Journal of the House


First Regular Session, 94th General Assembly




SIXTIETH DAY, Thursday, April 19, 2007

The House met pursuant to adjournment.


            Speaker Jetton in the Chair.


            Prayer by Msgr. Gregory Higley.


              Heavenly Father, designer of the universe, source of all blessings, and author of all divine and natural law. May Your wisdom inspire and guide our human lawmakers this day and in the weeks to come. As Your divine and natural law is designed to ensure human justice, protect human and civil rights, and respect all natural life, so may this same wisdom be the light which directs discussion and deliberation in this Chamber throughout the course of this day. May Your wisdom provide the required insight to our elected representatives needed to protect the welfare of the citizens of this State. We humbly place this prayer before You with all our gratitude. Amen.


            The Pledge of Allegiance to the flag was recited.


            The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Amanda Polt, Kelly Winkler, Michael Gould, Blake Rosner, Bethany Jefferies, Austin Lee, Samantha Shelby, Corwinthony Williams, Dinara Datbayeva, Joris Beckmann, Vusal Babayev and Aygul Valiyeva.


            The Journal of the fifty-ninth day was approved as printed.


SPECIAL RECOGNITION


            The Fatima Lady Comets Basketball Team was introduced by Representative Loehner and recognized for winning the 2006-2007 Class 3 District and Sectional competitions.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 2300 through House Resolution No. 2367


SECOND READING OF SENATE BILLS


            SS SCS SB 5, SS SB 31, SCS SB 86 and SCS SB 611 were read the second time.




REFERRAL OF HOUSE BILLS


            The following House Bills were referred to the Committee indicated:


HB 134 - Fiscal Review (Fiscal Note)

HB 215 - Fiscal Review (Fiscal Note)

HCS HB 1055 - Fiscal Review (Fiscal Note)


COMMITTEE REPORTS


            Committee on Fiscal Review, Chairman Guest reporting:


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS HB 98 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HB 134 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS HB 461 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS HB 891 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS HB 892 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS SCS SB 64 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS SCS SB 308 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS SCS SB 384 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred SCS SB 456 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.


THIRD READING OF SENATE BILLS


            SS SB 195, relating to the practice of pharmacy, was taken up by Representative Tilley.




            On motion of Representative Tilley, SS SB 195 was truly agreed to and finally passed by the following vote:


AYES: 154

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Brandom

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Funderburk

George

Grill

Grisamore

Guest

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Loehner

Low 39

Lowe 44

Marsh

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 001

 

 

 

 

 

 

 

 

 

Lipke

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

Bowman

Brown 30

Bruns

Harris 23

Hunter

Kratky

Pratt

Spreng

 

 


            Speaker Jetton declared the bill passed.


            Representative St. Onge assumed the Chair.


            SCS SB 16, relating to children's vision examinations, was taken up by Representative Pearce.


            On motion of Representative Pearce, SCS SB 16 was truly agreed to and finally passed by the following vote:


AYES: 143

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Burnett

Casey

Cooper 120

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Faith

Fallert

Fares

Fisher

Frame

Franz

Funderburk

George

Grill

Grisamore

Guest

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lampe

LeVota

Liese

Loehner

Low 39

Lowe 44

Marsh

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

St. Onge

Storch

Stream

Sutherland

Talboy

Thomson

Threlkeld

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 011

 

 

 

 

 

 

 

 

 

Cooper 155

Cooper 158

Davis

Emery

Ervin

Flook

Lembke

Lipke

Muschany

Stevenson

Todd

 

 

 

 

 

 

 

 

 

PRESENT: 002

 

 

 

 

 

 

 

 

 

Swinger

Tilley

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

Brown 30

Bruns

Chappelle-Nadal

Harris 23

Kratky

Pratt

Spreng

 

 

 


            Representative St. Onge declared the bill passed.


            HCS SB 376, relating to the financial impact on tourism, was taken up by Representative Wood.


            Representative Wood offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Bill No. 376, Section 171.035, Page 1, Lines 1 and 2, by deleting all of said lines and inserting in lieu thereof the following:


              "171.035. No school"; and


              Further amend said section and page, Line 5, by inserting after the word "from" the words "January 15, 2007 to"; and


              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.


            Representative Cooper (120) offered House Substitute Amendment No. 1 for House Amendment No. 1.


House Substitute Amendment No. 1

for

House Amendment No. 1


AMEND House Committee Substitute for Senate Bill No. 376, Section 171.035, Page 1, Lines 1-2, by deleting all of said lines and inserting in lieu thereof the following:


              "171.035. No school"; and


              Further amend said section and page, Line 5, by inserting after the word "from" the following:


              "January 12, 2007 to"; and


              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.


            On motion of Representative Cooper (120), House Substitute Amendment No. 1 for House Amendment No. 1 was adopted.


            On motion of Representative Wood, HCS SB 376, as amended, was adopted.


            On motion of Representative Wood, HCS SB 376, as amended, was read the third time and passed by the following vote:


AYES: 146

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Faith

Fallert

Fares

Fisher

Frame

Franz

Funderburk

Grill

Grisamore

Guest

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McClanahan

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Oxford

Page

Parson

Pearce

Pollock

Portwood

Quinn 7

Quinn 9

Richard

Robb

Robinson

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 010

 

 

 

 

 

 

 

 

 

Davis

Ervin

Flook

George

Hughes

Komo

Onder

Roorda

Skaggs

Talboy

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

Brown 30

Bruns

Harris 23

Kratky

McGhee

Pratt

Spreng

 

 

 


            Representative St. Onge declared the bill passed.


            The emergency clause was adopted by the following vote:


AYES: 136

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Bearden

Bivins

Bland

Brandom

Bringer

Brown 50

Casey

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Faith

Fallert

Fares

Fisher

Frame

Franz

Funderburk

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Hoskins

Hubbard

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Low 39

Lowe 44

Marsh

May

McClanahan

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Oxford

Page

Parson

Pearce

Pollock

Portwood

Quinn 7

Quinn 9

Robb

Robinson

Rucker

Ruestman

Ruzicka

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 018

 

 

 

 

 

 

 

 

 

Bowman

Burnett

Chappelle-Nadal

Davis

Ervin

Flook

George

Holsman

Hughes

Komo

Onder

Roorda

Salva

Skaggs

Talboy

Vogt

Whorton

Wildberger

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

Baker 123

Brown 30

Bruns

Kratky

Loehner

McGhee

Pratt

Richard

Spreng

 


            HCS SB 30, as amended, with House Amendment No. 9, as amended, pending, relating to taxation, was taken up by Representative Stevenson.


            Representative Dempsey moved the previous question.


            Which motion was adopted by the following vote:


AYES: 087

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Bivins

Brandom

Cooper 120

Cooper 158

Cox

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Funderburk

Grisamore

Guest

Hobbs

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Kraus

Lembke

Lipke

Loehner

Marsh

May

Moore

Munzlinger

Muschany

Nance

Nasheed

Nolte

Onder

Parson

Pearce

Pollock

Portwood

Quinn 7

Richard

Robb

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Stream

Sutherland

Thomson

Threlkeld

Tilley

Viebrock

Wallace

Walton

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 066

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bowman

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

El-Amin

Fallert

Frame

George

Grill

Harris 23

Harris 110

Haywood

Hodges

Holsman

Hoskins

Hubbard

Hughes

Johnson

Komo

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

McClanahan

Meadows

Meiners

Norr

Oxford

Page

Quinn 9

Robinson

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Shively

Skaggs

Storch

Swinger

Talboy

Todd

Villa

Vogt

Walsh

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zimmerman

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Dougherty

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

Brown 30

Bruns

Cooper 155

Kratky

McGhee

Nieves

Pratt

Schneider

Spreng

 


            On motion of Representative Scharnhorst, House Amendment No. 9, as amended, was adopted.


            Representative Kraus offered House Amendment No. 10.


House Amendment No. 10


AMEND House Committee Substitute for Senate Bill No. 30, Page 7, Section 71.012, by inserting after all of said section the following:


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

              (1) "Military retirement benefits", any military retirement benefits included in federal adjusted gross income and not otherwise excluded therefrom;

              (2) "Tax credit", a credit against the tax otherwise due under chapter 143, RSMo, excluding withholding tax imposed by sections 143.191 to 143.265, RSMo;

              (3) "Taxpayer", any individual subject to the tax imposed in chapter 143, RSMo, excluding withholding tax imposed by sections 143.191 to 143.265, RSMo.

              2. For all taxable years beginning on or after January 1, 2007, a taxpayer shall be allowed a tax credit for military retirement benefits received by the taxpayer. The tax credit amount shall be equal to the amount of state income tax otherwise due for military retirement benefits received in the taxable year for which the credit is claimed. The amount of the tax credit issued shall not exceed the amount of the taxpayer's state tax liability for the tax year for which the credit is claimed. No amount of credit that the taxpayer is prohibited by this section from claiming in a tax year shall be refundable, nor shall any tax credit granted under this section be transferred, sold, or assigned.

              3. The department of revenue may promulgate rules to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid and void."; and


              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.


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


            Representative Dusenberg offered House Amendment No. 11.


House Amendment No. 11


AMEND House Committee Substitute for Senate Bill No. 30, Section 71.012, Page 7, Line 69, by inserting after all of said section, the following:


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

              (1) "Homestead", the dwelling in Missouri owned by the surviving spouse and not exceeding five acres of land surrounding it as is reasonably necessary for use of the dwelling as a home. As used in this section, "homestead" shall not include any dwelling which is occupied by more than two families;

              (2) "Public safety officer", any firefighter, police officer, capitol police officer, parole officer, probation officer, correctional employee, water patrol officer, park ranger, conservation officer, commercial motor enforcement officer, emergency medical technician, first responder, or highway patrolman employed by the state of Missouri or a political subdivision thereof who is killed in the line of duty, unless the death was the result of the officer's own misconduct or abuse of alcohol or drugs;

              (3) "Surviving spouse", a spouse, who has not remarried, of a public safety officer.

              2. For all tax years beginning on or after January 1, 2008, a surviving spouse shall be allowed a credit against the tax otherwise due under chapter 143, RSMo, excluding withholding tax imposed by sections 143.191 to 143.265, RSMo, in an amount equal to the total amount of the property taxes on the surviving spouse's homestead paid during the tax year for which the credit is claimed. If the amount allowable as a credit exceeds the income tax reduced by other credits, then the excess shall be considered an overpayment of the income tax.

              3. The department of revenue shall promulgate rules to implement the provisions of this section.

              4. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid and void.

              5. Pursuant to section 23.253, RSMo, of the Missouri Sunset Act:

              (1) The provisions of the new program authorized under this section shall automatically sunset six years after the effective date of this section unless reauthorized by an act of the general assembly; and

              (2) If such program is reauthorized, the program authorized under this section shall automatically sunset twelve years after the effective date of the reauthorization of this section; and

              (3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset."; and


              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.


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


            Representative Moore offered House Amendment No. 12.


House Amendment No. 12


AMEND House Committee Substitute for Senate Bill No. 30, Page 27, Section 208.755, Line 38, by inserting after said line the following:


              "320.093. 1. Any person, firm or corporation who purchases a dry fire hydrant, as defined in section 320.273, or provides an acceptable means of water storage for such dry fire hydrant including a pond, tank or other storage facility with the primary purpose of fire protection within the state of Missouri, shall be eligible for a credit on income taxes otherwise due pursuant to chapter 143, RSMo, except sections 143.191 to 143.261, RSMo, as an incentive to implement safe and efficient fire protection controls. The tax credit, not to exceed five thousand dollars, shall be equal to fifty percent of the cost in actual expenditure for any new water storage construction, equipment, development and installation of the dry hydrant, including pipes, valves, hydrants and labor for each such installation of a dry hydrant or new water storage facility. The amount of the tax credit claimed for in-kind contributions shall not exceed twenty-five percent of the total amount of the contribution for which the tax credit is claimed.

              2. Any amount of credit which exceeds the tax due shall not be refunded but may be carried over to any subsequent taxable year, not to exceed seven years. The person, firm or corporation may elect to assign to a third party the approved tax credit. The certificate of assignment and other appropriate forms [must] shall be filed with the Missouri department of revenue and the department of economic development.

              3. The person, firm or corporation shall make application for the credit to the department of economic development after receiving approval of the state fire marshal. The fire marshal shall establish by rule promulgated pursuant to chapter 536, RSMo, the requirements to be met based on the National Resources Conservation Service's [Missouri] Dry Hydrant Standard. The state fire marshal or designated local representative shall review and authorize [and issue a permit for] the construction and installation of any dry fire hydrant site. Only approved dry fire hydrant sites [will] shall be eligible for tax credits as indicated in this section. Under no circumstance shall such authority deny any entity the ability to provide a dry fire hydrant site when tax credits are not requested.

              4. The department of [economic development] public safety shall certify to the department of revenue that the dry hydrant system meets the requirements to obtain a tax credit as specified in subsection 5 of this section.

              5. In order to qualify for a tax credit under this section, a dry hydrant or new water storage facility [must] shall meet the following minimum requirements:

              (1) Each body of water or water storage structure [must] shall be able to provide two hundred fifty gallons per minute for a continuous two-hour period during a fifty-year drought or freeze at a vertical lift of eighteen feet;

              (2) Each dry hydrant [must] shall be located within twenty-five feet of an all-weather roadway and [must] shall be accessible to fire protection equipment;

              (3) Dry hydrants shall be located a reasonable distance from other dry or pressurized hydrants; and

              (4) The site shall provide a measurable economic improvement potential for rural development.

              6. New credits shall not be awarded under this section after August 28, [2003] 2011. The total amount of all tax credits allowed pursuant to this section is five hundred thousand dollars in any one fiscal year as approved by the director of the department of economic development.

              7. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, [1999] 2007, shall be invalid and void."; and


              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.


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


            Representative Portwood offered House Amendment No. 13.


House Amendment No. 13


AMEND House Committee Substitute for Senate Bill No. 30, Section 71.012, Page 7, Line 69, by inserting after all of said line the following:


              "137.106. 1. This section [may] shall be known and may be cited as "The Missouri Homestead Preservation Act".

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

              (1) "Department", the department of revenue;

              (2) "Director", the director of revenue;

              (3) "Disabled", as such term is defined in section 135.010, RSMo;

              (4) "Eligible owner", any individual owner of property who is sixty-five years old or older as of January first of the tax year in which the individual is claiming the credit or who is disabled, and who had an income of equal to or less than the maximum upper limit in the year prior to completing an application pursuant to this section; or

              (a) In the case of a married couple owning property either jointly or as tenants by the entirety, or where only one spouse owns the property, such couple shall be considered an eligible taxpayer if both spouses have reached the age of sixty-five or if one spouse is disabled, or if one spouse is at least sixty-five years old and the other spouse is at least sixty years old, and the combined income of the couple in the year prior to completing an application pursuant to this section did not exceed the maximum upper limit; or

              (b) In the case of joint ownership by unmarried persons or ownership by tenancy in common by two or more unmarried persons, such owners shall be considered an eligible owner if each person with an ownership interest individually satisfies the eligibility requirements for an individual eligible owner under this section and the combined income of all individuals with an interest in the property is equal to or less than the maximum upper limit in the year prior to completing an application under this section. If any individual with an ownership interest in the property fails to satisfy the eligibility requirements of an individual eligible owner or if the combined income of all individuals with interest in the property exceeds the maximum upper limit, then all individuals with an ownership interest in such property shall be deemed ineligible owners regardless of such other individual's ability to individually meet the eligibility requirements; or

              (c) In the case of property held in trust, the eligible owner and recipient of the tax credit shall be the trust itself provided the previous owner of the homestead or the previous owner's spouse: is the settlor of the trust with respect to the homestead; currently resides in such homestead; and but for the transfer of such property would have satisfied the age, ownership, and maximum upper limit requirements for income as defined in subdivisions (7) and (8) of this subsection[;] .


No individual shall be an eligible owner if the individual has not paid [their] such individual's property tax liability, if any, in full by the payment due date in any of the three prior tax years, except that a late payment of a property tax liability in any prior year shall not disqualify a potential eligible owner if such owner paid in full the tax liability and any and all penalties, additions and interest that arose as a result of such late payment; no individual shall be an eligible owner if such person filed a valid claim for the senior citizens property tax relief credit pursuant to sections 135.010 to 135.035, RSMo;

              (5) "Homestead", as such term is defined pursuant to section 135.010, RSMo, except as limited by provisions of this section to the contrary. No property shall be considered a homestead if such property was improved since the most recent annual assessment by more than five percent of the prior year appraised value, except where an eligible owner of the property has made such improvements to accommodate a disabled person;

              (6) "Homestead exemption limit", a percentage increase, rounded to the nearest hundredth of a percent, which shall be equal to the percentage increase to tax liability, not including improvements, of a homestead from one tax year to the next that exceeds a certain percentage set pursuant to subsection [10] 7 of this section. [For applications filed in 2005 or 2006, the homestead exemption limit shall be based on the increase to tax liability from 2004 to 2005. For applications filed between April 1, 2005, and September 30, 2006, an eligible owner, who otherwise satisfied the requirements of this section, shall not apply for the homestead exemption credit more than once during such period.] For applications filed [after 2006] in 2007, the homestead exemption limit shall be based on the increase to tax liability from two years prior to application to the year immediately prior to application. For applications filed after 2007, the homestead exemption limit shall be based on the increase to tax liability from the base year to the year prior to the application year. For purposes of this subdivision, "base year" means the year prior to the first year in which the eligible owner's application was approved, or 2006, whichever is later;

              (7) "Income", federal adjusted gross income, and in the case of ownership of the homestead by trust, the income of the settlor applicant shall be imputed to the income of the trust for purposes of determining eligibility with regards to the maximum upper limit;

              (8) "Maximum upper limit", in the calendar year 2005, the income sum of seventy thousand dollars; in each successive calendar year this amount shall be raised by the incremental increase in the general price level, as defined pursuant to article X, section 17 of the Missouri Constitution.

              3. Pursuant to article X, section 6(a) of the Constitution of Missouri, if in the prior tax year, the property tax liability on any parcel of subclass (1) real property increased by more than the homestead exemption limit, without regard for any prior credit received due to the provisions of this section, then any eligible owner of the property shall receive a homestead exemption credit to be applied in the current tax year property tax liability to offset the prior year increase to tax liability that exceeds the homestead exemption limit, except as eligibility for the credit is limited by the provisions of this section. The amount of the credit shall be listed separately on each taxpayer's tax bill for the current tax year, or on a document enclosed with the taxpayer's bill. The homestead exemption credit shall not affect the process of setting the tax rate as required pursuant to article X, section 22 of the Constitution of Missouri and section 137.073 in any prior, current, or subsequent tax year.

              4. [If application is made in 2005, any potential eligible owner may apply for the homestead exemption credit by completing an application through their local assessor's office. Applications may be completed between April first and September thirtieth of any tax year in order for the taxpayer to be eligible for the homestead exemption credit in the tax year next following the calendar year in which the homestead exemption credit application was completed. The application shall be on forms provided to the assessor's office by the department. Forms also shall be made available on the department's Internet site and at all permanent branch offices and all full-time, temporary, or fee offices maintained by the department of revenue. The applicant shall attest under penalty of perjury:

              (1) To the applicant's age;

              (2) That the applicant's prior year income was less than the maximum upper limit;

              (3) To the address of the homestead property; and

              (4) That any improvements made to the homestead, not made to accommodate a disabled person, did not total more than five percent of the prior year appraised value. The applicant shall also include with the application copies of receipts indicating payment of property tax by the applicant for the homestead property for the two prior tax years.

              5. If application is made in 2005, the assessor, upon request for an application, shall:

              (1) Certify the parcel number and owner of record as of January first of the homestead, including verification of the acreage classified as residential on the assessor's property record card;

              (2) Obtain appropriate prior tax year levy codes for each homestead from the county clerks for inclusion on the form;

              (3) Record on the application the assessed valuation of the homestead for the current tax year, and any new construction or improvements for the current tax year; and

              (4) Sign the application, certifying the accuracy of the assessor's entries.

              6. If application is made after 2005,] Any potential eligible owner may apply for the homestead exemption credit by completing an application. Applications may be completed between April first and October fifteenth of any tax year in order for the taxpayer to be eligible for the homestead exemption credit in the tax year next following the calendar year in which the homestead exemption credit application was completed. The application shall be on forms provided by the department. Forms also shall be made available on the department's Internet site and at all permanent branch offices and all full-time, temporary, or fee offices maintained by the department of revenue. The applicant shall attest under penalty of perjury:

              (1) To the applicant's age;

              (2) That the applicant's prior year income was less than the maximum upper limit;

              (3) To the address of the homestead property;

              (4) That any improvements made to the homestead, not made to accommodate a disabled person, did not total more than five percent of the prior year appraised value[; and

              (5)] .


The applicant shall also include with the application copies of receipts indicating payment of property tax by the applicant for the homestead property for the three prior tax years.

              [7.] 5. Each applicant shall send the application to the department by [September thirtieth] October fifteenth of each year for the taxpayer to be eligible for the homestead exemption credit in the tax year next following the calendar year in which the application was completed.

              [8. If application is made in 2005, upon receipt of the applications, the department shall calculate the tax liability, adjusted to exclude new construction or improvements verify compliance with the maximum income limit, verify the age of the applicants, and make adjustments to these numbers as necessary on the applications. The department also shall disallow any application where the applicant has also filed a valid application for the senior citizens property tax credit, pursuant to sections 135.010 to 135.035, RSMo. Once adjusted tax liability, age, and income are verified, the director shall determine eligibility for the credit, and provide a list of all verified eligible owners to the county collectors or county clerks in counties with a township form of government by December fifteenth of each year. By January fifteenth, the county collectors or county clerks in counties with a township form of government shall provide a list to the department of any verified eligible owners who failed to pay the property tax due for the tax year that ended immediately prior. Such eligible owners shall be disqualified from receiving the credit in the current tax year.

              9. If application is made after 2005,] 6. Upon receipt of the applications, the department shall calculate the tax liability, verify compliance with the maximum income limit, verify the age of the applicants, and make adjustments to these numbers as necessary on the applications. The department also shall disallow any application where the applicant also has filed a valid application for the senior citizens property tax credit under sections 135.010 to 135.035, RSMo. Once adjusted tax liability, age, and income are verified, the director shall determine eligibility for the credit and provide a list of all verified eligible owners to the county assessors or county clerks in counties with a township form of government by December fifteenth of each year. By January fifteenth, the county assessors shall provide a list to the department of any verified eligible owners who made improvements not for accommodation of a disability to the homestead and the dollar amount of the assessed value of such improvements. If the dollar amount of the assessed value of such improvements totaled more than five percent of the prior year appraised value, such eligible owners shall be disqualified from receiving the credit in the current tax year.

              [10.] 7. The director shall calculate the level of appropriation necessary [to] and set the homestead exemption limit at five percent when based on a year of general reassessment or at two and one-half percent when based on a year without general reassessment for the homesteads of all verified eligible owners, and provide such calculation to the speaker of the house of representatives, the president pro tempore of the senate, and the director of the office of budget and planning in the office of administration by January thirty-first of each year.

              [11. For applications made in 2005, the general assembly shall make an appropriation for the funding of the homestead exemption credit that is signed by the governor, then the director shall, by July thirty-first of such year, set the homestead exemption limit. The limit shall be a single, statewide percentage increase to tax liability, rounded to the nearest hundredth of a percent, which, if applied to all homesteads of verified eligible owners who applied for the homestead exemption credit in the immediately prior tax year, would cause all but one-quarter of one percent of the amount of the appropriation, minus any withholding by the governor, to be distributed during that fiscal year. The remaining one-quarter of one percent shall be distributed to the county assessment funds of each county on a proportional basis, based on the number of eligible owners in each county; such one-quarter percent distribution shall be delineated in any such appropriation as a separate line item in the total appropriation.]

              8. If no appropriation is made by the general assembly during any tax year or no funds are actually distributed pursuant to any appropriation therefor, then no homestead preservation credit shall apply in such year.

              [12. After setting the homestead exemption limit for applications made in 2005, the director shall apply the limit to the homestead of each verified eligible owner and calculate the credit to be associated with each verified eligible owner's homestead, if any. The director shall send a list of those eligible owners who are to receive the homestead exemption credit, including the amount of each credit, the certified parcel number of the homestead, and the address of the homestead property, to the county collectors or county clerks in counties with a township form of government by August thirty-first. Pursuant to such calculation, the director shall instruct the state treasurer as to how to distribute the appropriation and assessment fund allocation to the county collector's funds of each county or the treasurer ex officio collector's fund in counties with a township form of government where recipients of the homestead exemption credit are located, so as to exactly offset each homestead exemption credit being issued, plus the one-quarter of one percent distribution for the county assessment funds. As a result of the appropriation, in no case shall a political subdivision receive more money than it would have received absent the provisions of this section plus the one-quarter of one percent distribution for the county assessment funds. Funds, at the direction of the county collector or the treasurer ex officio collector in counties with a township form of government, shall be deposited in the county collector's fund of a county or the treasurer ex officio collector's fund or may be sent by mail to the collector of a county, or the treasurer ex officio collector in counties with a township form of government, not later than October first in any year a homestead exemption credit is appropriated as a result of this section and shall be distributed as moneys in such funds are commonly distributed from other property tax revenues by the collector of the county or the treasurer ex officio collector of the county in counties with a township form of government, so as to exactly offset each homestead exemption credit being issued. In counties with a township form of government, the county clerk shall provide the treasurer ex officio collector a summary of the homestead exemption credit for each township for the purpose of distributing the total homestead exemption credit to each township collector in a particular county.

              13.] 9. If, in any given year after 2005, the general assembly shall make an appropriation for the funding of the homestead exemption credit that is signed by the governor, then the director shall[, by July thirty-first of such year, set the homestead exemption limit. The limit shall be a single, statewide percentage increase to tax liability, rounded to the nearest hundredth of a percent, which, if applied to all homesteads of verified eligible owners who applied for the homestead exemption credit in the immediately prior tax year, would cause all of the amount of the appropriation, minus any withholding by the governor, to be distributed during that fiscal year] determine the apportionment percentage by equally apportioning the appropriation among all eligible applicants on a percentage basis. If no appropriation is made by the general assembly during any tax year or no funds are actually distributed pursuant to any appropriation therefor, then no homestead preservation credit shall apply in such year.

              [14.] 10. After [setting the homestead exemption limit for applications made after 2005, the director shall apply the limit to the homestead of each verified eligible owner and] determining the apportionment percentage, the director shall calculate the credit to be associated with each verified eligible owner's homestead, if any. The director shall send a list of those eligible owners who are to receive the homestead exemption credit, including the amount of each credit, the certified parcel number of the homestead, and the address of the homestead property, to the county collectors or county clerks in counties with a township form of government by August thirty-first. Pursuant to such calculation, the director shall instruct the state treasurer as to how to distribute the appropriation to the county collector's fund of each county where recipients of the homestead exemption credit are located, so as to exactly offset each homestead exemption credit being issued. As a result of the appropriation, in no case shall a political subdivision receive more money than it would have received absent the provisions of this section. Funds, at the direction of the collector of the county or treasurer ex officio collector in counties with a township form of government, shall be deposited in the county collector's fund of a county or may be sent by mail to the collector of a county, or treasurer ex officio collector in counties with a township form of government, not later than October first in any year a homestead exemption credit is appropriated as a result of this section and shall be distributed as moneys in such funds are commonly distributed from other property tax revenues by the collector of the county or the treasurer ex officio collector of the county in counties with a township form of government, so as to exactly offset each homestead exemption credit being issued.

              [15.] 11. The department shall promulgate rules for implementation of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2004, shall be invalid and void. Any rule promulgated by the department shall in no way impact, affect, interrupt, or interfere with the performance of the required statutory duties of any county elected official, more particularly including the county collector when performing such duties as deemed necessary for the distribution of any homestead appropriation and the distribution of all other real and personal property taxes.

              [16.] 12. In the event that an eligible owner dies or transfers ownership of the property after the homestead exemption limit has been set in any given year, but prior to January first of the year in which the credit would otherwise be applied, the credit shall be void and any corresponding moneys[, pursuant to subsection 12 of this section,] shall lapse to the state to be credited to the general revenue fund. In the event the collector of the county or the treasurer ex officio collector of the county in counties with a township form of government determines prior to issuing the credit that the individual is not an eligible owner because the individual did not pay the prior three years' property tax liability in full, the credit shall be void and any corresponding moneys[, under subsection 11 of this section,] shall lapse to the state to be credited to the general revenue fund.

              [17. This section shall apply to all tax years beginning on or after January 1, 2005. This subsection shall become effective June 28, 2004.

              18.] 13. In accordance with the provisions of sections 23.250 to 23.298, RSMo, and unless otherwise authorized pursuant to section 23.253, RSMo:

              (1) Any new program authorized under the provisions of this section shall automatically sunset six years after the effective date of this section; and

              (2) This section shall terminate on September first of the year following the year in which any new program authorized under this section is sunset, and the revisor of statutes shall designate such sections and this section in a revision bill for repeal."; and


              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.


            On motion of Representative Portwood, House Amendment No. 13 was adopted.


            Representative Wood offered House Amendment No. 14.


House Amendment No. 14


AMEND House Committee Substitute for Senate Bill No. 30, Page 4, Section 67.997, by inserting after all of said section the following:


              "67.1016. 1. The governing body of any county of the second, third, or fourth classification may impose, by order or ordinance, a tax on the charges for all sleeping rooms paid by the transient guests of hotels or motels situated in the county or a portion thereof. The tax shall be not more than one cent per occupied room per night, and shall be imposed solely for the purpose of promoting tourism related activities in the county. The tax authorized in this section shall be in addition to the charge for the sleeping room and all other taxes imposed by law, and shall be stated separately from all other charges and taxes.

              2. No such order or ordinance shall become effective unless the governing body of the county submits to the voters of the county at a state general, primary, or special election a proposal to authorize the governing body of the county to impose a tax under this section. If a majority of the votes cast on the question by the qualified voters voting thereon are in favor of the question, then the tax shall become effective on the first day of the second calendar quarter following the calendar quarter in which the election was held. If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the question, then the tax shall not become effective unless and until the question is resubmitted under this section to the qualified voters of the county and such question is approved by a majority of the qualified voters voting on the question.

              3. All revenue generated by the tax shall be collected by the county collector of revenue, shall be deposited in a special trust fund, and shall be used solely for the designated purposes. If the tax is repealed, all funds remaining in the special trust fund shall continue to be used solely for the designated purposes. Any funds in the special trust fund that are not needed for current expenditures may be invested by the governing body in accordance with applicable laws relating to the investment of other county funds. Any interest and moneys earned on such investments shall be credited to the fund.

              4. Upon adoption of the tax under this section, there shall be established in each county adopting the tax a "Tourism Commission", to consist of five members appointed by the governing body of the county. No more than one member of the tourism commission shall be a member of the governing body of the county. Of the initial members appointed, two shall hold office for one year, two shall hold office for two years, and one shall hold office for three years. Members appointed after expiration of the initial terms shall be appointed to a three-year term. Each member may be reappointed. Vacancies shall be filled by appointment by the governing body of the county for the remainder of the unexpired term. The members shall not receive compensation for their services, but may be reimbursed for their actual and necessary expenses incurred in service of the tourism commission.

              5. The governing body of any county that has adopted the tax authorized in this section may submit the question of repeal of the tax to the voters on any date available for elections for the county. If a majority of the votes cast on the proposal are in favor of repeal, that repeal shall become effective on December thirty-first of the calendar year in which such repeal was approved. If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the repeal, then the tax authorized in this section shall remain effective until the question is resubmitted under this section to the qualified voters of the county, and the repeal is approved by a majority of the qualified voters voting on the question.

              6. Whenever the governing body of any county that has adopted the tax authorized in this section receives a petition, signed by a number of registered voters of the county equal to at least two percent of the number of registered voters of the county voting in the last gubernatorial election, calling for an election to repeal the tax imposed under this section, the governing body shall submit to the voters of the county a proposal to repeal the tax. If a majority of the votes cast on the question by the qualified voters voting thereon are in favor of the repeal, that repeal shall become effective on December thirty-first of the calendar year in which such repeal was approved. If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the repeal, then the tax shall remain effective until the question is resubmitted under this section to the qualified voters of the county and the repeal is approved by a majority of the qualified voters voting on the question.

              7. As used in this section, "transient guests" means a person or persons who occupy a room or rooms in a hotel or motel for thirty-one days or less during any calendar quarter.


              67.1360. The governing body of:

              (1) A city with a population of more than seven thousand and less than seven thousand five hundred;

              (2) A county with a population of over nine thousand six hundred and less than twelve thousand which has a total assessed valuation of at least sixty-three million dollars, if the county submits the issue to the voters of such county prior to January 1, 2003;

              (3) A third class city which is the county seat of a county of the third classification without a township form of government with a population of at least twenty-five thousand but not more than thirty thousand inhabitants;

              (4) Any fourth class city having, according to the last federal decennial census, a population of more than one thousand eight hundred fifty inhabitants but less than one thousand nine hundred fifty inhabitants in a county of the first classification with a charter form of government and having a population of greater than six hundred thousand but less than nine hundred thousand inhabitants;

              (5) Any city having a population of more than three thousand but less than eight thousand inhabitants in a county of the fourth classification having a population of greater than forty-eight thousand inhabitants;

              (6) Any city having a population of less than two hundred fifty inhabitants in a county of the fourth classification having a population of greater than forty-eight thousand inhabitants;

              (7) Any fourth class city having a population of more than two thousand five hundred but less than three thousand inhabitants in a county of the third classification having a population of more than twenty-five thousand but less than twenty-seven thousand inhabitants;

              (8) Any third class city with a population of more than three thousand two hundred but less than three thousand three hundred located in a county of the third classification having a population of more than thirty-five thousand but less than thirty-six thousand;

              (9) Any county of the second classification without a township form of government and a population of less than thirty thousand;

              (10) Any city of the fourth class in a county of the second classification without a township form of government and a population of less than thirty thousand;

              (11) Any county of the third classification with a township form of government and a population of at least twenty-eight thousand but not more than thirty thousand;

              (12) Any city of the fourth class with a population of more than one thousand eight hundred but less than two thousand in a county of the third classification with a township form of government and a population of at least twenty-eight thousand but not more than thirty thousand;

              (13) Any city of the third class with a population of more than seven thousand two hundred but less than seven thousand five hundred within a county of the third classification with a population of more than twenty-one thousand but less than twenty-three thousand;

              (14) Any fourth class city having a population of more than two thousand eight hundred but less than three thousand one hundred inhabitants in a county of the third classification with a township form of government having a population of more than eight thousand four hundred but less than nine thousand inhabitants;

              (15) Any fourth class city with a population of more than four hundred seventy but less than five hundred twenty inhabitants located in a county of the third classification with a population of more than fifteen thousand nine hundred but less than sixteen thousand inhabitants;

              (16) Any third class city with a population of more than three thousand eight hundred but less than four thousand inhabitants located in a county of the third classification with a population of more than fifteen thousand nine hundred but less than sixteen thousand inhabitants;

              (17) Any fourth class city with a population of more than four thousand three hundred but less than four thousand five hundred inhabitants located in a county of the third classification without a township form of government with a population greater than sixteen thousand but less than sixteen thousand two hundred inhabitants;

              (18) Any fourth class city with a population of more than two thousand four hundred but less than two thousand six hundred inhabitants located in a county of the first classification without a charter form of government with a population of more than fifty-five thousand but less than sixty thousand inhabitants;

              (19) Any fourth class city with a population of more than two thousand five hundred but less than two thousand six hundred inhabitants located in a county of the third classification with a population of more than nineteen thousand one hundred but less than nineteen thousand two hundred inhabitants;

              (20) Any county of the third classification without a township form of government with a population greater than sixteen thousand but less than sixteen thousand two hundred inhabitants;

              (21) Any county of the second classification with a population of more than forty-four thousand but less than fifty thousand inhabitants;

              (22) Any third class city with a population of more than nine thousand five hundred but less than nine thousand seven hundred inhabitants located in a county of the first classification without a charter form of government and with a population of more than one hundred ninety-eight thousand but less than one hundred ninety-eight thousand two hundred inhabitants;

              (23) Any city of the fourth classification with more than five thousand two hundred but less than five thousand three hundred inhabitants located in a county of the third classification without a township form of government and with more than twenty-four thousand five hundred but less than twenty-four thousand six hundred inhabitants;

              (24) Any third class city with a population of more than nineteen thousand nine hundred but less than twenty thousand in a county of the first classification without a charter form of government and with a population of more than one hundred ninety-eight thousand but less than one hundred ninety-eight thousand two hundred inhabitants;

              (25) Any city of the fourth classification with more than two thousand six hundred but less than two thousand seven hundred inhabitants located in any county of the third classification without a township form of government and with more than fifteen thousand three hundred but less than fifteen thousand four hundred inhabitants;

              (26) Any county of the third classification without a township form of government and with more than fourteen thousand nine hundred but less than fifteen thousand inhabitants;

              (27) Any city of the fourth classification with more than five thousand four hundred but fewer than five thousand five hundred inhabitants and located in more than one county;

              (28) Any city of the fourth classification with more than six thousand three hundred but fewer than six thousand five hundred inhabitants and located in more than one county;

              (29) Any city of the fourth classification with more than seven thousand seven hundred but less than seven thousand eight hundred inhabitants located in a county of the first classification with more than ninety-three thousand eight hundred but less than ninety-three thousand nine hundred inhabitants;

              (30) Any city of the fourth classification with more than two thousand nine hundred but less than three thousand inhabitants located in a county of the first classification with more than seventy-three thousand seven hundred but less than seventy-three thousand eight hundred inhabitants; [or]

              (31) Any city of the third classification with more than nine thousand three hundred but less than nine thousand four hundred inhabitants "or";

may impose a tax on the charges for all sleeping rooms paid by the transient guests of hotels, motels, bed and breakfast inns and campgrounds and any docking facility which rents slips to recreational boats which are used by transients for sleeping, which shall be at least two percent, but not more than five percent per occupied room per night, except that such tax shall not become effective unless the governing body of the city or county submits to the voters of the city or county at a state general, primary or special election, a proposal to authorize the governing body of the city or county to impose a tax pursuant to the provisions of this section and section 67.1362. The tax authorized by this section and section 67.1362 shall be in addition to any charge paid to the owner or operator and shall be in addition to any and all taxes imposed by law and the proceeds of such tax shall be used by the city or county solely for funding the promotion of tourism. Such tax shall be stated separately from all other charges and taxes.

              (32) Any city of the fourth classification with more than three thousand eight hundred but fewer than three thousand nine hundred inhabitants and located in any county of the first classification with more than thirty-nine thousand seven hundred but fewer than thirty-nine thousand eight hundred inhabitants;"; and


              Further amend said substitute, Section B, Page 29, Line 3, by inserting after the word "act" the following:


              ", and immediate action is necessary to meet an electoral deadline the repeal and reenactment of section 67.1360 of this act"; and


              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.


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


            Representative Sutherland offered House Amendment No. 15.


House Amendment No. 15


AMEND House Committee Substitute for Senate Bill No. 30, Section 144.054, Page 18, Line 27, by inserting after all of said section, the following:


              "144.083. 1. The director of revenue shall require all persons who are responsible for the collection of taxes under the provisions of section 144.080 to procure a retail sales license at no cost to the licensee which shall be prominently displayed at [his] the licensee's place of business, and the license is valid until revoked by the director or surrendered by the person to whom issued when sales are discontinued. The director shall issue the retail sales license within ten working days following the receipt of a properly completed application. Any person applying for a retail sales license or reinstatement of a revoked sales tax license who owes any tax under sections 144.010 to 144.510 or sections 143.191 to 143.261, RSMo, must pay the amount due plus interest and penalties before the department may issue the applicant a license or reinstate the revoked license. All persons beginning business subsequent to August 13, 1986, and who are required to collect the sales tax shall secure a retail sales license prior to making sales at retail. Such license may, after ten days' notice, be revoked by the director of revenue only in the event the licensee shall be in default for a period of sixty days in the payment of any taxes levied under section 144.020 or sections 143.191 to 143.261, RSMo. Notwithstanding the provisions of section 32.057, RSMo, in the event of revocation, the director of revenue may publish the status of the business account including the date of revocation in a manner as determined by the director.

              2. The possession of a retail sales license and a statement from the department of revenue that the licensee owes no tax due under sections 144.010 to 144.510 or sections 143.191 to 143.261, RSMo, shall be a prerequisite to the issuance or renewal of any city or county occupation license or any state license which is required for conducting any business where goods are sold at retail. The date of issuance on the statement that the licensee owes no tax due shall be no more than ninety days before the date of submission for application or renewal of the local license. The revocation of a retailer's license by the director shall render the occupational license or the state license null and void.

              3. No person responsible for the collection of taxes under section 144.080 shall make sales at retail unless such person is the holder of a valid retail sales license. After all appeals have been exhausted, the director of revenue may notify the county or city law enforcement agency representing the area in which the former licensee's business is located that the retail sales license of such person has been revoked, and that any county or city occupation license of such person is also revoked. The county or city may enforce the provisions of this section, and may prohibit further sales at retail by such person.

              4. In addition to the provisions of subsection 2 of this section, beginning January 1, 2009, the possession of a statement from the department of revenue stating no tax is due under sections 143.191 to 143.265, RSMo, or sections 144.010 to 144.510, shall also be a prerequisite to the issuance or renewal of any city or county occupation license or any state license required for conducting any business where goods are sold at retail. The statement of no tax due shall be dated no longer than sixty days before the date of submission for application or renewal of the city or county license.

              5. Notwithstanding any law or rule to the contrary, sales tax shall only apply to the sale price paid by the final purchaser and not to any off-invoice discounts or other pricing discounts or mechanisms negotiated between manufacturers, wholesalers, and retailers."; and


              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.


            On motion of Representative Sutherland, House Amendment No. 15 was adopted.


            Representative Harris (23) offered House Amendment No. 16.


House Amendment No. 16


AMEND House Committee Substitute for Senate Bill No. 30, Section 143.006, Page 9, Line 15, by inserting after all of said section, the following:


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

              2. There shall be added to the taxpayer's federal adjusted gross income:

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

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

              (c) The amount of any deduction that is included in the computation of federal taxable income pursuant to Section 168 of the Internal Revenue Code as amended by the Job Creation and Worker Assistance Act of 2002 to the extent the amount deducted relates to property purchased on or after July 1, 2002, but before July 1, 2003, and to the extent the amount deducted exceeds the amount that would have been deductible pursuant to Section 168 of the Internal Revenue Code of 1986 as in effect on January 1, 2002; and

              (d) The amount of any deduction that is included in the computation of federal taxable income for net operating loss allowed by Section 172 of the Internal Revenue Code of 1986, as amended, other than the deduction allowed by Section 172(b)(1)(G) and Section 172(I) of the Internal Revenue Code of 1986, as amended, for a net operating loss the taxpayer claims in the tax year in which the net operating loss occurred or carries forward for a period of more than twenty years and carries backward for more than two years. Any amount of net operating loss taken against federal taxable income but disallowed for Missouri income tax purposes pursuant to this paragraph after June 18, 2002, may be carried forward and taken against any income on the Missouri income tax return for a period of not more than twenty years from the year of the initial loss.

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

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

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

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

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

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

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

              (g) The amount that would have been deducted in the computation of federal taxable income pursuant to Section 168 of the Internal Revenue Code as in effect on January 1, 2002, to the extent that amount relates to property purchased on or after July 1, 2002, but before July 1, 2003, and to the extent that amount exceeds the amount actually deducted pursuant to Section 168 of the Internal Revenue Code as amended by the Job Creation and Worker Assistance Act of 2002;

              (h) For all tax years beginning on or after January 1, 2005, the amount of any income received for military service while the taxpayer serves in a combat zone which is included in federal adjusted gross income and not otherwise excluded therefrom. As used in this section, "combat zone" means any area which the President of the United States by Executive Order designates as an area in which armed forces of the United States are or have engaged in combat. Service is performed in a combat zone only if performed on or after the date designated by the President by Executive Order as the date of the commencing of combat activities in such zone, and on or before the date designated by the President by Executive Order as the date of the termination of combatant activities in such zone; [and]

              (i) For all tax years ending on or after July 1, 2002, with respect to qualified property that is sold or otherwise disposed of during a taxable year by a taxpayer and for which an addition modification was made under paragraph (c) of subsection 2 of this section, the amount by which addition modification made under paragraph (c) of subsection 2 of this section on qualified property has not been recovered through the additional subtractions provided in paragraph (g) of this subsection;

              (j) For all tax years beginning on or after January 1, 2007, the amount of any tuition the taxpayer pays for a student who has completed high school to attend any public institution of postsecondary education, including a university, college, vocational and technical school, and other postsecondary institutions, located within this state.

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

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

              6. In addition to the modifications to a taxpayer's federal adjusted gross income in this section, to calculate Missouri adjusted gross income there shall be subtracted from the taxpayer's federal adjusted gross income any gain recognized pursuant to Section 1033 of the Internal Revenue Code of 1986, as amended, arising from compulsory or involuntary conversion of property as a result of condemnation or the imminence thereof."; and


              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.


            Representative Bearden offered House Amendment No. 1 to House Amendment No. 16.


House Amendment No. 1

to

House Amendment No. 16


AMEND House Amendment No. 16 to House Committee Substitute for Senate Bill No. 30, Page 4, Line 4, by inserting after the word, "public" the words, "or private"; and


              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.


            HCS SB 30, as amended, with House Amendment No. 1 to House Amendment No. 16 and House Amendment No. 16, pending, was laid over.


THIRD READING OF HOUSE BILLS


            HB 916, relating to a tax exemption on bingo pull-tabs, was taken up by Representative Dougherty.


            On motion of Representative Dougherty, HB 916 was read the third time and passed by the following vote:


AYES: 146

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Day

Deeken

Dempsey

Denison

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Franz

Funderburk

George

Grill

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Page

Parson

Pearce

Pollock

Portwood

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 009

 

 

 

 

 

 

 

 

 

Baker 25

Cooper 155

Daus

Davis

Dethrow

Frame

Grisamore

Oxford

Wright-Jones

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

Brown 30

Bruns

Johnson

Kratky

Marsh

Pratt

Scavuzzo

Spreng

 

 


            Representative St. Onge declared the bill passed.


            HCS HB 329, relating to debt adjusters, was taken up by Representative Cunningham (145).


            Representative Dempsey moved the previous question.


            Which motion was adopted by the following vote:


AYES: 087

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Bivins

Brandom

Cooper 120

Cooper 155

Cox

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Funderburk

Grisamore

Guest

Hobbs

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Kraus

Lembke

Lipke

Loehner

May

McGhee

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Onder

Parson

Pearce

Pollock

Portwood

Quinn 7

Richard

Robb

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Stream

Sutherland

Thomson

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 065

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bowman

Bringer

Brown 50

Burnett

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

El-Amin

Fallert

Frame

George

Grill

Harris 23

Harris 110

Haywood

Hodges

Holsman

Hoskins

Hubbard

Hughes

Johnson

Komo

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

McClanahan

Meadows

Meiners

Nasheed

Norr

Oxford

Page

Robinson

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Shively

Skaggs

Storch

Swinger

Talboy

Villa

Vogt

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zimmerman

Zweifel

 

 

 

 

 

PRESENT: 004

 

 

 

 

 

 

 

 

 

Casey

Dougherty

Quinn 9

Todd

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

Brown 30

Bruns

Cooper 158

Kratky

Marsh

Pratt

Spreng

 

 

 


            On motion of Representative Cunningham (145), HCS HB 329 was read the third time and passed by the following vote:


AYES: 091

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Bivins

Brandom

Cooper 120

Cooper 155

Cooper 158

Cox

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Funderburk

Grisamore

Guest

Hobbs

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Kraus

Lembke

Liese

Lipke

Loehner

May

McGhee

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Onder

Parson

Pearce

Pollock

Portwood

Quinn 7

Richard

Robb

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Stream

Sutherland

Thomson

Threlkeld

Tilley

Viebrock

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 159

Yates

Young

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 065

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bowman

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

El-Amin

Fallert

Frame

George

Grill

Harris 23

Harris 110

Haywood

Hodges

Holsman

Hoskins

Hubbard

Hughes

Johnson

Komo

Kuessner

Lampe

LeVota

Low 39

Lowe 44

McClanahan

Meadows

Meiners

Norr

Oxford

Page

Quinn 9

Robinson

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Shively

Skaggs

Storch

Swinger

Talboy

Todd

Villa

Vogt

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Zimmerman

Zweifel

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

Brown 30

Bruns

Kratky

Marsh

Pratt

Spreng

Wallace

 

 

 


            Representative St. Onge declared the bill passed.


            HCS HB 98, relating to elderly transportation services, was taken up by Representative Parson.


            On motion of Representative Parson, HCS HB 98 was read the third time and passed by the following vote:


AYES: 154

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Brandom

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Cooper 155

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Funderburk

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

Bowman

Brown 30

Bruns

Cooper 120

Cooper 158

Kratky

Marsh

Pratt

Spreng

 


            Representative St. Onge declared the bill passed.


            HCS HB 461, relating to the State Water Patrol, was taken up by Representative Cooper (155).


            On motion of Representative Cooper (155), HCS HB 461 was read the third time and passed by the following vote:


AYES: 155

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Funderburk

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

Brown 30

Bruns

Cooper 158

Hunter

Kratky

Marsh

Pratt

Spreng

 

 


            Representative St. Onge declared the bill passed.


            The emergency clause was adopted by the following vote:


AYES: 146

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Brandom

Bringer

Brown 50

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Funderburk

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 010

 

 

 

 

 

 

 

 

 

Bowman

Burnett

Daus

George

Hughes

Johnson

Skaggs

Talboy

Vogt

Wright-Jones

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

Brown 30

Bruns

Kratky

Lowe 44

Marsh

Pratt

Spreng

 

 

 


            HB 134, relating to equipment grants, was taken up by Representative Guest.


            On motion of Representative Guest, HB 134 was read the third time and passed by the following vote:


AYES: 125

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bearden

Bivins

Bland

Brandom

Bringer

Brown 50

Casey

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Franz

Funderburk

Grill

Grisamore

Guest

Harris 110

Hobbs

Hodges

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lembke

Liese

Lipke

Loehner

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Onder

Parson

Pearce

Pollock

Portwood

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Stream

Sutherland

Swinger

Thomson

Threlkeld

Tilley

Todd

Viebrock

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Yaeger

Yates

Mr Speaker

 

 

 

 

 

NOES: 031

 

 

 

 

 

 

 

 

 

Baker 25

Burnett

Chappelle-Nadal

Curls

Donnelly

Frame

George

Harris 23

Haywood

Holsman

Hoskins

Hubbard

Hughes

Johnson

Lampe

LeVota

Low 39

Lowe 44

Nasheed

Norr

Oxford

Page

Skaggs

Storch

Talboy

Villa

Vogt

Wright-Jones

Young

Zimmerman

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

Bowman

Brown 30

Bruns

Kratky

Marsh

Pratt

Spreng

 

 

 


            Representative St. Onge declared the bill passed.




THIRD READING OF HOUSE BILLS - APPROPRIATIONS


            HCS HB 17, relating to appropriations, was taken up by Representative Icet.


            On motion of Representative Icet, HCS HB 17 was read the third time and passed by the following vote:


AYES: 108

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Bivins

Brandom

Bringer

Cooper 155

Cooper 158

Cox

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Funderburk

Grisamore

Guest

Harris 110

Haywood

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Kraus

Lampe

Lembke

Lipke

Loehner

May

McClanahan

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Norr

Onder

Page

Parson

Pearce

Pollock

Portwood

Quinn 7

Richard

Robb

Robinson

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Stream

Sutherland

Swinger

Thomson

Threlkeld

Tilley

Viebrock

Villa

Wallace

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Wood

Wright 159

Yates

Young

Zimmerman

Mr Speaker

 

 

 

 

 

 

 

NOES: 048

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bowman

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

Fallert

Frame

George

Grill

Harris 23

Hodges

Holsman

Hughes

Johnson

Komo

Kuessner

LeVota

Liese

Low 39

Lowe 44

Meadows

Nasheed

Oxford

Quinn 9

Roorda

Scavuzzo

Schieffer

Schoemehl

Shively

Skaggs

Storch

Talboy

Todd

Vogt

Walsh

Walton

Witte

Wright-Jones

Yaeger

Zweifel

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

Brown 30

Bruns

Cooper 120

Kratky

Marsh

Pratt

Spreng

 

 

 


            Representative St. Onge declared the bill passed.


            HCS HB 18, relating to appropriations, was taken up by Representative Icet.


            On motion of Representative Icet, HCS HB 18 was read the third time and passed by the following vote:


AYES: 154

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Funderburk

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

Brown 30

Bruns

Cooper 120

Denison

Kratky

Marsh

Pratt

Rucker

Spreng

 


            Representative St. Onge declared the bill passed.




PERFECTION OF HOUSE BILL


            HCS HB 948, relating to genetic and metabolic screenings, was taken up by Representative Schaaf.


            On motion of Representative Schaaf, HCS HB 948 was adopted.


            On motion of Representative Schaaf, HCS HB 948 was ordered perfected and printed.


THIRD READING OF SENATE BILLS


            HCS SB 30, with House Amendment No. 1 to House Amendment No. 16 and House Amendment No. 16, pending, relating to taxation, was again taken up by Representative Stevenson.


            Representative Talboy offered House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 16.


            Representative Dempsey raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 16 is out of order pursuant to House Rule 119 and the Rules of the United States House of Representatives.


            Representative St. Onge requested a parliamentary ruling.


            The Parliamentary Committee ruled the point of order well taken.


            On motion of Representative Bearden, House Amendment No. 1 to House Amendment No. 16 was adopted.


            Representative Talboy offered House Substitute Amendment No. 1 for House Amendment No. 16, as amended.


House Substitute Amendment No. 1

for

House Amendment No. 16


AMEND House Committee Substitute for Senate Bill No. 30, Section 143.006, Page 9, Line 15, by inserting after all of said section, the following:


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

              2. There shall be added to the taxpayer's federal adjusted gross income:

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

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

              (c) The amount of any deduction that is included in the computation of federal taxable income pursuant to Section 168 of the Internal Revenue Code as amended by the Job Creation and Worker Assistance Act of 2002 to the extent the amount deducted relates to property purchased on or after July 1, 2002, but before July 1, 2003, and to the extent the amount deducted exceeds the amount that would have been deductible pursuant to Section 168 of the Internal Revenue Code of 1986 as in effect on January 1, 2002; and

              (d) The amount of any deduction that is included in the computation of federal taxable income for net operating loss allowed by Section 172 of the Internal Revenue Code of 1986, as amended, other than the deduction allowed by Section 172(b)(1)(G) and Section 172(i) of the Internal Revenue Code of 1986, as amended, for a net operating loss the taxpayer claims in the tax year in which the net operating loss occurred or carries forward for a period of more than twenty years and carries backward for more than two years. Any amount of net operating loss taken against federal taxable income but disallowed for Missouri income tax purposes pursuant to this paragraph after June 18, 2002, may be carried forward and taken against any income on the Missouri income tax return for a period of not more than twenty years from the year of the initial loss.

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

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

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

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

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

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

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

              (g) The amount that would have been deducted in the computation of federal taxable income pursuant to Section 168 of the Internal Revenue Code as in effect on January 1, 2002, to the extent that amount relates to property purchased on or after July 1, 2002, but before July 1, 2003, and to the extent that amount exceeds the amount actually deducted pursuant to Section 168 of the Internal Revenue Code as amended by the Job Creation and Worker Assistance Act of 2002;

              (h) For all tax years beginning on or after January 1, 2005, the amount of any income received for military service while the taxpayer serves in a combat zone which is included in federal adjusted gross income and not otherwise excluded therefrom. As used in this section, "combat zone" means any area which the President of the United States by Executive Order designates as an area in which armed forces of the United States are or have engaged in combat. Service is performed in a combat zone only if performed on or after the date designated by the President by Executive Order as the date of the commencing of combat activities in such zone, and on or before the date designated by the President by Executive Order as the date of the termination of combatant activities in such zone; [and]

              (i) For all tax years ending on or after July 1, 2002, with respect to qualified property that is sold or otherwise disposed of during a taxable year by a taxpayer and for which an addition modification was made under paragraph (c) of subsection 2 of this section, the amount by which addition modification made under paragraph (c) of subsection 2 of this section on qualified property has not been recovered through the additional subtractions provided in paragraph (g) of this subsection;

              (j) For all tax years beginning on or after January 1, 2007, the amount of any tuition the taxpayer pays for a student who has completed high school to attend any public or private institution, except any private institution that has an employee or consultant that is a member of the Missouri General Assembly or that has an employee that is a registered sex offender, of postsecondary education, including a university, college, vocational and technical school, and other postsecondary institutions, located within this state.

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

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

              6. In addition to the modifications to a taxpayer's federal adjusted gross income in this section, to calculate Missouri adjusted gross income there shall be subtracted from the taxpayer's federal adjusted gross income any gain recognized pursuant to Section 1033 of the Internal Revenue Code of 1986, as amended, arising from compulsory or involuntary conversion of property as a result of condemnation or the imminence thereof."; and


              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.


            Representative Yates offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 16, as amended.


House Amendment No. 1

to

House Substitute Amendment No. 1

for

House Amendment No. 16


AMEND House Substitute Amendment No. 1 for House Amendment No. 16, as amended, to House Committee Substitute for Senate Bill No. 30, Page 4, Line 4, after the first use of the word, "that", by deleting the words, "has an employee or consultant that is a member of the Missouri General Assembly or that"; and


              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.


            Representative Darrough raised a point of order that House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 16, as amended, is in the third degree.


            Representative St. Onge requested a parliamentary ruling.


            The Parliamentary Committee ruled the point of order not well taken.


            On motion of Representative Yates, House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 16, as amended, was adopted by the following vote:


AYES: 110

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Brandom

Brown 50

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Davis

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Franz

Funderburk

Grisamore

Guest

Hobbs

Hodges

Hubbard

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Lampe

Lembke

Lipke

Loehner

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Page

Parson

Pearce

Pollock

Portwood

Quinn 7

Richard

Robb

Robinson

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoeller

Schoemehl

Self

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Stream

Sutherland

Thomson

Threlkeld

Tilley

Viebrock

Villa

Wallace

Walsh

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 033

 

 

 

 

 

 

 

 

 

Bland

Bowman

Bringer

Burnett

Casey

Chappelle-Nadal

Curls

Daus

Donnelly

Frame

George

Harris 23

Harris 110

Hoskins

Hughes

Johnson

Kuessner

LeVota

Liese

Lowe 44

McClanahan

Quinn 9

Schieffer

Shively

Skaggs

Swinger

Talboy

Todd

Vogt

Walton

Wildberger

Witte

Young

 

 

 

 

 

 

 

PRESENT: 006

 

 

 

 

 

 

 

 

 

Grill

Holsman

Low 39

Meadows

Oxford

Roorda