THIRD READING OF SENATE BILLS
HCS SCS SBs 614, 696, 906, 530, 912 & 914, with HS, as amended, pending, relating to
judiciary, was again taken up by Representative May (108).
Representative Backer offered House Amendment No. 7.
House Amendment No. 7
AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for
Senate Bills Nos. 614, 696, 906, 530, 912 & 914, Page 1, In the Title, Line 12 of said page, by
deleting the word "forty-six" and inserting in lieu thereof the word "forty-seven"; and
Further amend said bill, Page 2, Section A, Line 4 of said page, by deleting the word "forty-six"
and inserting in lieu thereof the word "forty-seven"; and
Further amend said bill, Page 2, Section A, Line 11 of said page, by deleting "and 2" and
inserting in lieu thereof ", 2 and 3"; and
Further amend said bill, Page 71, Section 2, Line 12 of said page, by inserting after all of said
line the following:
"Section 3. Notwithstanding the circuit court personnel system, the legal advisors to the
circuit clerk or court administrator in the 16th, 21st, and 22nd judicial circuits shall receive
an increase in base compensation in the amount of ten thousand dollars annually, subject
to appropriation. The provisions of this section shall not affect the applicability of the
circuit court personnel system to such positions.".
Representative Backer moved that House Amendment No. 7 be adopted.
Which motion was defeated by the following vote:
AYES: 057
Backer Barry 100 Bauer Bland Bray 84
Carter Clayton Copeland Crump Daniel 42
Daniels 41 Davis 122 Days DeMarce Donovan
Dougherty Fitzwater Foley Ford Franklin
Gibbons Graham 24 Hagan-Harrell Harlan Hickey
Hollingsworth Hoppe Johnson Kelly 27 Kreider
Lawson Leake Luetkenhaus May 108 Mays 50
McLuckie Murray O'Toole Overschmidt Reynolds
Rizzo Scheve Schilling Seigfreid Shelton 57
Shields Smith Stokan Stoll Stroker
Thomason 163 Thompson 72 Treadway Van Zandt Wiggins
Wilson Mr. Speaker
NOES: 096
Akin Alter Auer Ballard Barnett
Bartelsmeyer Bartlett Berkstresser Boatright Bonner
Broach Burton Champion Chrismer Cierpiot
Cooper Crawford Davis 63 Dolan Edwards-Pavia
Elliott Enz Evans Farnen Foster
Fritts Froelker Gaskill Gaston Graham 106
Gratz Green Griesheimer Gross Gunn
Hall Hartzler 123 Hartzler 124 Heckemeyer Hegeman
Hendrickson Hilgemann Hohulin Holand Howerton
Kasten Kauffman Kelley 47 Kennedy Kissell
Klindt Lakin Legan Levin Linton
Lograsso Long Loudon Marble McBride
McClelland Merideth Miller Monaco Murphy
Naeger Nordwald O'Connor Ostmann Parker
Patek Pouche Pryor Purgason Ransdall
Reinhart Relford Richardson Ridgeway Robirds
Ross Sallee Schwab Scott Secrest
Sheldon 104 Skaggs Steen Summers Surface
Townley Troupe Vogel Wannenmacher Williams 159
Wooten
PRESENT: 000
ABSENT WITH LEAVE: 009
Bennett Boucher Campbell Hosmer Koller
Liese Shear Thompson 37 Williams 121
VACANCIES: 001
Representative Bland offered House Amendment No. 8.
House Amendment No. 8
AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for
Senate Bills Nos. 614, 696, 906, 530, 912 & 914, Page 1, In the Title, Line 5 of said page, by
inserting immediately after the number "491.060," the following: "494.425,"; and
Further amend said bill, Page 1, In the Title, Line 12 of said page, by deleting the word "forty-six" and inserting in lieu thereof the word "forty-seven"; and
Further amend said bill, Page 1, Section A, Line 19 of said page, by inserting immediately after
the number "491.060," the following: "494.425,"; and
Further amend said bill, Page 2, Section A, Line 4 of said page, by deleting the word "forty-six"
and inserting in lieu thereof the word "forty-seven"; and
Further amend said bill, Page 2, Section A, Line 9 of said page, by inserting immediately after
the number "491.060," the numbers "494.425,"; and
Further amend said bill, Page 59, Section 491.060, Line 20 of said page, by inserting after all of
said line the following:
"494.425. The following persons shall be disqualified from serving as a petit or grand juror:
(1) Any person who is less than [twenty-one] eighteen years of age;
(2) Any person not a citizen of the United States;
(3) Any person not a resident of the county or city not within a county served by the court
issuing the summons;
(4) Any person who has been convicted of a felony, unless such person has been restored to [his]
such person's civil rights;
(5) Any person unable to read, speak and understand the English language;
(6) Any person on active duty in the armed forces of the United States or any member of the
organized militia on active duty under order of the governor;
(7) Any licensed attorney at law;
(8) Any judge of a court of record;
(9) Any person who, in the judgment of the court or the board of jury commissioners, is
incapable of performing the duties of a juror because of mental or physical illness or infirmity.".
Representative Loudon offered House Amendment No. 1 to House Amendment No. 8.
Representative May (108) raised a point of order that House Amendment No. 1 to House
Amendment No. 8 is in the third degree.
The Chair ruled the point of order well taken.
On motion of Representative Bland, House Amendment No. 8 was adopted.
Representative Gibbons offered House Amendment No. 9.
House Amendment No. 9
AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for
Senate Bill No. 614, 696, 906, 530, 912 & 914, Page 19, Section 196.790, Line 9, by inserting
after said line all of the following:
"Section A. Section 211.031, RSMo 1994, is repealed and one new section is enacted in lieu
thereof, to be known as section 211.031, to read as follows:
211.031. 1. Except as otherwise provided in this chapter, the juvenile court or the family court
in circuits that have a family court as provided in sections 487.010 to 487.190, RSMo, shall have
exclusive original jurisdiction in proceedings:
(1) Involving any child or person seventeen years of age who may be a resident of or found
within the county and who is alleged to be in need of care and treatment because:
(a) The parents, or other persons legally responsible for the care and support of the child or
person seventeen years of age, neglect or refuse to provide proper support, education which is
required by law, medical, surgical or other care necessary for his or her well-being; except that
reliance by a parent, guardian or custodian upon remedial treatment other than medical or
surgical treatment for a child or person seventeen years of age shall not be construed as neglect
when the treatment is recognized or permitted under the laws of this state;
(b) The child or person seventeen years of age is otherwise without proper care, custody or
support; or
(c) The child or person seventeen years of age was living in a room, building or other structure at
the time such dwelling was found by a court of competent jurisdiction to be a public nuisance
pursuant to section 195.130, RSMo;
(2) Involving any child who may be a resident of or found within the county and who is alleged
to be in need of care and treatment because:
(a) The child while subject to compulsory school attendance is repeatedly and without
justification absent from school; or
(b) The child disobeys the reasonable and lawful directions of his or her parents or other
custodian and is beyond their control; or
(c) The child is habitually absent from his or her home without sufficient cause, permission, or
justification; or
(d) The behavior or associations of the child are otherwise injurious to his welfare or to the
welfare of others; or
(e) The child is charged with an offense not classified as criminal, or with an offense applicable
only to children; except that, the juvenile court shall not have jurisdiction over any child fifteen
and one-half years of age who is alleged to have violated a state or municipal traffic ordinance or
regulation, the violation of which does not constitute a felony, or any child who is alleged to
have violated a state or municipal ordinance or regulation prohibiting possession or use of
any tobacco product;
(3) Involving any child who is alleged to have violated a state law or municipal ordinance, or
any person who is alleged to have violated a state law or municipal ordinance prior to attaining
the age of seventeen years, in which cases jurisdiction may be taken by the court of the circuit in
which the child or person resides or may be found or in which the violation is alleged to have
occurred; except that, the juvenile court shall not have jurisdiction over any child fifteen and
one-half years of age who is alleged to have violated a state or municipal traffic ordinance or
regulation, the violation of which does not constitute a felony, or any child who is alleged to
have violated a state or municipal ordinance or regulation prohibiting possession or use of
any tobacco product;
(4) For the adoption of a person;
(5) For the commitment of a child or person seventeen years of age to the guardianship of the
department of social services as provided by law.
2. Transfer of a matter, proceeding, jurisdiction or supervision for a child or person seventeen
years of age who resides in a county of this state shall be made as follows:
(1) Prior to the filing of a petition and upon request of any party or at the discretion of the
juvenile officer, the matter in the interest of a child or person seventeen years of age may be
transferred by the juvenile officer, with the prior consent of the juvenile officer of the receiving
court, to the county of the child's residence or the residence of the person seventeen years of age
for future action;
(2) Upon the motion of any party or on its own motion prior to final disposition on the pending
matter, the court in which a proceeding is commenced may transfer the proceeding of a child or
person seventeen years of age to the court located in the county of the child's residence or the
residence of the person seventeen years of age, or the county in which the offense under
subdivision (3) of subsection 1 of this section is alleged to have occurred for further action;
(3) Upon motion of any party or on its own motion, the court in which jurisdiction has been
taken pursuant to subsection 1 of this section may at any time thereafter transfer jurisdiction of a
child or person seventeen years of age to the court located in the county of the child's residence
or the residence of the person seventeen years of age for further action with the prior consent of
the receiving court;
(4) Upon motion of any party or upon its own motion at any time following a judgment of
disposition or treatment pursuant to section 211.181, the court having jurisdiction of the cause
may place the child or person seventeen years of age under the supervision of another juvenile
court within or without the state pursuant to section 210.570, RSMo, with the consent of the
receiving court;
(5) Upon the transfer of any matter, proceeding, jurisdiction or supervision of a child or person
seventeen years of age, certified copies of all legal and social documents and records pertaining
to the case on file with the clerk of the transferring juvenile court shall accompany the transfer.
3. In any proceeding involving any child or person seventeen years of age taken into custody in a
county other than the county of the child's residence or the residence of a person seventeen years
of age, the juvenile court of the county of the child's residence or the residence of a person
seventeen years of age shall be notified of such taking into custody within seventy-two hours."
On motion of Representative Gibbons, House Amendment No. 9 was adopted.
Representative Gratz offered House Amendment No. 10.
House Amendment No. 10
AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for
Senate Bill No. 614, 696, 906, 530, 912 & 914, Page 28, Section 213.111, Line 19, by adding
after said line the following:
"3. Section 494.490 RSMo. to the contrary notwithstanding, in any action before a jury as
authorized by this section the percentage of jurors required to concur in any verdict shall
be consistent with that required in federal court for similar actions."
Representative May (108) raised a point of order that House Amendment No. 10 amends
previously amended material.
The Chair ruled the point of order not well taken.
Representative Loudon offered House Substitute Amendment No. 1 for House Amendment No.
10.
Representative May (108) raised a point of order that House Substitute Amendment No. 1 for
House Amendment No. 10 is not a true substitute amendment.
The Chair ruled the point of order well taken.
Representative Gratz moved that House Amendment No. 10 be adopted.
Which motion was defeated by the following vote:
AYES: 075
Akin Alter Auer Ballard Barnett
Bartelsmeyer Bennett Berkstresser Boatright Broach
Burton Champion Chrismer Cierpiot Cooper
Crawford Dolan Donovan Edwards-Pavia Elliott
Enz Evans Foster Froelker Gaskill
Gibbons Graham 106 Gratz Griesheimer Gross
Hartzler 123 Hartzler 124 Hegeman Hendrickson Hohulin
Holand Howerton Kasten Kauffman Kelley 47
Klindt Legan Levin Linton Long
Loudon Marble McClelland Merideth Miller
Murphy Naeger Nordwald Ostmann Patek
Pouche Pryor Purgason Reinhart Richardson
Robirds Ross Sallee Schwab Scott
Secrest Shields Steen Summers Surface
Thomason 163 Townley Vogel Wannenmacher Wooten
NOES: 079
Backer Barry 100 Bartlett Bauer Bland
Bonner Boucher Bray 84 Carter Clayton
Copeland Crump Daniel 42 Daniels 41 Davis 122
Davis 63 Days DeMarce Dougherty Farnen
Fitzwater Foley Ford Franklin Fritts
Gaston Graham 24 Green Gunn Hagan-Harrell
Hall Harlan Heckemeyer Hickey Hilgemann
Hollingsworth Hoppe Hosmer Johnson Kelly 27
Kennedy Kissell Koller Kreider Lakin
Lawson Leake Luetkenhaus May 108 Mays 50
McBride McLuckie Monaco Murray O'Connor
O'Toole Overschmidt Parker Ransdall Reynolds
Rizzo Scheve Schilling Seigfreid Shelton 57
Skaggs Smith Stokan Stoll Stroker
Thompson 37 Thompson 72 Troupe Van Zandt Wiggins
Williams 121 Williams 159 Wilson Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 008
Campbell Liese Lograsso Relford Ridgeway
Shear Sheldon 104 Treadway
VACANCIES: 001
Representative Backer moved the previous question.
Which motion was adopted by the following vote:
AYES: 083
Auer Backer Barry 100 Bartlett Bauer
Bland Bonner Boucher Bray 84 Campbell
Carter Clayton Copeland Crump Daniel 42
Daniels 41 Davis 122 Davis 63 Days DeMarce
Dougherty Farnen Fitzwater Foley Franklin
Fritts Graham 24 Gratz Green Gunn
Hagan-Harrell Harlan Heckemeyer Hickey Hilgemann
Hollingsworth Hoppe Hosmer Johnson Kelly 27
Kennedy Kissell Koller Kreider Lakin
Lawson Leake Luetkenhaus May 108 Mays 50
McBride McLuckie Merideth Monaco Murray
O'Connor O'Toole Overschmidt Parker Ransdall
Relford Reynolds Rizzo Scheve Schilling
Seigfreid Shelton 57 Skaggs Smith Stokan
Stoll Stroker Thomason 163 Thompson 37 Thompson 72
Treadway Troupe Van Zandt Wiggins Williams 121
Williams 159 Wilson Mr. Speaker
NOES: 072
Akin Alter Ballard Barnett Bartelsmeyer
Bennett Berkstresser Boatright Broach Burton
Champion Chrismer Cierpiot Cooper Crawford
Dolan Donovan Edwards-Pavia Enz Evans
Foster Froelker Gaskill Gaston Gibbons
Graham 106 Griesheimer Gross Hall Hartzler 123
Hartzler 124 Hegeman Hendrickson Hohulin Holand
Howerton Kasten Kauffman Kelley 47 Klindt
Legan Levin Linton Lograsso Loudon
Marble McClelland Miller Murphy Naeger
Nordwald Ostmann Patek Pouche Pryor
Purgason Richardson Robirds Ross Sallee
Schwab Scott Secrest Sheldon 104 Shields
Steen Summers Surface Townley Vogel
Wannenmacher Wooten
PRESENT: 000
ABSENT WITH LEAVE: 007
Elliott Ford Liese Long Reinhart
Ridgeway Shear
VACANCIES: 001
On motion of Representative May (108), HS HCS SCS SBs 614, 696, 906, 530, 912 & 914, as
amended, was adopted.
On motion of Representative May (108), HS HCS SCS SBs 614, 696, 906, 530, 912 & 914, as
amended, was read the third time and passed by the following vote:
AYES: 083
Auer Backer Barry 100 Bartlett Bauer
Bland Bonner Boucher Bray 84 Campbell
Clayton Copeland Crump Daniel 42 Daniels 41
Davis 122 Davis 63 Days DeMarce Dougherty
Farnen Fitzwater Foley Ford Franklin
Fritts Gaston Graham 24 Green Gunn
Hagan-Harrell Harlan Heckemeyer Hickey Hilgemann
Hollingsworth Hoppe Hosmer Johnson Kelly 27
Kennedy Kissell Koller Kreider Lakin
Lawson Leake Luetkenhaus May 108 Mays 50
McLuckie Monaco Murray O'Connor O'Toole
Overschmidt Parker Ransdall Relford Reynolds
Rizzo Scheve Schilling Seigfreid Shelton 57
Skaggs Smith Stokan Stoll Stroker
Thomason 163 Thompson 37 Thompson 72 Treadway Troupe
Van Zandt Wannenmacher Wiggins Williams 121 Williams 159
Wilson Wooten Mr. Speaker
NOES: 071
Akin Alter Ballard Barnett Bartelsmeyer
Bennett Berkstresser Boatright Broach Burton
Champion Chrismer Cooper Crawford Dolan
Donovan Edwards-Pavia Elliott Enz Evans
Foster Froelker Gibbons Graham 106 Gratz
Griesheimer Gross Hartzler 123 Hartzler 124 Hegeman
Hendrickson Hohulin Holand Howerton Kasten
Kauffman Kelley 47 Klindt Legan Levin
Linton Long Loudon Marble McBride
McClelland Merideth Miller Murphy Naeger
Nordwald Ostmann Patek Pouche Pryor
Purgason Reinhart Richardson Robirds Ross
Sallee Schwab Scott Secrest Sheldon 104
Shields Steen Summers Surface Townley
Vogel
PRESENT: 000
ABSENT WITH LEAVE: 008
Carter Cierpiot Gaskill Hall Liese
Lograsso Ridgeway Shear
VACANCIES: 001
Speaker Gaw declared the bill passed.
On motion of Representative Stroker, title to the bill was agreed to.
Representative Riback Wilson moved that the vote by which the bill passed be reconsidered.
Representative Wooten moved that motion lay on the table.
The latter motion prevailed.
Representative Loudon requested a verification of the roll call on the Third Reading and Final
Passage of HS HCS SCS SBs 614, 696, 906, 530, 912 & 914, as amended.
HCS SB 680, relating to business organizations, was taken up by Representative May (108).
Representative May (108) offered HS#2 HCS SB 680.
Representative Clayton offered House Amendment No. 1.
House Amendment No. 1
AMEND House Substitute No. 2 for House Committee Substitute for Senate Bill No. 680, Page
20, Section 351.448, Line 22, by inserting immediately after the word "corporation" the words
"but solely in connection with a holding company reorganization"; and
amend said bill and section, page 25, lines 8-22, by deleting all of said lines and inserting in lieu
thereof the following:
"4. If a plan of merger is adopted by such domestic corporation by action of its board of
directors and without any vote of shareholders pursuant to this section, the articles of
merger shall state that the plan of merger has been adopted pursuant to this section and
shall set forth the resolution of the board of directors of such domestic corporation
approving the plan of merger and the date of adoption of the resolution and shall state that
the conditions in the first sentence of subsection 1 of this section have been satisfied. The
articles of merger shall also set forth the plan of merger and as to each of the constituent
corporations to the merger, the number of shares outstanding, shall be executed and
verified as provided in section 351.430 and shall be filed in accordance with section 351.435
and the merger shall become effective in accordance with section 351.440.".
On motion of Representative Clayton, House Amendment No. 1 was adopted.
Representative May (108) offered House Amendment No. 2.
House Amendment No. 2
AMEND House Substitute No. 2 for House Committee Substitute for Senate Bill No. 680, Pages
5 and 6, Section 351.025, by deleting all of said section and inserting in lieu thereof the
following:
"351.025. 1. Any existing corporation heretofore organized for profit under any special law of
this state may accept the provisions of this chapter and be entitled to all of the rights, privileges
and benefits provided by this chapter, as well as accepting the obligations and duties imposed by
this chapter, by filing with the secretary of state a certificate of acceptance of this chapter, signed
by its president and secretary, duly authorized by its board of directors, and approved by the
affirmative vote of a majority of its outstanding shares.
2. Any health services corporation organized as a not for profit corporation pursuant to
chapter 354, RSMo, that has complied with the provisions of section 354.065, RSMo, may
accept the provisions of this chapter and be entitled to all of the rights, privileges and
benefits provided by this chapter, as well as accepting the obligations and duties imposed
by this chapter, by filing with the secretary of state a certificate of acceptance of this
chapter, signed by its president and secretary, duly authorized by its board of directors,
and approved by the affirmative vote of a majority of its outstanding shares, if any.
3. The provisions of subsection 2 of this section shall expire and have no force and effect on
and after August 31, 1999."; and
Further amend said bill, Page 27, Section 354.065, Line 19 of said page, by inserting
immediately after the number "354.065." the number "1."; and
Further amend said bill, Page 28, Section 354.065, Line 5 of said page, by deleting all of said line
and inserting in lieu thereof the following: "amended accordingly.
2. A health services corporation"; and
Further amend said bill, Page 29, Section 354.065, Line 11 of said page, by inserting after all of
said line the following:
"3. The provisions of subsection 2 of this section shall expire and have no force and effect
on and after August 31, 1999.".
On motion of Representative May (108), House Amendment No. 2 was adopted.
Representative Thomason (163) offered House Amendment No. 3.
House Amendment No. 3
AMEND House Substitute No. 2 for House Committee Substitute for Senate Bill No. 680, Page
1, In the Title, Line 2 of said page, by inserting immediately after the word "sections" the
numbers "105.273, 105.274,"; and
Further amend said bill, Page 1, In the Title, Line 7 of said page, by deleting the word "fifteen"
and inserting in lieu thereof the word "forty-six"; and
Further amend said bill, Page 1, In the Title, Line 8 of said page, by inserting immediately after
the word "subject" the words ", with penalty provisions"; and
Further amend said bill, Page 1, Section A, Line 11 of said page, by inserting immediately after
the word "Sections" the numbers "105.273, 105.274,"; and
Further amend said bill, Page 1, Section A, Line 14 of said page, by deleting the word "fifteen"
and inserting in lieu thereof the word "forty-six"; and
Further amend said bill, Page 1, Section A, Line 15 of said page, by inserting immediately after
the word "sections" the numbers "105.273, 105.274,"; and
Further amend said bill, Page 1, Section A, Line 17 of said page, by deleting "and 2" and
inserting in lieu thereof the following: ", 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31"; and
Further amend said bill, Page 1, Section 347.163, Line 18 of said page, by inserting immediately
before all of said line the following:
"105.273. As used in sections 105.273 to 105.278
(1) "Public security" means a bond, note, certificate of indebtedness, or other obligation for the
payment of money, issued by this state or by any of its departments, agencies or other
instrumentalities or by any of its political subdivisions;
(2) "Instrument of payment" means a check, draft, warrant or order for the payment, delivery or
transfer of funds;
(3) "Authorized officer" means any official of this state or any of its departments, agencies, or
other instrumentalities or any of its political subdivisions whose signature to a public security or
instrument of payment is required or permitted;
(4) "Facsimile signature" means a reproduction by engraving, imprinting, stamping, or other
means of the manual signature of an authorized officer;
(5) "Contract", means any contract executed by a political subdivision of this state and
approved by the governing body of the political subdivision.
105.274. Any authorized officer, after filing with the secretary of state his or her manual
signature certified by [him] such officer under oath, may execute or cause to be executed with a
facsimile signature in lieu of his or her manual signature:
(1) Any public security, provided that at least one signature required or permitted to be placed
thereon shall be manually subscribed; [and]
(2) Any instrument of payment. Upon compliance with sections 105.273 to 105.278 by the
authorized officer, his or her facsimile signature has the same legal effect as his or her manual
signature; and
(3) Any contract executed by a political subdivision of this state and approved by the
governing body of the political subdivision."; and
Further amend said bill, Page 31, Section 358.510, Line 13 of said page, by inserting after all of
said line the following:
"Section 1. Sections 1 to 27 of this act are known as the "Missouri Digital Signatures Act."
Section 2. Sections 1 to 27 of this act shall be construed to be consistent with what is
commercially reasonable under the circumstances and to effectuate the following purposes:
(1) To facilitate commerce by means of reliable electronic messages;
(2) To minimize the incidence of forged digital signatures and fraud in electronic
commerce;
(3) To implement legally the general import of relevant standards, such as X.509 of the
International Telecommunication Union (formerly International Telegraph and Telephone
Consultative Committee or CCITT); and
(4) To establish, in coordination with multiple states, uniform rules regarding the
authentication and reliability of electronic messages.
Section 3. For the purposes of sections 1 to 27 of this act, unless the context expressly
indicates otherwise, the following terms shall mean:
(1) "Accept a certificate":
(a) To manifest approval of a certificate, while knowing or having notice of its contents; or
(b) To apply to a licensed certification authority for a certificate, without canceling or
revoking the application, if the certification authority subsequently issues a certificate
based on the application;
(2) "Asymmetric cryptosystem", an algorithm or series of algorithms which provide a
secure key pair;
(3) "Certificate", a computer-based record which:
(a) Identifies the certification authority issuing it;
(b) Names or identifies its subscriber;
(c) Contains the subscriber's public key; and
(d) Is digitally signed by the certification authority issuing it;
(4) "Certification authority", a person who issues a certificate;
(5) "Certification authority disclosure record", an on-line, publicly accessible record
which concerns a licensed certification authority and is kept by the division. A certification
authority disclosure record has the contents specified by rule of the division pursuant to
section 4 of this act;
(6) "Certification practice statement", a declaration of the practices which a certification
authority employs in issuing certificates generally, or employs in issuing a material
certificate;
(7) "Certify", the declaration of material facts by the certification authority regarding a
certificate;
(8) "Confirm", to ascertain through appropriate inquiry and investigation;
(9) "Correspond", with reference to keys, to belong to the same key pair;
(10) "Digital signature", a transformation of a message using an asymmetric cryptosystem
such that a person having the initial message and the signer's public key can accurately
determine whether:
(a) The transformation was created using the private key that corresponds to the signer's
public key; and
(b) The message has been altered since the transformation was made;
(11) "Division", the commissions division of the office of secretary of state for the state of
Missouri;
(12) "Forge a digital signature", either:
(a) To create a digital signature without the authorization of the rightful holder of the
private key; or
(b) To create a digital signature verifiable by a certificate listing as subscriber a person
who either:
a. Does not exist; or
b. Does not hold the private key corresponding to the public key listed in the certificate;
(13) "Hold a private key", to be able to use a private key;
(14) "Incorporate by reference", to make one message a part of another message by
identifying the message to be incorporated and expressing the intention that it be
incorporated;
(15) "Issue a certificate", the acts of a certification authority in creating a certificate and
notifying the subscriber listed in the certificate of the contents of the certificate;
(16) "Key pair", a private key and its corresponding public key in an asymmetric
cryptosystem, keys which have the property that the public key can verify a digital
signature that the private key creates;
(17) "Licensed certification authority", a certification authority to whom a license has
been issued by the division and whose license is in effect;
(18) "Message", a digital representation of information;
(19) "Notify", to communicate a fact to another person in a manner reasonably likely
under the circumstances to impart knowledge of the information to the other person;
(20) "Operative personnel", one or more natural persons acting as a certification authority
or its agent, or in the employment of or under contract with a certification authority, and
who have:
(a) Managerial or policy-making responsibilities for the certification authority; or
(b) Duties directly involving the issuance of certificates, creation of private keys, or
administration of a certification authority's computing facilities;
(21) "Person", a human being or any organization capable of signing a document, either
legally or as a matter of fact;
(22) "Private key", the key of a key pair used to create a digital signature;
(23) "Public key", the key of a key pair used to verify a digital signature;
(24) "Publish", to record or file in a repository;
(25) "Qualified right to payment", an award of damages against a licensed certification
authority by a court having jurisdiction over the certification authority in a civil action for
violation of sections 1 to 27 of this act;
(26) "Recipient", a person who receives or has a digital signature and is in a position to
rely on it;
(27) "Recognized repository", a repository recognized by the division pursuant to section
25 of this act;
(28) "Recommended reliance limit", the limitation on the monetary amount recommended
for reliance on a certificate pursuant to subsection 1 of section 17 of this act;
(29) "Repository", a system for storing and retrieving certificates and other information
relevant to digital signatures;
(30) "Revoke a certificate", to make a certificate ineffective permanently from a specified
time forward. Revocation is effected by notation or inclusion in a set of revoked
certificates, and does not imply that a revoked certificate is destroyed or made illegible;
(31) "Rightfully hold a private key", to be authorized to use a private key:
(a) Which the holder or the holder's agents have not disclosed to any person in violation of
subsection 1 of section 13 of this act; and
(b) Which the holder has not obtained through theft, deceit, eavesdropping or other
unlawful means;
(32) "Signer", a person who creates a digital signature for a message;
(33) "Subscriber", a person who:
(a) Is the subject listed in a certificate;
(b) Accepts the certificate; and
(c) Holds a private key which corresponds to a public key listed in that certificate;
(34) (a) "Suitable guaranty", either a surety bond executed by a surety authorized by the
department of insurance to do business in this state, or an irrevocable letter of credit issued
by a financial institution authorized to do business in this state by the division of finance or
division of credit unions in the department of economic development, which, in either
event, satisfies all of the following requirements, that it:
a. Is issued payable to the division for the benefit of persons holding qualified rights of
payment against the licensed certification authority named as the principal of the bond or
customer of the letter of credit;
b. Is in an amount specified by rule of the division pursuant to section 4 of this act;
c. States that it is issued for filing pursuant to the provisions of sections 1 to 27 of this act;
d. Specifies a term of effectiveness extending at least as long as the term of the license to be
issued to the certification authority; and
e. Is in a form prescribed by rule of the division;
(b) A suitable guaranty may also provide that the total annual liability on the guaranty to
all persons making claims based on it may not exceed the face amount of the guaranty;
(c) A financial institution acting as a certification authority may satisfy the requirements
of this subsection from its assets or capital, to the extent of its lending limit as provided by
law;
(35) "Suspend a certificate", to make a certificate ineffective temporarily from a specified
time forward;
(36) "Time-stamp", either:
(a) To append or attach to a message, digital signature or certificate a digitally signed
notation indicating at least the date and time the notation was appended or attached, and
the identity of the person appending or attaching the notation; or
(b) The notation thus appended or attached;
(37) "Transactional certificate", a valid certificate incorporating by reference one or more
digital signatures;
(38) "Trustworthy system", computer hardware and software which:
(a) Are reasonably secure from intrusion and misuse;
(b) Provide a reasonable level of availability, reliability and correct operation; and
(c) Are reasonably suited to performing their intended functions;
(39) (a) "Valid certificate", a certificate which:
a. A licensed certification authority has issued;
b. The subscriber listed in it has accepted;
c. Has not been revoked or suspended; and
d. Has not expired;
(b) A transactional certificate is a valid certificate only in relation to the digital signature
incorporated in it by reference;
(40) "Verify a digital signature", in relation to a given digital signature, message and
public key, to determine accurately that:
(a) The digital signature was created by the private key corresponding to the public key;
and
(b) The message has not been altered since its digital signature was created.
Section 4. 1. The division may be a certification authority, and may issue, suspend and
revoke certificates in the manner prescribed for licensed certification authorities in sections
1 to 27 of this act.
2. The division shall maintain a publicly accessible database containing a certification
authority disclosure record for each licensed certification authority. The division shall
publish the contents of the database in at least one recognized repository.
3. The division shall promulgate such rules as are necessary to effectuate the provisions of
sections 1 to 27 of this act, including rules:
(1) Governing licensed certification authorities, their practice and the termination of a
certification authority's practice;
(2) Determining an amount appropriate for a suitable guaranty, in light of:
(a) The burden a suitable guaranty places upon licensed certification authorities; and
(b) The assurance of financial responsibility it provides to persons who rely on certificates
issued by licensed certification authorities;
(3) For reviewing software for use in creating digital signatures and publish reports
concerning software;
(4) Specifying reasonable requirements for the form of certificates issued by licensed
certification authorities, in accordance with generally accepted standards for digital
signature certificates;
(5) Specifying reasonable requirements for recordkeeping by licensed certification
authorities;
(6) Specifying reasonable requirements for the content, form and sources of information in
certification authority disclosure records, the updating and timeliness of such information,
and other practices and policies relating to certification authority disclosure records; and
(7) Specifying the form of certification practice statements.
4. No rule or portion of a rule promulgated pursuant to the authority of sections 1 to 27 of
this act shall become effective unless it has been promulgated pursuant to the provisions of
chapter 536, RSMo.
Section 5. 1. To obtain or retain a license a certification authority shall:
(1) Be the subscriber of a certificate published in a recognized repository;
(2) Employ as operative personnel only persons who have not been convicted of a felony or
a crime involving fraud, false statement or deception;
(3) Employ as operative personnel only persons who have demonstrated knowledge and
proficiency in following the requirements of sections 1 to 27 of this act;
(4) File with the division a suitable guaranty, unless the certification authority is the
governor, a department or division of state government, the attorney general, state auditor,
state treasurer, the supreme court, a city, a county or the legislature or its staff offices
provided that:
(a) Each of such governmental entities may act through designated officials authorized by
ordinance, rule or statute to perform certification authority functions; and
(b) One of such governmental entities is the subscriber of all certificates issued by the
certification authority;
(5) Have the right to use a trustworthy system, including a secure means for controlling
usage of its private key;
(6) Present proof to the division of having working capital reasonably sufficient, according
to rules of the division, to enable the applicant to conduct business as a certification
authority;
(7) Comply with all other licensing requirements established by division rule.
2. The division shall issue a license to a certification authority which:
(1) Is qualified pursuant to subsection 1 of this section;
(2) Applies in writing to the division for a license; and
(3) Pays the required filing fee.
3. (1) The division may classify and issue licenses according to specified limitations, such
as a maximum number of outstanding certificates, cumulative maximum of recommended
reliance limits in certificates issued by the certification authority, or issuance only within a
single firm or organization;
(2) A certification authority acts as an unlicensed certification authority when issuing a
certificate exceeding the limits of the license.
4. (1) The division may revoke or suspend a certification authority's license for failure to
comply with sections 1 to 27 of this act, or for failure to remain qualified pursuant to
subsection 1 of this section;
(2) The division's actions pursuant to this subsection are subject to the procedures for
adjudicative proceedings in chapter 621, RSMo.
5. The division may recognize by rule the licensing or authorization of certification
authorities by other governmental entities, provided that those licensing or authorization
requirements are substantially similar to those of this state. If licensing by another
governmental entity is so recognized:
(1) Sections 19 to 24 of this act, which relates to presumptions and legal effects, applies to
certificates issued by the certification authorities licensed or authorized by that
governmental entity in the same manner as it applies to licensed certification authorities of
this state; and
(2) The liability limits of section 17 of this act apply to the certification authorities licensed
or authorized by that governmental entity in the same manner as they apply to licensed
certification authorities of this state.
6. Unless the parties provide otherwise by contract between themselves, the licensing
requirements in this section do not affect the effectiveness, enforceability or validity of any
digital signature except that sections 19 to 24 of this act do not apply to a digital signature
which cannot be verified by a certificate issued by a licensed certification authority.
Further, the liability limits of section 17 of this act do not apply to unlicensed certification
authorities.
Section 6. 1. A certified public accountant having expertise in computer security, or an
accredited computer security professional, shall audit the operations of each licensed
certification authority at least once each year to evaluate compliance with sections 1 to 27
of this act. The division may specify qualifications for auditors in greater detail by rule.
2. (1) Based on information gathered in the audit, the auditor shall categorize the licensed
certification authority's compliance as one of the following:
(a) Full compliance, which means the certification authority appears to conform to all
applicable statutory and regulatory requirements;
(b) Substantial compliance, which means the certification authority generally appears to
conform to all applicable statutory and regulatory requirements; however, one or more
instances of noncompliance or inability to demonstrate compliance were found in the
audited sample, but were likely to be inconsequential;
(c) Partial compliance, which means the certification authority appears to comply with
some statutory and regulatory requirements, but was found not to have complied or not to
be able to demonstrate compliance with one or more important safeguards; or
(d) Noncompliance, which means the certification authority complies with few or none of
the statutory and regulatory requirements, fails to keep adequate records to demonstrate
compliance with more than a few requirements, or refused to submit to an audit;
(2) The auditor shall report the date of the audit of the licensed certification authority and
resulting categorization to the division;
(3) The division shall publish in the certification authority disclosure record it maintains
for the certification authority, the date of the audit and the resulting categorization of the
certification authority.
3. (1) The division may exempt a licensed certification authority from the requirements of
subsection 1 of this section if:
(a) The certification authority to be exempted requests exemption in writing;
(b) The most recent performance audit, if any, of the certification authority resulted in a
finding of full or substantial compliance; and
(c) The certification authority declares under oath or affirmation that one or more of the
following is true with respect to the certification authority:
a. The certification authority has issued fewer than six certificates during the past year
and the total of the recommended reliance limits of all such certificates does not exceed ten
thousand dollars;
b. The aggregate lifetime of all certificates issued by the certification authority during the
past year is less than thirty days and the total of the recommended reliance limits of all
such certificates does not exceed ten thousand dollars; or
c. The recommended reliance limits of all certificates outstanding and issued by the
certification authority total less than one thousand dollars;
(2) If the certification authority's declaration pursuant to subdivision (1) of subsection 3 of
this section falsely states a material fact, the certification authority shall have failed to
comply with the performance audit requirement of this subsection;
(3) If a licensed certification authority is exempt pursuant to this subsection, the division
shall publish in the certification authority disclosure record it maintains for the
certification authority a statement that the certification authority is exempt from the
performance audit requirement.
Section 7. 1. The division may investigate the activities of a licensed certification authority
material to its compliance with this chapter and issue orders to a certification authority to
further its investigation and ensure compliance with sections 1 to 27 of this act.
2. As provided in section 5 of this act, the division may restrict a certification authority's
license for its failure to comply with an order of the division, or may suspend or revoke the
license of a certification authority.
3. Any person who knowingly or intentionally violates an order of the division issued
pursuant to this section or section 8 of this act is subject to a civil penalty of not more than
five thousand dollars per violation or ninety percent of the recommended reliance limit of a
material certificate, whichever is less.
4. The division may order a certification authority in violation of sections 1 to 27 of this act
to pay the costs incurred by the division in prosecuting and adjudicating proceedings
relative to, and in enforcement of, the order.
5. Administrative proceedings undertaken pursuant to this section shall be conducted
pursuant to chapter 536, RSMo.
Section 8. 1. A certification authority, whether licensed or not, may not conduct its
business in a manner that creates an unreasonable risk of loss to subscribers of the
certification authority, to persons relying on certificates issued by the certification
authority, or to a repository.
2. (1) The division may publish in one or more recognized repositories brief statements
advising subscribers, persons relying on digital signatures, and repositories about any
activities of a licensed or unlicensed certification authority, of which the division has actual
knowledge, which create a risk prohibited by subsection 1 of this section;
(2) The certification authority named in a statement as creating such a risk may protest the
publication of the statement by filing a brief, written defense. Upon receipt of such a
protest, the division shall:
(a) Publish the written defense along with the division's statement;
(b) Publish notice that a hearing has been scheduled to determine the facts and to decide
the matter; and
(c) Promptly give the protesting certification authority notice and a hearing as provided in
chapter 536, RSMo;
(3) Following the hearing, the division shall:
(a) Rescind the advisory statement if its publication was unwarranted pursuant to this
section;
(b) Cancel the advisory statement if its publication is no longer warranted;
(c) Continue or amend the advisory statement if it remains warranted; or
(d) Take further legal action to eliminate or reduce a risk prohibited by subsection 1 of
this section;
(4) The division shall publish its decision in one or more recognized repositories.
3. Nothing in sections 1 to 27 of this act shall be construed to prevent the division from
exercising any and all legal methods to enforce the provisions of sections 1 to 27 of this act.
The provisions of this section do not create a right of action in any person other than the
division.
Section 9. 1. A licensed certification authority or subscriber shall use only a trustworthy
system:
(1) To issue, suspend or revoke a certificate;
(2) To publish or give notice of the issuance, suspension or revocation of a certificate; and
(3) To create a private key.
2. A licensed certification authority shall disclose any material certification practice
statement, and any fact material to either the reliability of a certificate which it has issued
or its ability to perform its services. A certification authority may require a signed, written
and reasonably specific inquiry from an identified person, and payment of reasonable
compensation, as conditions precedent to effecting a disclosure required in this subsection.
Section 10. 1. A licensed certification authority may issue a certificate to a subscriber only
after all of the following conditions are satisfied:
(1) The certification authority has received a request for issuance signed by the prospective
subscriber; and
(2) The certification authority has confirmed that:
(a) The prospective subscriber is the person to be listed in the certificate to be issued;
(b) If the prospective subscriber is acting through one or more agents, the subscriber
authorized the agent or agents to have custody of the subscriber's private key and to
request issuance of a certificate listing the corresponding public key;
(c) The information in the certificate to be issued is accurate after due diligence;
(d) The prospective subscriber rightfully holds the private key corresponding to the public
key to be listed in the certificate;
(e) The prospective subscriber holds a private key capable of creating a digital signature;
and
(f) The public key to be listed in the certificate can be used to verify a digital signature
affixed by the private key held by the prospective subscriber;
(3) The requirements of this subsection may not be waived or disclaimed by the licensed
certification authority or the subscriber.
2. (1) If the subscriber accepts the issued certificate, the certification authority shall
publish a signed copy of the certificate in a recognized repository agreed upon by the
certification authority and the subscriber named in the certificate, unless the contract
between the certification authority and the subscriber provides otherwise;
(2) If the subscriber does not accept the certificate, a licensed certification authority shall
not publish the certificate or shall cancel its publication if the certificate has already been
published.
3. Nothing in this section precludes a licensed certification authority from conforming to
standards, certification practice statements, security plans, or contractual requirements
more rigorous than, but consistent with, sections 1 to 27 of this act.
4. (1) A licensed certification authority which has issued a certificate:
(a) Shall revoke a certificate immediately upon confirming that it was not issued as
required by this section; or
(b) May suspend, for a reasonable period of time not to exceed forty-eight hours, a
certificate which it has issued in order to conduct an investigation to confirm grounds for
revocation pursuant to paragraph (a) of this subdivision;
(2) The certification authority shall give notice of the revocation or suspension to the
subscriber as soon as practicable.
5. (1) The division may order the licensed certification authority to suspend or revoke a
certificate which the certification authority issued if, after giving the certification authority
and subscriber any required notice and opportunity for a hearing in accordance with
chapter 536, RSMo, the division determines that:
(a) The certificate was issued without substantial compliance with this section; and
(b) The noncompliance poses a significant risk to persons reasonably relying on the
certificate;
(2) The division may suspend a certificate for a reasonable period of time not to exceed
forty-eight hours upon determining that an emergency requires an immediate remedy.
Section 11. 1. (1) By issuing a certificate, a licensed certification authority warrants to the
subscriber named in the certificate that:
(a) The certificate contains no information known to the certification authority to be false;
(b) The certificate satisfies all material requirements of sections 1 to 27 of this act; and
(c) The certification authority has not exceeded any limits of its license in issuing the
certificate;
(2) The certification authority may not disclaim or limit the warranties of this subsection.
2. Unless the subscriber and certification authority otherwise agree, a certification
authority, by issuing a certificate, shall:
(1) Act promptly to suspend or revoke a certificate in accordance with sections 14 and 15
of this act; and
(2) Notify the subscriber within a reasonable time of any facts known to the certification
authority which significantly affect the validity or reliability of the certificate once it is
issued.
3. By issuing a certificate, a licensed certification authority certifies to all who reasonably
rely on the information contained in the certificate that:
(1) The information in the certificate and listed as confirmed by the certification authority
is accurate;
(2) All foreseeable information material to the reliability of the certificate is stated or
incorporated by reference within the certificate;
(3) The subscriber has accepted the certificate; and
(4) The licensed certification authority has complied with all applicable laws of this state
governing issuance of the certificate.
4. By publishing a certificate, a licensed certification authority certifies to the repository in
which the certificate is published and to all who reasonably rely on the information
contained in the certificate that the certification authority has issued the certificate to the
subscriber.
Section 12. 1. By accepting a certificate issued by a licensed certification authority, the
subscriber listed in the certificate certifies to all who reasonably rely on the information
contained in the certificate that:
(1) The subscriber rightfully holds the private key corresponding to the public key listed in
the certificate;
(2) All representations made by the subscriber to the certification authority and material
to information listed in the certificate are true;
(3) All material representations made by the subscriber to a certification authority or
made in the certificate and not confirmed by the certification authority in issuing the
certificate are true.
2. An agent, requesting on behalf of a principal that a certificate be issued naming the
principal as subscriber, certifies that the agent:
(1) Holds all authority legally required to apply for issuance of a certificate naming the
principal as subscriber; and
(2) Has authority to sign digitally on behalf of the principal, and, if that authority is
limited in any way, that adequate safeguards exist to prevent a digital signature exceeding
the bounds of the person's authority.
3. A person may not disclaim or contractually limit the application of this section, or
obtain indemnity for its effects, if the disclaimer, limitation or indemnity restricts liability
for misrepresentation as against persons reasonably relying on the certificate.
4. (1) By accepting a certificate, a subscriber undertakes to indemnify the issuing
certification authority for any loss or damage caused by issuance or publication of a
certificate in reliance on a false and material representation of fact by the subscriber, or
the failure by the subscriber to disclose a material fact if the representation or failure to
disclose was made either with intent to deceive the certification authority or a person
relying on the certificate or was made with negligence;
(2) If the certification authority issued the certificate at the request of an agent of the
subscriber, the agent personally undertakes to indemnify the certification authority
pursuant to subdivision (1) of this subsection as if the agent was an accepting subscriber in
his or her own right. The indemnity provided in subdivision (1) of this subsection may not
be disclaimed or contractually limited in scope, however, a contract may provide
consistent, additional terms regarding the indemnification.
5. In obtaining information of the subscriber material to issuance of certificate, the
certification authority may require the subscriber to certify the accuracy of relevant
information under oath or affirmation of truthfulness and under penalty of criminal
prohibitions against false, sworn statements.
Section 13. 1. By accepting a certificate issued by a licensed certification authority, the
subscriber identified in the certificate assumes a duty to exercise reasonable care to retain
control of the private key and prevent its disclosure to any person not authorized to create
the subscriber's digital signature.
2. A private key is the personal property of the subscriber who rightfully holds it.
3. If a certification authority holds the private key corresponding to a public key as a
fiduciary of the subscriber named in the certificate, the certification authority may use that
private key only with the subscriber's prior, written approval, unless the subscriber
expressly permits the certification authority to hold the private key according to other
terms.
Section 14. 1. (1) Unless the certification authority and the subscriber agree otherwise, the
licensed certification authority which issued a certificate which is not a transactional
certificate shall suspend the certificate for a period not exceeding forty-eight hours:
(a) Upon request by a person identifying himself or herself as the subscriber named in the
certificate, or as a person in a position likely to know of a compromise of the security of
subscriber's private key, such as an agent, business associate, employee or member of the
immediate family of the subscriber; or
(b) By order of the division pursuant to subsection 5 of section 10 of this act;
(2) The certification authority need not confirm the identity or agency of the person
requesting suspension pursuant to paragraph (a) of subdivision (1) of this subsection.
2. (1) Unless the certificate provides otherwise or the certificate is a transactional
certificate, the division, a court clerk, or county clerk may suspend a certificate issued by a
licensed certification authority for a period of forty-eight hours, if:
(a) A person requests suspension and identifies himself or herself as the subscriber named
in the certificate or as an agent, business associate, employee or member of the immediate
family of the subscriber; and
(b) The requester represents that the certification authority which issued the certificate is
unavailable;
(2) The division, court clerk or county clerk may:
(a) Require the person requesting suspension pursuant to subdivision (1) of this subsection
to provide evidence, including a statement under oath or affirmation, regarding any
information described in subdivision (1) of this subsection; and
(b) Suspend or decline to suspend the certificate in its discretion;
(3) The division, attorney general or county attorney may investigate suspensions by the
division, a court clerk or a county clerk for possible wrongdoing by persons requesting
suspension pursuant to subdivision (1) of this subsection.
3. (1) Immediately upon suspension of a certificate by a licensed certification authority,
the licensed certification authority shall publish notice, signed by the licensed certification
authority, of the suspension in any repositories specified in the certificate for publication of
notice of suspension. If any repository specified in the certificate no longer exists or refuses
to accept publication, or is no longer recognized pursuant to section 25 of this act, the
licensed certification authority shall publish the notice in any recognized repository;
(2) If a certificate is suspended by the division, a court clerk or county clerk, the division
or clerk shall give notice as required in subdivision (1) of this subsection for a licensed
certification authority, provided that the person requesting suspension pays in advance any
fee required by a repository for publication of the notice of suspension.
4. A certification authority shall terminate a suspension initiated by request only:
(1) If the subscriber named in the suspended certificate requests termination of the
suspension and the certification authority has confirmed that the person requesting
suspension is the subscriber or an agent of the subscriber authorized to terminate the
suspension; or
(2) When the certification authority discovers and confirms that the request for the
suspension was made without authorization by the subscriber, provided that this
subdivision does not require the certification authority to confirm a request for suspension.
5. The contract between a subscriber and a licensed certification authority may limit or
preclude requested suspension by the certification authority, or may provide otherwise for
termination of a requested suspension. However, if the contract limits or precludes
suspension by the division, a court clerk or a county clerk when the issuing certification
authority is unavailable, the limitation or preclusion shall be effective only if notice of the
limitation or preclusion is published in the certificate.
6. A person may not knowingly or intentionally misrepresent to a certification authority
his or her identity or authorization in requesting suspension of a certificate. Violation of
this subsection is a class B misdemeanor.
7. While the certificate is suspended, the subscriber is released from the duty to keep the
private key secure pursuant to subsection 1 of section 13 of this act.
Section 15. 1. A licensed certification authority shall revoke a certificate which it issued,
but which is not a transactional certificate, after:
(1) Receiving a request for revocation by the subscriber named in the certificate; and
(2) Confirming that the person requesting revocation is that subscriber, or is an agent of
that subscriber with authority to request the revocation.
2. A licensed certification authority shall confirm a request for revocation and revoke a
certificate within one business day after receiving both a subscriber's written request and
evidence reasonably sufficient to confirm the identity and any agency of the person
requesting the suspension.
3. A licensed certification authority shall revoke a certificate which it issued:
(1) Upon receiving a certified copy of the subscriber's death certificate, or upon
confirming by other evidence that the subscriber is dead; or
(2) Upon presentation of documents effecting a dissolution of the subscriber, or upon
confirming by other evidence that the subscriber has been dissolved or has ceased to exist.
4. A licensed certification authority may revoke one or more certificates which it issued if
the certificates are or become unreliable, regardless of whether the subscriber consents to
the revocation.
5. Immediately upon revocation of a certificate by a licensed certification authority, the
licensed certification authority shall publish signed notice of the revocation in any
repository specified in the certificate for publication of notice of revocation. If any
repository specified in the certificate no longer exists or refuses to accept publication, or is
no longer recognized pursuant to section 25 of this act, the licensed certification authority
shall publish the notice in any recognized repository.
6. A subscriber ceases to certify the information, as provided in section 12 of this act, and
has no further duty to keep the private key secure, as required by section 13 of this act, in
relation to a certificate whose revocation the subscriber has requested, beginning with the
earlier of either:
(1) When notice of the revocation is published as required in subsection 5 of this section;
or
(2) Two business days after the subscriber requests revocation in writing, supplies to the
issuing certification authority information reasonably sufficient to confirm the request, and
pays any contractually required fee.
7. Upon notification as required by subsection 5 of this section, a licensed certification
authority is discharged of its warranties based on issuance of the revoked certificate and
ceases to certify the information, as provided in section 11 of this act, in relation to the
revoked certificate.
Section 16. A certificate shall indicate the date on which it expires. When a certificate
expires, the subscriber and certification authority cease to certify the information in the
certificate as provided in sections 1 to 27 of this act and the certification authority is
discharged of its duties based on issuance of that certificate.
Section 17. 1. By specifying a recommended reliance limit in a certificate, the issuing
certification authority and the accepting subscriber recommend that persons rely on the
certificate only to the extent that the total amount at risk does not exceed the recommended
reliance limit.
2. Unless a licensed certification authority waives application of this subsection, a licensed
certification authority is:
(1) Not liable for any loss caused by reliance on a false or forged digital signature of a
subscriber, if, with respect to the false or forged digital signature, the certification
authority complied with all material requirements of sections 1 to 27 of this act;
(2) Not liable in excess of the amount specified in the certificate as its recommended
reliance limit for either:
(a) A loss caused by reliance on a misrepresentation in the certificate of any fact that the
licensed certification authority is required to confirm; or
(b) Failure to comply with section 10 of this act in issuing the certificate;
(3) Liable only for direct, compensatory damages in any action to recover a loss due to
reliance on the certificate, which damages do not include:
(a) Punitive or exemplary damages;
(b) Damages for lost profits, savings or opportunity; or
(c) Damages for pain or suffering.
Section 18. 1. (1) Notwithstanding any provision in the suitable guaranty to the contrary:
(a) If the suitable guaranty is a surety bond, a person may recover from the surety the full
amount of a qualified right to payment against the principal named in the bond, or, if there
is more than one such qualified right to payment during the term of the bond, a ratable
share, up to a maximum total liability of the surety equal to the amount of the bond; or
(b) If the suitable guaranty is a letter of credit, a person may recover from the issuing
financial institution the full amount of a qualified right to payment against the customer
named in the letter of credit, or, if there is more than one qualified right to payment during
the term of the letter of credit, a ratable share, up to a maximum total liability of the issuer
equal to the amount of the credit;
(2) Claimants may recover successively on the same suitable guaranty, provided that the
total liability on the suitable guaranty to all persons making claims based upon qualified
rights of payment during its term may not exceed the amount of the suitable guaranty.
2. To recover a qualified right to payment against a surety or issuer of a suitable guaranty,
the claimant shall file written notice of the claim with the division stating the name and
address of the claimant, the amount claimed, and the grounds for the qualified right to
payment, and any other information required by rule of the division.
3. Recovery of a qualified right to payment from the proceeds of the suitable guaranty
shall be forever barred unless:
(1) The claimant substantially complies with subsection 2 of this section; and
(2) Notice of the claim is filed within two years after the occurrence of the violation of any
of sections 1 to 27 of this act which is the basis for the claim.
Section 19. 1. Where a rule of law requires a signature, or provides for certain
consequences in the absence of a signature, that rule is satisfied by a digital signature if:
(1) That digital signature is verified by reference to the public key listed in a valid
certificate issued by a licensed certification authority;
(2) That digital signature was affixed by the signer with the intention of signing the
message; and
(3) The recipient has no knowledge or notice that the signer either:
(a) Breached a duty as a subscriber; or
(b) Does not rightfully hold the private key used to affix the digital signature.
2. Nothing in sections 1 to 27 of this act precludes any symbol from being valid as a
signature pursuant to other applicable law.
3. This section does not limit the authority of the department of revenue to prescribe the
form of tax returns or other documents filed with the department of revenue.
Section 20. Unless otherwise provided by law or contract, the recipient of a digital
signature assumes the risk that a digital signature is forged, if reliance on the digital
signature is not reasonable under the circumstances. If the recipient determines not to rely
on a digital signature pursuant to this section, the recipient shall promptly notify the signer
of its determination not to rely on the digital signature.
Section 21. 1. A message is as valid, enforceable and effective as if it had been written on
paper, if it:
(1) Bears in its entirety a digital signature; and
(2) That digital signature is verified by the public key listed in a certificate which:
(a) Was issued by a licensed certification authority; and
(b) Was valid at the time the digital signature was created.
2. Nothing in this chapter precludes any message, document or record from being
considered written or in writing pursuant to other applicable state law.
Section 22. A copy of a digitally signed message is as effective, valid and enforceable as the
original of the message, unless it is evident that the signer designated an instance of the
digitally signed message to be a unique original, in which case only that instance constitutes
the valid, effective and enforceable message.
Section 23. Unless otherwise provided by law or contract, a certificate issued by a licensed
certification authority is an acknowledgement of a digital signature verified by reference to
the public key listed in the certificate, regardless of whether words of an express
acknowledgement appear with the digital signature or whether the signer physically
appeared before the certification authority when the digital signature was created, if that
digital signature is:
(1) Verifiable by that certificate; and
(2) Affixed when that certificate was valid.
Section 24. In adjudicating a dispute involving a digital signature, a court of this state shall
presume that:
(1) A certificate digitally signed by a licensed certification authority and either published
in a recognized repository or made available by the issuing certification authority or by the
subscriber listed in the certificate is issued by the certification authority which digitally
signed it and is accepted by the subscriber listed in it;
(2) The information listed in a valid certificate, as defined in section 3 of this act, and
confirmed by a licensed certification authority issuing the certificate is accurate;
(3) If a digital signature is verified by the public key listed in a valid certificate issued by a
licensed certification authority, it shall have the same force and effect as the use of a
manual signature; and
(4) A digital signature was created before it was time stamped by a disinterested person
utilizing a trustworthy system.
Section 25. 1. A repository may apply to the division for recognition by filing a written
request and providing evidence to the division that the repository meets the requirements
of subsection 2 of this section. The division shall determine whether to grant or deny the
request in the manner provided for adjudicative proceedings in chapter 536, RSMo.
2. The division shall recognize a repository, after finding that the repository:
(1) Is operated under the direction of a licensed certification authority;
(2) Includes a database containing:
(a) Certificates published in the repository;
(b) Notices of suspended or revoked certificates published by licensed certification
authorities or other persons suspending or revoking certificates as provided in sections 14
and 15 of this act;
(c) Certification authority disclosure records for licensed certification authorities;
(d) All orders or advisory statements published by the division in regulating certification
authorities; and
(e) Other information as determined by rule of the division;
(3) Operates by means of a trustworthy system;
(4) Contains no significant amount of information which the division finds is known or
likely to be untrue, inaccurate or not reasonably reliable;
(5) Contains certificates published by certification authorities required to conform to rules
of practice which the division finds to be substantially similar to, or more stringent toward
the certification authorities, than those of this state;
(6) Keeps an archive of certificates that have been suspended or revoked, or that have
expired within at least the past three years; and
(7) Complies with other requirements prescribed by rule of the division.
3. The division's recognition of a repository may be discontinued upon the repository's
written request for discontinuance filed with the division at least thirty days before
discontinuance.
4. The division may discontinue recognition of a repository:
(1) Upon passage of an expiration date specified by the division in granting recognition; or
(2) In accordance with the procedures for adjudicative proceedings prescribed by chapter
536, RSMo, if the division concludes that the repository no longer satisfies the conditions
for recognition listed in this section or in rules of the division.
Section 26. 1. Notwithstanding any disclaimer by the repository or any contract to the
contrary between the repository, a certification authority, or a subscriber, a repository is
liable for a loss incurred by a person reasonably relying on a digital signature verified by
the public key listed in a suspended or revoked certificate if:
(1) The loss was incurred more than one business day after receipt by the repository of a
request to publish notice of the suspension or revocation; and
(2) The repository had failed to publish the notice of suspension or revocation when the
person relied on the digital signature.
2. Unless waived, a recognized repository or the owner or operator of a recognized
repository is:
(1) Not liable:
(a) For failure to publish notice of a suspension or revocation, unless the repository has
received notice of publication and one business day has elapsed since the notice was
received;
(b) For any damages pursuant to subsection 1 of this section in excess of the amount
specified in the certificate as the recommended reliance limit;
(c) For misrepresentation in a certificate published by a licensed certification authority;
(d) For accurately recording or reporting information which a licensed certification
authority, the division, a county clerk or court clerk has published as provided in sections 1
to 27 of this act, including information about suspension or revocation of a certificate; or
(e) For reporting information about a certification authority, a certificate or a subscriber,
if such information is published as provided in sections 1 to 27 of this act or a rule of the
division, or is published by order of the division in the performance of its licensing and
regulatory duties pursuant to sections 1 to 27 of this act; and
(2) Liable pursuant to subsection 1 of this section only for direct compensatory damages,
which do not include:
(a) Punitive or exemplary damages;
(b) Damages for lost profits, savings or opportunity; or
(c) Damages for pain or suffering.
Section 27. The following governmental entity records are exempt from chapter 610,
RSMo, and are not considered public records for the purposes of that chapter:
(1) Records containing information that would disclose, or might lead to the disclosure of
private keys, asymmetric cryptosystems or algorithms; or
(2) Records, the disclosure of which might jeopardize the security of an issued certificate
or a certificate to be issued.
Section 28. 1. Any statement, document or notice, except any document or judicial decree
relating to the secretary of state's statutory or constitutional duties regarding elections,
required or permitted to be filed with or transmitted by the secretary of state, or any
judicial decree requiring the filing of such document, may be filed, transmitted, stored and
maintained in an electronic format prescribed by the secretary of state. No statement,
document or notice submitted or filed in an electronic format need be submitted or filed in
duplicate. Nothing in this section shall require the secretary of state to accept or transmit
any statement, document or notice in an electronic format.
2. Any statutory requirement that a statement, document or notice be signed by any
person shall be satisfied by an electronically transmitted signature that is:
(1) Unique to the person using it;
(2) Capable of verification;
(3) Under the sole control of the person using it;
(4) Linked to the document in such a manner that if the data is changed, the signature is
invalidated; and
(5) Intended by the party using it to have the same force and effect as the use of a manual
signature.
3. Any requirement that a statement, document or notice filed with the secretary of state
be notarized may be satisfied by a properly authenticated digital signature. The execution
of any statement, document or notice with a digital signature pursuant to this subsection
constitutes an affirmation under penalty of perjury that the facts stated therein are true
and that such person or persons are duly authorized to execute such statement, document
or notice, or are otherwise required to file such statement, document or notice.
Section 29. The secretary of state may accept credit or debit cards and establish a new
revenue collection center for prepaid accounts for the payment of required taxes and fees.
The secretary of state shall work with the state treasurer and the office of administration in
connection with such payments. No person establishing a prepayment account pursuant to
this section shall be entitled to payment of any interest on such account. Funds in
prepayment accounts shall be refundable upon the order of the person or persons
authorized to transfer money from such an account."; and
Further amend said bill, Page 31, Section 1, Line 14 of said page, by deleting "Section 1." and
inserting in lieu thereof the following: "Section 30."; and
Further amend said bill, Page 33, Section 2, Line 1 of said page, by deleting "Section 2." and
inserting in lieu thereof the following: "Section 31.".
On motion of Representative Thomason (163), House Amendment No. 3 was adopted.
On motion of Representative May (108), HS#2 HCS SB 680, as amended, was adopted.
On motion of Representative May (108), HS#2 HCS SB 680, as amended, was read the third
time and passed by the following vote:
AYES: 144
Akin Alter Auer Backer Ballard
Barnett Barry 100 Bartelsmeyer Bartlett Bauer
Bennett Berkstresser Bland Boatright Bonner
Boucher Bray 84 Broach Carter Champion
Chrismer Cierpiot Clayton Cooper Copeland
Crawford Daniel 42 Daniels 41 Davis 122 Days
DeMarce Dolan Donovan Edwards-Pavia Enz
Evans Farnen Fitzwater Foley Ford
Foster Fritts Froelker Gaskill Gaston
Gibbons Graham 106 Graham 24 Gratz Green
Griesheimer Gunn Hagan-Harrell Hall Harlan
Hartzler 123 Hartzler 124 Heckemeyer Hendrickson Hickey
Hilgemann Hohulin Holand Hollingsworth Hoppe
Hosmer Howerton Johnson Kasten Kauffman
Kelley 47 Kelly 27 Kennedy Klindt Koller
Kreider Lakin Lawson Leake Legan
Levin Linton Lograsso Loudon Luetkenhaus
Marble May 108 Mays 50 McBride McClelland
McLuckie Merideth Miller Monaco Murphy
Murray Naeger Nordwald O'Connor O'Toole
Ostmann Overschmidt Parker Patek Pouche
Pryor Ransdall Reinhart Relford Reynolds
Richardson Ridgeway Rizzo Robirds Ross
Sallee Scheve Schilling Schwab Scott
Secrest Seigfreid Shelton 57 Shields Skaggs
Smith Steen Stokan Stoll Stroker
Summers Surface Thomason 163 Thompson 72 Townley
Treadway Troupe Vogel Wannenmacher Wiggins
Williams 159 Wilson Wooten Mr. Speaker
NOES: 005
Burton Campbell Kissell Sheldon 104 Van Zandt
PRESENT: 000
ABSENT WITH LEAVE: 013
Crump Davis 63 Dougherty Elliott Franklin
Gross Hegeman Liese Long Purgason
Shear Thompson 37 Williams 121
VACANCIES: 001
Speaker Gaw declared the bill passed.
On motion of Representative Murray, title to the bill was agreed to.
Representative O'Connor moved that the vote by which the bill passed be reconsidered.
Representative Reynolds moved that motion lay on the table.
The latter motion prevailed.
HCS SB 936, relating to sales & use tax, was taken up by Representative Bray.
Representative Bray offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for Senate Bill No. 936, Page 7, Section 144.010, Line 91
by inserting a comma "," after the word "property"; and
Further amend said bill, Page 8, Section 144.014, Line 13 by deleting the word "fifty" and
inserting in lieu thereof the word "eighty"; and
Further amend said substitute, Page 9, Section 144.030, Line 34 by inserting after the word
"steel" the words "or glass"; and
Further amend said substitute, Page 12, Section 144.030, Line 115 by inserting after the word
"by" the words "or on behalf of".
On motion of Representative Bray, House Amendment No. 1 was adopted.
Representative DeMarce offered House Amendment No. 2.
House Amendment No. 2
AMEND House Committee Substitute for Senate Bill No. 936, Page 16, Section 144.030, Line
280, by deleting the period at the end of said line and replacing it with a semicolon, and by
inserting at the end of said line the following:
"(42) Drainage pipe and tile to be used on agricultural land for purposes of soil and water
conservation.".
On motion of Representative DeMarce, House Amendment No. 2 was adopted.
Representative Farnen offered House Amendment No. 3.
House Amendment No. 3
AMEND House Committee Substitute for Senate Bill No. 936, Page 16, Section 144.030, Line
280 by inserting after said line the following:
"(42) All sales of textbooks, as defined by section 170.051, RSMo, when such textbook is
purchased for use by a student who possesses proof of current enrollment at any public or
private university, college or other postsecondary institution of higher learning offering a
course of study leading to a degree in the liberal arts, humanities or sciences or in a
professional, vocational or technical field.".
On motion of Representative Farnen, House Amendment No. 3 was adopted.
Representative Reynolds offered House Amendment No. 4.
House Amendment No. 4
AMEND House Committee Substitute for Senate Bill No. 936, Page 16, Section 144.030, Line
280, by inserting after said line the following:
"(42) All sales of equipment and other tangible personal property required to conduct
games of bowling in bowling alleys where sales tax is collected on the gross receipts of such
games.".
Representative Gratz offered House Substitute Amendment No. 1 for House Amendment
No. 4.
House Substitute Amendment No. 1
for
House Amendment No. 4
AMEND House Committee Substitute for Senate Bill No. 936, Page 16, Section 144.030, Line
280, by deleting the period "." at the end of said line and inserting in lieu thereof the following:
";
(42) All sales of machinery, equipment and other tangible personal property required to
conduct games of bowling in bowling alleys where sales tax is collected on the gross receipts
of such games.".
On motion of Representative Gratz, House Substitute Amendment No. 1 for House Amendment
No. 4 was adopted.
Representative O'Connor offered House Amendment No. 5.
House Amendment No. 5
AMEND House Committee Substitute for Senate Bill No. 936, Page 1, In the title, Line 2, by
inserting after the words "repeal sections" the figure "144.025,"; and
Further amend said bill, Page 1, In the title, Line 4, by deleting the word "eight" and inserting in
lieu thereof the word "nine"; and
Further amend said bill, Page 1, Section A, Line 1, by inserting immediately before the figure
"144.034," the figure "144.025,"; and
Further amend said bill, Page 1, Section A, Line 2, by deleting the word "eight" and inserting in
lieu thereof the word "nine"; and
Further amend said bill, Page 1, Section A, Line 3, by inserting after the figure "144.014," the
figure "144.025,"; and
Further amend said bill, Page 8, Section 144.014, Line 33, by inserting after all of said line the
following:
"144.025. 1. Notwithstanding any other provisions of law to the contrary, in any retail sale other
than retail sales governed by subsection [3] 4 of this section, where any article on which sales or
use tax due, if any, was paid, credited, satisfied or waived is taken in trade as a credit or part
payment on the purchase price of the article being sold, the tax imposed by sections 144.020 and
144.440 shall be computed only on that portion of the purchase price which exceeds the actual
allowance made for the article traded in or exchanged, if there is a bill of sale or other record
showing the actual allowance made for the article traded in or exchanged. Where the purchaser
of a motor vehicle, trailer, boat or outboard motor receives a rebate from the seller or
manufacturer, the tax imposed by sections 144.020 and 144.440 shall be computed only on that
portion of the purchase price which exceeds the amount of the rebate, if there is a bill of sale or
other record showing the actual rebate given by the seller or manufacturer. Where the trade-in or
exchange allowance plus any applicable rebate exceeds the purchase price of the purchased
article there shall be no sales or use tax owed. This section shall also apply to motor vehicles,
trailers, boats, and outboard motors sold by the owner or holder of a properly assigned
certificate of ownership if the seller purchases or contracts to purchase a [replacement]
subsequent motor vehicle, trailer, boat, or outboard motor within ninety days before or after the
date of the sale of the original article and a notarized bill of sale showing the paid sale price is
presented to the department of revenue at the time of licensing. A copy of the bill of sale shall be
left with the licensing office. Where the [new replacement] subsequent motor vehicle, trailer,
boat, or outboard motor is titled more than ninety days after the sale of the original motor
vehicle, trailer, boat, or outboard motor, the allowance pursuant to this section shall be made if
the person titling such article establishes that the purchase or contract to purchase was finalized
prior to the expiration of the ninety-day period.
2. As used in this section, the term "boat" includes all motorboats and vessels, as the terms
"motorboat" and "vessel" are defined in section 306.010, RSMo.
3. As used in this section, the term "motor vehicle" includes motor vehicles as defined in
section 301.010, RSMo, recreational vehicles as defined in section 700.010, RSMo, or a
combination of a truck as defined in section 301.010, RSMo, and a trailer as defined in
section 301.010, RSMo.
[3.] 4. The provisions of subsection 1 of this section shall not apply to retail sales of
manufactured homes in which the purchaser receives a document known as the "Manufacturer's
Statement of Origin" for purposes of obtaining a title to the manufactured home from the
department of revenue of this state or from the appropriate agency or officer of any other state.".
On motion of Representative O'Connor, House Amendment No. 5 was adopted.
Representative Thomason (163) offered House Amendment No. 6.
House Amendment No. 6
AMEND House Committee Substitute for Senate Bill No. 936, Page 1, In the Title, Line 2, by
deleting the word and number "and 144.655" and inserting in lieu thereof the following: ",
144.655 and 260.285"; and
Further amend said bill, Page 1, In the Title, Line 4, by deleting the word "eight" and inserting in
lieu thereof the word "nine"; and
Further amend said bill, Page 1, Section A, Line 1, by deleting the word and number "and
144.655" and inserting in lieu thereof the following: ", 144.655 and 260.285"; and
Further amend said bill, Page 1, Section A, Line 2, by deleting the word "eight" and inserting in
lieu thereof the word "nine"; and
Further amend said bill, Page 1, Section A, Line 4, by inserting after the number "144.655" the
following: ", 260.285"; and
Further amend said bill, Page 19, Section 144.655, Line 48, by inserting after all of said line the
following:
"260.285. 1. Any manufacturer engaged in this state in production of a meat or poultry food
product intended for human consumption that is recycling flexible cellulose casing manufactured
from cotton linters used and consumed directly in the production of such food product shall be
eligible for a credit as defined in subsection 2 of this section.
2. The credit authorized in subsection 1 shall be equal to the amount of state sales or use taxes
paid by a manufacturer to a retailer on such packaging material which is subsequently recycled
by either the manufacturer or other person or entity to which the manufacturer conveys such
packaging materials, less any consideration received by the manufacturer for such conveyance.
3. A manufacturer shall claim the refund in the month following the month in which the material
has been recycled or conveyed for recycling. When claiming a credit [under] pursuant to this
section, a manufacturer shall provide a detailed accounting of the amount of packaging material
recycled, amount of sales or use tax paid on such material, an affidavit attesting that the
manufacturer is eligible [under] pursuant to the provisions of this section for the credit being
claimed and any other documentation determined necessary by the director of the department of
revenue. The director shall refund any valid credit claims within sixty days of receipt. If the
director determines that a fraudulent claim for the credit has been filed, the director may assess a
penalty in an amount not to exceed twice the amount of fraudulent credits claimed.
4. Payment of credits authorized by this section shall not alter the liability of a retailer regarding
sales tax on such material. Credits authorized by this section shall be paid from funds
appropriated for the refund of taxes.
5. This section shall become effective October 1, 1991. [This section shall expire October 1,
2001.]".
On motion of Representative Thomason (163), House Amendment No. 6 was adopted.
Representative Gunn offered House Amendment No. 7.
House Amendment No. 7
AMEND House Committee Substitute for Senate Bill No. 936, Page 19, Section 1, Line 14, by
inserting after said line the following:
"Section 2. Notwithstanding other provisions of law to the contrary, beginning on
September 1, 1998, and terminating on August 31, 1999, there shall be no tax levied and
imposed pursuant to sections 144.010 to 144.525, RSMo, or sections 144.600 to 144.746,
RSMo, and there shall be no computation of the tax levied, assessed or payable pursuant to
sections 144.010 to 144.525, RSMo, or sections 144.600 to 144.746, RSMo, on purchases of
all clothing, including footwear but excluding jewelry, which is intended to be worn on a
person if any such article of clothing purchased has a retail value of less than five hundred
dollars. Clothing includes cloth or material made of natural or synthetic fibers which is
worn on a person as clothing. The provisions of this section shall not apply to the local
sales tax law, as defined in section 32.085, RSMo, or to section 67.665 to 67.667, RSMo,
sections 67.671 to 67.685, RSMo, sections 67.1000 to 67.1012, RSMo, sections 92.325 to
92.340, RSMo, section 94.660, RSMo, sections 94.800 to 94.825, RSMo, section 94.830,
RSMo, sections 94.850 to 94.857, RSMo, sections 94.870 to 94.881, RSMo, section 94.890,
RSMo, sections 190.335 to 190.337, RSMo, section 238.235, RSMo, section 238.410, RSMo,
section 321.242, RSMo, section 573.505, RSMo, or section 644.032, RSMo, or to the
computation of the tax levied, assessed or payable pursuant to such sections."; and
Further amend said bill by amending the title and enacting clause accordingly.
On motion of Representative Gunn, House Amendment No. 7 was adopted.
Representative Smith offered House Amendment No. 8.
House Amendment No. 8
AMEND House Committee Substitute for Senate Bill No. 936, Page 2, Section 67.1300, Line 38,
by deleting the words "sixteen thousand" and inserting in lieu thereof the words "fifteen
thousand nine hundred".
On motion of Representative Smith, House Amendment No. 8 was adopted.
Representative Auer offered House Amendment No. 9.
House Amendment No. 9
AMEND House Committee Substitute for Senate Bill No. 936, Page 12, Section 144.030, Line
114, by inserting after the word "oxygen," the following: home respiratory equipment and
accessories, hospital beds and accessories and ambulatory aides,".
On motion of Representative Auer, House Amendment No. 9 was adopted.
Representative Griesheimer offered House Amendment No. 10.
House Amendment No. 10
AMEND House Committee Substitute for Senate Bill No. 936, Page 16, Section 144.030, Line
280, by inserting after said line the following:
"(42) Newspapers produced for and sold to an entity which distributes such newspapers to
the general public at no charge."
On motion of Representative Griesheimer, House Amendment No. 10 was adopted.
Representative Kreider offered House Amendment No. 11.
Representative Bray raised a point of order that House Amendment No. 11 goes beyond the
scope of the bill.
The Chair ruled the point of order will taken.
Representative Van Zandt offered House Amendment No. 11.
House Amendment No. 11
AMEND House Committee Substitute for Senate Bill No. 936, Page 8, Section 144.014, Line 33
by inserting after said line the following:
"144.025. 1. Notwithstanding any other provisions of law to the contrary, in any retail sale other
than retail sales governed by subsection [3] 4 of this section, where any article on which sales or
use tax due, if any, was paid, credited, satisfied or waived is taken in trade as a credit or part
payment on the purchase price of the article being sold, the tax imposed by sections 144.020 and
144.440 shall be computed only on that portion of the purchase price which exceeds the actual
allowance made for the article traded in or exchanged, if there is a bill of sale or other record
showing the actual allowance made for the article traded in or exchanged. For the purpose of
determining sales or use tax liability, a purchaser of a motor vehicle, trailer, boat or
outboard motor shall not be allowed to deduct from the purchase price of the motor
vehicle, trailer, boat or outboard motor the actual allowance of any article other than a
motor vehicle, trailer, boat or outboard motor traded or exchanged as a credit or partial
payment for such item. The department of revenue shall assume all sales and use tax due,
if any, have been properly paid, credited, satisfied or waived, including the sales or use tax
due, if any, on motor vehicles, trailers, boats or outboard motors which have a valid
certificate of ownership from any state, unless the department has good reason to believe
otherwise. Where the purchaser of a motor vehicle, trailer, boat or outboard motor receives a
rebate from the seller or manufacturer, the tax imposed by sections 144.020 and 144.440 shall be
computed only on that portion of the purchase price which exceeds the amount of the rebate, if
there is a bill of sale or other record showing the actual rebate given by the seller or
manufacturer. Where the trade-in or exchange allowance plus any applicable rebate exceeds the
purchase price of the purchased article there shall be no sales or use tax owed. This section shall
also apply to motor vehicles, trailers, boats, and outboard motors sold by the owner or holder of
a properly assigned certificate of ownership if the seller purchases or contracts to purchase a
[replacement] subsequent motor vehicle, trailer, boat, or outboard motor within ninety days
before or after the date of the sale of the original article and a notarized bill of sale showing the
paid sale price is presented to the department of revenue at the time of licensing. A copy of the
bill of sale shall be left with the licensing office. Where the [new replacement] subsequent
motor vehicle, trailer, boat, or outboard motor is titled more than ninety days after the sale of the
original motor vehicle, trailer, boat, or outboard motor, the allowance pursuant to this section
shall be made if the person titling such article establishes that the purchase or contract to
purchase was finalized prior to the expiration of the ninety-day period.
2. As used in this section, the term "boat" includes all motorboats and vessels, as the terms
"motorboat" and "vessel" are defined in section 306.010, RSMo.
3. As used in this section, the term "motor vehicle" includes motor vehicles as defined in
section 301.010, RSMo, recreational vehicles as defined in section 700.010, RSMo, or a
combination of a truck as defined in section 301.010, RSMo, and a trailer as defined in
section 301.010, RSMo.
[3.] 4. The provisions of subsection 1 of this section shall not apply to retail sales of
manufactured homes in which the purchaser receives a document known as the "Manufacturer's
Statement of Origin" for purposes of obtaining a title to the manufactured home from the
department of revenue of this state or from the appropriate agency or officer of any other state.";
and
Further amend the title and enacting clause accordingly.
Representative Scott offered House Substitute Amendment No. 1 for House Amendment
No. 11.
House Substitute Amendment No. 1
for
House Amendment No. 11
AMEND House Committee Substitute for Senate Bill No. 936, Page 8, Line 33, by inserting
immediately after said line the following:
"144.025. 1. Notwithstanding any other provisions of law to the contrary, in any retail sale other
than retail sales governed by subsection 3 of this section, where any article is taken in trade as a
credit or part payment on the purchase price of the article being sold, the tax imposed by sections
144.020 and 144.440 shall be computed only on that portion of the purchase price which exceeds
the actual allowance made for the article traded in or exchanged, if there is a bill of sale or other
record showing the actual allowance made for the article traded in or exchanged. Where the
purchaser of a motor vehicle, trailer, boat or outboard motor receives a rebate from the seller or
manufacturer, the tax imposed by sections 144.020 and 144.440 shall be computed only on that
portion of the purchase price which exceeds the amount of the rebate, if there is a bill of sale or
other record showing the actual rebate given by the seller or manufacturer. Where the trade-in or
exchange allowance plus any applicable rebate exceeds the purchase price of the purchased
article there shall be no sales or use tax owed. This section shall also apply to motor vehicles,
trailers, boats, and outboard motors sold by the owner if the seller purchases or contracts to
purchase a replacement motor vehicle, trailer, boat, or outboard motor within [ninety] one
hundred eighty days before or after the date of the sale of the original article and a notarized bill
of sale showing the paid sale price is presented to the department of revenue at the time of
licensing. A copy of the bill of sale shall be left with the licensing office. Where the new
replacement motor vehicle, trailer, boat, or outboard motor is titled more than [ninety] one
hundred eighty days after the sale of the original motor vehicle, trailer, boat, or outboard motor,
the allowance pursuant to this section shall be made if the person titling such article establishes
that the purchase or contract to purchase was finalized prior to the expiration of the [ninety-day]
one hundred eighty-day period.
2. As used in this section, the term "boat" includes all motorboats and vessels, as the terms
"motorboat" and "vessel" are defined in section 306.010, RSMo.
3. As used in this section, the term "motor vehicle" includes motor vehicles as defined in section
301.010, RSMo, recreational vehicles as defined in section 700.010, RSMo, or a combination of
a truck as defined in section 301.010, RSMo, and a trailer as defined in section 301.010, RSMo.
4. The provisions of subsection 1 of this section shall not apply to retail sales of manufactured
homes in which the purchaser receives a document known as the "Manufacturer's Statement of
Origin" for purposes of obtaining a title to the manufactured home from the department of
revenue of this state or from the appropriate agency or officer of any other state."; and
144.027. 1. When a motor vehicle, trailer, boat or outboard motor for which all sales or use tax
has been paid is replaced due to theft or a casualty loss in excess of the value of the unit, the
director shall permit the amount of the insurance proceeds plus any owner's deductible
obligation, as certified by the insurance company, to be a credit against the purchase price of
another motor vehicle, trailer, boat or outboard motor which is purchased or is contracted to
purchase within [ninety] one hundred eighty days of the date of payment by the insurance
company as a replacement motor vehicle, trailer, boat or outboard motor. As used in this section,
the term "boat" includes all motorboats and vessels, as the terms "motorboat" and "vessel" are
defined in section 306.010, RSMo.
2. If the owner of a motor vehicle, trailer, boat or outboard motor as described in subsection 1 of
this section does not have insurance coverage for the motor vehicle, trailer, boat or outboard
motor, the director shall permit the fair market value of the motor vehicle, trailer, boat or
outboard motor as determined by the Kelly Blue Book, NADA Used Car Guide, Abos Blue Book
or the average of two appraisals from licensed motor vehicle or boat dealers to be a credit against
the purchase price of a replacement motor vehicle, trailer, boat or outboard motor which is
purchased or is contracted to purchase within [ninety] one hundred eighty days of the date of
such loss as certified by a law enforcement agency or such other evidence as the director may
require as proof of the date of loss of the motor vehicle, trailer, boat or outboard motor.
And amend the title and enacting clause accordingly.
On motion of Representative Scott, House Substitute Amendment No. 1 for House Amendment
No. 11 was adopted.
Representative Hosmer offered House Amendment No. 12.
House Amendment No. 12
AMEND House Committee Substitute for Senate Bill No. 936, Page 1, In the Title, Line 3, by
deleting the word and number "and 144.030"; and
Further amend said bill, Page 1, In the Title, Line 4, by deleting the word "eight" and inserting in
lieu thereof the word "nine"; and
Further amend said bill, Page 1, Section A, Line 2, by deleting all of said line and inserting in
lieu thereof the following: "144.010, 144.015, 144.030 and 321.242, RSMo Supp. 1997, are
repealed and nine new sections enacted"; and
Further amend said bill, Page 1, Section A, Line 4, by inserting after the number "144.655" the
following: ", 321.242"; and
Further amend said bill, page 19, Section 144.655, Line 48, by inserting after all of said line the
following:
"321.242. 1. The governing body of any fire protection district [which operates within and has
boundaries identical to a city with a population of at least thirty thousand but not more than
thirty-five thousand inhabitants which is located in a county of the first classification, excluding a
county of the first classification having a population in excess of nine hundred thousand,] or the
governing body of any municipality having a municipal fire department may impose a sales
tax in an amount of up to one-fourth of one percent on all retail sales made in such fire protection
district or municipality which are subject to taxation [under] pursuant to the provisions of
sections 144.010 to 144.525, RSMo. The tax authorized by this section shall be in addition to
any and all other sales taxes allowed by law, except that no sales tax imposed [under] pursuant
to the provisions of this section shall be effective unless the governing body of the fire protection
district or municipality submits to the voters of [the] such fire protection district or
municipality, at a county or state general, primary or special election, a proposal to authorize the
governing body of the fire protection district or municipality to impose a tax.
2. The ballot of submission shall contain, but need not be limited to, the following language:
Shall [the fire protection district of] .................. [(district's name)] (insert name of district or
municipality) impose a [district-wide] sales tax of ............. (insert rate of tax) for the purpose
of providing revenues for the operation of the ............... (insert fire protection district or
municipal fire department)?
[ ] Yes [ ] No
If a majority of the votes cast on the proposal by the qualified voters voting thereon are in favor
of the proposal, then the sales tax authorized in this section shall be in effect. If a majority of the
votes cast by the qualified voters voting are opposed to the proposal, then the governing body of
the fire protection district or municipality shall not impose the sales tax authorized in this
section unless and until the governing body of [the] such fire protection district or municipality
resubmits a proposal to authorize the governing body of the fire protection district or
municipality to impose the sales tax authorized by this section and such proposal is approved by
a majority of the qualified voters voting thereon.
3. All revenue received by a fire protection district or municipality from the tax authorized
[under] pursuant to the provisions of this section shall be deposited in a special trust fund and
shall be used solely for the operation of the fire protection district or the municipal fire
department.
4. All sales taxes collected by the director of revenue [under] pursuant to this section on behalf
of any fire protection district or municipality, less one percent for cost of collection which shall
be deposited in the state's general revenue fund after payment of premiums for surety bonds as
provided in section 32.087, RSMo, shall be deposited in a special trust fund, which is hereby
created, to be known as the "Fire Protection [District] Sales Tax Trust Fund". Any moneys in
the fire protection district sales tax trust fund created prior to the effective date of this
section shall be transferred to the fire protection sales tax trust fund. The moneys in the fire
protection [district] sales tax trust fund shall not be deemed to be state funds and shall not be
commingled with any funds of the state. The director of revenue shall keep accurate records of
the amount of money in the trust fund and [which was] of the amounts which were collected in
each fire protection district or municipality imposing a sales tax [under] pursuant to this
section, and the records shall be open to the inspection of officers of the fire protection district or
municipality and the public. Not later than the tenth day of each month, the director of revenue
shall distribute all moneys deposited in the trust fund during the preceding month to the fire
protection district or municipality which levied the tax. Such funds shall be deposited with the
treasurer of each such fire protection district or municipality, and all expenditures of funds
arising from the fire protection [district] sales tax trust fund shall be for the operation of the fire
protection district or the municipal fire department and for no other purpose.
5. The director of revenue may authorize the state treasurer to make refunds from the amounts in
the trust fund and credited to any fire protection district or municipality for erroneous payments
and overpayments made and may redeem dishonored checks and drafts deposited to the credit of
such fire protection districts or municipalities. If any fire protection district or municipality
abolishes the tax, the fire protection district or municipality shall notify the director of revenue of
the action at least ninety days prior to the effective date of the repeal and the director of revenue
may order retention in the trust fund, for a period of one year, of two percent of the amount
collected after receipt of such notice to cover possible refunds or overpayment of the tax and to
redeem dishonored checks and drafts deposited to the credit of such accounts. After one year has
elapsed after the effective date of abolition of the tax in such fire protection district or
municipality, the director of revenue shall remit the balance in the account to the fire protection
district or municipality and close the account of that fire protection district or municipality.
The director of revenue shall notify each fire protection district or municipality of each instance
of any amount refunded or any check redeemed from receipts due the fire protection district or
municipality. In the event a tax within a fire protection district is approved [under] pursuant to
this section, and such fire protection district is dissolved, since the boundaries of the fire
protection district are identical to that of the city, the tax shall continue and proceeds shall be
distributed to the governing body of the city formerly containing the fire protection district and
the proceeds of the tax shall be used for fire protection services within such city.
6. Except as modified in this section, all provisions of sections 32.085 and 32.087, RSMo, shall
apply to the tax imposed [under] pursuant to this section.".
On motion of Representative Hosmer, House Amendment No. 12 was adopted.
Representative Elliott offered House Amendment No. 13.
House Amendment No. 13
AMEND House Committee Substitute for Senate Bill No. 936, Page 16, Section 144.030, Line
280, by deleting the period "." at the end of said line and inserting in lieu thereof the following:
";
(42) All sales of computers and computer-related equipment purchased for use by
businesses who transport new class 6, 7 and 8 commercial vehicles.".
On motion of Representative Elliott, House Amendment No. 13 was adopted.
Representative Kauffman offered House Amendment No. 14.
House Amendment No. 14
AMEND House Committee Substitute for Senate Bill No. 936, Page 15, Section 144.030, Lines
241 & 242, by inserting after the word "mandate" the following: "."; and
further amend said bill, Page 15, Section 144.030, Line 242, by deleting the following "or
technological change".
On motion of Representative Kauffman, House Amendment No. 14 was adopted.
Representative Ransdall offered House Amendment No. 15.
House Amendment No. 15
AMEND House Committee Substitute for Senate Bill No. 936, Page 15, Section 144.030.2.(33),
Line 227, by inserting immediately after the word "crops," the following: "aquaculture,".
On motion of Representative Ransdall, House Amendment No. 15 was adopted.
Representative Hendrickson offered House Amendment No. 16.
House Amendment No. 16
AMEND House Committee Substitute for Senate Bill No. 936, Page 16, Section 144.030, Line
255, by inserting after said line the following:
"(39) All sales of coffins, caskets, burial cases and burial vaults; and renumbering all the
following sections".
On motion of Representative Hendrickson, House Amendment No. 16 was adopted.
Representative Naeger offered House Amendment No. 17.
House Amendment No. 17
AMEND House Committee Substitute for Senate Bill No. 936, Page 12, Section 144.030, Line
119, by inserting after the word disabilities; other durable medical equipment (DME) that is
purchased as a result of a physicians order.
On motion of Representative Naeger, House Amendment No. 17 was adopted.
Representative Levin offered House Amendment No. 18.
House Amendment No. 18
AMEND House Committee Substitute for Senate Bill No. 936, Page 12, Section 144.030, Line
119, by inserting after the word "disabilities" the words "or over-the-counter or non-prescription drugs".
On motion of Representative Levin, House Amendment No. 18 was adopted.
Representative Shields offered House Amendment No. 19.
House Amendment No. 19
AMEND House Committee Substitute for Senate Bill No. 936, Page 19, Section 1, Line 14, by
inserting after all of said line the following:
"Section 2. In addition to the exemptions granted under the provisions of section 144.030,
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, and from the computation of the tax levied, assessed or payable
under 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, purchases of any item of tangible
personal property which is, within one year of such purchase, donated without charge to
the state of Missouri. The exemption prescribed in this section includes purchases of all
items of tangible personal property converted into an item donated as a gift to the state of
Missouri."; and
Further amend the title and enacting clause accordingly.
On motion of Representative Shields, House Amendment No. 19 was adopted.
Representative Levin offered House Amendment No. 20.
House Amendment No. 20
AMEND House Committee Substitute for Senate Bill No. 936, Page 19, Section 1, line 14, by
inserting after said line the following:
"Section 2. No state or local sales and use taxes shall be levied on the transfer of a motor
vehicle between persons related within the first degree of consanguinity or affinity."; and
Further amend the title and enacting clause accordingly.
Representative Levin moved that House Amendment No. 20 be adopted.
Which motion was defeated.
Representative Marble offered House Amendment No. 21.
House Amendment No. 21
AMEND House Committee Substitute for Senate Bill No. 936, Page 13, Section 144.014, Line
152, by inserting after the word "tractors" the following: ", mechanized post hole diggers,".
On motion of Representative Marble, House Amendment No. 21 was adopted.
On motion of Representative Bray, HCS SB 936, as amended, was adopted.
On motion of Representative Bray, HCS SB 936, as amended, was read the third time and
passed by the following vote:
AYES: 155
Akin Alter Auer Backer Ballard
Barnett Barry 100 Bartelsmeyer Bartlett Bauer
Bennett Berkstresser Bland Boatright Bonner
Boucher Bray 84 Broach Burton Campbell
Carter Champion Chrismer Cierpiot Clayton
Cooper Copeland Crawford Crump Daniel 42
Daniels 41 Davis 122 Davis 63 Days DeMarce
Dolan Donovan Dougherty Edwards-Pavia Elliott
Enz Evans Farnen Fitzwater Foley
Foster Franklin Fritts Froelker Gaskill
Gaston Gibbons Graham 106 Graham 24 Gratz
Green Griesheimer Gross Gunn Hagan-Harrell
Hall Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hickey Hilgemann Hohulin
Holand Hollingsworth Hoppe Hosmer Howerton
Johnson Kasten Kauffman Kelley 47 Kelly 27
Kennedy Kissell Klindt Koller Kreider
Lakin Lawson Leake Legan Levin
Linton Lograsso Long Loudon Luetkenhaus
Marble May 108 Mays 50 McBride McClelland
McLuckie Merideth Miller Monaco Murphy
Murray Naeger O'Connor O'Toole Ostmann
Overschmidt Parker Patek Pouche Pryor
Purgason Ransdall Reinhart Relford Reynolds
Richardson Ridgeway Rizzo Robirds Ross
Sallee Scheve Schilling Schwab Scott
Secrest Seigfreid Shelton 57 Shields Skaggs
Smith Steen Stokan Stoll Stroker
Summers Surface Thompson 37 Thompson 72 Townley
Treadway Troupe Van Zandt Vogel Wiggins
Williams 121 Williams 159 Wilson Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 007
Ford Liese Nordwald Shear Sheldon 104
Thomason 163 Wannenmacher
VACANCIES: 001
Speaker Gaw declared the bill passed.
On motion of Representative Monaco, title to the bill was agreed to.
Representative Parker moved that the vote by which the bill passed be reconsidered.
Representative Johnson moved that motion lay on the table.
The latter motion prevailed.
HCS SB 619, relating to motor fuel tax, was taken up by Representative Stoll.
Representative Stoll offered HS HCS SB 619.
Representative Marble offered House Amendment No. 1.
House Amendment No. 1
AMEND House Substitute for House Committee Substitute for Senate Bill No. 619, Page 1, In
the Title, Line 19 of said page, by deleting the word and number "and 414.415" and inserting in
lieu thereof the following: ", 414.415 and 643.310"; and
Further amend said bill, Page 1, In the Title, Line 21 of said page, by deleting the word "sixty-four" and inserting in lieu thereof the word "sixty-five"; and
Further amend said bill, Page 2, Section A, Line 12 of said page, by deleting the word and
number "and 414.415" and inserting in lieu thereof the following: ", 414.415 and 643.310"; and
Further amend said bill, Page 2, Section A, Line 13 of said page, by deleting the word "sixty-four" and inserting in lieu thereof the word "sixty-five"; and
Further amend said bill, Page 3, Section A, Line 1 of said page, by deleting the word "and"; and
Further amend said bill, Page 3, Section A, Line 2 of said page, by deleting the number
"414.415" and inserting in lieu thereof the following: ", 414.415 and 643.310"; and
Further amend said bill, Page 126, Section 414.415, Line 21 of said page, by inserting after all of
said line the following:
"643.310. 1. The commission may, by rule, establish a motor vehicle emissions inspection
program under sections 643.300 to 643.355 for any portion of a nonattainment area located
within the area described in subsection 1 of section 643.305, except for any portion of the
nonattainment area which is located in a county of the first classification without a charter form
of government with a population of less than one hundred thousand inhabitants according to the
most recent decennial census, if the commission determines that such motor vehicle emissions
inspection program is necessary in that area to comply with the requirements of subsection 1 of
section 643.305[, except that no motor vehicle emission inspection program shall be established
under this section in any area for which the sale or dispensing of conventional gasoline for use in
motor vehicles is prohibited under the federal Clean Air Act, as amended, 42 U.S.C. 7545]. The
commission shall ensure that, for each nonattainment area, the state implementation plan
established under subsection 1 of section 643.305 incorporates and receives all applicable credits
allowed by the United States Environmental Protection Agency for emission reduction programs
in other nonattainment areas of like designation in other states. The commission shall ensure that
emission reduction amounts established under subsection 2 of section 643.305 shall be consistent
with and not exceed the emissions reduction amounts required by the United States
Environmental Protection Agency for other nonattainment areas of like designation in other
states. No motor vehicle emissions inspection program shall be required to comply with
subsection 1 of section 643.305 unless the plan established thereunder takes full advantage of any
changes in requirements or any agreements made or entered into by the United States
Environmental Protection Agency and any entity or entities on behalf of a nonattainment area
concerning compliance with National Ambient Air Quality Standards of the federal Clean Air
Act, as amended, 42 U.S.C. 7401 et seq., and the regulations promulgated thereunder. The air
conservation commission shall request and it shall be the duty of the attorney general to bring, in
a court of competent jurisdiction, an action challenging the authority of the United States
Environmental Protection Agency to impose sanctions for failure to attain National Ambient Air
Quality Standards and failure to provide for required emission reductions under the federal Clean
Air Act, as amended, 42 U.S.C. 7401, et seq. The action shall seek to define the required
emission reductions and the credits allowed for current and planned emission reductions
measures. The air conservation commission shall request and it shall be the duty of the attorney
general to bring an action to obtain injunctive relief to enjoin and restrain the imposition of
sanctions on the state of Missouri under the federal Clean Air Act, as amended, 42 U.S.C. 7401,
et seq., until all actions initiated under this section have been decided. Provisions of section
307.366, RSMo, to the contrary notwithstanding, the requirements of sections 643.300 to
643.355 shall apply to those areas designated by the commission under this section in lieu of the
provisions of section 307.366, RSMo.
2. The department shall contract with one or more persons to provide any motor vehicle
emissions inspection program established under sections 643.300 to 643.355.
3. The department may purchase the motor vehicle emissions inspection facilities pursuant to
appropriations specifically provided for that purpose. The department may lease, sublease or
license the facilities to the contractor or contractors for the purpose of fulfilling the obligations of
the contract for the motor vehicle emissions inspection program.
4. The inspection program shall satisfy the following criteria:
(1) There shall be an adequate number of stations to ensure that no more than twenty percent of
all persons residing in an affected nonattainment area reside farther than five miles from the
nearest inspection station, and consideration shall be given to employment, locations and
commuting patterns when selecting the locations of the stations;
(2) There shall be an adequate number of inspection lanes at each facility so that no more than
five percent of all persons having an inspection are required to wait more than fifteen minutes
before the inspection begins;
(3) The days and daily hours of operation shall include at least those hours specified by the
department, which shall include, at a minimum, twelve continuous hours of operation on all
weekdays excepting federal holidays, and six continuous hours of operation on all Saturdays
excepting federal holidays;
(4) The emissions inspection program shall include a simulated on-road emissions inspection
component, including pressure and purge tests, which satisfies the requirements established by
regulation of the United States Environmental Protection Agency and may include a visual
inspection component;
(5) The inspection stations shall be test-only stations and shall not offer motor vehicle emissions
repairs, parts or services of any kind;
(6) No person operating or employed by an emissions inspection station shall repair or maintain
motor vehicle emission systems or pollution control devices for compensation of any kind.
5. The commission, the department of economic development and the office of administration
shall, in cooperation with the minority business advocacy commission, select the contractor or
contractors to provide an inspection program which satisfies the minimum requirements of this
section in accordance with the requirements of section 33.752, RSMo, and chapter 34, RSMo.
The commission, the office of administration and the department of economic development, in
cooperation with the minority business advocacy commission shall ensure adequate minority
business participation in the selection of the contractor or contractors to provide an inspection
program under this section. The commission, the office of administration and the department of
economic development shall ensure adequate participation of Missouri businesses in the
selection of the contractor or contractors to provide an inspection program under this section.
6. With approval of the commission and under rules adopted by the commission, an organization
whose members are motor vehicle dealers or leasing companies may establish one or more
additional emissions inspection facilities, which may be either mobile or stationary, to be used
solely to inspect motor vehicles owned and held for sale or lease by the members of the
organization. With approval of the commission and under rules adopted by the commission, any
person operating a fleet of five hundred or more motor vehicles may establish one or more
additional emissions inspection facilities, which may be either mobile or stationary, to be used
solely to inspect motor vehicles owned or leased and operated by the person establishing the
facility. The inspections performed in facilities established under this subsection shall be
performed by a contractor selected by the commission under this section and the contractor
performing such inspections shall be responsible solely to the department and shall satisfy all
applicable requirements of sections 643.300 to 643.355.
7. Any person who owns Missouri analyzer system emission inspection equipment as defined by
rule, used to provide emissions inspections under section 307.366, RSMo, at a facility located in
an area in which an emissions inspection program has been established under sections 643.300 to
643.355 may, within twelve months of the implementation of an emissions inspection program
under sections 643.300 to 643.355, sell such equipment, to the department of natural resources at
current market value as established by an independent appraisal provided that the equipment is
fully functional and has been maintained according to all applicable manufacturer's specifications
and procedures. The department shall purchase such equipment using funds appropriated for that
purpose from the Missouri air emission reduction fund. Any person who, prior to January 1,
1992, contracted to lease or lease purchase, or purchased by borrowing a portion of the funds
secured by a chattel mortgage, Missouri Analyzer System emission inspection equipment used to
provide emissions inspections under section 307.366, RSMo, at a facility located in an area in
which an emissions inspection program has been established under sections 643.300 to 643.355,
and has made all payments required under the contract, may, within twelve months of the
implementation of an emissions inspection program under sections 643.300 to 643.355, request
the department of natural resources to take possession of such equipment and assume all payment
obligations owed on such equipment which obligations are not in excess of one hundred and
twenty-five percent of the current market value as established by an independent appraisal,
provided that the equipment is fully functional and has been maintained according to all
applicable manufacturer's specifications and procedures. The department shall take possession of
such equipment and pay such obligations using funds appropriated for that purpose from the
Missouri air emission reduction fund.".
Representative Edwards-Pavia 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 Senate Bill No. 619, Page 1, In
the Title, Line 19 of said page, by deleting the word and number "and 414.415" and inserting in
lieu thereof the following: ", 414.415 and 643.310"; and
Further amend said bill, Page 1, In the Title, Line 21 of said page, by deleting the word "sixty-four" and inserting in lieu thereof the word "sixty-five"; and
Further amend said bill, Page 2, Section A, Line 12 of said page, by deleting the word and
number "and 414.415" and inserting in lieu thereof the following: ", 414.415 and 643.310"; and
Further amend said bill, Page 2, Section A, Line 13 of said page, by deleting the word "sixty-four" and inserting in lieu thereof the word "sixty-five"; and
Further amend said bill, Page 3, Section A, Line 1 of said page, by deleting the word "and"; and
Further amend said bill, Page 3, Section A, Line 2 of said page, by deleting the number
"414.415" and inserting in lieu thereof the following: ", 414.415 and 643.310"; and
Further amend said bill, Page 126, Section 414.415, Line 21 of said page, by inserting after all of
said line the following:
"643.310. 1. The commission may, by rule, establish a motor vehicle emissions inspection
program under sections 643.300 to 643.355 for any portion of a nonattainment area located
within the area described in subsection 1 of section 643.305, except for any portion of the
nonattainment area which is located in a county of the first classification without a charter form
of government with a population of less than one hundred thousand inhabitants according to the
most recent decennial census, if the commission determines that such motor vehicle emissions
inspection program is necessary in that area to comply with the requirements of subsection 1 of
section 643.305[, except that no motor vehicle emission inspection program shall be established
under this section in any area for which the sale or dispensing of conventional gasoline for use in
motor vehicles is prohibited under the federal Clean Air Act, as amended, 42 U.S.C. 7545]. The
commission shall ensure that, for each nonattainment area, the state implementation plan
established under subsection 1 of section 643.305 incorporates and receives all applicable credits
allowed by the United States Environmental Protection Agency for emission reduction programs
in other nonattainment areas of like designation in other states. The commission shall ensure that
emission reduction amounts established under subsection 2 of section 643.305 shall be consistent
with and not exceed the emissions reduction amounts required by the United States
Environmental Protection Agency for other nonattainment areas of like designation in other
states. No motor vehicle emissions inspection program shall be required to comply with
subsection 1 of section 643.305 unless the plan established thereunder takes full advantage of any
changes in requirements or any agreements made or entered into by the United States
Environmental Protection Agency and any entity or entities on behalf of a nonattainment area
concerning compliance with National Ambient Air Quality Standards of the federal Clean Air
Act, as amended, 42 U.S.C. 7401 et seq., and the regulations promulgated thereunder. The air
conservation commission shall request and it shall be the duty of the attorney general to bring, in
a court of competent jurisdiction, an action challenging the authority of the United States
Environmental Protection Agency to impose sanctions for failure to attain National Ambient Air
Quality Standards and failure to provide for required emission reductions under the federal Clean
Air Act, as amended, 42 U.S.C. 7401, et seq. The action shall seek to define the required
emission reductions and the credits allowed for current and planned emission reductions
measures. The air conservation commission shall request and it shall be the duty of the attorney
general to bring an action to obtain injunctive relief to enjoin and restrain the imposition of
sanctions on the state of Missouri under the federal Clean Air Act, as amended, 42 U.S.C. 7401,
et seq., until all actions initiated under this section have been decided. Provisions of section
307.366, RSMo, to the contrary notwithstanding, the requirements of sections 643.300 to
643.355 shall apply to those areas designated by the commission under this section in lieu of the
provisions of section 307.366, RSMo.
2. The department shall contract with one or more persons to provide any motor vehicle
emissions inspection program established under sections 643.300 to 643.355.
3. The department may purchase the motor vehicle emissions inspection facilities pursuant to
appropriations specifically provided for that purpose. The department may lease, sublease or
license the facilities to the contractor or contractors for the purpose of fulfilling the obligations of
the contract for the motor vehicle emissions inspection program.
4. The inspection program shall satisfy the following criteria:
(1) There shall be an adequate number of stations to ensure that no more than twenty percent of
all persons residing in an affected nonattainment area reside farther than five miles from the
nearest inspection station, and consideration shall be given to employment, locations and
commuting patterns when selecting the locations of the stations;
(2) There shall be an adequate number of inspection lanes at each facility so that no more than
five percent of all persons having an inspection are required to wait more than fifteen minutes
before the inspection begins;
(3) The days and daily hours of operation shall include at least those hours specified by the
department, which shall include, at a minimum, twelve continuous hours of operation on all
weekdays excepting federal holidays, and six continuous hours of operation on all Saturdays
excepting federal holidays;
(4) The emissions inspection program shall include a simulated on-road emissions inspection
component, including pressure and purge tests, which satisfies the requirements established by
regulation of the United States Environmental Protection Agency and may include a visual
inspection component;
(5) The inspection stations shall be test-only stations and shall not offer motor vehicle emissions
repairs, parts or services of any kind;
(6) No person operating or employed by an emissions inspection station shall repair or maintain
motor vehicle emission systems or pollution control devices for compensation of any kind.
5. The commission, the department of economic development and the office of administration
shall, in cooperation with the minority business advocacy commission, select the contractor or
contractors to provide an inspection program which satisfies the minimum requirements of this
section in accordance with the requirements of section 33.752, RSMo, and chapter 34, RSMo.
The commission, the office of administration and the department of economic development, in
cooperation with the minority business advocacy commission shall ensure adequate minority
business participation in the selection of the contractor or contractors to provide an inspection
program under this section. The commission, the office of administration and the department of
economic development shall ensure adequate participation of Missouri businesses in the
selection of the contractor or contractors to provide an inspection program under this section.
6. With approval of the commission and under rules adopted by the commission, an organization
whose members are motor vehicle dealers or leasing companies may establish one or more
additional emissions inspection facilities, which may be either mobile or stationary, to be used
solely to inspect motor vehicles owned and held for sale or lease by the members of the
organization. With approval of the commission and under rules adopted by the commission, any
person operating a fleet of five hundred or more motor vehicles may establish one or more
additional emissions inspection facilities, which may be either mobile or stationary, to be used
solely to inspect motor vehicles owned or leased and operated by the person establishing the
facility. The inspections performed in facilities established under this subsection shall be
performed by a contractor selected by the commission under this section and the contractor
performing such inspections shall be responsible solely to the department and shall satisfy all
applicable requirements of sections 643.300 to 643.355.
7. Any person who owns Missouri analyzer system emission inspection equipment as defined by
rule, used to provide emissions inspections under section 307.366, RSMo, at a facility located in
an area in which an emissions inspection program has been established under sections 643.300 to
643.355 may, within twelve months of the implementation of an emissions inspection program
under sections 643.300 to 643.355, sell such equipment, to the department of natural resources at
current market value as established by an independent appraisal provided that the equipment is
fully functional and has been maintained according to all applicable manufacturer's specifications
and procedures. The department shall purchase such equipment using funds appropriated for that
purpose from the Missouri air emission reduction fund. Any person who, prior to January 1,
1992, contracted to lease or lease purchase, or purchased by borrowing a portion of the funds
secured by a chattel mortgage, Missouri Analyzer System emission inspection equipment used to
provide emissions inspections under section 307.366, RSMo, at a facility located in an area in
which an emissions inspection program has been established under sections 643.300 to 643.355,
and has made all payments required under the contract, may, within twelve months of the
implementation of an emissions inspection program under sections 643.300 to 643.355, request
the department of natural resources to take possession of such equipment and assume all payment
obligations owed on such equipment which obligations are not in excess of one hundred and
twenty-five percent of the current market value as established by an independent appraisal,
provided that the equipment is fully functional and has been maintained according to all
applicable manufacturer's specifications and procedures. The department shall take possession of
such equipment and pay such obligations using funds appropriated for that purpose from the
Missouri air emission reduction fund.
8. If the governor applies to the administrator of the Environmental Protection Agency to
require federal reformulated gasoline in nonattainment areas, nothing in sections 643.300
to 643.355 shall prevent the storage of conventional gasoline in nonattainment areas which
is intended for sale to agricultural, commercial or retail customers outside said
nonattainment areas subject to reformulated gasoline.
9. The governor, the department of natural resources, and the commission shall work to
ensure an orderly transition period in the nonattainment area for the introduction of
reformulated gasoline. Priority shall be given to ensure the petroleum refiners ample time
to organize, structure, and implement both the production and the delivery of reformulated
gasoline to the nonattainment area, so that consumers will see an orderly, seamless market
substitution.".
On motion of Representative Edwards-Pavia, House Substitute Amendment No. 1 for House
Amendment No. 1 was adopted by the following vote:
AYES: 138
Alter Auer Backer Barnett Barry 100
Bartelsmeyer Bartlett Bauer Bennett Berkstresser
Bland Boatright Bonner Boucher Bray 84
Broach Burton Campbell Carter Champion
Chrismer Cierpiot Clayton Cooper Copeland
Crawford Daniel 42 Daniels 41 Davis 122 Davis 63
Days DeMarce Dolan Donovan Dougherty
Edwards-Pavia Elliott Enz Farnen Fitzwater
Foley Foster Franklin Fritts Gaskill
Gaston Graham 106 Graham 24 Gratz Green
Gross Gunn Hagan-Harrell Hall Harlan
Hartzler 123 Hartzler 124 Heckemeyer Hegeman Hendrickson
Hickey Hilgemann Hohulin Holand Hollingsworth
Hoppe Hosmer Howerton Johnson Kasten
Kauffman Kelley 47 Kelly 27 Kennedy Klindt
Koller Kreider Lakin Leake Legan
Levin Lograsso Marble May 108 Mays 50
McBride McClelland McLuckie Merideth Miller
Monaco Murphy Murray Naeger O'Connor
O'Toole Ostmann Overschmidt Parker Pouche
Pryor Purgason Ransdall Reinhart Relford
Reynolds Richardson Ridgeway Robirds Ross
Sallee Schilling Schwab Scott Secrest
Seigfreid Shelton 57 Shields Smith Steen
Stoll Stroker Summers Surface Thomason 163
Thompson 37 Thompson 72 Townley Troupe Van Zandt
Vogel Wannenmacher Wiggins Williams 121 Williams 159
Wilson Wooten Mr. Speaker
NOES: 015
Akin Ballard Evans Gibbons Griesheimer
Kissell Lawson Linton Loudon Luetkenhaus
Patek Rizzo Skaggs Stokan Treadway
PRESENT: 000
ABSENT WITH LEAVE: 009
Crump Ford Froelker Liese Long
Nordwald Scheve Shear Sheldon 104
VACANCIES: 001
Representative Fitzwater offered House Amendment No. 2.
House Amendment No. 2
AMEND House Substitute for House Committee Substitute for Senate Bill No. 619, Page 126,
Section 414.415, Line 21 of said page, by inserting immediately after all of said line the
following:
"Section 1. The air conservation commission may establish, by rule, a state reformulated
gasoline program to prohibit the sale or dispensing of conventional gasoline for use in
motor vehicles. If established, such program shall be implemented and dispensing
reformulated gasoline at the retail level in the nonattainment area described in section
643.305, RSMo, by June 1, 1999, and shall be at least as effective in improving air quality
as the federal reformulated gasoline program, 42 U.S.C. 7545. Any reformulated gasoline
program established pursuant to this section shall not exclude the use of ethanol at any
time during the year." ; and
Further amend said bill in the title and enacting clause accordingly.
Representative Wiggins offered House Substitute Amendment No. 1 for House Amendment No.
2.
House Substitute Amendment No. 1
for
House Amendment No. 2
AMEND House Substitute for House Committee Substitute for Senate Bill No. 619, Page 126,
Section 414.415, Line 21 of said page, by inserting immediately after all of said line the
following:
"Section 1. The air conservation commission may establish, by rule, a state reformulated
gasoline program to prohibit the sale or dispensing of conventional gasoline for use in
motor vehicles. If established, such program shall be implemented and dispensing
reformulated gasoline at the retail level in the nonattainment area described in section
643.305, RSMo, by June 1, 1999, and shall be at least as effective in improving air quality
as the federal reformulated gasoline program, 42 U.S.C. 7545. Any reformulated gasoline
program established pursuant to this section shall not preclude the use of ethanol." ; and
Further amend said bill in the title and enacting clause accordingly.
On motion of Representative Wiggins, House Substitute Amendment No. 1 for House
Amendment No. 2 was adopted.
Representative McBride offered House Amendment No. 3.
House Amendment No. 3 was withdrawn.
Representative Thomason (163) offered House Amendment No. 3.
House Amendment No. 3
AMEND House Substitute for House Committee Substitute for Senate Bill No. 619, Page 1, In
the Title, Line 18, by deleting the figure "155.080" and inserting in lieu thereof the following:
"155.010, 155.080, 305.230"; and
Further amend said bill, Page 1, In the Title, Line 19, by deleting the word "section" and inserting
in lieu thereof the following: "sections 144.805 and"; and
Further amend said bill, Page 1, In the Title, Line 20, by inserting immediately before the word
"relating" the following: "and section 17 as enacted by conference committee substitute for
house committee substitute for senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly,"; and
Further amend said bill, Page 1, In the Title, Line 21, by deleting the word "sixty-four" and
inserting in lieu thereof the word "sixty-seven"; and
Further amend said bill, Page 1, In the Title, Line 24, by inserting immediately after the word
"date" the words "and an expiration date for certain sections"; and
Further amend said bill, Page 2, Section A, Line 11, by deleting the figure "155.080" and
inserting in lieu thereof the following: "155.010, 155.080, 305.230"; and
Further amend said bill, Page 2, Section A, Line 12, by deleting the word "section" and inserting
in lieu thereof the following: "sections 144.805 and"; and
Further amend said bill, Page 2, Section A, Line 13, by inserting immediately before the word
"are" the following: "and section 17 as enacted by conference committee substitute for house
committee substitute for senate bill no. 1 of the second extraordinary session of the eighty-ninth
general assembly,"; and
Further amend said bill, Page 2, In the Title, Line 13, by deleting the word "sixty-four" and
inserting in lieu thereof the word "sixty-seven"; and
Further amend said bill, Page 3, Section A, Line 1, by deleting the figure "155.080" and inserting
in lieu thereof the following: "144.805, 155.010, 155.080, 305.230"; and
Further amend said bill, Page 111, Section 142.953, Line 4, by inserting immediately after all of
said line the following:
"144.805. 1. In addition to the exemptions granted pursuant to the provisions of section
144.030, there shall also be specifically exempted from the provisions of sections 144.010 to
144.525, sections 144.600 to 144.748, and section 238.235, RSMo, and the provisions of any
local sales tax law, as defined in section 32.085, RSMo, and from the computation of the tax
levied, assessed or payable pursuant to sections 144.010 to 144.525, sections 144.600 to 144.748,
and section 238.235, RSMo, and the provisions of any local sales tax law, as defined in section
32.085, RSMo, all sales of aviation jet fuel in a given calendar year to common carriers engaged
in the interstate air transportation of passengers and cargo, and the storage, use and consumption
of such aviation jet fuel by such common carriers, if such common carrier has first paid to the
state of Missouri, in accordance with the provisions of this chapter, state sales and use taxes
pursuant to the foregoing provisions and applicable to the purchase, storage, use or consumption
of such aviation jet fuel in a maximum and aggregate amount of one million five hundred
thousand dollars of state sales and use taxes in such calendar year.
2. To qualify for the exemption prescribed in subsection 1 of this section, the common carrier
shall furnish to the seller a certificate in writing to the effect that an exemption pursuant to this
section is applicable to the aviation jet fuel so purchased, stored, used and consumed. The
director of revenue shall permit any such common carrier to enter into a direct pay agreement
with the department of revenue, pursuant to which such common carrier may pay directly to the
department of revenue any applicable sales and use taxes on such aviation jet fuel up to the
maximum aggregate amount of one million five hundred thousand dollars in each calendar year.
The director of revenue shall adopt appropriate rules and regulations to implement the provisions
of this section, and to permit appropriate claims for refunds of any excess sales and use taxes
collected in calendar year 1993 or any subsequent year with respect to any such common carrier
and aviation jet fuel.
3. The provisions of this section shall apply to all purchases and deliveries of aviation jet fuel
from and after May 10, 1993.
4. Effective September 1, 1998, all sales and use tax revenues upon aviation jet fuel
received pursuant to chapter 144, RSMo, less the amounts specifically designated pursuant
to the constitution or pursuant to section 144.701, for other purposes, shall be deposited to
the credit of the aviation trust fund established pursuant to section 305.230, RSMo;
provided however, the amount of such state sales and use tax revenues deposited to the
credit of such aviation trust fund shall not exceed five million dollars in each calendar year.
5. The provisions of sections 144.805 and 144.807 shall expire on December 31, [2001] 2003."
155.010. As used in this chapter, the following terms mean:
(1) "Aircraft", any contrivance now known, or hereafter invented, used or designed for
navigation of, or flight in, the air;
(2) "Airline company", any person, firm, partnership, corporation, trustee, receiver or assignee,
and all other persons, whether or not in a representative capacity, undertaking to engage in the
carriage of persons or cargo for hire by commercial aircraft pursuant to certificates of
convenience and necessity issued by the federal Civil Aeronautics Board, or successor thereof, or
any noncertificated air carrier authorized to engage in irregular and infrequent air transportation
by the federal Civil Aeronautics Board, or successor thereof;
(3) "Aviation fuel", any fuel specifically compounded for use in reciprocating aircraft engines;
(4) "Commercial aircraft", aircraft fully equipped for flight and of more than [ten] seven
thousand pounds maximum certified gross take-off weight."; and
Further amend said bill, Page 112, Section 155.080, Line 16, by inserting immediately after all of
said line the following:
"305.230. 1. The state highways and transportation commission shall administer an aeronautics
program within this state. The state commission shall encourage, foster and participate with the
political subdivisions of this state in the promotion and development of aeronautics. The state
commission may provide financial assistance in the form of grants from funds appropriated for
such purpose to any political subdivision or instrumentality of this state acting independently or
jointly or to the owner or owners of any privately owned airport designated as a reliever by
the Federal Aviation Administration for the planning, acquisition, construction, improvement
or maintenance of airports, or for other aeronautical purposes.
2. Any political subdivision or instrumentality of this state or the owner or owners of any
privately owned airport designated as a reliever by the Federal Aviation Administration
receiving state funds for the purchase, construction, or improvement, except maintenance, of an
airport shall agree before any funds are paid to it to control by ownership or lease the airport for a
period equal to the useful life of the project as determined by the state commission following the
last payment of state or federal funds to it. In the event an airport authority ceases to exist for
any reason, this obligation shall be carried out by the governing body which created the authority.
3. Unless otherwise provided, grants to political subdivisions, instrumentalities or to the
owner or owners of any privately owned airport designated as a reliever by the Federal
Aviation Administration shall be made from the aviation trust fund. In making grants, the
commission shall consider whether the local community has given financial support to the
airport in the past. Priority shall be given to airports with local funding for the past five
years with no reduction in such funding. The aviation trust fund is a revolving trust fund
exempt from the provisions of section 33.080, RSMo, relating to the transfer of funds to the
general revenue funds of the state by the state treasurer. All interest earned upon the balance in
the aviation trust fund shall be deposited to the credit of the same fund.
4. The moneys in the aviation trust fund shall be administered by the state commission and,
when appropriated, shall be used for the following purposes:
(1) As matching funds on an up to eighty percent state/twenty percent local basis, except in the
case where federal funds are being matched, when the ratio of state and local funds used to match
the federal funds shall be fifty percent state/fifty percent local:
(a) For preventive maintenance of runways, taxiways and aircraft parking areas, and for
emergency repairs of the same;
(b) For the acquisition of land for the development and improvement of airports;
(c) For the earthwork and drainage necessary for the construction, reconstruction or repair of
runways, taxiways, and aircraft parking areas;
(d) For the construction, or restoration of runways, taxiways, or aircraft parking areas;
(e) For the acquisition of land or easements necessary to satisfy Federal Aviation Administration
safety requirements;
(f) For the identification, marking or removal of natural or manmade obstructions to airport
control zone surfaces and safety areas;
(g) For the installation of runway, taxiway, boundary, ramp, or obstruction lights, together with
any work directly related to the electrical equipment;
(h) For the erection of fencing on or around the perimeter of an airport;
(i) For purchase, installation or repair of air navigational and landing aid facilities and
communication equipment;
(j) For engineering related to a project funded under the provisions of this section and technical
studies or consultation related to aeronautics;
(k) For airport planning projects including master plans and site selection for development of
new airports, for updating or establishing master plans and airport layout plans at existing
airports;
(l) For the purchase, installation, or repair of safety equipment and such other capital
improvements and equipment as may be required for the safe and efficient operation of the
airport;
(2) As total funds, with no local match:
(a) For providing air markers, windsocks, and other items determined to be in the interest of the
safety of the general flying public;
(b) For the printing and distribution of state aeronautical charts and state airport directories on an
annual basis, and a newsletter on a quarterly basis or the publishing and distribution of any public
interest information deemed necessary by the state commission;
(c) For the conducting of aviation safety workshops;
(d) For the promotion of aerospace education[.];
(3) As total funds with no local match, up to five hundred thousand dollars per year may
be used for the cost of operating existing air traffic control towers that do not receive
funding from the Federal Aviation Administration or the Department of Defense, except no
more than one hundred twenty-five thousand dollars per year may be used for any
individual control tower.
5. [The general assembly may appropriate to the aviation trust fund an amount not to exceed five
million dollars in each fiscal year for the purposes of this section. If on January thirty-first of any
year, the unobligated balance of the aviation trust fund exceeds five million dollars, no
appropriation shall be made for the following fiscal year.] In the event of a natural or
manmade disaster which closes any runway or renders inoperative any electronic or visual
landing aid at an airport, any funds appropriated for the purpose of capital improvements
or maintenance of airports may be made immediately available for necessary repairs once
they are approved by the Missouri department of transportation. For projects designated
as emergencies by the Missouri department of transportation, all requirements relating to
normal procurement of engineering and construction services are waived.
6. As used in this section, the term "instrumentality of the state" shall mean any state
educational institution as defined in section 176.010, RSMo, or any state agency which
owned or operated an airport on January 1, 1997, and continues to own or operate such
airport."; and
Further amend said bill, Page 213, Section 142.621, Line 10, by inserting immediately after all of
said line the following:
"[Section 17. 1. The task force on trade and investment within the department of economic
development and the state highways and transportation commission, or its designee within the
department of transportation, shall identify those airports that are crucial to the overall economic
development of the state, and assist those airports to better promote travel, education, trade and
commerce as it relates to the economic development of the state. Such airports shall include but
not be limited to any privately owned airports designated as reliever airports by the Federal
Aviation Administration, any airports owned by an instrumentality of the state, including any
state agency which owns or operates an airport as of January 1, 1997, or any state educational
institution as defined in section 176.010, RSMo.
2. Those airports identified pursuant to subsection 1 of this section shall be eligible to apply for
grants from the aviation trust fund, pursuant to the conditions established in section 305.230,
RSMo.]".
On motion of Representative Thomason (163), House Amendment No. 3 was adopted.
Representative Klindt offered House Amendment No. 4.
House Amendment No. 4
AMEND House Substitute for House Committee Substitute for Senate Bill No. 619, Page 25,
Section 142.815, Line 3, by inserting after the word "consumer" the following: ",except as
provided for in subsection (1) of this section," and
Further amend said bill and page, section 142.815, line 8, by inserting after the word "purposes"
the following: ", at the discretion of the ultimate vender, the refund may be claimed by the
ultimate vender on behalf of the consumer for sale made to farmers and to persons engaged in
construction for agricultural purposes as defined in section 142.800".
On motion of Representative Klindt, House Amendment No. 4 was adopted.
Representative McBride offered House Amendment No. 5.
House Amendment No. 5
AMEND House Substitute for House Committee Substitute for Senate Bill No. 619, Page 46,
Section 142.830, Lines 9-13, by deleting the following, "Any person operating under revoked
status or who is found to have not purchased a trip permit when so required by law, in addition to
all other penalties provided by law, shall be assessed a civil penalty of fifty dollars by the
director."
On motion of Representative McBride, House Amendment No. 5 was adopted.
Representative Gross offered House Amendment No. 6.
Representative Wiggins raised a point of order that House Amendment No. 6 amends previously
amended material.
The Chair ruled the point of order well taken.
Representative Griesheimer offered House Amendment No. 6.
Representative May (108) raised a point of order that House Amendment No. 6 goes beyond the
scope of the bill.
The Chair ruled the point of order well taken.
Representative Gaskill offered House Amendment No. 6.
House Amendment No. 6
AMEND House Substitute for House Committee Substitute for Senate Bill No. 619, Page 1, In
the Title, Line 18, by deleting the figure "155.080" and inserting in lieu thereof the following:
"155.080, 323.020, 323.060,"; and
Further amend said bill, Page 1, In the Title, Line 21, by deleting the word "sixty-four" and
inserting in lieu thereof the word "sixty-six"; and
Further amend said bill, Page 2, Section A, Line 11, by deleting the figure "155.080" and
inserting in lieu thereof the following: "155.080, 323.020, 323.060,"; and
Further amend said bill, Page 2, In the Title, Line 13, by deleting the word "sixty-four" and
inserting in lieu thereof the word "sixty-six"; and
Further amend said bill, Page 3, Section A, Line 1, by deleting the figure "155.080" and inserting
in lieu thereof the following: "155.080, 323.020, 323.060,"; and
Further amend said bill, Page 112, Section 155.080, Line 16, by inserting immediately after all of
said line the following:
"323.020. 1. The director of the department of agriculture shall make, promulgate and enforce
regulations setting forth minimum general standards covering the design, construction, location,
installation and operation of equipment for storing, handling, transporting by tank truck, tank
trailer, and utilizing liquefied petroleum gases and specifying the odorization of such gases and
the degree thereof. The regulations shall be such as are reasonably necessary for the protection of
the health, welfare and safety of the public and persons using such materials, and shall be in
substantial conformity with the generally accepted standards of safety concerning the same
subject matter. Such regulations shall be adopted by the director of the department of agriculture
pursuant to chapter 536, RSMo. Any rule or portion of a rule, as that term is defined in
section 536.010, RSMo, that is promulgated under the authority of this chapter, shall
become effective only if the agency has fully complied with all of the requirements of
chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after
the effective date of this act. All rulemaking authority delegated prior to the effective date
of this act is of no force and effect and repealed as of the effective date of this act, however
nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted
and promulgated prior to the effective date of this act. If the provisions of section 536.028,
RSMo, apply, the provisions of this section are nonseverable and if any of the powers
vested with the general assembly pursuant to section 536.028 to review, to delay the
effective date, or to disapprove and annul a rule or portion of a rule are held
unconstitutional or invalid, the purported grant of rulemaking authority and any rule so
proposed and contained in the order of rulemaking shall be invalid and void, except that
nothing in this act shall affect the validity of any rule adopted and promulgated prior to the
effective date of this act.
2. Except as specifically provided in subsection 1 of section 323.060, regulations in
substantial conformity with the published standards of the National Board of Fire Underwriters
for the design, installation and construction of containers and pertinent equipment for the storage
and handling of liquefied petroleum gases as recommended by the National Fire Protection
Association shall be deemed to be in substantial conformity with the generally accepted
standards of safety concerning the same subject matter.
323.060. 1. No person shall engage in this state in the business of selling at retail of liquefied
petroleum gas, or in the business of handling or transportation of liquefied petroleum gas over
the highways of this state or in the business of installing or servicing equipment and appliances
for use with liquefied petroleum gas without having first registered with the director of the
department of agriculture. No person shall engage in this state in the business of selling at
retail of liquefied petroleum gas unless such person owns and operates one or more storage
tanks located in the state of Missouri with a combined capacity of at least eighteen
thousand gallons, except that such storage capacity requirements shall apply only to
businesses engaged in bulk sales of liquified petroleum.
2. Nonresidents of the state of Missouri desiring to engage in the business of distribution of
liquefied petroleum gases at retail, or the business of installing, repairing or servicing equipment
and appliances for use of liquefied petroleum gases shall comply with sections 323.010 to
323.110 and rules and regulations promulgated thereunder.
3. All utility operations of public utility companies subject to the safety jurisdiction of the public
service commission are exempt from the provisions of this section.".
On motion of Representative Gaskill, House Amendment No. 6 was adopted.
Representative Froelker offered House Amendment No. 7.
Representative May (108) raised a point of order that House Amendment No. 7 amends
previously amended material.
The Chair ruled the point of order well taken.
Representative Gross offered House Amendment No. 7.
Representative Wiggins raised a point of order that House Amendment No. 7 amends previously
amended material.
The Chair ruled the point of order not well taken.
House Amendment No. 7 was withdrawn.
Representative Froelker offered House Amendment No. 7.
House Amendment No. 7
AMEND House Substitute for House Committee Substitute for Senate Bill No. 619, Page 213,
Section B, Line 11, by deleting on said line "January 1" and insert in lieu thereof "June 1".
Representative Froelker moved that House Amendment No. 7 be adopted.
Which motion was defeated.
On motion of Representative Stoll, HS HCS SB 619, as amended, was adopted.
On motion of Representative Stoll, HS HCS SB 619, as amended, was read the third time and
passed by the following vote:
AYES: 139
Alter Auer Backer Ballard Barnett
Barry 100 Bartelsmeyer Bartlett Bauer Berkstresser
Bland Boatright Bonner Boucher Bray 84
Broach Burton Campbell Carter Champion
Chrismer Cierpiot Clayton Cooper Copeland
Crawford Crump Daniel 42 Daniels 41 Davis 122
Davis 63 Days DeMarce Donovan Dougherty
Edwards-Pavia Elliott Enz Farnen Fitzwater
Foley Foster Franklin Fritts Gaskill
Gaston Gibbons Graham 106 Graham 24 Gratz
Green Gross Gunn Hagan-Harrell Harlan
Hartzler 123 Hartzler 124 Heckemeyer Hegeman Hendrickson
Hilgemann Hohulin Holand Hollingsworth Hoppe
Hosmer Howerton Johnson Kasten Kauffman
Kelley 47 Kelly 27 Kennedy Klindt Koller
Kreider Lakin Lawson Leake Legan
Levin Marble May 108 Mays 50 McBride
McClelland McLuckie Merideth Miller Monaco
Murphy Murray Naeger O'Connor O'Toole
Ostmann Overschmidt Parker Patek Pouche
Pryor Purgason Ransdall Reinhart Relford
Reynolds Richardson Ridgeway Robirds Ross
Sallee Scheve Schilling Schwab Scott
Secrest Seigfreid Shelton 57 Shields Skaggs
Smith Steen Stoll Stroker Summers
Surface Thompson 37 Thompson 72 Townley Troupe
Van Zandt Vogel Wannenmacher Wiggins Williams 121
Williams 159 Wilson Wooten Mr. Speaker
NOES: 010
Akin Evans Froelker Griesheimer Hall
Kissell Lograsso Loudon Luetkenhaus Treadway
PRESENT: 000
ABSENT WITH LEAVE: 013
Bennett Dolan Ford Hickey Liese
Linton Long Nordwald Rizzo Shear
Sheldon 104 Stokan Thomason 163
VACANCIES: 001
Speaker Gaw declared the bill passed.
On motion of Representative Campbell, title to the bill was agreed to.
Representative Clayton moved that the vote by which the bill passed be reconsidered.
Representative Fritts moved that motion lay on the table.
The latter motion prevailed.
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 SS SCS HS HCS HBs 1455 & 1463, entitled:
An act to repeal sections 86.390, 86.440, 86.441, 86.483, 86.680, 86.750, 104.352 and 104.370,
RSMo 1994, and sections 86.251, 86.253, 86.256, 86.260, 86.280, 86.283, 86.287, 86.447,
86.620, 86.672, 86.810, 87.371, 104.374 and 104.612, RSMo Supp. 1997, and section 104.348,
as truly agreed to and finally passed by the second regular session of the eighty-ninth general
assembly in house committee substitute for senate bill no. 841, relating to certain retirement
systems, and to enact in lieu thereof tweny-three new sections relating to the same subject, with
an emergency clause for certain sections.
With Senate Amendment No. 1, Senate Amendment No. 2, Senate Amendment No. 3, Senate
Amendment No. 4, and Senate Amendment No. 6.
Senate Amendment No. 1
AMEND Senate Substitute for Senate Committee Substitute for House Substitute for House
Committee Substitute for House Bill Nos. 1455 & 1463, Page 54, Section 104.370, Line 18, of
said page, by striking the word "one" and inserting in lieu thereof the following: "two"; and
further amend line 19 of said page, by striking "seventy-five".
Senate Amendment No. 2
AMEND Senate Substitute for Senate Committee Substitute for House Substitute for House
Committee Substitute for House Bill Nos. 1455 & 1463, Page 2, Section A, Line 5, by inserting
immediately after all of said line the following:
"70.686. If a retirant becomes employed in a position covered by the system, [he] such retirant
shall forfeit one monthly allowance payment for each calendar month in which [he] the retirant
renders any such employment[. During such employment, a retirant shall not accrue additional
credited service nor shall he contribute to the system.]; except that, the retirant shall be
considered a reemployed member with contributions due immediately in accordance with
sections 70.705 and 70.710. Such period of reemployment shall be for a minimum of one
year of additional membership service before the retirant shall receive any additional
allowance. Any reemployed retirant who has one or more years of membership service
after reemployment and later retires shall receive an additional allowance calculated to
include only the membership service and the average compensation earned by the member
since reemployment, if such employment is less than the period described in section 70.656.
In either event, the original allowance and the additional allowance, if any, shall be paid
commencing with the first month after such reemployment terminates. If the retirant
retired pursuant to section 70.680, the provisions of section 70.680 shall apply."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 3
AMEND Senate Substitute for Senate Committee Substitute for House Substitute for House
Committee Substitute for House Bill Nos. 1455 & 1463, Page 2, Section A, Line 5, by adding
after the ":" on said line the following:
70.697. Any member who is eligible to receive benefits under the local government employees'
retirement system and who retires after August 28, 1993, and who is also eligible to receive
benefits under the provisions of sections 56.800 to 56.840, RSMo, shall receive benefits under
sections 56.800 to 56.840, RSMo, which are reduced by one-third of the amount received from
the local government employees' retirement system.; and
further amend said bill by amending the title and enacting clause accordingly.
Senate Amendment No. 4
AMEND Senate Substitute for Senate Committee Substitute for House Substitute for House
Committee Substitute for House Bill Nos. 1455 & 1463, Page 71, Section 104.612, Line 23, by
inserting after all of said line the following:
"Section 1. Any state employee or official holding employment on August 28, 1998, who
has service as a member pursuant to section 104.345, RSMo, shall be entitled to creditable
prior service for service rendered as a county employee if the person establishes proof of
such service to the satisfaction of the board."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 6
AMEND Senate Substitute for Senate Committee Substitute for House Substitute for House
Committee Substitute for House Bill Nos. 1455 & 1463, Page 71, Section 104.612, Line 23 of
said page, by inserting immediately after said line the following:
"Section 1. In addition to the provisions for creditable service provided in section 50.1090,
RSMo, any county employee as defined in section 50.1000, RSMo, who was employed on
January 1, 1989, and who was not employed on August 28, 1994, and who had prior service
as a county employee for at least eight years may apply to the board and shall be made and
employed by the board of trustees as a special consultant on the problems of retirement for
the remainder of the person's life. Upon request of the board, the consultant shall give
opinions or be available to give opinions in writing or orally in response to such requests.
As compensation the consultant may elect to become a member of the system and purchase
a portion of such prior service as prior creditable service. The election shall be made in
writing to the board at the time the person applies to be made a consultant under the
provisions of this subsection. The purchase shall be, for those who are not also members of
the local government employees' retirement system, at the rate of three percent of the
retiring member's average final compensation times the number of years purchased. The
purchase for those who are also members of the local government employees' retirement
system will be at the rate of two percent of the retiring member's average final
compensation times the number of years purchased. Fifty percent of the purchase of prior
creditable service shall be made prior to receiving retirement benefits and the balance may
be in one lump sum payment at the time of application for appointment as a consultant or
may be deducted in equal monthly installments from the retirement benefits paid to the
consultant over a period of years to be agreed upon by the consultant and the board but
not to exceed four years. If the consultant dies prior to payment of the full amount due, no
further payment shall be due and the surviving spouse of the deceased shall receive the
benefits required under the provisions of sections 50.1000 to 50.1200, RSMo."; and
Further amend the title and enacting clause accordingly.
Emergency clause adopted.
In which the concurrence of the House is respectfully requested.
MOTION
SS SCS HS HCS HBs 1455 & 1463, as amended, relating to retirement systems, was taken up
by Representative O'Toole.
On motion of Representative O'Toole SS SCS HS HCS HBs 1455 & 1463, as amended, was
adopted by the following vote:
AYES: 082
Auer Bartlett Bauer Bland Bonner
Boucher Bray 84 Burton Campbell Carter
Clayton Cooper Copeland Crump Daniels 41
Davis 63 Days DeMarce Donovan Dougherty
Fitzwater Foley Ford Foster Franklin
Fritts Graham 24 Gratz Green Gunn
Hagan-Harrell Harlan Hartzler 123 Heckemeyer Hickey
Hilgemann Johnson Kasten Kauffman Kelly 27
Kennedy Koller Leake Legan Lograsso
May 108 Mays 50 McLuckie Monaco Murphy
Murray O'Connor O'Toole Ostmann Overschmidt
Ransdall Reynolds Rizzo Robirds Ross
Sallee Scheve Scott Sheldon 104 Shelton 57
Skaggs Smith Steen Stroker Thomason 163
Thompson 37 Thompson 72 Treadway Troupe Van Zandt
Vogel Wannenmacher Wiggins Williams 121 Wilson
Wooten Mr. Speaker
NOES: 072
Akin Alter Backer Ballard Barnett
Barry 100 Bartelsmeyer Bennett Berkstresser Boatright
Broach Champion Chrismer Cierpiot Crawford
Davis 122 Dolan Elliott Enz Evans
Farnen Froelker Gaskill Gaston Gibbons
Graham 106 Griesheimer Gross Hall Hartzler 124
Hegeman Hendrickson Hohulin Holand Hollingsworth
Hoppe Hosmer Howerton Kelley 47 Kissell
Klindt Kreider Lakin Lawson Levin
Linton Loudon Luetkenhaus Marble McBride
McClelland Merideth Miller Naeger Parker
Patek Pouche Pryor Purgason Reinhart
Relford Richardson Schilling Schwab Secrest
Seigfreid Shields Stoll Summers Surface
Townley Williams 159
PRESENT: 000
ABSENT WITH LEAVE: 008
Daniel 42 Edwards-Pavia Liese Long Nordwald
Ridgeway Shear Stokan
VACANCIES: 001
On motion of Representative O'Toole, SS SCS HS HCS HBs 1455 & 1463, as amended, was
truly agreed to and finally passed by the following vote:
AYES: 082
Auer Bartlett Bauer Bland Bonner
Boucher Bray 84 Burton Campbell Carter
Clayton Cooper Copeland Crump Daniels 41
Davis 63 Days DeMarce Donovan Dougherty
Edwards-Pavia Fitzwater Foley Ford Franklin
Fritts Graham 24 Gratz Green Gunn
Hagan-Harrell Harlan Hartzler 123 Heckemeyer Hickey
Hilgemann Johnson Kasten Kauffman Kelly 27
Kennedy Koller Leake Legan Lograsso
May 108 Mays 50 McLuckie Monaco Murray
O'Connor O'Toole Ostmann Overschmidt Ransdall
Relford Reynolds Rizzo Robirds Ross
Sallee Scheve Scott Sheldon 104 Shelton 57
Skaggs Smith Steen Stroker Thomason 163
Thompson 37 Thompson 72 Treadway Troupe Van Zandt
Vogel Wannenmacher Wiggins Williams 121 Wilson
Wooten Mr. Speaker
NOES: 071
Akin Alter Backer Ballard Barnett
Barry 100 Bartelsmeyer Bennett Berkstresser Boatright
Broach Champion Chrismer Cierpiot Crawford
Davis 122 Dolan Elliott Enz Evans
Farnen Foster Froelker Gaskill Gaston
Gibbons Graham 106 Griesheimer Gross Hall
Hartzler 124 Hegeman Hendrickson Hohulin Holand
Hollingsworth Hoppe Hosmer Howerton Kelley 47
Kissell Klindt Kreider Lawson Levin
Linton Loudon Luetkenhaus Marble McBride
McClelland Merideth Miller Naeger Parker
Patek Pouche Pryor Purgason Reinhart
Richardson Schilling Schwab Secrest Seigfreid
Shields Stoll Summers Surface Townley
Williams 159
PRESENT: 000
ABSENT WITH LEAVE: 009
Daniel 42 Lakin Liese Long Murphy
Nordwald Ridgeway Shear Stokan
VACANCIES: 001
Speaker Gaw declared the bill passed.
The emergency clause was adopted by the following vote:
AYES: 109
Alter Auer Backer Ballard Bartelsmeyer
Bartlett Bauer Berkstresser Bland Bonner
Boucher Bray 84 Broach Burton Campbell
Carter Chrismer Clayton Cooper Copeland
Crump Daniels 41 Davis 122 Davis 63 Days
DeMarce Donovan Dougherty Elliott Evans
Farnen Fitzwater Foley Ford Franklin
Fritts Gaskill Gaston Gibbons Graham 24
Green Gunn Hagan-Harrell Harlan Hartzler 123
Heckemeyer Hickey Hilgemann Hoppe Johnson
Kasten Kauffman Kelly 27 Kennedy Kissell
Klindt Koller Kreider Lakin Lawson
Leake Legan Levin Loudon Marble
May 108 Mays 50 McLuckie Miller Monaco
Murphy Murray O'Connor O'Toole Ostmann
Overschmidt Parker Pryor Ransdall Reinhart
Reynolds Rizzo Robirds Ross Sallee
Scheve Schilling Schwab Scott Shelton 57
Skaggs Smith Steen Stoll Stroker
Thomason 163 Thompson 37 Thompson 72 Townley Treadway
Troupe Van Zandt Vogel Wannenmacher Wiggins
Williams 121 Wilson Wooten Mr. Speaker
NOES: 041
Akin Barnett Barry 100 Bennett Champion
Cierpiot Crawford Dolan Edwards-Pavia Enz
Foster Froelker Graham 106 Griesheimer Gross
Hartzler 124 Hegeman Hendrickson Hohulin Holand
Hollingsworth Hosmer Howerton Kelley 47 Linton
Lograsso Luetkenhaus McBride McClelland Merideth
Naeger Patek Pouche Purgason Relford
Richardson Secrest Seigfreid Shields Summers
Williams 159
PRESENT: 000
ABSENT WITH LEAVE: 012
Boatright Daniel 42 Gratz Hall Liese
Long Nordwald Ridgeway Shear Sheldon 104
Stokan Surface
VACANCIES: 001
On motion of Representative Kennedy, title to the bill was agreed to.
Representative Days moved that the vote by which the bill passed be reconsidered.
Representative Bonnor moved that motion lay on the table.
The latter motion prevailed.