall apply to all taxable years beginning after December 31, 1998.".

On motion of Representative Gibbons, House Substitute Amendment No. 1 for House Amendment No. 1 was adopted.

Representative Kennedy offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill Nos. 351 & 295, Page 1, Section 1, Line 5 by inserting before said line the following:

"144.014. 1. Notwithstanding other provisions of law to the contrary, beginning October 1, 1997, the tax levied and imposed pursuant to sections 144.010 to 144.525 and sections 144.600 to 144.746 on all retail sales of food shall be at the rate of one percent. The revenue derived from the one percent rate pursuant to this section shall be deposited by the state treasurer in the school district trust fund and shall be distributed as provided in section 144.701.

2. For the purposes of this section, the term "food" shall include only those products and types of food for which food stamps may be redeemed pursuant to the provisions of the Federal Food Stamp Program as contained in 7 U.S.C. section 2012, as that section now reads or as it may be amended hereafter, and shall include food dispensed by or through vending machines. For the purpose of this section, except for vending machine sales, the term "food" shall not include food or drink sold by any establishment where the gross receipts derived from the sale of food prepared by such establishment for immediate consumption on or off the premises of the establishment constitutes more than eighty percent of the total gross receipts of that establishment, regardless of whether such prepared food is consumed on the premises of that establishment, including, but not limited to, sales of food by any restaurant, fast food restaurant, delicatessen, eating house, or café.

3. Any person required to collect and remit the sales or use tax on food pursuant to the provisions of this section shall be entitled to a refund from the general revenue fund equal to three percent of all state and local sales and use taxes collected by such person on or after October 1, 1997, and prior to September 30, 1998, and remitted by such person on or before the date when the same becomes due in accordance with the provisions of sections 144.080, 144.081, 144.090 and 144.655, on the retail sale of food as defined in this section. This refund shall be in addition to the amount allowed in section 144.140 and shall be made without interest. Such refund shall be made only if such person files a correctly completed claim for refund on or before September 30, 1999, accompanied by such information as the director may require. The director of revenue shall promulgate such rules and regulations pursuant to the provisions of section 144.270 as are necessary to facilitate efficient administration of the refund authorized in this section. For the purposes of this subsection, "local sales taxes" shall mean any tax levied, assessed, or payable pursuant to the provisions of the "local sales tax law" as defined in section 32.085, RSMo, "local use taxes" shall mean any tax levied, assessed, or payable pursuant to the provisions of sections 144.757 to 144.761, and "state sales and use taxes" shall mean any tax levied pursuant to the provisions of sections 144.010 to 144.525 and sections 144.600 to 144.746."; andFurther amend the title and enacting clause accordingly.

Representative Monaco raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.

The Chair ruled the point of order not well taken.

On motion of Representative Kennedy, House Amendment No. 2 was adopted.

Representative Barry offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bills Nos. 351 & 295, Page 1, In the Title, Lines 1 to 2, by deleting all of said lines and inserting in lieu thereof the following:

"To repeal sections 135.550 and 135.600, RSMo Supp. 1998, relating to tax credits for contributions for certain charitable purposes, and to enact in lieu thereof four new sections relating to tax relief, with an effective date for a certain section."; and

Further amend said bill, Page 1, Section 1, Line 5, by inserting immediately before all of said line as the line preceding said line the following:

"Section A. Sections 135.550 and 135.600, RSMo Supp. 1998, are repealed and four new sections enacted in lieu thereof, to be known as sections 135.550, 135.600, 1 and 2 to read as follows:

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

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

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

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

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

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

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

4. Except for any excess credit which is carried over pursuant to subsection 3 of this section, a taxpayer shall not be allowed to claim a tax credit unless the total amount of such taxpayer's contribution or contributions to a shelter or shelters for victims of domestic violence in such taxpayer's taxable year [is] has a value of 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. Shelters for victims of domestic violence shall be permitted to decline a contribution from a taxpayer. 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 two 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 procedure described in this subsection in such a manner as to ensure that taxpayers can claim all the tax credits possible up to the cumulative amount of tax credits available for the fiscal year.

8. This section shall become effective January 1, [1998] 2000, and shall apply to all tax years after December 31, [1997] 1999.

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

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

[(1)] (2) "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. 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.

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

5. The director of the department of social services shall determine, at least annually, which facilities in this state may be classified as maternity homes. The director of the department of social services 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 social services 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 social services 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. Maternity homes shall be permitted to decline a contribution from a taxpayer. 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 two million dollars.

7. The director of the department of social services 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 social services, 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 social services, of its apportioned tax credits during this predetermined period of time, the director of the department of social services 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 social services, of their apportioned tax credits during this predetermined period of time. The director of the department of social services 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 social services shall establish the procedure described in this subsection in such a manner as to ensure that taxpayers can claim all the tax credits possible up to the cumulative amount of tax credits available for the fiscal year.

8. This section shall become effective January 1, [1998] 2000, and shall apply to all tax years after December 31, [1997] 1999.".

On motion of Representative Barry, House Amendment No. 3 was adopted.

Representative Thompson (72) offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill Nos. 351 & 295, Page 4, Section 2, Line 21 by inserting after said line the following:

"Section 1. 1. A taxpayer shall be eligible for a tax credit against taxes otherwise due pursuant to chapter 143, RSMo, except sections 143.191 to 143.265, RSMo, as an incentive to taxpayers to give gifts of personal property to persons whose income is below the federal poverty level. The tax credit shall be equal to an amount of up to ten thousand dollars for each gift made to a person whose income is below the federal poverty level.

2. 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 pursuant to this section in excess of fifty thousand dollars per taxable year. The credit shall be claimed by the taxpayer in the tax year in which such gifts were made and shall be claimed at the time the taxpayer files a tax return. Any tax credit that cannot be fully 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.

3. The director of the department of social services shall, by rule, establish a procedure by which a taxpayer can determine if a person is classified as having an income below the federal poverty level, and by which such taxpayer can then give a gift of personal property to such person and claim a tax credit pursuant to this section.

4. The taxpayer claiming the credit shall file as part of the tax return any documentation the director of the department of revenue determines necessary to confirm the taxpayer's eligibility for the credit. The director of the department of revenue may promulgate rules and regulations for administration of this section.

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

Further amend the title and enacting clause accordingly.

On motion of Representative Thompson (72), House Amendment No. 4 was adopted.

Representative Lograsso offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for House Bill Nos. 351 & 295, Page 4, Section 1, Line 21, by adding at the end of said page the following:

Section A. Section 143.011, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 143.011, to read as follows:

143.011. A tax is hereby imposed for every taxable year on the Missouri taxable income of every resident. For taxable years beginning after December 31, 1999, the tax shall be determined by applying the tax table or the rate provided in section 143.021, which is based upon the following rates:

If the Missouri taxable income is: The tax is:

Not over $1,000.00 ............................. 1 [1/2]% of the Missouri taxable income

Over $1,000 but not over $2,000 ........ $10 [$15] plus [2] 1 1/2% of excess over $1,000

Over $2,000 but not over $3,000 ........ $25 [$35] plus 2 []% of excess over $2,000

Over $3,000 but not over $4,000 ........ $45 [$60] plus [3] 2 1/2% of excess over $3,000

Over $4,000 but not over $5,000 ........ $70 [$90] plus 3 []% of excess over $4,000

Over $5,000 but not over $6,000 ........ $100 [$125] plus [4] 3 1/2% of excess over $5,000

Over $6,000 but not over $7,000 ........ $135 [$165] plus 4 []% of excess over $6,000

Over $7,000 but not over $8,000 ........ $175 [$210] plus [5] 4 1/2% of excess over $7,000

Over $8,000 but not over $9,000 ........ $220 [$260] plus 5 []% of excess over $8,000

Over $9,000 ........................................ $270 [$315] plus [6] 5 1/2% of excess over $9,000

Section B. Because immediate action is necessary in order to prevent further violation of article X, section 18 of the Missouri Constitution, section A of 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 A of this act shall be in full force and effect upon its passage and approval.

On motion of Representative Lograsso, House Amendment No. 5 was adopted.

Representative Williams (121) offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for House Bill Nos. 351 & 295, Page 1, Section 1, Line 5 by inserting before said line the following:

"143.121. 1. The Missouri adjusted gross income of a resident individual shall be [his] such taxpayer's federal adjusted gross income subject to the modifications in this section.

2. There shall be added to [his] such taxpayer's federal adjusted gross income:

(a) The amount of any federal income tax refund received for a prior year which resulted in a Missouri income tax benefit;

(b) Interest on certain governmental obligations excluded from federal gross income by section 103 of the Internal Revenue Code. The previous sentence shall not apply to interest on obligations of the state of Missouri or any of its political subdivisions or authorities and shall not apply to the interest described in subdivision (a) of subsection 3 of this section. The amount added under this paragraph shall be reduced by the amounts applicable to such interest that would have been deductible in computing the taxable income of the taxpayer except only for the application of section 265 of the Internal Revenue Code. The reduction shall only be made if it is at least five hundred dollars.

3. There shall be subtracted from [his] such taxpayer's federal adjusted gross income the following amounts to the extent included in federal adjusted gross income:

(a) Interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission or instrumentality of the United States to the extent exempt from Missouri income taxes [under] pursuant to the laws of the United States. The amount subtracted [under] pursuant to this paragraph shall be reduced by any interest on indebtedness incurred to carry the described obligations or securities and by any expenses incurred in the production of interest or dividend income described in this paragraph. The reduction in the previous sentence shall only apply to the extent that such expenses including amortizable bond premiums are deducted in determining [his] such taxpayer's federal adjusted gross income or included in [his] such taxpayer's Missouri itemized deduction. The reduction shall only be made if the expenses total at least five hundred dollars;

(b) The portion of any gain, from the sale or other disposition of property having a higher adjusted basis to the taxpayer for Missouri income tax purposes than for federal income tax purposes on December 31, 1972, that does not exceed such difference in basis. If a gain is considered a long-term capital gain for federal income tax purposes, the modification shall be limited to one-half of such portion of the gain;

(c) The amount necessary to prevent the taxation under sections 143.011 to 143.996 of any annuity or other amount of income or gain which was properly included in income or gain and was taxed [under] pursuant to the laws of Missouri for a taxable year prior to January 1, 1973, to the taxpayer, or to a decedent by reason of whose death the taxpayer acquired the right to receive the income or gain, or to a trust or estate from which the taxpayer received the income or gain;

(d) Accumulation distributions received by a taxpayer as a beneficiary of a trust to the extent that the same are included in federal adjusted gross income;

(e) The amount of any state income tax refund for a prior year which was included in the federal adjusted gross income;

(f) The portion of capital gain specified in [subsection 3 of] section 135.357, RSMo, that would otherwise be included in federal adjusted gross income[.];

(g) The amount of any annuities, pensions or retirement allowances annually provided to the taxpayer by any law of the United States and by any law of this state to military retirees who served in any branch of the military.

4. There shall be added to or subtracted from [his] such taxpayer's federal adjusted gross income the taxpayer's share of the Missouri fiduciary adjustment provided in section 143.351.

5. There shall be added to or subtracted from [his] such taxpayer's federal adjusted gross income the modifications provided in section 143.411.

"143.124. 1. Other provisions of law to the contrary notwithstanding, the total amount of all annuities, pensions, or retirement allowances above the amount of six thousand dollars annually provided by any law of this state, [the United States, or], except those benefits specifically subtracted from federal adjusted gross income by section 143.121, or provided by any law of any other state to any person except as provided in subsection 4 of this section, shall be subject to tax pursuant to the provisions of this chapter, in the same manner, to the same extent and [under] pursuant to 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, except those benefits specifically subtracted from federal adjusted gross income by section 143.121 any other state or any political subdivision or agency or institution of this or any other state. For all tax years beginning on or after January 1, 1998, for purposes of this section, annuity, pension or retirement allowance shall be defined to include self-employed retirement plans, also known as Keogh plans, annuities from a defined pension plan and individual retirement arrangements, also known as IRAs, as described in the Internal Revenue Code, as well as an annuity, pension or retirement allowance provided by [the United States,] this state, except those benefits specifically subtracted from federal adjusted gross income by section 143.121 any other state or any political subdivision or agency or institution of this or any other state.

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

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

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

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

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

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

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

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

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

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

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

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

On motion of Representative Williams (121), House Amendment No. 6 was adopted.

Representative McClelland offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for House Bill Nos. 351 & 295, Page 4, Section 2, Line 21 by inserting after said line the following:

"Section 1. 1. An individual resident taxpayer that has made payments for any real property taxes imposed on any real property owned by the taxpayer shall be allowed a credit against the tax otherwise due pursuant to chapter 143, RSMo, not including sections 143.191 to 143.265, RSMo, in an amount equal to ten percent of such real property tax payments actually made during the taxable year.

2. The tax credit allowed by this section shall be claimed by the taxpayer in the tax year in which such real property tax payments were made and shall be claimed at the time the taxpayer files a tax return. Where the amount of the credit exceeds tax liability, the difference between the credit and the tax liability shall not be refunded to the taxpayer.

3. Any taxpayer claiming a credit pursuant to this section shall file as part of the taxpayer's return any documentation the director of the department of revenue determines necessary to confirm that the taxpayer has made the real property tax payments for which the credit is claimed.

4. The director of the department of revenue shall promulgate rules and regulations to administer the provisions of this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo. ; and

Further amend the title and enacting clause accordingly.

On motion of Representative McClelland, House Amendment No. 7 was adopted.

Representative Levin offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Committee Substitute for House Bill Nos. 351 & 295, Page 4, Section 2, Line 21 by inserting after said line the following:

"Section 3. In addition to the exemptions granted pursuant to the provisions of section 144.030, RSMo, there shall also be specifically exempted from the provisions of the local sales tax law as defined in section 32.085, RSMo, section 238.235, RSMo, and sections 144.010 to 144.525 and 144.600 to 144.745, RSMo, and from the computation of the tax levied, assessed or payable pursuant to the local sales tax law as defined in section 32.085, RSMo, section 238.235, RSMo, and sections 144.010 to 144.525 and 144.600 to 144.745, RSMo, all sales of over-the counter nonprescription medications to person sixty-five years of age or older."; and

Further amend the title and enacting clause accordingly.

On motion of Representative Levin, House Amendment No. 8 was adopted.

Representative Green offered House Amendment No. 9.

House Amendment No. 9

AMEND House Substitute for House Committee Substitute for House Bill Nos. 351 and 295, Page 4, Section 2, Line 21, by inserting after all of said line the following:

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

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

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

(3) "Taxpayer", a person, individual, firm, a partner in a firm, corporation or shareholder in a corporation.

2. Any taxpayer which makes voluntary cash contributions to a scholarship charity shall receive a credit against the tax otherwise due pursuant to chapter 143, RSMo, other than taxes withheld pursuant to sections 143.191 to 143.265, RSMo, in an amount equal to fifty percent of all such contributions made during such taxpayer's taxable year; except that no taxpayer shall claim a credit pursuant to this section for any contribution made by the taxpayer or, in the case of a business taxpayer, an agent of the taxpayer, on behalf of the taxpayer's dependent, or in the case of a business taxpayer, on behalf of the agent's dependent.

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. Any amount of credit that exceeds the tax due for a taxpayer's taxable year may be carried forward to any of the taxpayer's four subsequent taxable years.

4. The cumulative amount of tax credits allowed pursuant to this section shall not exceed five million dollars per fiscal year.

5. The director shall determine, at least annually, which charities in this state may be classified as scholarship charities. The director may require a charity seeking classification as a scholarship charity to provide any information reasonably necessary to make such a determination. The director shall classify a charity as a scholarship charity if such charity meets the criteria provided in subdivision (2) of subsection 1 of this section.

6. The director shall establish a procedure by which a taxpayer can determine if a charity has been classified as a scholarship charity, and by which such taxpayer can then contribute to such scholarship charity and claim a tax credit pursuant to this section.

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

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

On motion of Representative Green, House Amendment No. 9 was adopted.

Representative Champion offered House Amendment No. 10.

House Amendment No. 10

AMEND House Substitute for House Committee Substitute for House Bill Nos. 351 and 295, Page 4, Section 2, Line 21, by inserting after all of said line the following:

"Section 3. Notwithstanding any other provision of law to the contrary, there shall be subtracted from Missouri adjusted gross income, determined pursuant to section 143.124, RSMo, the first six thousand dollars from any retirement allowances received from any privately funded sources for each tax year beginning on or after January 1, 1999.

Section 4. Notwithstanding any other provision of law to the contrary, there shall be subtracted from Missouri adjusted gross income, determined pursuant to section 143.124, RSMo, the first six thousand dollars from all retirement allowances received from both privately and publicly funded sources for each tax year beginning on or after January 1, 2000.".

On motion of Representative Champion, House Amendment No. 10 was adopted.

Representative Campbell offered House Amendment No. 11.

House Amendment No. 11

AMEND House Substitute for House Committee Substitute for House Bill Nos. 351 & 295, Page 4, Section 2, Line 21 by inserting after said line the following:

"Section 3. 1. The governing body of any city or county of this state may, by adoption of an ordinance by such governing body, exempt qualified sales of food as defined in section 144.014, RSMo, from local sales taxes imposed by such city or county and collected by the director of the department of revenue pursuant to sections 32.085 and 32.087.

2. Upon adoption of an ordinance pursuant to this section, the governing body shall notify the director within three calendar months prior to the effective date of the exemption. The exemption shall only become effective upon the beginning of any calendar quarter.

3. The exemption shall only be allowed for the total local sales tax imposed by any city or county adopting such exemption."; and

Further amend the title and enacting clause accordingly.

Representative Lograsso raised a point of order that House Amendment No. 11 goes beyond the scope of the bill.

The Chair ruled the point of order not well taken.

On motion of Representative Campbell, House Amendment No. 11 was adopted.

Representative Reid offered House Amendment No. 12.

House Amendment No. 12

AMEND House Substitute for House Committee Substitute for House Bill Nos. 351 & 295, Page 4, Section 2, Line 21 by inserting after said line the following:

"Section 3. 1. For all taxable years beginning after December 31, 1999, a resident individual may deduct from such individual's Missouri taxable income an amount equal to one hundred percent of the amount paid by such individual for health insurance premiums to the extent such amount is included in the individual's federal taxable income and to the extent such amount is not otherwise deductible from the individual's Missouri taxable income pursuant to Missouri law."; and

Further amend the title and enacting clause accordingly.

On motion of Representative Reid, House Amendment No. 12 was adopted.

Representative Evans offered House Amendment No. 13.

House Amendment No. 13

AMEND House Substitute for House Committee Substitute for House Bill Nos. 351 & 295, Page 1, Section 1, Line 5 by inserting before said line the following:

"143.171. 1. For all tax years beginning before January 1, 1994, for an individual taxpayer and for all tax years beginning before September 1, 1993, and on or after January 1, 2000, for a corporate taxpayer, the taxpayer shall be allowed a deduction for his federal income tax liability under chapter 1 of the Internal Revenue Code for the same taxable year for which the Missouri return is being filed after reduction for all credits thereon, except the credit for payments of federal estimated tax, the credit for the overpayment of any federal tax, and the credits allowed by the Internal Revenue Code by section 31 (tax withheld on wages), section 27 (tax of foreign country and United States possessions), and section 34 (tax on certain uses of gasoline, special fuels, and lubricating oils).

2. For all tax years beginning on or after January 1, 1994, an individual taxpayer shall be allowed a deduction for his federal income tax liability under chapter 1 of the Internal Revenue Code for the same taxable year for which the Missouri return is being filed, not to exceed five thousand dollars on a single taxpayer's return or ten thousand dollars on a combined return, after reduction for all credits thereon, except the credit for payments of federal estimated tax, the credit for the overpayment of any federal tax, and the credits allowed by the Internal Revenue Code by section 31 (tax withheld on wages), section 27 (tax of foreign country and United States possessions), and section 34 (tax on certain uses of gasoline, special fuels, and lubricating oils).

3. For all tax years beginning on or after September 1, 1993, but before January 1, 2000, a corporate taxpayer shall be allowed a deduction for fifty percent of its federal income tax liability under chapter 1 of the Internal Revenue Code for the same taxable year for which the Missouri return is being filed after reduction for all credits thereon, except the credit for payments of federal estimated tax, the credit for the overpayment of any federal tax, and the credits allowed by the Internal Revenue Code by section 31 (tax withheld on wages), section 27 (tax of foreign country and United States possessions), and section 34 (tax on certain uses of gasoline, special fuels and lubricating oils).

4. If a federal income tax liability for a tax year prior to the applicability of sections 143.011 to 143.996 for which he was not previously entitled to a Missouri deduction is later paid or accrued, he may deduct the federal tax in the later year to the extent it would have been deductible if paid or accrued in the prior year."; and

Further amend the title and enacting clause accordingly.

Representative Evans moved that House Amendment No. 13 be adopted.

Which motion was defeated.

Representative Gambaro offered House Amendment No. 14.

House Amendment No. 14

AMEND House Substitute for House Committee Substitute for House Bill Nos. 351 and 295, Page 4, Section 2, Line 21 of said page, by inserting after all of said line the following:

"Section 3. 1. Any business firm, as defined in section 32.105, RSMo, may make a donation of high technology equipment to a school district. A donating business firm shall receive a tax credit as provided in this section equal to fifty percent of the amount of the donation, not to exceed ten thousand dollars per calendar year. The department of elementary and secondary education shall determine, by rule, the definition and the value of high technology equipment.

2. The department of elementary and secondary education may declare by rule that a school district has a high percentage of high-risk students in which case the donating business firm shall receive a tax credit equal to seventy-five percent of the amount of the donation, not to exceed ten thousand dollars.

3. The department of revenue shall grant tax credits approved pursuant to this section which shall be applied in the order specified in subsection 1 of section 32.115, RSMo, until used. The tax credits provided pursuant to this section shall not be refundable, and any tax credit not used in the fiscal year in which approved may be carried over the next five succeeding calendar or fiscal years until the full credit has been claimed.

4. No tax credit authorized pursuant to this section may be applied against any tax applied in a tax year beginning prior to January 1, 2000.

5. The total amount of tax credits authorized pursuant to this section shall not exceed two million five hundred thousand dollars.

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

7. The provisions of this section shall expire December 31, 2003.

Section 4. 1. Any business firm, as defined in section 32.105, RSMo, may make a donation to a school district library. A donating business firm shall receive a tax credit as provided in this section equal to fifty percent of the amount of the donation, not to exceed ten thousand dollars per calendar year for the adoption of a school library by purchasing books, materials, computers, Internet services and equipment and keeping such library updated. The department of elementary and secondary education shall determine the value of all services and goods donated.

2. The department of revenue shall grant tax credits approved pursuant to this section which shall be applied in the order specified in subsection 1 of section 32.115, RSMo, until used. The tax credits provided pursuant to this section shall not be refundable, and any tax credit not used in the fiscal year in which approved may be carried over the next five succeeding calendar or fiscal years until the full credit has been claimed.

3. No tax credit authorized pursuant to this section may be applied against any tax applied in a tax year beginning prior to January 1, 2000.

4. The total amount of tax credits authorized pursuant to this section shall not exceed two million five hundred thousand dollars.

5. The provisions of this section shall expire December 31, 2003.".

On motion of Representative Gambaro, House Amendment No. 14 was adopted.

HCS HBs 351 & 295, with HS, as amended, pending, was placed on the Informal Calendar.

HB 516, relating to income tax personal exemption, was taken up by Representative Bray.

Representative Bray offered HS HB 516.

Representative Farnen offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Bill No. 516, Page 1, Lines 2 through 5 in the title by deleting all of said lines and inserting in lieu thereof the following:

"To repeal section 143.151, RSMo 1994, relating solely to personal exemptions for individuals for individual income tax and to enact in lieu thereof one new section relating to the same subject."; and

Further amend said substitute, Page 1, Section 143.151, Line 12 by deleting the words "one thousand nine hundred" and inserting in lieu thereof the words "two thousand";.

Representative Graham (24) offered House Substitute Amendment No. 1 for House Amendment No. 1.

House Substitute Amendment No. 1

for

House Amendment No. 1

AMEND House Substitute for House Bill No. 516, Page 1, Lines 2 through 5 in the title by deleting all of said lines and inserting in lieu thereof the following:

Further amend said substitute, Page 1, Section 143.151, Line 12 by deleting the words "one thousand nine hundred" and inserting in lieu thereof the words "two thousand one hundred"; and

On motion of Representative Graham (24), House Substitute Amendment No. 1 for House Amendment No. 1 was adopted.

On motion of Representative Bray, HS HB 516, as amended, was adopted.

On motion of Representative Bray, HS HB 516, as amended, was ordered perfected and printed.

LETTER OF OBJECTION

February 23, 1999

Anne Walker

Chief Clerk

Missouri House of Representatives

State Capitol

Jefferson City, MO 65101

We the undersigned do hereby object to the status of HB 459 as a consent bill.

/s/ Rep. John Loudon 88th District

/s/ Rep. Louis Ford 58th District

/s/ Rep. Jon Bennett 15th District

/s/ Rep. Fletcher Daniels 41st District

/s/ Rep. Jewell Patek 7th District

REFERRAL OF HOUSE BILLS

The following House Bill was referred to the Committee indicated pursuant to Rule 48:

HB 459 - Rules, Joint Rules and Bills Perfected and Printed

The following House Bill was referred to the Committee indicated:

HB 828 - Missouri Tobacco Settlement

COMMITTEE REPORTS

Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman Crump reporting:

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred (By Consent) HB 315, HB 517, HB 445, HB 34, HB 478 and HB 185, begs leave to report it has examined the same and finds them to be truly perfected and that the printed copies thereof furnished the members are correct.

Committee on Agriculture, Chairman Leake reporting:

Mr. Speaker: Your Committee on Agriculture, to which was referred HB 146, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1.

House Committee Amendment No. 1

AMEND House Bill No. 146, Page 2, Section 278.240, Line 21, by inserting immediately after the word "concerning" the following:

"condemnation proceedings pursuant to chapter 523, RSMo,"; and

Further amend said bill, Page 3, Section 278.245, Line 6, by deleting the word "or" and inserting in lieu thereof the following: "[or] except".

Committee on Civil and Administrative Law, Chairman Smith reporting:

Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred HB 788, HB 428 and HB 106, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Critical Issues, Chairman Harlan reporting:

Mr. Speaker: Your Committee on Critical Issues, to which was referred HB 826, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Ethics, Chairman Clayton reporting:

Mr. Speaker: Your Committee on Ethics, to which was referred THE CONSERVATIVE ORDER FOR WOMEN CAUCUS, begs leave to report it has examined the same and approves it pursuant to 105.473.3(2)(c)d RSMo.

January 27, 1999

TO: Representative Robert Clayton, Chairman, Ethics Committee

FROM: Representative Luann Ridgeway

RE: Approval of Caucuses

Pursuant to your memo regarding House caucus approval, please consider this letter as a formal application to the Committee on Ethics to establish the following caucuses:

1. The Conservative Order for Women

2. True Republicans United Through Honor (TRUTH)

3. The Freedom Caucus

A listing of the Conservative Order for Women, the True Republicans United Through Honor, and the Freedom Caucus are attached.

I would also like to request a hearing for approval of these caucuses at your convenience. Please notify me of the time, date, and location of the hearing.

I look forward to your response.

/s/ Luann Ridgeway

1999 CONSERVATIVE ORDER FOR WOMEN

NAME: DISTRICT:

Luann Ridgeway 35

Annie Reinhart 34

Connie J. Cierpiot 52

Vicky Hartzler 124

Catherine Hanaway 87

Norma Champion 134

Judy Berkstresser 141

Linda Bartelsmeyer 132

Jim Howerton 120

Bubs Hohulin 126

Chuck Purgason 151

Daniel J. Hegeman 5

Mark Richardson 154

David Klindt 3

Don Lograsso 54

Don Summers 2

Catherine Enz 99

Beth Long 146

Mary Kasten 158

Mr. Speaker: Your Committee on Ethics, to which was referred THE FREEDOM CAUCUS, begs leave to report it has examined the same and approves it pursuant to 105.473.3(2)(c)d RSMo.

1999 FREEDOM CAUCUS

NAME: DISTRICT:

Dan Hegeman 5

Don Lograsso 54

Luann Ridgeway 35

Jim Howerton 120

Chuck Pryor 116

Don Summers 2

Judy Berkstresser 141

Ronnie Miller 133

Annie Reinhart 34

Cathy Enz 99

Bubs Hohulin 126

Charlie Shields 28

Chuck Purgason 151

Mark Richardson 154

Michael Reid 78

David Klindt 3

Connie J. Cierpiot 52

Vicky Hartzler 124

Matt Bartle 56

Carson Ross 55

John Loudon 88

Matt Blunt 139

Mr. Speaker: Your Committee on Ethics, to which was referred THE TRUE REPUBLICANS UNITED THROUGH TRUTH CAUCUS, begs leave to report it has examined the same and approves it pursuant to 105.473.3(2)(c)d RSMo.

TRUE REPUBLICANS UNITED THROUGH HONOR (TRUTH)

NAME: DISTRICT:

Chuck Pryor 116

Don Summers 2

Luann Ridgeway 35

Jim Howerton 120

Judy Berkstresser 141

Annie Reinhart 34

Bubs Hohulin 126

Charlie Shields 28

Chuck Purgason 151

Daniel Hegeman 5

Mark Richardson 154

Michael Reid 78

David Klindt 3

Connie J. Cierpiot 52

Vicky Hartzler 124

Matt Bartle 56

Mark Wright 137

Catherine Hanaway 87

Carson Ross 55

Don Lograsso 54

Matt Blunt 139

Mr. Speaker: Your Committee on Ethics, to which was referred THE SOPHOMORE CLASS DEMOCRATIC CAUCUS, begs leave to report it has examined the same and approves it pursuant to 105.473.3(2)(c)d RSMo.

February 4, 1999

TO: Robert Clayton, Chairman

House Committee on Ethics

FROM: Representative Bill Ransdall

Sophomore Class Democratic Caucus

Pursuant to Section 105.470, attached is a list of the members of the Sophomore Class Democratic Caucus.

Thank you for your consideration in recognizing this group as an official caucus.

Pursuant to Section 105.470, listed below are the members of the Sophomore Class Democratic Caucus.

District 148 /s/ Rep. Bill Ransdall

Rm. 410B 751-1727

District 39 /s/ Rep. Marsha Campbell

Rm. 405B 751-4485

District 122 /s/ Rep. D. J. Davis

Rm. 406A 751-1500

District 24 /s/ Rep. Chuck Graham

Rm. 111 751-2162

District 64 /s/ Rep. Robert Hilgemann

Rm. 114B 751-1400

District 101 /s/ Rep. Kate Hollingsworth

Rm. 235BA 751-1311

District 66 /s/ Rep. Harry Kennedy

Rm. 114A 751-2126

District 29 /s/ Rep. Maurice Lawson

Rm. 130DA 751-9460

District 150 /s/ Rep. Kelly Parker

Rm. 304A 751-2108

District 26 /s/ Rep. Jim Seigfreid

Rm. 236A 751-2204

District 74 /s/ Rep. Betty Thompson

Rm. 134 751-4265

District 25 /s/ Rep. Vicky Riback Wilson

Rm. 110A 751-1169

Mr. Speaker: Your Committee on Ethics, to which was referred ADDITION OF DORATHEA DAVIS TO COMMITTEE CHAIR CAUCUS, begs leave to report it has examined the same and approves it pursuant to 105.473.3(2)(c)d RSMo.

Committee on Missouri Tobacco Settlement, Chairman McLuckie reporting:

Mr. Speaker: Your Committee on Missouri Tobacco Settlement, to which was referred HB 814, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Municipal Corporations, Chairman Shelton reporting:

Mr. Speaker: Your Committee on Municipal Corporations, to which was referred HB 261, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Municipal Corporations, to which was referred HB 686, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Professional Registration and Licensing, Chairman Treadway reporting:

Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 866, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 867, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Utilities Regulation, Chairman Mays (50) reporting:

Mr. Speaker: Your Committee on Utilities Regulation, to which was referred HB 587, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Ways and Means, Chairman Bray reporting:

Mr. Speaker: Your Committee on Ways and Means, to which was referred HB 120, begs leave to report it has examined the same and recommends that it Do Pass.

INTRODUCTION OF HOUSE JOINT RESOLUTION

The following House Joint Resolution was read the first time and copies ordered printed:

HJR 33, introduced by Representatives Bonner and Cierpiot, relating to the state auditor.

INTRODUCTION OF HOUSE BILL - APPROPRIATIONS

The following House Bill was read the first time and copies ordered printed:

HB 17, introduced by Representative Franklin, to appropriate money for capital improvement projects involving the maintenance, repair, replacement, and improvement of state buildings and facilities, including installation, modification, and renovation of facility components, equipment or systems, and to transfer money among certain funds.

INTRODUCTION OF HOUSE BILLS

The following House Bills were read the first time and copies ordered printed:

HB 965, introduced by Representative Riback Wilson, relating to the Missouri investment trust.

HB 966, introduced by Representative Smith, relating to disaster leave.

HB 967, introduced by Representative Hosmer, relating to driving after conviction of an intoxication-related driving offense.

HB 968, introduced by Representative Koller, relating to highway enhancement for the purposes of economic development.

HB 969, introduced by Representatives Daniel (42), Gaw, Franklin, Hickey, Green, Days and Champion, relating to the joint committee on economic development policy and planning.

HB 970, introduced by Representatives Hampton, Leake and Koller, et al, relating to the licensing and regulation of veterinarians.

HB 971, introduced by Representative Shelton, relating to airports.

HB 972, introduced by Representatives Hohulin, Vogel, Howerton and Purgason, relating to immunity from liability for certain officers or members of certain charitable organizations in certain situations.

HB 973, introduced by Representatives Boucher, Liese, Thompson (37), Schilling, Riback Wilson, Troupe, Thompson (72) and Daniel (42), et al, relating to the death penalty.

HB 974, introduced by Representative Reynolds, relating to the St. Louis County boundary commission.

HB 975, introduced by Representative Patek, relating to the college guarantee program.

HB 976, introduced by Representative Patek, relating to school finance.

HB 977, introduced by Representative Hoppe, relating to liens and encumbrances on motor vehicles.

HB 978, introduced by Representative Hilgemann, et al, relating to the Y2K millennium bug.

HB 979, introduced by Representative Auer, relating to the public school retirement systems in certain school districts.

HB 980, introduced by Representative Patek, relating to average daily attendance of pupils.

HB 981, introduced by Representative Wiggins, relating to the rural communities economic assistance program.

HB 982, introduced by Representative Hosmer, relating to the department of corrections.

HB 983, introduced by Representative Green, relating to time periods for reporting certain campaign contributions.

HB 984, introduced by Representative Gibbons, relating to tax refunds.

HB 985, introduced by Representatives Selby and Wagner, relating to membership qualifications for certain boards.

COMMITTEE CHANGES

The Speaker submitted the following committee changes:

Representatives Dougherty, Evans, and Lawson have been appointed members of the Missouri Tobacco Settlement Committee.

Representatives Hendrickson and Shelton have been appointed members of the Critical Issues Committee.

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 4, entitled:

An act to repeal section 92.402, RSMo Supp. 1998, relating to transportation sales taxes, and to enact in lieu thereof one new section relating to the same subject.