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Journal of the House


First Regular Session, 93rd General Assembly




THIRTY-SIXTH DAY, Wednesday, March 9, 2005

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Reverend James Earl Jackson.


              Heavenly Father, Your Word declares, “the Earth is the Lord’s and all it contains. You have founded it upon the seas and established it upon the rivers.” Who can stand before Your greatness and defy Your goodness?


              May our actions be without fault, our attitude and motives pure, our pursuits without deception and our words without hypocrisy.


              Lead us in truth, instruct us in Your ways and pardon our missteps.


              May we follow after humility, justice and truth as we continue the path to a successful and profitable session.


              Now may the grace of our Lord rest and abide with each of us throughout this day.


              In the exulted name of Your Son we pray. 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: Christina Moseley, Jocyelynn Straw, Robert Owen, Tiffany Daniels, Axton Harding, Charity Franklin, Daniel Sanders, Kiley Williams, Ashley Kanak, Cheyenne Wilson, Isaac Dunigan and Jessica Marie Smith.


            The Journal of the thirty-fifth day was approved as printed.


SPECIAL RECOGNITION


            Athletes and administrators from Hickman High School, Columbia, Missouri, were introduced by Representative Harris (23). The Hickman Kewpies Football Team was recognized for attaining the 2004 Class 6A State Championship; Tim Cornell was recognized as Class 4A Individual Cross Country State Champion; and Tony Pescalgia was recognized as Class 4A State Wrestling Champion.




HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 1124 - Representative Cooper (158)

            House Resolution No. 1125

                        and

            House Resolution No. 1126 - Representatives Harris (110) and Kuessner

            House Resolution No. 1127 - Representative Liese

            House Resolution No. 1128 - Representative Cooper (158)

            House Resolution No. 1129 - Representative Jones


SECOND READING OF HOUSE BILLS

            HB 726 through HB 737 were read the second time.


SECOND READING OF SENATE BILLS


            SB 173 and SS SCS SB 179 were read the second time.


THIRD READING OF HOUSE BILL - CONSENT


            HCS HB 135, relating to business use incentives, was taken up by Representative Richard.


            On motion of Representative Richard, HCS HB 135 was read the third time and passed by the following vote:


AYES: 151

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Baker 25

Barnitz

Bearden

Behnen

Bivins

Black

Bland

Bringer

Brown 30

Brown 50

Bruns

Burnett

Byrd

Chappelle-Nadal

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 110

Harris 23

Haywood

Henke

Hobbs

Hoskins

Hughes

Hunter

Icet

Jackson

Johnson 47

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 001

 

 

 

 

 

 

 

 

 

Darrough

 

 

 

 

 

 

 

 

 

PRESENT: 002

 

 

 

 

 

 

 

 

 

Brooks

Johnson 61

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

Bean

Bowman

Boykins

Dusenberg

El-Amin

Hubbard

Johnson 90

Yaeger

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


PERFECTION OF HOUSE BILLS


            HCS HB 186, relating to transient guest tax and food sales tax, was taken up by Representative Emery.


            Representative Pollock offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for House Bill No. 186, Page 1, In the Title, Lines 2 and 3, by deleting all of said lines and inserting in lieu thereof the following:


              "To amend chapters 67 and 94, RSMo, by adding thereto two new sections relating to local taxes, with an emergency clause for a certain section."; and


              Further amend said bill, Page 1, Section A, Lines 1 and 2, by deleting all of said lines and inserting in lieu thereof the following:


              "Section A. Chapters 67 and 94, RSMo, are amended by adding thereto two new sections, to be known as sections 67.1305 and 94.838, to read as follows:


              67.1305. 1. As used in this section, the term "city" shall mean any incorporated city, town, or village.

              2. In lieu of the sales taxes authorized under sections 67.1100 and 67.1303. The governing body of any city or county may impose, by order or ordinance, a sales tax on all retail sales made in the city or county which are subject to sales tax under chapter 144, RSMo. The tax authorized in this section shall not he more than one-half of one percent. The order or ordinance imposing the tax shall not become effective unless the governing body of the city or county submits to the voters of the city or county at any citywide, county or state general, primary or special election a proposal to authorize the governing body to impose a tax under this section. The tax authorized in this section shall be in addition to all other sales taxes imposed by law, and shall be stated separately from all other charges and taxes. The tax authorized in this section shall not be imposed by any city or county that has imposed a tax under section 67.1300 or 67.1303 unless the tax imposed under those sections has expired or been repealed.

              3. The ballot of submission for the tax authorized in this section shall Be in substantially the following form:

              Shall .......... (insert the name of the city or county) impose a sales tax at a rate of ........... (insert rate of percent) percent for economic development purposes?

                                           □ YES                                               □ NO


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 and such question is approved by a majority of the qualified voters voting on the question, provided that no proposal shall be resubmitted to the voters sooner than twelve months from the date of the submission of the last proposal.

              4. All sales taxes collected by the director of revenue under this section on behalf of any county or municipality, less one percent for cost of collection which shall be deposited in the state's general revenue fund after payment of premiums for surety bonds as provided in section 32.087, RSMo, shall be deposited in a special trust fund, which is hereby created, to be known as the "Local Option Economic Development Sales Tax Trust Fund".

              5. The moneys in the local option economic development sales tax trust fund shall not be deemed to be state funds and shall not be commingled with any funds of the state. The director of revenue shall keep accurate records of the amount of money in the trust fund and which was collected in each city or county imposing a sales tax pursuant to this section, and the records shall be open to the inspection of officers of the city or county and the public.

              6. Not later than the tenth day of each month the director of revenue shall distribute all moneys deposited in the trust fund during the preceding month to the city or county which levied the tax. Such funds shall be deposited with the county treasurer of each such county or the appropriate municipal officer in the case of a municipal tax, and all expenditures of funds arising from the local economic development sales tax trust fund shall be in accordance with this section.

              7. The director of revenue may authorize the state treasurer to make refunds from the amounts in the trust fund and credited to any city or county for erroneous payments and overpayments made, and may redeem dishonored checks and drafts deposited to the credit of such cities and counties.

              8. If any county or municipality abolishes the tax, the city or county shall notify the director of revenue of the action at least ninety days prior to the effective date of the repeal and the director of revenue may order retention in the trust fund, for a period of one year, of two percent of the amount collected after receipt of such notice to cover possible refunds or overpayment of the tax and to redeem dishonored checks and drafts deposited to the credit of such accounts. After one year has elapsed after the effective date of abolition of the tax in such city or county, the director of revenue shall remit the balance in the account to the city or county and close the account of that city or county. The director of revenue shall notify each city or county of each instance of any amount refunded or any check redeemed from receipts due the city or county.

              9. Except as modified in this section, all provisions of sections 32.085 and 32.087, RSMo, shall apply to the tax imposed pursuant to this section.

              10. (1) No revenue generated by the tax authorized in this section shall be used for any retail development project, except for the redevelopment of downtown areas and historic districts. Not more than twenty-five percent of the revenue generated shall be used annually for administrative purposes, including staff and facility costs.

              (2) At least twenty percent of the revenue generated by the tax authorized in this section shall be used solely for projects directly related to long-term economic development preparation, including, but not limited to, the following:

              (a) Acquisition of land;

              (b) Installation of infrastructure for industrial or business parks;

              (c) Improvement of water and wastewater treatment capacity;

              (d) Extension of streets;

              (e) Public facilities directly related to economic development and job creation; and

              (f) Providing matching dollars for state or federal grants relating to such long-term projects;

              (3) The remaining revenue generated by the tax authorized in this section may be used for, but shall not be limited to, the following:

              (a) Marketing;

              (b) Providing grants and loans to companies for job training, equipment acquisition, site development, and infrastructures;

              (c) Training programs to prepare workers for advanced technologies and high skill jobs;

              (d) Legal and accounting expenses directly associated with the economic development planning and preparation process;

              (e) Developing value-added and export opportunities for Missouri agricultural products.

              11. All revenue generated by the tax 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 which are not needed for current expenditures may be invested by the governing body in accordance with applicable laws relating to the investment of other city or county funds.

              12. Any city or county imposing the tax authorized in this section shall establish an economic development tax board. The volunteer board shall receive no compensation or operating budget.

              (1) The economic development tax board established by a city and shall consist of five members, to be appointed as follows:

              (a) One member shall be appointed by the school districts included within any economic development plan or area funded by the sales tax authorized in this section. Such members shall be appointed in any manner agreed upon by the affected districts;

              (b) Three members shall be appointed by the chief elected officer of the city with the consent of the majority of the governing body of the city;

              (c) One member shall be appointed by the governing body of the county in which the city is located.

              (2) The economic development tax board established by a county shall consist of seven members, to be appointed as follows:

              (a) One member shall be appointed by the school districts included within any economic development plan or area funded by the sales tax authorized in this section. Such members shall be appointed in any manner agreed upon by the affected districts;

              (b) Four members shall be appointed by the governing body of the county; and

              (c) Two members from the cities, towns, or villages within the county appointed in any manner agreed upon by the chief elected officers of the cities or villages.


Of the members initially appointed, three shall be designated to serve for terms of two years, and the remaining members shall be designated to serve for a term of four years from the date of such initial appointments. Thereafter, the members appointed shall serve for a term of four years, except that all vacancies shall be filled for unexpired terms in the same manner as were the original appointments.

              13. The board, subject to approval of the governing body of the city or county, shall consider economic development plans, economic development projects, or designations of an economic development area, and shall hold public hearings and provide notice of any such hearings. The board shall vote on all proposed economic development plans, economic development projects, or designations of an economic development area, and amendments thereto, within thirty days following completion of the hearing on any such plan, project, or designation, and shall make recommendations to the governing body within ninety days of the hearing concerning the adoption of or amendment to economic development plans, economic development projects, or designations of an economic development area. The governing body of the city or county shall have the final determination on use and expenditure of any funds received from the tax imposed under this section.

              14. The board may consider and recommend using funds received from the tax imposed under this section for plans, projects or area designations outside the boundaries of the city or county imposing the tax if, and only if:

              (1) The city or county imposing the tax or the state receives significant economic benefit from the plan, project or area designation; and

              (2) The board establishes an agreement with the governing bodies of all cities and counties in which the plan, project or area designation is located detailing the authority and responsibilities of each governing body with regard to the plan, project or area designation.

              15. Notwithstanding any other provision of law to the contrary, the economic development sales tax imposed under this section when imposed within a special taxing district, including, but not limited to a tax increment financing district, neighborhood improvement district, or community improvement district, shall be excluded from the calculation of revenues available to such districts, and no revenues from any sales tax imposed under this section shall be used for the purposes of any such district unless recommended by the economic development tax board established under this section and approved by the governing body imposing the tax.

              16. The board and the governing body of the city or county imposing the tax shall report at least annually to the governing body of the city or county on the use of the funds provided under this section and on the progress of any plan, project, or designation adopted under this section and shall make such report available to the public.

              17. Not later than the first day of March each year the board shall submit to the joint committee on economic development a report, not exceeding one page in length, which must include the following information for each project using the tax authorized under this section:

              (1) A statement of its primary economic development goals;

              (2) A statement of the total economic development sales tax revenues received during the immediately preceding calendar year;

              (3) A statement of total expenditures during the preceding calendar year in each of the following categories:

(a) Infrastructure improvements;

              (b) Land and or buildings;

              (c) Machinery and equipment;

              (d) Job training investments;

              (e) Direct business incentives;

              (f) Marketing;

              (g) Administration and legal expenses; and

              (h) Other expenditures.

              18. The governing body of any city or county that has adopted the sales 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 city or county. The ballot of submission shall be in substantially the following form:

              Shall ........... (insert the name of the city or county) repeal the sales tax imposed at a rate of ......... (insert rate of percent) percent for economic development purposes?

                                           □ YES                                                NO


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 sales tax authorized in this section shall remain effective until the question is resubmitted under this section to the qualified voters of the city or county, and the repeal is approved by a majority of the qualified voters voting on the question.

              19. Whenever the governing body of any city or county that has adopted the sales tax authorized in this section receives a petition, signed by ten percent of the registered voters of the city or county voting in the last gubernatorial election, calling for an election to repeal the sales tax imposed under this section, the governing body shall submit to the voters 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 and the repeal is approved by a majority of the qualified voters voting on the question.

              20. If any provision of this section or section 67.1303 or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or application of this section or section 67.1303 which can be given effect without the invalid provision or application, and to this end the provisions of this section and section 67.1303 are declared severable."; and


              Further amend said bill, Page 3, Section B, Lines 1 to 5, by deleting all of said lines and inserting in lieu thereof the following:


              "Section B. Because immediate action is necessary to provide funding for necessary infrastructure, the enactment of section 94.838 of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the enactment of section 94.838 of section A of this act shall be in full force and effect upon its passage and approval."; and


              Further amend said title, enacting clause and intersectional references accordingly.


            On motion of Representative Pollock, House Amendment No. 1 was adopted.


            Representative Jetton offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for House Bill No. 186, Page 3, Section 94.838, Line 80, by inserting after all of said line the following:


              "Section 1. 1. Any county of the third classification without a township form of government and with more than eleven thousand seven hundred fifty but fewer than eleven thousand eight hundred fifty inhabitants may impose a sales tax throughout the county for public recreational projects and programs, but the sales tax authorized by this section shall not become effective unless the governing body of such county submits to the qualified voters of the county a proposal to authorize the county to impose the sales tax.

              2. The ballot submission shall be in substantially the following form:

              Shall the County of .......... impose a sales tax of up to one percent for the purpose of funding the financing, acquisition, construction, operation, and maintenance of recreational projects and programs, including the acquisition of land for such purposes?

                                           □ YES                                                NO

              3. If approved by a majority of qualified voters in the county, the governing body of the county shall appoint a board of directors consisting of nine members. Of the initial members appointed to the board, three members shall be appointed for a term of three years, three members shall be appointed for a term of two years, and three members shall be appointed for a term of one year. After the initial appointments, board members shall be appointed to three-year terms.

              4. The sales tax may be imposed at a rate of up to one percent on the receipts from the retail sale of all tangible personal property or taxable service within the county, if such property and services are subject to taxation by the state of Missouri under sections 144.010 to 144.525, RSMo.

              5. All revenue collected from the sales tax under this section by the director of revenue on behalf of a county, less one percent for the cost of collection which shall be deposited in the state's general revenue fund after payment of premiums for surety bonds as provided in section 32.087, RSMo, shall be deposited with the state treasurer in a special trust fund, which is hereby created, to be known as the "County Recreation Sales Trust Fund". Moneys in the fund shall not be deemed to be state funds and shall not be commingled with any funds of the state. The director of revenue shall keep accurate records of the amount of money in the trust fund collected in each county imposing a sales tax under this section, and the records shall be open to the inspection of officers of such county and the general public. Not later than the tenth day of each calendar month, the director of revenue shall distribute all moneys deposited in the trust fund during the preceding calendar month by distributing to the county treasurer, or such officer as may be designated by county ordinance or order, of each county imposing the tax under this section the sum due the county as certified by the director of revenue.

              6. The director of revenue may authorize the state treasurer to make refunds from the amounts in the trust fund and credited to any county for erroneous payments and overpayments made, and may redeem dishonored checks and drafts deposited to the credit of such counties. Each county shall notify the director of revenue at least ninety days prior to the effective date of the expiration of the sales tax authorized by this section and the director of revenue may order retention in the trust fund for a period of one year of two percent of the amount collected after receipt of such notice to cover possible refunds or overpayments of such tax and to redeem dishonored checks and drafts deposited to the credit of such accounts. After one year has elapsed after the date of expiration of the tax authorized by this section in a county, the director of revenue shall remit the balance in the account to the county and close the account of such county. The director of revenue shall notify each county of each instance of any amount refunded or any check redeemed from receipts due such county.

              7. The tax authorized under this section may be imposed in accordance with this section by a county in addition to or in lieu of the tax authorized in sections 67.750 to 67.780, RSMo.

              8. The sales tax imposed under this section shall expire twenty years from the effective date thereof unless an extension of the tax is submitted to and approved by the qualified voters in the county in the manner provided in this section. Each extension of the sales tax shall be for a period of ten years.

              9. The provisions of this section shall not in any way affect or limit the powers granted to any county to establish, maintain, and conduct parks and other recreational grounds for public recreation.

              10. Except as modified in this section, the provisions of section 32.085 and 32.087, RSMo, shall apply to the tax imposed under this section."; and


              Further amend said title, enacting clause and intersectional references accordingly.


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


            Representative Dougherty offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for House Bill No. 186, Page 1, In the Title, Lines 2 and 3, by deleting all of said lines and inserting in lieu thereof the following:


              "To repeal section 144.518, RSMo, and to enact in lieu thereof three new sections relating to local taxes, with an emergency clause for a certain section."; and


              Further amend said bill, Page 1, Section A, Lines 1 and 2, by deleting all of said lines and inserting in lieu thereof the following:


              "Section A. Section 144.518, RSMo, is repealed and three new sections enacted in lieu thereof, to be known as sections 82.850, 94.838, and 144.518, to read as follows:


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

              (1) "Food", all products commonly used for meals or drinks, including alcoholic beverages;

              (2) "Food establishment", any café, cafeteria, lunchroom, or restaurant which sells meals or drinks to the public;

              (3) "Gross receipts", the gross receipts from sales of meals or drinks prepared on the premises and delivered to the purchaser (excluding sales tax);

              (4) "Museum", any museum dedicated to the preservation of the history of the westward expansion movement of the United States by covered wagon, train, water, or similar means of transportation, and which is or was owned by this state on the effective date of the tax authorized in this section, and which is operated by the city or any other person;

              (5) "Person", any individual, corporation, partnership, or other entity;

              (6) "Tourism-related activities", those activities commonly associated with the development, promotion, and operation of tourism and related facilities for the city, including historic preservation.

              2. The city council of any home rule city with more than one hundred thirteen thousand two hundred but less than one hundred thirteen thousand three hundred inhabitants may impose a tax on the gross receipts derived from the amount of sales or charges for all meals and drinks furnished by every person operating a food establishment situated in the city or a portion thereof. The tax authorized in this section may be imposed in increments of one-eighth of one percent, up to a maximum of two percent of such gross receipts. One-half of any such tax imposed under this section shall be used solely for the development, promotion, and operation of a museum. Such tax shall be in addition to all other sales taxes imposed on such food establishments, and shall be stated separately from all other charges and taxes. Such tax shall not become effective unless the city council, by order or ordinance, submits to the voters of the city a proposal to authorize the city council to impose a tax under this section on any day available for such city to hold municipal elections or at a special election called for the purpose.

              3. The ballot of submission for the tax authorized in this section shall be in substantially the following form:

              Shall ...... (insert the name of the city) impose a tax on the gross receipts derived from the sales of meals or drinks at any food establishment situated in ...... (name of city) at a rate of ...... (insert rate of percent) percent for the sole purpose of providing funds for the development, promotion, and operation of museum and tourism-related activities and facilities, with ...... (insert rate of percent) percent of such tax dedicated to museum purposes?

                                           □ YES                                                            □ NO


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 immediately following notification to the department of revenue. 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 and such question is approved by a majority of the qualified voters voting on the question.

              4. The tax imposed under this section shall be known as the "Museum and Tourism-Related Activities Tax". Each city imposing a tax under this section shall establish separate trust funds to be known as the "Museum Trust Fund" and the "Tourism-Related Trust Fund". The city treasurer shall deposit the revenue derived from the tax imposed under this section for museum purposes in the museum trust fund, and shall deposit the revenue derived for tourism-related purposes in the tourism-related trust fund. The proceeds of such tax shall be appropriated by the city council exclusively for the development, promotion, and operation of museum and tourism-related activities and facilities in the city.

              5. All applicable provisions in chapter 144, RSMo, relating to state sales tax, and in section 32.057, RSMo, relating to confidentiality, shall apply to the collection of any tax imposed under this section.

              6. All exemptions for government agencies, organizations, individuals, and on the sale of certain tangible personal property and taxable services granted under sections 144.010 to 144.525, RSMo, shall be applicable to the imposition and collection of any tax imposed under this section.

              7. The same sales tax permits, exemption certificates, and retail certificates required for the administration and collection of state sales tax in chapter 144, RSMo, shall be deemed adequate for the administration and collection of any tax imposed under this section, and no additional permit, exemption certificate, or retail certificate shall be required, provided that the director of the department of revenue may prescribe a form of exemption certificate for an exemption from any tax imposed under this section.

              8. Any individual, firm, or corporation subject to any tax imposed under this section shall collect the tax from the patrons of the food establishment, and each such patron of the food establishment shall pay the amount of the tax due to the individual, firm, or corporation required to collect the tax. The city shall permit the individual required to remit the tax to deduct and retain an amount equal to two percent of the taxes collected. The city council may either require the license collector of the city to collect the tax, or may enter into an agreement with the director of the department of revenue to have the director collect the tax on behalf of the city. In the event such an agreement is entered into, the director shall perform all functions incident to the collection, enforcement, and operation of such tax, and shall collect the tax on behalf of the city and shall transfer the funds collected to the city license collector, except for an amount not less than one percent nor more than three percent, which shall be retained by the director for the costs of collecting the tax. If the director is to collect such tax, the tax shall be collected and reported upon such forms and under such administrative rules and regulations as the director may prescribe. All refunds and penalties as provided in sections 144.010 to 144.525, RSMo, are hereby made applicable to violations of this section.

              9. It is unlawful for any person to advertise or hold out or state to the public or to any food establishment patron, directly or indirectly, that the tax or any part thereof imposed by this section, and required to be collected by that person, will be absorbed by that person, or anyone on behalf of that person, or that it will not be separately stated and added to the price of the food establishment bill, or if added, that it or any part thereof will be refunded.

              10. The governing body of any city 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 city. The ballot of submission shall be in substantially the following form:

              Shall ...... (insert the name of the city) repeal the sales tax imposed at a rate of ...... (insert rate of percent) percent for the sole purpose of providing funds for the development, promotion, and operation of museum and tourism-related activities and facilities, with ...... (insert rate of percent) percent of such tax dedicated to museum purposes?

                                           □ YES                                                            □ NO


If you are in favor of the question, place an "X" in the box opposite "YES". If you are opposed to the question, place an "X" in the box opposite "NO".


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, and the repeal is approved by a majority of the qualified voters voting on the question.

              11. Whenever the governing body of any city that has adopted the tax authorized in this section receives a petition, signed by ten percent of the registered voters of the city 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 city 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 and the repeal is approved by a majority of the qualified voters voting on the question.

              12. If the tax is repealed, all funds remaining in the special trust funds shall continue to be used solely for the designated purposes. Any funds in the special trust funds which are not needed for current expenditures shall be invested in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the funds."; and


              Further amend said bill, Page 3, Section B, Lines 1 to 5, by deleting all of said lines and inserting in lieu thereof the following:


              "144.518. In addition to the exemptions granted pursuant to section 144.030, there is hereby specifically exempted from the provisions of sections 66.600 to 66.635, RSMo, sections 67.391 to 67.395, RSMo, sections 67.500 to 67.545, RSMo, section 67.547, RSMo, sections 67.550 to 67.594, RSMo, sections 67.665 to 67.667, RSMo, sections 67.671 to 67.685, RSMo, sections 67.700 to 67.727, RSMo, section 67.729, RSMo, sections 67.730 to 67.739, RSMo, sections 67.1000 to 67.1012, RSMo, section 82.850, RSMo, sections 92.325 to 92.340, RSMo, sections 92.400 to 92.421, RSMo, sections 94.500 to 94.570, RSMo, section 94.577, RSMo, sections 94.600 to 94.655, RSMo, section 94.660, RSMo, sections 94.700 to 94.755, RSMo, sections 94.800 to 94.825, RSMo, section 94.830, RSMo, sections 94.850 to 94.857, RSMo, sections 94.870 to 94.881, RSMo, section 94.890, RSMo, sections 144.010 to 144.525, and sections 144.600 to 144.761, sections 190.335 to 190.337, RSMo, sections 238.235 and 238.410, RSMo, section 321.242, RSMo, section 573.505, RSMo, and section 644.032, RSMo, and from the computation of the tax levied, assessed or payable pursuant to sections 66.600 to 66.635, RSMo, sections 67.391 to 67.395, RSMo, sections 67.500 to 67.545, RSMo, section 67.547, RSMo, sections 67.550 to 67.594, RSMo, sections 67.665 to 67.667, RSMo, sections 67.671 to 67.685, RSMo, sections 67.700 to 67.727, RSMo, section 67.729, RSMo, sections 67.730 to 67.739, RSMo, sections 67.1000 to 67.1012, RSMo, section 82.850, RSMo, sections 92.325 to 92.340, RSMo, sections 92.400 to 92.421, RSMo, sections 94.500 to 94.570, RSMo, section 94.577, RSMo, sections 94.600 to 94.655, RSMo, section 94.660, RSMo, sections 94.700 to 94.755, RSMo, sections 94.800 to 94.825, RSMo, section 94.830, RSMo, sections 94.850 to 94.857, RSMo, sections 94.870 to 94.881, RSMo, section 94.890, RSMo, sections 144.010 to 144.525, sections 144.600 to 144.761, sections 190.335 to 190.337, RSMo, sections 238.235 and 238.410, RSMo, section 321.242, RSMo, section 573.505, RSMo, and section 644.032, RSMo, machines or parts for machines used in a commercial, coin-operated amusement and vending business where sales tax is paid on the gross receipts derived from the use of commercial, coin-operated amusement and vending machines.


              Section B. Because immediate action is necessary to provide funding for necessary infrastructure, the enactment of Section 94.838 of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the enactment of Section 94.838 of section A of this act shall be in full force and effect upon its passage and approval."; and


              Further amend said title, enacting clause and intersectional references accordingly.


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


            Representative Wood offered House Amendment No. 4.


House Amendment No. 4


AMEND House Committee Substitute for House Bill No. 186, Page 1, In the Title, Lines 2 and 3, by deleting all of said lines and inserting in lieu thereof the following:


              "To repeal sections 56.060, 56.631, 56.640, 56.650, 56.660, 67.1922, and 67.1934, RSMo, and to enact in lieu thereof eight new sections relating to county government, with an emergency clause for a certain section."; and


              Further amend said bill, Page 1, Section A, Lines 1 and 2, by deleting all of said lines and inserting in lieu thereof the following:


              "Section A. Sections 56.060, 56.631, 56.640, 56.650, 56.660, 67.1922, and 67.1934, RSMo, are repealed and five new sections enacted in lieu thereof, to be known as sections 56.060, 56.631, 56.640, 56.650, 56.660, 67.1922, 67.1934, and 94.838, to read as follows:


              56.060. 1. Each prosecuting attorney shall commence and prosecute all civil and criminal actions in his county in which the county or state is concerned, defend all suits against the state or county, and prosecute forfeited recognizances and actions for the recovery of debts, fines, penalties and forfeitures accruing to the state or county. In all cases, civil and criminal, in which changes of venue are granted, he shall follow and prosecute or defend, as the case may be, all the causes, for which, in addition to the fees now allowed by law, he shall receive his actual expenses. If any misdemeanor case is taken to the court of appeals by appeal he shall represent the state in the case in the court and make out and cause to be printed, at the expense of the county, all necessary abstracts of record and briefs, and if necessary appear in the court in person, or shall employ some attorney at his own expense to represent the state in the court, and for his services he shall receive the compensation that is proper, not to exceed twenty-five dollars for each case, and necessary traveling expenses, to be audited and paid as other claims are audited and paid by the county commission of the county.

              2. Notwithstanding the provisions of subsection 1, in any county [of the first class not having a charter form of government] for which a county counselor is appointed, the prosecuting attorney shall only perform those duties prescribed by subsection 1 which are not performed by the county counselor under the provisions of law relating to the office of county counselor.


              56.631. 1. The county commission or governing body of any county [of the first class not having a charter form of government or any second class county which contains part of a city with a population of at least three hundred fifty thousand] may by order of the commission or governing body appoint some suitable person to the position of county counselor. If a county counselor is appointed, he shall be commissioned as other officers are commissioned. The county counselor shall serve at the pleasure of the county commission or governing body.

              2. The county counselor shall be a person licensed to practice law in this state, but the county commission or governing body may determine and fix further qualifications for the position.

              3. The county commission or governing body shall fix the compensation of the county counselor.

              4. The county commission or governing body may require the county counselor to devote his full time to the duties of his office.


              56.640. 1. If a county counselor is appointed, he and his assistants under his direction shall represent the county and all departments, officers, institutions and agencies thereof, except as otherwise provided by law and shall upon request of any county department, officer, institution or agency for which legal counsel is otherwise provided by law, and upon the approval of the county commission or governing body, represent such department, officer, institution or agency. He shall commence, prosecute or defend, as the case may require, and exercise exclusive authority in all civil suits or actions in which the county or any county officer, commission, governing body or agency is a party, in his or its official capacity, he shall draw all contracts relating to the business of the county, he shall represent the county generally in all matters of civil law, and he shall upon request furnish written opinions to any county officer or department.

              2. In all cases in which a civil fine may be imposed pursuant to section 49.272, RSMo, it shall be the duty of the county counselor, rather than the county prosecuting attorney, to prosecute such violations in the associate division of the circuit court in the county where the violation occurred.

              3. Notwithstanding any law to the contrary, the county counselor in any county of the first classification and the prosecuting attorney of such county may by mutual cooperation agreement prosecute or defend any civil action which the prosecuting attorney or county counselor of the county is authorized or required by law to prosecute or defend.


              56.650. If a county counselor is appointed, he shall in person, or by assistant, at the election of the county commission or governing body, attend [each sitting] such sittings of the county commission and give advice on all legal questions that may arise during the session of the commission or governing body as the county commission or governing body, and he shall assist the county commission or governing body in all such matters that may be referred to him. The county counselor may, with the approval of the county commission or governing body, employ such office personnel as are necessary in the discharge of his official duties and such employees and assistants shall hold their positions at the pleasure of the county counselor and shall be paid monthly by the county commission or governing body out of the county treasury. The county counselor may, with the approval of the county commission or governing body, appoint such assistants as are necessary in the conduct of his office, who shall receive as compensation such salary as is fixed by the county counselor and approved by the county commission or governing body.


              56.660. [In all counties of the first class not having a charter form of government and containing all or part of a city with a population of over four hundred thousand inhabitants,] The county counselor may, with the approval of the county commission or the governing body of such county, employ special county counselors to represent such county in prosecuting or defending any suit by or against such county, or any official of such county acting in his official capacity. The county counselor may pay such special county counselors a reasonable compensation, which shall be fixed by the county commission or the governing body of such county and paid out of such funds as the county commission or the governing body may direct, for their services. Special county counselors employed under this section shall have the same qualifications required for county counselors under the provisions of section 56.631.


              67.1922. 1. The governing body of any county containing any part of a Corps of Engineers lake with a shoreline of at least seven hundred miles and not exceeding a shoreline of nine hundred miles or the governing body of any county which borders on or which contains part of a lake with not less than one hundred miles of shoreline may impose by order [a] one or more sales [tax] taxes, not to exceed one and one-half percent in the aggregate, on all retail sales made in such county which are subject to taxation pursuant to the provisions of sections 144.010 to 144.525, RSMo, for the purpose of [promoting] affecting any combination of water quality, infrastructure [and] or tourism [through programs designed to affect the economic development of] in the county. The [tax] taxes authorized by this section shall be in addition to any and all other sales taxes allowed by law; except that no order imposing a sales tax pursuant to the provisions of this section shall be effective unless the governing body of the county submits to the voters of the county, at a municipal or state primary, general or special election, a proposal to authorize the governing body of the county to impose [a] such tax.

              2. [The] Each ballot of submission shall contain, but need not be limited to, the following language:

              Shall the county of ..................... (county's name) impose a countywide sales tax of ..................... (insert percent) for the purpose of [creating and implementing water quality, infrastructure and tourism programs affecting economic development in the county] affecting ........? (water quality, infrastructure and tourism) (water quality and infrastructure) (water quality and tourism) (infrastructure and tourism) (water quality) (infrastructure) (tourism) (insert one) as provided by law?

                                             □ YES                                              NO


If you are in favor of the question, place an "X" in the box opposite "Yes". If you are opposed to the question, place an "X" in the box opposite "No".


If a majority of the votes cast on the proposal by the qualified voters of the county voting thereon are in favor of the proposal, then the order shall become effective on the first day of the second calendar quarter after the director of revenue receives notice of adoption of the tax. If the proposal receives less than the required majority, then the governing body of the county shall have no power to impose the sales tax authorized pursuant to this section unless and until the governing body shall again have submitted another proposal to authorize the governing body to impose the sales tax authorized by this section and such proposal is approved by the required majority of the qualified voters of the county voting on such proposal.


              67.1934. The governing body of the county, when presented with a petition, signed by at least twenty percent of the registered voters in the county that voted in the last gubernatorial election, calling for an election to repeal the tax shall submit the question to the voters using the same procedure by which the imposition of the tax was voted. The ballot of submission shall be in substantially the following form:

              Shall .................... County, Missouri, repeal the ....... percent economic development sales tax for [promoting water quality, infrastructure and tourism] affecting ........? (water quality, infrastructure and tourism programs) (water quality and infrastructure programs) (water quality and tourism programs) (infrastructure and tourism programs) (water quality programs) (infrastructure programs) (tourism programs) (insert one) now in effect in the county?

                                             □ YES                                              NO


If you are in favor of the question, place an "X" in the box opposite "Yes". If you are opposed to the question, place an "X" in the box opposite "No".


If a majority of the votes cast on the proposal by the qualified voters of the county voting thereon are in favor of repeal, that repeal shall become effective December thirty-first of the calendar year in which such repeal was approved or after the repayment of the county's indebtedness incurred pursuant to sections 67.1922 to 67.1940, whichever occurs later."; and


              Further amend said bill, Page 3, Section B, Lines 1 to 5, by deleting all of said lines and inserting in lieu thereof the following:


              "Section B. Because immediate action is necessary to provide funding for necessary infrastructure, the enactment of section 94.838 of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the enactment of section 94.838 of section A of this act shall be in full force and effect upon its passage and approval."; and


              Further amend said title, enacting clause and intersectional references accordingly.


            On motion of Representative Wood, House Amendment No. 4 was adopted.


            Representative Faith offered House Amendment No. 5.


House Amendment No. 5


AMEND House Committee Substitute for House Bill No. 186, Page 1, Section A, Line 2, by inserting after all of said line the following:


              "67.1775. 1. The governing body of a city not within a county, or any county of this state may, after voter approval [pursuant to] under this section, levy a sales tax not to exceed one-quarter of a cent in the county or city for the purpose of providing services described in section 210.861, RSMo, including counseling, family support, and temporary residential services to persons nineteen years of age or less. The question shall be submitted to the qualified voters of the county or city at a county or city or state general, primary or special election upon the motion of the governing body of the county or city or upon the petition of eight percent of the qualified voters of the county or city determined on the basis of the number of votes cast for governor in such county at the last gubernatorial election held prior to the filing of the petition. The election officials of the county or city shall give legal notice as provided in chapter 115, RSMo. The question shall be submitted in substantially the following form:

              Shall ............ County or city, solely for the purpose of establishing a community children's services fund for the purpose of providing services to protect the well-being and safety of children and youth nineteen years of age or less and to strengthen families, be authorized to levy a sales tax of ............ (not to exceed one-quarter of a cent) in the county [for the purpose of establishing a community children's services fund for the purpose of providing services to protect the well-being and safety of children and youth nineteen years of age or less and to strengthen families]?

                                             □ YES                                              NO


[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 be levied and collected as otherwise provided by law. 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 be levied unless and until the question is again submitted to the qualified voters of the county and a majority of such voters are in favor of such a tax, and not otherwise.] If a majority of the votes cast on the question by the qualified voters voting thereon are in favor of the question, then the ordinance or order and any amendments thereto shall be in effect on the first day of the second calendar quarter after the director receives notification of the local sales tax. If a question receives less than the required majority, then the governing authority of the city or county shall have no power to impose the sales tax unless and until the governing authority of the city or county has submitted another question to authorize the imposition of the sales tax authorized by this section and such question is approved by the required majority of the qualified voters voting thereon. However, in no event shall a question under this section be submitted to the voters sooner than twelve months from the date of the last question under this section.

              2. After the effective date of any tax imposed under the provisions of this section, the director of revenue shall perform all functions incident to the administration, collection, enforcement, and operation of the tax and the director of revenue shall collect in addition to the sales tax for the state of Missouri the additional tax authorized under the authority of this section. The tax imposed under this section and the tax imposed under the sales tax law of the state of Missouri shall be collected together and reported upon such forms and under such administrative rules and regulations as may be prescribed by the director of revenue.

              3. All sales taxes collected by the director of revenue under this section on behalf of any city or county, less one percent for the cost of collection, which shall be deposited in the state's general revenue fund after payment of premiums for surety bonds as provided in section 32.087, RSMo, shall be deposited with the state treasurer in a special fund, which is hereby created, to be known as the "Community Children's Services Fund". The moneys in the city or county community children's services fund shall not be deemed to be state funds and shall not be commingled with any funds of the state. The director of revenue shall keep accurate records of the amount of money in the fund which was collected in each city or county imposing a sales tax under this section, and the records shall be open to the inspection of officers of each city or county and the general public. Not later than the tenth day of each month, the director of revenue shall distribute all moneys deposited in the fund during the preceding month by distributing to the city or county treasurer, or such other officer as may be designated by a city or county ordinance or order, of each city or county imposing the tax authorized by this section, the sum, as certified by the director of revenue, due the city or county.

              4. The director of revenue may authorize the state treasurer to make refunds from the amounts in the fund and credited to any city or county for erroneous payments and overpayments made, and may redeem dishonored checks and drafts deposited to the credit of such counties. Each city or county shall notify the director of revenue at least ninety days prior to the effective date of the expiration of the sales tax authorized by this section and the director of revenue may order retention in the fund, for a period of one year, of two percent of the amount collected after receipt of such notice to cover possible refunds or overpayment of such tax and to redeem dishonored checks and drafts deposited to the credit of such accounts. After one year has elapsed after the date of expiration of the tax authorized by this section in such city or county, the director of revenue shall remit the balance in the account to the city or county and close the account of that city or county. The director of revenue shall notify each city or county of each instance of any amount refunded or any check redeemed from receipts due the city or county.

              5. Except as modified in this section, all provisions of sections 32.085 and 32.087, RSMo, shall apply to the tax imposed under this section.

              6. All revenues generated by the tax prescribed in this section shall be deposited in the county treasury or, in a city not within a county, to the board established by law to administer such fund to the credit of a special "Community Children's Services Fund" to accomplish the purposes set out herein and in section 210.861, RSMo, and shall be used for no other purpose. Such fund shall be administered by a board of directors, established [pursuant to] under section 210.861, RSMo."; and


              Further amend said bill Page 3, Section 94.838, Line 80, by inserting after all of said line the following:


              "210.860. 1. The governing body of any county or city not within a county may, after voter approval pursuant to this section, levy a tax not to exceed twenty-five cents on each one hundred dollars of assessed valuation on taxable property in the county for the purpose of providing counseling, family support, and temporary residential services to persons eighteen years of age or less and those services described in section 210.861. The question shall be submitted to the qualified voters of the county or city not within a county at a county or state general, primary or special election upon the motion of the governing body of the county or city not within a county or upon the petition of eight percent of the qualified voters of the county determined on the basis of the number of votes cast for governor in such county or city not within a county at the last gubernatorial election held prior to the filing of the petition. The election officials of the county or city not within a county shall give legal notice as provided in chapter 115, RSMo. The question shall be submitted in substantially the following form:

              Shall ............ County (City) be authorized to levy a tax of ........ cents on each one hundred dollars of assessed valuation on taxable property in the county (city) for the purpose of establishing a community children's services fund for purposes of providing funds for counseling and related services to children and youth in the county (city) eighteen years of age or less and services which will promote healthy lifestyles among children and youth and strengthen families?

                                             □ YES                                              NO

 

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 be levied and collected as otherwise provided by law. 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 be levied unless and until the question is again submitted to the qualified voters of the county or city not within a county and a majority of such voters are in favor of such a tax, and not otherwise.

              2. All revenues generated by the tax prescribed in this section shall be deposited in the county treasury or, in a city not within a county, to the board established by law to administer such fund to the credit of a special "Community Children's Services Fund" to accomplish the purposes set out herein and shall be used for no other purpose. Such fund shall be administered by and expended only upon approval by a board of directors, established pursuant to section 210.861.


              210.861. 1. When the tax prescribed by section 210.860 or section 67.1775, RSMo, is established, the governing body of the city or county shall appoint a board of directors consisting of nine members, who shall be residents of the city or county. All board members shall be appointed to serve for a term of three years, except that of the first board appointed, three members shall be appointed for one-year terms, three members for two-year terms and three members for three-year terms. Board members may be reappointed. In a city not within a county, or any county of the first classification with a charter form of government with a population not less than nine hundred thousand inhabitants, or any county of the first classification with a charter form of government with a population not less than two hundred thousand inhabitants and not more than six hundred thousand inhabitants, or any noncharter county of the first classification with a population not less than one hundred seventy thousand and not more than two hundred thousand inhabitants, or any noncharter county of the first classification with a population not less than eighty thousand and not more than eighty-three thousand inhabitants, or any third classification county with a population not less than twenty-eight thousand and not more than thirty thousand inhabitants, or any county of the third classification with a population not less than nineteen thousand five hundred and not more than twenty thousand inhabitants the members of the community mental health board of trustees appointed pursuant to the provisions of sections 205.975 to 205.990, RSMo, shall be the board members for the community children's services fund. The directors shall not receive compensation for their services, but may be reimbursed for their actual and necessary expenses.

              2. The board shall elect a chairman, vice chairman, treasurer, and such other officers as it deems necessary for its membership. Before taking office, the treasurer shall furnish a surety bond, in an amount to be determined and in a form to be approved by the board, for the faithful performance of his duties and faithful accounting of all moneys that may come into his hands. The treasurer shall enter into the surety bond with a surety company authorized to do business in Missouri, and the cost of such bond shall be paid by the board of directors. The board shall administer and expend all funds generated pursuant to section 210.860 or section 67.1775, RSMo, in a manner consistent with this section.

              3. The board may contract with public or not-for-profit agencies licensed or certified where appropriate to provide qualified services and may place conditions on the use of such funds. The board shall reserve the right to audit the expenditure of any and all funds. The board and any agency with which the board contracts may establish eligibility standards for the use of such funds and the receipt of services. No member of the board shall serve on the governing body, have any financial interest in, or be employed by any agency which is a recipient of funds generated pursuant to section 210.860 or section 67.1775, RSMo.

              4. Revenues collected and deposited in the community children's services fund may be expended for the purchase of the following services:

              (1) Up to thirty days of temporary shelter for abused, neglected, runaway, homeless or emotionally disturbed youth; respite care services; and services to unwed mothers;

              (2) Outpatient chemical dependency and psychiatric treatment programs; counseling and related services as a part of transitional living programs; home-based and community-based family intervention programs; unmarried parent services; crisis intervention services, inclusive of telephone hotlines; and prevention programs which promote healthy lifestyles among children and youth and strengthen families;

              (3) Individual, group, or family professional counseling and therapy services; psychological evaluations; and mental health screenings.

              5. Revenues collected and deposited in the community children's services fund may not be expended for inpatient medical, psychiatric, and chemical dependency services, or for transportation services."; and


              Further amend said title, enacting clause and intersectional references accordingly.


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


            Representative Hobbs offered House Amendment No. 6.


House Amendment No. 6


AMEND House Committee Substitute for House Bill No. 186, Section 94.838, Page 3, Line 80, by inserting after said line the following:


              “94.700. The following words, as used in sections 94.700 to 94.755, shall have the following meaning unless a different meaning clearly appears from the context:

              (1) "City" shall mean any incorporated city, town, or village in the state of Missouri with a population of [two hundred] one hundred or more, but the term "city" does not include any city not within a county or any city of over four hundred thousand inhabitants wholly or partially within a first class county;

              (2) "City transit authority" shall mean a commission or board created by city charter provision or by ordinance of a city, and which operates a public mass transportation system;

              (3) "City utilities board" shall mean a board or commission created by city charter provision or by ordinance of a city, which controls and operates city-owned utilities including a public mass transportation system;

              (4) "Director of revenue" shall mean the director of revenue of the state of Missouri;

              (5) "Interstate transportation authority" shall mean any political subdivision created by compact between this state and another state, which is a body corporate and politic and a political subdivision of both contracting states, and which operates a public mass transportation system;

              (6) "Interstate transportation district" shall mean that geographical area set forth and defined in the particular compact between this state and another state;

              (7) "Person" shall mean an individual, corporation, partnership, or other entity;

              (8) "Public mass transportation system" shall mean a transportation system or systems owned and operated by an interstate transportation authority, a municipality, a city transit authority, or a city utilities board, employing motor buses, rails or any other means of conveyance, by whatsoever type or power, operated for public use in the conveyance of persons, mainly providing local transportation service within an interstate transportation district or municipality;

              (9) "Transportation purposes" shall mean financial support of a "public mass transportation system"; the construction, reconstruction, repair and maintenance of streets, roads and bridges within a municipality; the construction, reconstruction, repair and maintenance of airports owned and operated by municipalities; the acquisition of lands and rights-of-way for streets, roads, bridges and airports; and planning and feasibility studies for streets, roads, bridges, and airports. "Bridges" shall include bridges connecting a municipality with another municipality either within or without the state, with an unincorporated area of the state, or with another state or an unincorporated area thereof.”; and


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


            On motion of Representative Hobbs, House Amendment No. 6 was adopted.


            Representative Munzlinger offered House Amendment No. 7.


House Amendment No. 7


AMEND House Committee Substitute for House Bill No. 186, Section 94.838, Page 3, Line 80, by inserting immediately after said line, the following:


              “Section A. Chapter 94, RSMo, is amended by adding thereto one new section, to be known as section 94.837, to read as follows:


              94.837. 1. The governing body of any city of the fourth classification with more than two thousand five hundred but fewer than two thousand six hundred inhabitants and located in any county of the third classification without a township form of government and with more than ten thousand four hundred but fewer than ten thousand five hundred inhabitants, the governing body of any special charter city with more than nine hundred fifty but fewer than one thousand fifty inhabitants, and the governing body of any city of the fourth classification with more than one thousand two hundred but fewer than one thousand three hundred inhabitants and located in any county of the third classification without a township form of government and with more than four thousand three hundred but fewer than four thousand four hundred inhabitants may impose a tax on the charges for all sleeping rooms paid by the transient guests of hotels or motels situated in the city or a portion thereof, which shall be 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 submits to the voters of the city at a state general or primary election a proposal to authorize the governing body of the city to impose a tax under this section. 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 the proceeds of such tax shall be used by the city solely for the promotion of tourism. Such tax shall be stated separately from all other charges and taxes.

              2. The ballot of submission for the tax authorized in this section shall be in substantially the following form:

              Shall ..................................... (insert the name of the city) impose a tax on the charges for all sleeping rooms paid by the transient guests of hotels and motels situated in .................................. (name of city) at a rate of .......... (insert rate of percent) percent for the sole purpose of promoting tourism?

                                             □ YES                                             □ NO


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 authorized by this section shall not become effective unless and until the question is resubmitted under this section to the qualified voters of the city and such question is approved by a majority of the qualified voters of the city voting on the question.

              3. 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.”; and


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


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


            Representative Rupp offered House Amendment No. 8.


House Amendment No. 8


AMEND House Committee Substitute for House Bill No. 186, Page 1, Section A, Line 2, by inserting after all of said line the following:


              "67.1159. 1. In any case in which any tax, interest or penalty imposed under sections 67.1150 to 67.1158 is not paid when due, the authority or its designated agent may file for record in the real estate records of the recorder's office of the city or the county where the business giving rise to the tax, interest, or penalty is located, or in which the person owing the tax, interest, or penalty resides, a notice of lien specifying the amount of tax, interest, or penalty due and the name of the person liable for the same. From the time of filing any such notice, the amount of the tax specified in such notice shall have the force and effect of a lien against the real and personal property of the business of such person or the facility giving rise to the tax for the amount specified in such notice.

              2. A lien created under subsection 1 of this section may be released:

              (1) By filing for record in the office of the recorder where the lien was originally filed a release of the lien executed by a duly authorized agent of the authority upon payment of the tax, interest, and penalty due; or

              (2) Upon receipt by the authority of sufficient security to owners or successors-in-interest are operating or managing in violation of the provisions of sections 67.1150 to 67.1159. The courts shall expedite the hearing on the merits of any such action and shall not require the authority to post a bond pending such hearing."; and


              Further amend said title, enacting clause and intersectional references accordingly.


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


            Representative Bringer offered House Amendment No. 9.


House Amendment No. 9


AMEND House Committee Substitute for House Bill 186, Page 3, Section 94.838, Line 80, by inserting after said line the following:


              "198.345. Nothing in sections 198.200 to 198.350 shall prohibit a nursing home district from establishing and maintaining apartments for seniors that provide, at a minimum, housing, food services, and emergency call buttons in any county of the third classification without a township form of government and with more than twenty-eight thousand two hundred inhabitants but fewer than twenty-eight thousand three hundred inhabitants or any county of the third classification without a township form of government and with more than nine thousand five hundred fifty but fewer than nine thousand six hundred fifty inhabitants."; and


              Further amend said title, enacting clause, and intersectional references accordingly.


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


            Representative Byrd offered House Amendment No. 10.


House Amendment No. 10


AMEND House Committee Substitute for House Bill No. 186, Page 3, Section 94.838, Line 80, by inserting after all of said line the following:


              “184.357. 1. The board of directors of any metropolitan zoological park and museum district as established pursuant to the provisions of sections 184.350 to 184.384, on behalf of the district, may request the election officials of any city and county of such district to submit a proposition or propositions to increase the tax rate for the zoological park subdistrict and the art museum subdistrict set in section 184.350 and to increase the rate for the botanical garden subdistrict set in section 184.353 to the qualified voters of such district at any general, primary or special election. Such election officials, upon receipt of such request in the form of a verified resolution or resolutions approved by the majority of the members of such district board of directors, shall set the date of such election and give notice of such election as provided by sections 115.063 and 115.065, RSMo.

              2. Such proposition or propositions shall be jointly or severally submitted to the voters in substantially the following form at such election:

              (1) Shall the Metropolitan Zoological Park and Museum District of the City of .......... and County of ............ be authorized to increase the tax rate for the zoological park subdistrict up to the maximum tax rate of eight cents, or any percent thereof, on each $100 of assessed valuation of taxable property within the district for the purpose of operating, maintaining and otherwise financially supporting the subdistrict? The tax rate shall be set annually by the board based on the budget submitted by the zoological park subdistrict and approved by the board. This tax rate shall replace the present tax rate of ...... cents for the zoological park subdistrict.

                                             □ YES                                              NO

              (2) Shall the Metropolitan Zoological Park and Museum District of the City of .......... and County of .......... be authorized to increase the tax rate for the art museum subdistrict up to the maximum tax rate of eight cents, or any percent thereof, on each $100 of assessed valuation of taxable property within the district for the purpose of operating, maintaining and otherwise financially supporting the subdistrict and approved by the board? The tax rate shall be set annually by the board based on the budget submitted by the art museum subdistrict and approved by the board. This tax rate shall replace the present tax rate of ...... cents for the art museum subdistrict.

                                             □ YES                                              NO

              (3) Shall the Metropolitan Zoological Park and Museum District of the City of .......... and County of .......... be authorized to increase the tax rate for the botanical garden subdistrict up to the maximum tax rate of six cents, or any percent thereof, on each $100 of assessed valuation of taxable property within the district for the purpose of operating, maintaining and otherwise financially supporting the subdistrict and approved by the board? The tax rate shall be set annually by the board based on the budget submitted by the botanical garden subdistrict and approved by the board. This tax rate shall replace the present tax rate of ...... cents for the botanical garden subdistrict.

                                             □ YES                                              NO

              (4) Shall the Metropolitan Zoological Park and Museum District of the City of . . . . . . . . . . . . . . and County of . . . . . . . . . . . . . be authorized to increase the tax rate for the Missouri history museum subdistrict up to the maximum tax rate of six cents, or any percent thereof, on each $100 of assessed valuation of taxable property within the district for the purpose of operating, maintaining, and otherwise financially supporting the subdistrict and approved by the board? The tax rate shall be set annually by the board based on the budget submitted by the Missouri history museum subdistrict and approved by the board. This tax rate shall replace the present tax rate of . . . . . . . cents for the Missouri history museum subdistrict.

                                             □ YES                                              NO


In the event that a majority of the voters voting on such proposition or propositions in such city and the majority of the voters voting on such proposition or propositions in such county cast votes "YES" on the proposition or propositions, then the tax rate for such subdistrict shall be deemed in full force and effect as of the first day of the second month following the election. The results of the aforesaid election shall be certified by the election officials of such city and county, respectively, to the respective chief executive officers of such city and county not less than thirty days after the day on which such election was held. The cost of the election shall be paid as provided by sections 115.063 and 115.065, RSMo. In the event the proposition or propositions shall fail to receive a majority of the votes "YES" in either the city or the county, then the proposition or propositions shall not be resubmitted at any election held within one year of the date of the election the proposition or propositions were rejected.”; and


              Further amend said title, enacting clause and intersectional references accordingly.


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


            On motion of Representative Emery, HCS HB 186, as amended, was adopted.


            On motion of Representative Emery, HCS HB 186, as amended, was ordered perfected and printed.


            HB 48, relating to museum and tourism-related sales tax, was taken up by Representative Dougherty.


            Representative Byrd offered House Amendment No. 1.


House Amendment No. 1


AMEND House Bill No. 48, Page 1, In the Title, Lines 2 and 3, by deleting all of said lines and inserting in lieu thereof the following:


              "To repeal sections 144.518 and 184.357, RSMo, and to enact in lieu thereof three new sections relating to museum and tourism-related activities, with an emergency clause."; and


              Further amend said bill, Page 1, Section A, Lines 1 and 2, by deleting all of said lines and inserting in lieu thereof the following:


              "Section A. Sections 144.518 and 184.357, RSMo, are repealed and three new sections enacted in lieu thereof, to be known as sections 82.520, 144.518, and 184.357, to read as follows:"; and


              Further amend said bill, Page 4, Section 82.850, Line 124, by inserting after all of said line the following:


              "184.357. 1. The board of directors of any metropolitan zoological park and museum district as established pursuant to the provisions of sections 184.350 to 184.384, on behalf of the district, may request the election officials of any city and county of such district to submit a proposition or propositions to increase the tax rate for the zoological park subdistrict and the art museum subdistrict set in section 184.350 and to increase the rate for the botanical garden subdistrict set in section 184.353 to the qualified voters of such district at any general, primary or special election. Such election officials, upon receipt of such request in the form of a verified resolution or resolutions approved by the majority of the members of such district board of directors, shall set the date of such election and give notice of such election as provided by sections 115.063 and 115.065, RSMo.

              2. Such proposition or propositions shall be jointly or severally submitted to the voters in substantially the following form at such election:

              (1) Shall the Metropolitan Zoological Park and Museum District of the City of .......... and County of ............ be authorized to increase the tax rate for the zoological park subdistrict up to the maximum tax rate of eight cents, or any percent thereof, on each $100 of assessed valuation of taxable property within the district for the purpose of operating, maintaining and otherwise financially supporting the subdistrict? The tax rate shall be set annually by the board based on the budget submitted by the zoological park subdistrict and approved by the board. This tax rate shall replace the present tax rate of ...... cents for the zoological park subdistrict.

                                             □ YES                                             □ NO

              (2) Shall the Metropolitan Zoological Park and Museum District of the City of .......... and County of .......... be authorized to increase the tax rate for the art museum subdistrict up to the maximum tax rate of eight cents, or any percent thereof, on each $100 of assessed valuation of taxable property within the district for the purpose of operating, maintaining and otherwise financially supporting the subdistrict and approved by the board? The tax rate shall be set annually by the board based on the budget submitted by the art museum subdistrict and approved by the board. This tax rate shall replace the present tax rate of ...... cents for the art museum subdistrict.

                                             □ YES                                             □ NO

              (3) Shall the Metropolitan Zoological Park and Museum District of the City of .......... and County of .......... be authorized to increase the tax rate for the botanical garden subdistrict up to the maximum tax rate of six cents, or any percent thereof, on each $100 of assessed valuation of taxable property within the district for the purpose of operating, maintaining and otherwise financially supporting the subdistrict and approved by the board? The tax rate shall be set annually by the board based on the budget submitted by the botanical garden subdistrict and approved by the board. This tax rate shall replace the present tax rate of ...... cents for the botanical garden subdistrict.

                                             □ YES                                             □ NO

              (4) Shall the Metropolitan Zoological Park and Museum District of the City of .......... and County of .......... be authorized to increase the tax rate for the Missouri history museum subdistrict up to the maximum tax rate of six cents, or any percent thereof, on each $100 of assessed valuation of taxable property within the district for the purpose of operating, maintaining, and otherwise financially supporting the subdistrict and approved by the board? The tax rate shall be set annually by the board based on the budget submitted by the Missouri history museum subdistrict and approved by the board. This tax rate shall replace the present tax rate of ...... cents for the Missouri history museum subdistrict.

                                             □ YES                                             □ NO


In the event that a majority of the voters voting on such proposition or propositions in such city and the majority of the voters voting on such proposition or propositions in such county cast votes "YES" on the proposition or propositions, then the tax rate for such subdistrict shall be deemed in full force and effect as of the first day of the second month following the election. The results of the aforesaid election shall be certified by the election officials of such city and county, respectively, to the respective chief executive officers of such city and county not less than thirty days after the day on which such election was held. The cost of the election shall be paid as provided by sections 115.063 and 115.065, RSMo. In the event the proposition or propositions shall fail to receive a majority of the votes "YES" in either the city or the county, then the proposition or propositions shall not be resubmitted at any election held within one year of the date of the election the proposition or propositions were rejected."; and


              Further amend said title, enacting clause and intersectional references accordingly.


            On motion of Representative Byrd, House Amendment No. 1 was adopted.


            On motion of Representative Dougherty, HB 48, as amended, was ordered perfected and printed.


            HB 114, relating to the Kansas City transportation sales tax, was taken up by Representative Johnson (47).


            On motion of Representative Johnson (47), HB 114 was ordered perfected and printed.


            On motion of Representative Dempsey, the House recessed until 2:00 p.m.


AFTERNOON SESSION


            The hour of recess having expired, the House was called to order by Speaker Pro Tem Bearden.


            The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Callie Dishman, Cassie Dishman and Sam Zoole.


HOUSE RESOLUTION


            Representatives Bringer and Pratt offered House Resolution No. 1135.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 1130

                        and

            House Resolution No. 1131 - Representative Dixon

            House Resolution No. 1132 - Representative Nolte

            House Resolution No. 1133

                        and

            House Resolution No. 1134 - Representative Kuessner

 



THIRD READING OF HOUSE BILLS - CONSENT


            HB 229, relating to homestead property tax exemptions, was taken up by Representative Portwood.


            On motion of Representative Portwood, HB 229 was read the third time and passed by the following vote:


AYES: 146

 

 

 

 

 

 

 

 

 

Aull

Baker 123

Baker 25

Barnitz

Bearden

Behnen

Bivins

Black

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Chappelle-Nadal

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 110

Harris 23

Haywood

Henke

Hobbs

Hoskins

Hughes

Hunter

Icet

Johnson 47

Johnson 61

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Phillips

Pollock

Portwood

Pratt

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Whorton

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 015

 

 

 

 

 

 

Avery

Bean

Bland

Bowman

Boykins

Dusenberg

El-Amin

Hubbard

Jackson

Johnson 90

LeVota

Marsh

Pearce

Quinn

Yaeger

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            HB 230, relating to senior citizen property tax relief, was taken up by Representative Portwood.


            On motion of Representative Portwood, HB 230 was read the third time and passed by the following vote:


AYES: 126

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Barnitz

Bearden

Behnen

Bivins

Black

Brown 30

Brown 50

Bruns

Byrd

Chappelle-Nadal

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Cunningham 145

Cunningham 86

Curls

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 110

Haywood

Hobbs

Hoskins

Hughes

Icet

Jackson

Johnson 47

Johnson 61

Jones

Kelly

Kingery

Kratky

Kraus

Lager

Lampe

Lembke

Liese

Lipke

Low 39

Lowe 44

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Page

Parker

Pearce

Phillips

Pollock

Portwood

Pratt

Rector

Richard

Roark

Robb

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Smith 118

Smith 14

Spreng

Stefanick

Stevenson

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 022

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bringer

Brooks

Burnett

Corcoran

Darrough

Daus

Donnelly

Dougherty

Harris 23

Henke

Jolly

Kuessner

LeVota

Oxford

Robinson

Roorda

Rucker

Skaggs

Storch

Wallace

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 014

 

 

 

 

 

 

Bean

Bland

Bowman

Boykins

Dusenberg

El-Amin

Hubbard

Hunter

Johnson 90

Loehner

Marsh

Parson

Quinn

Yaeger

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            HCS HB 379, relating to financial institution regulators, was taken up by Representative Cooper (120).


            On motion of Representative Cooper (120), HCS HB 379 was read the third time and passed by the following vote:


AYES: 152

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Baker 25

Barnitz

Bearden

Behnen

Bivins

Black

Bland

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Chappelle-Nadal

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 110

Harris 23

Haywood

Henke

Hobbs

Hoskins

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

Stefanick

Stevenson

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 010

 

 

 

 

 

 

Bean

Bowman

Boykins

Dusenberg

El-Amin

Hubbard

Johnson 90

Marsh

Quinn

Yaeger

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


PERFECTION OF HOUSE BILL


            HCS HB 174, relating to real estate licenses, was taken up by Representative Wood.


            On motion of Representative Wood, HCS HB 174 was adopted.


            On motion of Representative Wood, HCS HB 174 was ordered perfected and printed.


COMMITTEE REPORTS


            Committee on Children and Families, Chairman Phillips reporting:


            Mr. Speaker: Your Committee on Children and Familes, to which was referred HCR 20, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


HOUSE CONCURRENT RESOLUTION NO. 20


              WHEREAS, according to a 1996 study by the Centers for Disease Control, 16% of six million-plus pregnancies ended in either a miscarriage or a stillbirth, or almost a million perinatal losses. Of those six million-plus pregnancies, 62% (3,720,000) ended in live births, and 26,784 of those births ended in infant deaths from eleven months and younger. This does not reflect the 22% who are lost to abortion; and


              WHEREAS, the availability of information and support is of the utmost importance to families who suffer from pregnancy and infant loss to better help them cope; and


              WHEREAS, a public that is informed and educated about pregnancy and infant loss can better learn how to respond with compassion to affect families; and


              WHEREAS, professionals who come in contact with families who have suffered pregnancy or infant loss, such as physicians, clergy, emergency medical technicians, funeral directors, police officers, public health nurses, and employers, can better serve families if they have special training and better knowledge of pregnancy and infant loss; and


              WHEREAS, a Pregnancy and Infant Loss Remembrance Day on October fifteenth is set aside to remember all of the pregnancies and infants lost in order to heal and be comforted in a time of pain and heartache, and to have hope for the future:


              NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-third General Assembly, First Regular Session, the Senate concurring therein, hereby proclaim October fifteenth of each year as "Pregnancy and Infant Loss Remembrance Day"; and


              BE IT FURTHER RESOLVED that this resolution be sent to the Governor for his approval or rejection pursuant to the Missouri Constitution.


            Committee on Corrections and Public Institutions, Chairman Kelly reporting:


            Mr. Speaker: Your Committee on Corrections and Public Institutions, to which was referred HB 236, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Corrections and Public Institutions, to which was referred HB 422, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Corrections and Public Institutions, to which was referred HB 453, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Corrections and Public Institutions, to which was referred HB 531, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Corrections and Public Institutions, to which was referred HB 631, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Committee on Crime Prevention and Public Safety, Chairman Lipke reporting:


            Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred HB 177, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred HB 353, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred HB 486, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred HB 684, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Committee on Elections, Chairman May reporting:


            Mr. Speaker: Your Committee on Elections, to which was referred HB 280, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.




            Committee on Health Care Policy, Chairman Cooper (155) reporting:


            Mr. Speaker: Your Committee on Health Care Policy, to which was referred HB 108, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Health Care Policy, to which was referred HB 462 and HB 463, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Committee on Insurance Policy, Chairman Yates reporting:


            Mr. Speaker: Your Committee on Insurance Policy, to which was referred HB 69, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Insurance Policy, to which was referred HB 388, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Insurance Policy, to which was referred HB 474, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Insurance Policy, to which was referred HB 596, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Committee on Judiciary, Chairman Byrd reporting:


            Mr. Speaker: Your Committee on Judiciary, to which was referred HB 362, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Special Committee on Urban Issues, Chairman Hoskins reporting:


            Mr. Speaker: Your Special Committee on Urban Issues, to which was referred HB 286, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Committee on Transportation, Chairman St. Onge reporting:


            Mr. Speaker: Your Committee on Transportation, to which was referred HB 43, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Transportation, to which was referred HB 53, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Transportation, to which was referred HB 155, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Transportation, to which was referred HB 375, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Transportation, to which was referred HB 410, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Transportation, to which was referred HB 487, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Transportation, to which was referred HB 513, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Transportation, to which was referred HB 518, HB 288, HB 418 and HB 635, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Transportation, to which was referred HB 618, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Committee on Workforce Development and Workplace Safety, Chairman Hunter reporting:


            Mr. Speaker: Your Committee on Workforce Development and Workplace Safety, to which was referred HB 148, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Workforce Development and Workplace Safety, to which was referred HB 519, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.




            Committee on Rules, Chairman Cooper (120) reporting:


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 119, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 208, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 215, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HB 343, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HB 345, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HB 376, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HB 412, begs leave to report it has examined the same and recommends that it Be Returned to the Committee of Origin.


            Mr. Speaker: Your Committee on Rules, to which was referred HB 413, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 437, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HB 445, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HB 479, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HB 524, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HB 564, begs leave to report it has examined the same and recommends that it Do Pass - NOT CONSENT, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HR 741, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.


HOUSE RESOLUTION NO. 741


              WHEREAS, the General Assembly has a tradition of granting the use of the House of Representatives and Senate Chambers for mock legislative workshops conducted by civic organizations; and


              WHEREAS, the Pentecostal Youth Group Mock Legislative program provides youth with an educational experience in state government by allowing such youth to participate in mock legislative hearings and floor discussions of bills that are of interest to youth:


              NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-third General Assembly, hereby grant the Pentecostal Youth Group permission to use the House Chamber on Monday, March 7, 2005, from 10:00 a.m. until 3:00 p.m. to conduct a mock legislative session.


            Mr. Speaker: Your Committee on Rules, to which was referred HR 813, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.


HOUSE RESOLUTION NO. 813


              WHEREAS, the General Assembly has a long tradition of granting the use of the House of Representatives and Senate Chambers for mock legislative workshops conducted by civic organizations; and


              WHEREAS, the YMCA Youth In Government Program is an educational experience in state government for high school students across the state by allowing such students to participate in mock legislative hearings and floor discussions of current issues that are of interest to high school students:

 

              NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-third General Assembly, hereby grant the YMCA Youth In Government Program use of the House Chamber and House Hearing Rooms on Saturday, November 19, 2005, for the YMCA Youth In Government Pre-convention Training, and on Thursday through Saturday, December 1-3, 2005, for the YMCA Youth In Government State Convention.


            Mr. Speaker: Your Committee on Rules, to which was referred HR 838, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.


HOUSE RESOLUTION NO. 838


              WHEREAS, the Missouri General Assembly has a long tradition of rendering assistance to those programs aimed at developing qualities of citizenship and leadership within our youth; and


              WHEREAS, the Missouri Girls State program of the American Legion Auxiliary has earned considerable recognition for its success in providing young women with a unique and valuable insight into the process of democratic government through a format of direct role-playing experience; and

 

              WHEREAS, during June 2005, the American Legion Auxiliary, Department of Missouri, is conducting the Sixty-fourth annual session of Missouri Girls State; and


              WHEREAS, an important highlight of this event is the conducting of a mock legislative session in the house Chamber at the State Capitol where participants will gather to gain a more realistic insight into official governmental and electoral proceedings:


              NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-third General Assembly, hereby grant the adult leaders and participants of the Sixty-fourth Session of the Missouri Girls State permission to use the House Chamber for the purpose of conducting a mock legislative session on Tuesday, June 21, 2005, from 9:30 a.m. to 12:00 p.m.


            Mr. Speaker: Your Committee on Rules, to which was referred HR 923, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.


HOUSE RESOLUTION NO. 923


              WHEREAS, the General Assembly has a tradition of granting the use of the House of Representatives and Senate Chambers for mock legislative workshops conducted by civic organizations; and


              WHEREAS, the Missouri Hugh O'Brian Youth Leadership (HOBY) Program provides lifelong leadership development opportunities by bringing together high-energy volunteers and high school sophomores with leaders in business, government, public service, volunteerism, and community service and education for seminars encouraging students to learn "how to think, not what to think":


              NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-second General Assembly, hereby grant the Missouri Hugh O'Brian Youth Leadership Program permission to use the House Chamber on Friday, May 20, 2005, from 2:00 p.m. until 5:00 p.m. for a seminar on government.


ADVANCEMENT OF CONSENT BILLS


            Pursuant to Rule 44(b), the following bills, having remained on the House Consent Calendar for Perfection for five legislative days, were ordered perfected and printed by consent with all committee substitutes and committee amendments thereto adopted and perfected by consent: HB 40, HCS HB 56 and HB 127.


INTRODUCTION OF HOUSE JOINT RESOLUTION


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


HJR 22, introduced by Representatives Bruns, Avery, Nieves, Richard, Meadows, Roorda, Moore and Pratt, relating to exemption of personal property for active duty military personnel.


INTRODUCTION OF HOUSE BILLS


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


HB 738, introduced by Representative Behnen, relating to real estate appraisers.


HB 739, introduced by Representatives Lowe (44), Quinn, Meiners, Skaggs, Chappelle-Nadal and Villa, relating to the duties of the board of probation and parole.


HB 740, introduced by Representatives Lowe (44), George, Zweifel, Corcoran, Dougherty, Haywood, Harris (110), Curls, Lampe, Fraser, Yaeger, Oxford, Selby, Baker (25), Sanders Brooks and Swinger, relating to employment practices relating to gender.


HB 741, introduced by Representative Byrd, relating to tort actions for asbestos claims.


HB 742, introduced by Representatives Bearden, Rupp and Kingery, relating to state support for higher education.


HB 743, introduced by Representatives Kingery, May, Wright (159), Swinger, Wallace, Avery, Jetton, Schaaf and Pratt, to authorize the conveyance of property owned by the state in Madison County to the United States for national forest purposes.


HB 744, introduced by Representative Tilley, relating to food inspection.


HB 745, introduced by Representative Dixon, relating to prior, persistent, and predatory sexual offenders.


HB 746, introduced by Representative Dixon, relating to misrepresentation of age by a minor to obtain liquor.


HB 747, introduced by Representative Dixon, relating to appointment of an additional family court commissioner in the thirty-first judicial circuit.


HB 748, introduced by Representative Dixon, relating to escape from commitment or detention.


HB 749, introduced by Representative Dixon, relating to school zones.


HB 750, introduced by Representative Dixon, relating to the cost of imprisonment in jail in certain counties.


HB 751, introduced by Representatives Young, Oxford, Walsh, Lampe, Brown (30), Shoemyer, Baker (25) and Darrough, relating to disabled parking signs.


HB 752, introduced by Representative Avery, relating to national guard tuition assistance.


HB 753, introduced by Representative Avery, relating to the academic scholarship program.


HB 764, introduced by Representative Avery, relating to the designation of a state poem.


HB 755, introduced by Representative Avery, relating to claims for damages and the payment thereof.


HB 756, introduced by Representative Sutherland, relating to collection of unpaid special assessments in neighborhood improvement districts.


HB 757, introduced by Representatives Rupp, Kelly, Jolly, Nieves, Brown (30) and Roorda, relating to law enforcement safety fund.


HB 758, introduced by Representative Schad, relating to certain sewer and water corporations.


HB 759, introduced by Representatives Lager, Fares, Goodman, Phillips, Richard, Ervin, Nolte, Guest, Dixon, Cooper (155), Wilson (119), Stevenson, Lipke, Wood, Faith, Pollock, Robb, Threlkeld, Bearden, Flook, Byrd, Stefanick, Baker (123), May, St. Onge, Brown (30), Sander, Bivins, Weter, Munzlinger, Muschany, McGhee, Icet, Yates, Guest, Parker, Lembke, Kraus, Sutherland, Dempsey, Ruestman, Self, Marsh, Hobbs, Tilley, Fisher, Jones, Nance, Day, Moore, Jackson, Sater, Dusenberg, Avery, Schaaf, Wells, Bruns, Myers, Quinn, Portwood, Kingery, Rupp, Wilson (130) and Wasson, relating to family cost participation in the Missouri first steps program.


HB 760, introduced by Representative Munzlinger, relating to the designation of a certain highway.


HB 761, introduced by Representatives Donnelly, Jolly, Zweifel, Aull, Skaggs, Moore, Lampe, Low (39), El-Amin, Chappelle-Nadal, Baker (25), Oxford, Fraser and Wright-Jones, relating to the designation of a certain highway.


HB 762, introduced by Representatives Donnelly, LeVota, Dougherty, Fraser, Zweifel, Yaeger, Page, Bringer and Storch, relating to advance voting.


MESSAGES FROM THE SENATE


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 38, entitled:


            An act to repeal section 227.340, RSMo, and to enact in lieu thereof one new section relating to the George Washington Carver Memorial Highway.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 42, entitled:


            An act to repeal section 162.700, RSMo, and to enact in lieu thereof one new section relating to the placement of certain special education pupils.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 57, entitled:


            An act to amend chapter 381, RSMo, by adding thereto two new sections relating to title insurance.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 73, entitled:


            An act to amend chapter 589, RSMo, by adding thereto one new section relating to sexual offender registry websites.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SBs 103 & 115, entitled:


            An act to repeal section 167.020, RSMo, and to enact in lieu thereof one new section relating to student enrollment hearings, with penalty provisions.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 156, entitled:


            An act to repeal sections 68.020 and 68.025, RSMo, and to enact in lieu thereof two new sections relating to port authorities.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 161, entitled:


            An act to amend chapter 160, RSMo, by adding thereto one new section relating to the powers of local school boards.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 192, entitled:


            An act to repeal section 490.733, RSMo, and to enact in lieu thereof one new section relating to hazardous materials.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 209, entitled:


            An act to amend chapter 227, RSMo, by adding thereto one new section relating to the designation of a certain highway.


            In which the concurrence of the House is respectfully requested.




            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 222, entitled:


            An act to amend chapter 149, RSMo, by adding thereto one new section relating to which tobacco products can be lawfully sold in Missouri.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 227, entitled:


            An act to amend chapter 227, RSMo, by adding thereto one new section relating to the establishment of the Trooper Robert Kolilis memorial highway.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 233, entitled:


            An act to amend chapter 227, RSMo, by adding thereto one new section relating to the Congressman Ike Skelton Bridge.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 238, entitled:


            An act to repeal sections 67.1775, 210.860, and 210.861, RSMo, and to enact in lieu thereof three new sections relating to local sales tax to provide community services for children.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 246, entitled:


            An act to amend chapter 644, RSMo, by adding thereto three new sections relating to the authorization of bonds.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 247, entitled:


            An act to repeal sections 301.444 and 301.3132, RSMo, and to enact in lieu thereof two new sections relating to special license plates.


            In which the concurrence of the House is respectfully requested.




            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 257, entitled:


            An act to repeal section 115.019, RSMo, and to enact in lieu thereof one new section relating to the board of election commissioners.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 258, entitled:


            An act to repeal section 205.010, RSMo, and to enact in lieu thereof one new section relating to county health centers.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 259, entitled:


              An act to repeal section 64.215, RSMo, and to enact in lieu thereof one new section relating to county planning boards.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 260, entitled:


            An act to repeal section 50.530, RSMo, and to enact in lieu thereof one new section relating to county officials.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 262, entitled:


            An act to repeal sections 311.070 and 311.615, RSMo, and to enact in lieu thereof two new sections relating to Missouri wine.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 266, entitled:


            An act to repeal section 168.104, RSMo, and to enact in lieu thereof one new section relating to teachers.


            In which the concurrence of the House is respectfully requested.




            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 267, entitled:


            An act to repeal section 137.115, RSMo, and to enact in lieu thereof one new section relating to property tax reassessment.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 268, entitled:


            An act to repeal section 184.357, RSMo, and to enact in lieu thereof one new section relating to museums and memorials.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 280, entitled:


            An act to repeal section 329.050, RSMo, and to enact in lieu thereof one new section relating to licensing requirements for cosmetologists.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 285, entitled:


            An act to repeal section 168.515, RSMo, and to enact in lieu thereof one new section relating to the career ladder program.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 286, entitled:


            An act to repeal sections 173.005 and 173.616, RSMo, and to enact in lieu thereof two new sections relating to out-of-state public institutions of higher education.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 304, entitled:


            An act to repeal sections 86.387 and 86.630, RSMo, and to enact in lieu thereof two new sections relating to police military leave.


            In which the concurrence of the House is respectfully requested.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 317, entitled:


            An act to repeal section 104.040, RSMo, and to enact in lieu thereof one new section relating to the highway patrol retirement system.


            In which the concurrence of the House is respectfully requested.


WITHDRAWAL OF HOUSE CONCURRENT RESOLUTION


March 8, 2005


Steve Davis, Chief Clerk

House of Representatives

State Capitol Building

Jefferson City, MO 65101


Dear Mr. Davis:


I respectfully request that House Concurrent Resolution No. 21 be withdrawn.


Thanking you in advance for your assistance in this matter. If you have any questions, please contact my office.


Sincerely,


/s/ Speaker Pro Tem Carl Bearden

District 16


            The following members' presence was noted: Boykins and El-Amin.


ADJOURNMENT


            On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Thursday, March 10, 2005.


CORRECTIONS TO THE HOUSE JOURNAL


AFFIDAVITS


I, State Representative Belinda Harris, District 110, hereby state and affirm that my vote as recorded on the motion to third read and pass HB 230 in the House Journal for Wednesday, March 9, 2005 showing that I voted aye was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted no. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.


IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 9th day of March 2005.


                                                                                                    /s/ Belinda Harris

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 9th day of March in the year 2005.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________


I, State Representative Sara Lampe, District 138, hereby state and affirm that my vote as recorded on the motion to third read and pass HB 230 in the House Journal for Wednesday, March 9, 2005 showing that I voted aye was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted no. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.


IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 9th day of March 2005.


                                                                                                    /s/ Sara Lampe

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 9th day of March in the year 2005.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk


COMMITTEE MEETINGS


ADMINISTRATION AND ACCOUNTS

Thursday, March 10, 2005, 8:00 a.m. Hearing Room 5.

Executive session may follow. AMENDED

Public hearings to be held on: HR 219, HR 1117


APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, March 10, 2005, 8:00 a.m. Hearing Room 3.

Executive session on committee recommendations. Recess 10:00 a.m.

Thirty minutes after morning adjournment executive session on committee recommendations.


CONSERVATION AND NATURAL RESOURCES

Thursday, March 10, 2005, 12:30 p.m. House Chamber south side gallery.

Possible Executive session.


CORRECTIONS AND PUBLIC INSTITUTIONS

Wednesday, March 16, 2005, 8:00 a.m. Hearing Room 4.

Public hearing to be held on: HB 661

Executive session will be held on: HB 491


INSURANCE POLICY

Thursday, March 10, 2005, 8:00 a.m. Hearing Room 4.

Executive session. AMENDED




JOINT COMMITTEE ON ADMINISTRATIVE RULES

Thursday, March 10, 2005, Thirty minutes after adjournment of both Houses.

Senate Committee Room 2. Executive session may or may not follow.

13 CSR 70-10.015, Department of Social Services, Medical Services, Nursing Home Program,

13 CSR 70-10.080, Department of Social Services, Medical Services, Nursing Home Program.


JUDICIARY

Thursday, March 10, 2005, House Chamber south side gallery upon morning adjournment.

Executive session.


LOCAL GOVERNMENT

Thursday, March 10, 2005, 8:00 a.m. Hearing Room 6.

Executive session will follow. AMENDED

Public hearings to be held on: HB 450, HB 559, HB 176, HB 558, HB 480, HB 180


RULES

Thursday, March 10, 2005, 12:45 p.m. House Chamber south side gallery.

Executive session may follow. AMENDED

Public hearings to be held on: HB 678, HB 688, HCS HB 474, HB 684, HB 596, HB 486,

HB 177, HB 69, HCS HB 388, HCS HB 576, HCS HB 508, HB 402, HCS HB 515, HB 456


SENIOR CITIZEN ADVOCACY

Thursday, March 10, 2005, 8:00 a.m. Hearing Room 1.

Executive session may follow. AMENDED

Public hearings to be held on: HB 649, HB 656, HB 681


HOUSE CALENDAR


THIRTY-SEVENTH DAY, THURSDAY, MARCH 10, 2005


HOUSE JOINT RESOLUTION FOR SECOND READING


HJR 22


HOUSE BILLS FOR SECOND READING


HB 738 through HB 762


HOUSE BILLS FOR PERFECTION


1          HCS HB 348 - Pearce

2          HCS HB 58 - Johnson (47)

3          HB 344 - Baker (123)

4          HB 376 - Guest

5          HB 564 - Boykins

6          HCS HB 437 - Jackson

7          HCS HB 208 - Icet


HOUSE BILLS FOR PERFECTION - CONSENT


(3/03/05)


1          HCS HB 47 - Brown (30)

2          HCS HB 163, 213 & 216 - Smith (14)

3          HB 592 - Cooper (120)


(3/07/05)


1          HB 269 - Bruns

2          HB 361 - Lipke

3          HCS HB 580 - Byrd


(3/08/05)


1          HB 243 - May

2          HB 397 - Henke

3          HB 423 - Kuessner

4          HB 431 - Wright (137)

5          HB 567 - Stevenson


(3/10/05)


1          HCS HB 119 - Jones

2          HCS HB 215 - Pearce

3          HB 343, HCA 1 - Baker (123)

4          HB 345 - Baker (123)

5          HB 413 - Hubbard

6          HB 445 - Guest

7          HB 479 - Ervin

8          HB 524 - May


HOUSE BILLS FOR THIRD READING


1          HCS#2 HB 94 & 185 - Cunningham (145)

2          HCS HB 365, E.C. - Munzlinger

3          HB 100 - Cunningham (86)

4          HCS HB 186, E.C. - Emery

5          HB 48, E.C. - Dougherty

6          HB 114 - Johnson (47)

7          HCS HB 174 - Wood




HOUSE BILLS FOR THIRD READING - CONSENT


1          HB 40, E.C. - Tilley

2          HCS HB 56 - Threlkeld

3          HB 127 - Bivins


SENATE BILLS FOR SECOND READING


1          SB 38

2          SB 42

3          SCS SB 57

4          SCS SB 73

5          SCS SBs 103 & 115

6          SB 156

7          SCS SB 161

8          SB 192

9          SB 209

10        SCS SB 222

11        SCS SB 227

12        SCS SB 233

13        SCS SB 238

14        SCS SB 246

15        SCS SB 247

16        SB 257

17        SCS SB 258

18        SB 259

19        SCS SB 260

20        SCS SB 262

21        SCS SB 266

22        SCS SB 267

23        SB 268

24        SB 280

25        SB 285

26        SB 286

27        SB 304

28        SB 317


BILL IN CONFERENCE


HCS SS SCS SB 1 & 130, as amended - Hunter


HOUSE CONCURRENT RESOLUTIONS


1          HCR 11, (2-17-05, Pages 351-352) - Sander

2          HCR 4, (3-02-05, Pages 467-468) - Burnett

3          HCR 9, (2-17-05, Page 351) - Bivins

4          HCR 15, (3-03-05, Pages 487-488) - Baker (123)