jrn038_28.ps

 

Journal of the House


First Regular Session, 93rd General Assembly




THIRTY-EIGHTH DAY, Monday, March 14, 2005

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Reverend James Earl Jackson.


              Heavenly Father, You are our light and our salvation – whom should we fear?


              You are the stronghold of our life – of whom should we be afraid?


              We do not fear the week ahead and the immense decisions to be made. We do not fear the specter of unfulfilled promises. We do not fear the prospect of making tough calls on tough issues. We do not fear the wide-ranging voices of dissent. But we do indeed have a wholesome dread of displeasing You.


              One thing we do ask of You Lord, grant us a hearing heart that we might discern between wisdom and foolishness. Guide us in the way of truth and keep us from harm.


              Now may the grace of our Lord rest and abide with us all,


              In the name of Your Son we pray. Amen.      


            The Pledge of Allegiance to the flag was recited.


            The Speaker appointed the following to act as an Honorary Page for the Day, to serve without compensation: Charlotte Franks.


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


HOUSE RESOLUTION


            Representative Nance offered House Resolution No. 1239.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 1210 - Representative Witte

            House Resolution No. 1211 - Representative Brown (30)

            House Resolution No. 1212 - Representative Storch

            House Resolution No. 1213 - Representative Dethrow

            House Resolution No. 1214

                        through

            House Resolution No. 1216 - Representative Munzlinger

            House Resolution No. 1217 - Representative Robb

            House Resolution No. 1218

                        through

            House Resolution No. 1223 - Representative Cunningham (145)

            House Resolution No. 1224

                        through

            House Resolution No. 1234 - Representative Robinson

            House Resolution No. 1235 - Representative Witte

            House Resolution No. 1236

                        and

            House Resolution No. 1237 - Representative Lager

            House Resolution No. 1238 - Representative Lampe

            House Resolution No. 1240 - Representative Lager

            House Resolution No. 1241

                         through

            House Resolution No. 1243 - Representative Brown (30)

            House Resolution No. 1244

                         and

            House Resolution No. 1245 - Representative Deeken

            House Resolution No. 1246 - Representative Meadows

            House Resolution No. 1247 - Representative Black

            House Resolution No. 1248 - Representatives Storch and Bowman


SECOND READING OF HOUSE JOINT RESOLUTION


            HJR 23 was read the second time.


SECOND READING OF HOUSE BILLS


            HB 763 through HB 777 were read the second time.


THIRD READING 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 read the third time and passed by the following vote:


AYES: 156

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Baker 25

Barnitz

Bearden

Behnen

Bivins

Black

Bowman

Boykins

Bringer

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

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 110

Harris 23

Henke

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 90

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

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

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Bean

Bland

Brooks

Haywood

Johnson 61

Phillips

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


PERFECTION OF HOUSE BILL


            HCS HB 58, relating to political subdivisions, was taken up by Representative Johnson (47).


            Representative Johnson (47) offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for House Bill No. 58, Section 247.060, Page 18, Lines 23 through 29, by deleting all of said lines; and


              Further amend said substitute, Section 250.140, Page 19, Line 19, by inserting immediately after all of said line the following:

              The provisions of this subsection shall become effective on February 1, 2006.”; and




              Further amend said bill, Section 1, Page 25, Line 6, by inserting immediately after all of said line the following:


              This section shall not apply to funds which state law requires a county office to create.”; and


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


            Representative Cooper (120) offered House Amendment No. 1 to House Amendment No. 1.


House Amendment No. 1

to

House Amendment No. 1


AMEND House Amendment No. 1 to House Committee Substitute for House Bill No. 58, Page 1, Line 12, by adding after the word “create” the following:


              "or if such fund is approved by the qualified voters of the county.".


            Speaker Jetton assumed the Chair.


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


            On motion of Representative Johnson (47), House Amendment No. 1, as amended, was adopted.


            Representative Johnson (47) offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for House Bill No. 58, Section 2, Page 26, Line 8 of said section, by inserting the following after all of said line:


              "Section 3. Notwithstanding any other section to the contrary, when any city, town or village in any county with a charter form of government and with more than six hundred thousand but fewer than seven hundred thousand inhabitants that:

              (1) Has previously taken over the operation of a rural water district; and

              (2) Supplies water services outside its corporate boundaries; and

              (3) Undertakes to supply sewer services in or immediately adjacent to such area already receiving water services outside its corporate boundaries;


then premises receiving water services in or immediately adjacent to such area must be allowed to receive sewer services at the same rate charged for such services within the corporate boundaries without first being required to annex into the city, town or village.”; and


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


            Representative Cooper (120) assumed the Chair.


            On motion of Representative Johnson (47), House Amendment No. 2 was adopted.


            Representative Emery offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for House Bill No. 58, Page 3, Section 49.093, Line 20, by inserting after all of said line the following:


              "49.272. The county commission of any county of the first classification without a charter form of government and with more than one hundred thirty-five thousand four hundred but less than one hundred thirty-five thousand five hundred inhabitants, and in any county of the first classification without a charter form of government having a population of at least eighty-two thousand inhabitants, but less than eighty-two thousand one hundred inhabitants, any county of the first classification with more than one hundred four thousand six hundred but fewer than one hundred four thousand seven hundred inhabitants, any county of the first classification with more than one hundred ninety-eight thousand but fewer than one hundred ninety-nine thousand two hundred inhabitants, and any county of the first classification with more than two hundred forty thousand three hundred but less than two hundred forty thousand four hundred inhabitants, which has an appointed county counselor and which adopts or has adopted rules, regulations or ordinances under authority of a statute which prescribes or authorizes a violation of such rules, regulations or ordinances to be a misdemeanor punishable as provided by law, may by rule, regulation or ordinance impose a civil fine not to exceed one thousand dollars for each violation. Any fines imposed and collected under such rules, regulations or ordinances shall be payable to the county general fund to be used to pay for the cost of enforcement of such rules, regulations or ordinances."; and


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


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


            Representative Smith (14) offered House Amendment No. 4.


House Amendment No. 4


AMEND House Committee Substitute for House Bill No. 58, Page 8, Section 59.044, Line 4, by inserting after said line the following:


              "66.411. No county with a charter form of government and with more than two hundred fifty thousand but fewer than three hundred fifty thousand inhabitants shall initiate, perform, or pursue any act, action, or proceeding to consolidate, dissolve, eliminate, merge, or terminate a municipal fire protection department of any home rule city with more than sixty thousand three hundred but fewer than sixty thousand four hundred inhabitants.”; and

 

Further amend said bill, Page 20, Section 278.240, Line 30, by inserting after said line the following:


              “321.120. 1. The decree of incorporation shall not become final and conclusive until it has been submitted to an election of the voters residing within the boundaries described in such decree, and until it has been assented to by a majority vote of the voters of the district voting on the question. The decree shall also provide for the holding of the election to vote on the proposition of incorporating the district, and to select three or five persons to act as the first board of directors, and shall fix the date for holding the election.

              2. The question shall be submitted in substantially the following form:


              Shall there be incorporated a fire protection district?

                                                         □ YES                                 NO

              3. The proposition of electing the first board of directors or the election of subsequent directors may be submitted on a separate ballot or on the same ballot which contains any other proposition of the fire protection district. The ballot to be used for the election of a director or directors shall be substantially in the following form:



OFFICIAL BALLOT

 Instruction to voters:

              Place a cross (X) mark in the square opposite the name of the candidate or candidates you favor. (Here state the number of directors to be elected and their term of office.)

ELECTION

              (Here insert name of district.) Fire Protection District. (Here insert date of election.)

FOR BOARD OF DIRECTORS

......................... □

......................... □

......................... □


              4. If a majority of the voters voting on the proposition or propositions voted in favor of the proposition to incorporate the district, then the court shall enter its further order declaring the decree of incorporation to be final and conclusive. In the event, however, that the court finds that a majority of the voters voting thereon voted against the proposition to incorporate the district, then the court shall enter its further order declaring the decree of incorporation to be void and of no effect. If the court enters an order declaring the decree of incorporation to be final and conclusive, it shall at the same time designate the first board of directors of the district who have been elected by the voters voting thereon. If a board of three members is elected, the person receiving the third highest number of votes shall hold office for a term of two years, the person receiving the second highest number of votes shall hold office for a term of four years, and the person receiving the highest number of votes shall hold office for a term of six years from the date of the election of the first board of directors and until their successors are duly elected and qualified. For any county with a charter form of government and with more than two hundred fifty thousand but fewer than three hundred fifty thousand inhabitants, any county of the third classification without a township form of government and with more than thirty-eight thousand nine hundred but fewer than thirty-nine thousand inhabitants, any county with a charter form of government and with more than one million inhabitants, and any county of the first classification with more than one hundred ninety-eight thousand but fewer than one hundred ninety-nine thousand two hundred inhabitants, any successor elected and qualified in the year 2006 or 2007 shall hold office for a term of five years and until his or her successor is duly elected and qualified. Thereafter, members of the board shall be elected to serve terms of four years and until their successors are duly elected and qualified. Any successor elected and qualified in the year 2006 or 2007 shall hold office for a term of five years and until his or her successor is duly elected and qualified. Thereafter, members of the board shall be elected to serve terms of four years and until their successors are duly elected and qualified. If a board of five members is elected, the person who received the highest number of votes shall hold office for a term of six years, the persons who received the second and third highest numbers of votes shall hold office for terms of four years and the persons who received the fourth and fifth highest numbers of votes shall hold office for terms of two years and until their successors are duly elected and qualified. Thereafter, members of the board shall be elected to serve terms of [six] four years and until their successors are duly elected and qualified. The court shall at the same time enter an order of record declaring the result of the election on the proposition, if any, to incur bonded indebtedness.

              5. Notwithstanding the provisions of subsections 1 to 4 of this section to the contrary, upon a motion by the board of directors in districts where there are three-member boards, and upon approval by the voters in the district, the number of directors may be increased to five, except that in any county of the first classification with a population of more than nine hundred thousand inhabitants such increase in the number of directors shall apply only in the event of a consolidation of existing districts. The ballot to be used for the approval of the voters to increase the number of members on the board of directors of the fire protection district shall be substantially in the following form:

              Shall the number of members of the board of directors of the ............................ (Insert name of district) Fire Protection District be increased to five members?

                                                         □ YES                                 NO


If a majority of the voters voting on the proposition vote in favor of the proposition then at the next election of board members after the voters vote to increase the number of directors, the voters shall select two persons to act in addition to the existing three directors as the board of directors. The court which entered the order declaring the decree of incorporation to be final shall designate the additional board of directors who have been elected by the voters voting thereon as follows: the one receiving the second highest number of votes to hold office for a term of four years, and the one receiving the highest number of votes to hold office for a term of six years from the date of the election of such additional board of directors and until their successors are duly elected and qualified. [Thereafter, members of the board shall be elected to serve terms of six years and until their successors are] For any county with a charter form of government and with more than two hundred fifty thousand but fewer than three hundred fifty thousand inhabitants, any county of the third classification without a township form of government and with more than thirty-eight thousand nine hundred but fewer than thirty-nine thousand inhabitants, any county with a charter form of government and with more than one million inhabitants, and any county of the first classification with more than one hundred ninety-eight thousand but fewer than one hundred ninety-nine thousand two hundred inhabitants, any successor elected and qualified in the year 2006 or 2007 shall hold office for a term of five years and until his or her successor is duly elected and qualified. Thereafter, members of the board shall be elected to serve terms of four years and until their successors are duly elected and qualified. Members of the board elected after August 28, 2005, shall serve terms of four years and until their successors are duly elected and qualified; however, any member serving a six-year term as of August 28, 2005, shall serve the remainder of the six-year term and until his or her successor is duly elected and qualified.

              6. Members of the board of directors in office on the date of an election pursuant to subsection 5 of this section to elect additional members to the board of directors shall serve the term to which they were elected or appointed and until their successors are elected and qualified.


              321.190. Each member of the board may receive an attendance fee not to exceed one hundred dollars for attending each regularly called board meeting, or special meeting, but shall not be paid for attending more than two in any calendar month, except that in a county of the first class having a charter form of government, he shall not be paid for attending more than four in any calendar month. However, no board member shall be paid more than one attendance fee if such member attends more than one board meeting in a calendar week. In addition, the chairman of the board of directors may receive fifty dollars for attending each regularly or specially called board meeting, but shall not be paid the additional fee for attending more than two meetings in any calendar month. Each member of the board shall be reimbursed for his actual expenditures in the performance of his duties on behalf of the district. The secretary and the treasurer, if members of the board of directors, may each receive such additional compensation for the performance of their respective duties as secretary and treasurer as the board shall deem reasonable and necessary, not to exceed one thousand dollars per year. The circuit court having jurisdiction over the district shall have power to remove directors or any of them for good cause shown upon a petition, notice and hearing.”; and


              Further amend said bill, Page 20, Section 321.322, Line 3, by deleting the word “fifty” and inserting the words “sixty five”; and


              Further amend said bill, Page 22, Section 321.322, Line 61, by inserting after said line the following:

 

              “321.603. In addition to the compensation provided pursuant to section 321.190 for fire protection districts located in a county of the first classification with a charter form of government, each member of any such fire protection district board may receive an attendance fee not to exceed one hundred dollars for attending a board meeting conducted pursuant to chapter 610, RSMo, but such board member shall not be paid for attending more than four such meetings in any calendar month. However, no board member shall be paid more than one attendance fee if such member attends more than one meeting conducted under chapter 610, RSMo, in a calendar week."; and


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


            Representative Bearden offered House Amendment No. 1 to House Amendment No. 4.


House Amendment No. 1

to

House Amendment No. 4


AMEND House Amendment No. 4 to House Committee Substitute for House Bill No. 58, Page 1, Lines 1 through 7, by deleting all of said lines.


            On motion of Representative Bearden, House Amendment No. 1 to House Amendment No. 4 was adopted.


            On motion of Representative Smith (14), House Amendment No. 4, as amended, was adopted.


            Representative Pratt offered House Amendment No. 5.


House Amendment No. 5


AMEND House Committee Substitute for House Bill No. 58, Page 23, Section 573.505, Line 5, by deleting the phrase "[ten] five" and inserting in lieu thereof the word "ten"; and


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


            Representative Skaggs offered House Amendment No. 1 to House Amendment No. 5.


House Amendment No. 1

to

House Amendment No. 5


AMEND House Amendment No. 5 to House Committee Substitute for House Bill No. 58, Page 1, Section 573.505, Line 3, by deleting the word “ten” and inserting in lieu thereof the word “twenty”; and


              Further amend said title enacting clause and intersectional references accordingly.


            Representative Skaggs moved that House Amendment No. 1 to House Amendment No. 5 be adopted.


            Which motion was defeated by the following vote:


AYES: 043

 

 

 

 

 

 

 

 

 

Bowman

Bringer

Brown 30

Brown 50

Byrd

Chappelle-Nadal

Casey

Darrough

Day

Denison

Donnelly

Fisher

Franz

Fraser

Harris 110

Harris 23

Henke

Johnson 90

Jolly

Kuessner

LeVota

Liese

Low 39

McGhee

Meiners

Oxford

Portwood

Pratt

Rector

Robinson

Roorda

Rucker

Selby

Shoemyer

Skaggs

Stevenson

Storch

Walton

Wildberger

Witte

Wright-Jones

Yaeger

Zweifel

 

 

 

 

 

 

 

NOES: 109

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Baker 25

Barnitz

Bearden

Behnen

Bivins

Black

Bland

Boykins

Bruns

Burnett

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Daus

Davis

Deeken

Dempsey

Dethrow

Dixon

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

George

Goodman

Guest

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kratky

Kraus

Lager

Lampe

Lembke

Lipke

Loehner

Lowe 44

Marsh

May

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Parker

Parson

Pearce

Pollock

Quinn

Richard

Roark

Robb

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Self

Smith 118

Smith 14

Spreng

Stefanick

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Wood

Wright 159

Yates

Young

Mr Speaker

 

 

 

 

 

 

PRESENT: 004

 

 

 

 

 

 

 

 

 

Brooks

Fares

Meadows

Wright 137

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Bean

Flook

Haywood

Johnson 61

Page

Phillips

 

 

 

 

 

 

 

 

 

VACANCIES: 001


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


            Speaker Pro Tem Bearden resumed the Chair.


            Representative Kelly offered House Amendment No. 6.


House Amendment No. 6


AMEND House Committee Substitute for House Bill No. 58, Page 18, Section 247.180, Line 10, by inserting after said line the following:


              “249.1150. 1. There is hereby created within any county of the third classification without a township form of government and with more than thirty-four thousand but less than thirty-four thousand one hundred inhabitants, any county of the second classification without a township form of government and with more than fifty-four thousand two hundred but less than fifty-four thousand three hundred inhabitants, [any county of the third classification without a township form of government and with more than thirteen thousand seventy-five but less than thirteen thousand one hundred seventy-five inhabitants,] any county of the first classification with more than two hundred forty thousand three hundred but less than two hundred forty thousand four hundred inhabitants, [any county of the third classification without a township form of government and with more than nine thousand four hundred fifty but less than nine thousand five hundred fifty inhabitants,] any county of the third classification without a township form of government and with more than twenty-eight thousand six hundred but less than twenty-eight thousand seven hundred inhabitants, any county of the first classification with more than thirty-nine thousand seven hundred but less than thirty-nine thousand eight hundred inhabitants, and any county of the third classification without a township form of government and with more than thirty-one thousand but less than thirty-one thousand one hundred inhabitants, [and any county of the third classification without a township form of government and with more than seventeen thousand nine hundred but less than eighteen thousand inhabitants,] the Upper White River Basin Watershed Improvement District. The watershed improvement district is authorized to own, install, operate, and maintain decentralized or individual on-site wastewater treatment plants. The watershed improvement district created under this section shall be a body corporate and a political subdivision of the state of Missouri, shall be capable of suing and being sued in contract in its corporate name, and shall be capable of holding such real and personal property necessary for corporate purposes. The district shall implement procedures to regulate the area within the district and to educate property owners within the district about the requirements imposed by the district.

              2. The watershed improvement district created under this section shall have the power to borrow money and incur indebtedness and evidence the same by certificates, notes, or debentures, to issue bonds and use any one or more lawful funding methods the district may obtain for its purposes at such rates of interest as the district may determine. Any bonds, notes, and other obligations issued or delivered by the district may be secured by mortgage, pledge, or deed of trust of any or all of the property within the district. Every issue of such bonds, notes, or other obligations shall be payable out of property and revenues of the district and may be further secured by other property within the district, which may be pledged, assigned, mortgaged, or a security interest granted for such payment, without preference or priority of the first bonds issued, subject to any agreement with the holders of any other bonds pledging any specified property or revenues. Such bonds, notes, or other obligations shall be authorized by resolution of the district board, and shall bear such date or dates, and shall mature at such time or times, but not in excess of thirty years, as the resolution shall specify. Such bonds, notes, or other obligations shall be in such denomination, bear interest at such rate or rates, be in such form, either coupon or registered, be issued as current interest bonds, compound interest bonds, variable rate bonds, convertible bonds, or zero coupon bonds, be issued in such manner, be payable in such place or places, and be subject to redemption as such resolution may provide, notwithstanding section 108.170, RSMo. The bonds, notes, or other obligations may be sold at either public or private sale, at such interest rates, and at such price or prices as the district shall determine.

              3. The county commission of any county located within the watershed improvement district may authorize individual properties to be served by the district by adoption of a resolution or upon the filing of a petition signed by at least twenty percent of the property owners of the proposed area. The resolution or petition shall describe generally the size and location of the proposed area.

              4. In the event that any property within the watershed improvement district proposed under this section lies within or is serviced by any existing sewer district formed under this chapter, chapter 204, or chapter 250, RSMo, the property shall not become part of the watershed improvement district formed under this section unless the existing sewer district agrees to refrain from providing service or to discontinue service to the property. No property shall become part of the watershed district until the owner of that property has paid in full all outstanding costs owed to an existing sewer district formed under this chapter, chapter 204, or chapter 250, RSMo.

              5. Upon the creation of the watershed improvement district as authorized by this section, a board of trustees for the district consisting of nine members shall be appointed. The governing body of each county shall appoint one member to serve on the board. No trustee shall reside in the same county as another trustee. Of the initial trustees appointed, five shall serve terms of one year, and four shall serve terms of two years, as determined by lot. After the initial appointments of the trustees, the successor trustees shall reside in the same county as the prior trustee and be elected by the resident property owners of their county within the district. Each trustee may be elected to no more than five consecutive two-year terms. Vacancies shall be filled by the board. Each trustee shall serve until a successor is elected and sworn. The trustees shall not receive compensation for their services, but may be reimbursed for their actual and necessary expenses. The board shall elect a chair and other officers necessary for its membership. The board shall enter into contracts with any person or entity for the maintenance, administrative, or support work required to administer the district. The board may charge reasonable fees and submit proposals to levy and impose property taxes to fund the operation of the district to the qualified voters in the district, but such proposals shall not become effective unless a majority of the qualified voters in the district voting on the proposals approve the proposed levy and rate of tax. The board may adopt resolutions necessary to the operation of the district.  

              6. No service shall be initiated to any property lying within the watershed improvement district created under this section unless the property owner elects to have the service provided by the district.

              7. Any on-site wastewater treatment system installed on any property that participates in the watershed improvement district formed under this section shall meet all applicable standards for such on-site wastewater treatment systems under sections 701.025 to 701.059, RSMo, and as required by rules or regulations promulgated by the board of trustees and the appropriate state agencies.

              8. Property owners participating in the watershed improvement district formed under this section shall be required as a condition of continued participation to have a maintenance plan approved by the watershed improvement district for the on-site wastewater treatment systems on their properties. Such property owners shall also execute a utilities easement to allow the district access to the system for maintenance purposes and inspections. The property owner shall provide satisfactory proof that periodic maintenance is performed on the sewage system. At a minimum the system shall be installed and maintained according to the manufacturer's recommendations. The level of satisfactory proof required and the frequency of periodic proof shall be determined by the board of trustees.

              9. A district established under this section may, at a general or primary election, submit to the qualified voters within the district boundaries a real property tax that shall not exceed five cents per one hundred dollars assessed valuation to fund the operation of the district. The ballot of submission shall be in substantially the following form:


              Shall the .......... (name of district) impose a real property tax within the district at a rate of not more than .......... (insert amount) dollars per hundred dollars of assessed valuation to fund the operation of the district?

                                                         □ 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 in each county that is part of the district favor the proposal, then the real property tax shall become effective in the district on the first day of the year following the year of the election. If a majority of the votes cast in each county that is a part of the district oppose the proposal, then that county shall not impose the real property tax authorized in this section until after the county governing body has submitted another such real property tax proposal and the proposal is approved by a majority of the qualified voters voting thereon. However, if a real property tax proposal is not approved, the governing body of the county shall not resubmit a proposal to the voters under this section sooner than twelve months from the date of the last proposal submitted under this section.

              10. The real property tax authorized by this section is in addition to all other real property taxes allowed by law.

              11. Once the real property tax authorized by this section is abolished or terminated by any means, all funds remaining in the trust fund shall be used solely for the purposes approved in the ballot question authorizing the tax. The tax shall not be abolished or terminated while the district has any financing or other obligations outstanding. Any funds in the trust fund which are not needed for current expenditures may be invested by the district in the securities described in subdivisions (1) to (12) of subsection 1 of section 30.270, RSMo, or repurchase agreements secured by such securities.


              249.1152. 1. Upon the adoption of a resolution by the governing body of any county of the third classification located within any watershed in this state, or upon the filing of a petition by the property owners residing within the portion of the watershed that is located within the county's boundaries, a watershed improvement district may be proposed as authorized in this section. The resolution or the petition shall contain the following information:

              (1) The specific description of the watershed, which shall be identical to any United States geological survey designated watershed, and the proposed district within the county including a map illustrating the boundaries of both the watershed and the proposed district;

              (2) The name of the proposed district;

              (3) If the creation of the district is proposed by petition filed by property owners, the name and residence of each petitioner; and

              (4) The purpose of the district.

              2. Upon the adoption of a resolution proposing the creation of the district under this section, the governing body of the county shall, by order or ordinance, provide a hearing on the creation of the district. The order or ordinance providing a hearing on the creation of such a district shall contain the following information:

              (1) A description of the boundaries of the proposed district; and

              (2) The time and place of a hearing to be held to consider establishment of the proposed district.

              3. Whenever a hearing is held as provided by this section, the governing body of the county approving the proposed district shall:

              (1) Publish notice of the hearing on two separate occasions in at least one newspaper of general circulation in each county located within the proposed district, with the first publication to occur not more than thirty days before the hearing, and the second publication to occur not more than fifteen days or less than ten days before the hearing. The purpose of the district shall be published in the hearing notice;

              (2) Hear all protests and receive evidence for or against the establishment of the proposed district; and

              (3) Rule upon all protests, which determinations shall be final.

              4. Following the hearing, if the governing body of any county located within the proposed district decides to establish the proposed district, the county shall adopt an order to that effect. If the governing body of any county located within the proposed district receives a petition signed by at least twenty percent of the property owners in the proposed district requesting establishment of the proposed district then the county shall adopt an order to that effect. An order adopted under this subsection shall contain the following:

              (1) The description of the boundaries of the watershed, which shall be identical to any United States geological survey designated watershed, and the boundaries of the district within the county;

              (2) A statement that a watershed improvement district has been established;

              (3) The name of the district;

              (4) A declaration that the district is a political subdivision of the state; and

              (5) The purpose of the district.

              5. A district established under this section may, at a general or primary election, submit to the qualified voters within the district boundaries a real property tax that shall not exceed five cents per one hundred dollars assessed valuation to fund the operation of the district. The ballot of submission shall be in substantially the following form:

              Shall the .......... (name of district) impose a real property tax within the district at a rate of not more than .......... (insert amount) dollars per hundred dollars of assessed valuation to fund the operation of the district?

                                                         □ 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 in each county that is part of the district favor the proposal, then the real property tax shall become effective in the district on the first day of the year following the year of the election. If a majority of the votes cast in each county that is a part of the district oppose the proposal, then that county shall not impose the real property tax authorized in this section until after the county governing body has submitted another such real property tax proposal and the proposal is approved by a majority of the qualified voters voting thereon. However, if a real property tax proposal is not approved, the governing body of the county shall not resubmit a proposal to the voters under this section sooner than twelve months from the date of the last proposal submitted under this section.

              6. The real property tax authorized by this section is in addition to all other real property taxes allowed by law.

              7. Once the real property tax authorized by this section is abolished or terminated by any means, all funds remaining in the trust fund shall be used solely for the purposes approved in the ballot question authorizing the tax. The tax shall not be abolished or terminated while the district has any financing or other obligations outstanding. Any funds in the trust fund which are not needed for current expenditures may be invested by the district in the securities described in subdivisions (1) to (12) of subsection 1 of section 30.270, RSMo, or repurchase agreements secured by such securities.

              8. There is hereby created a board of trustees to administer any district created and the expenditure of revenue generated under this section. The board shall consist of at least three but not more than ten individuals from the district. The board shall be appointed by the governing body of each county in the district. The membership of the board shall to the extent practicable be in proportion to the number of people living in the watershed in each county. Each county located within the district shall be represented on the board by at least one trustee. Of the initial trustees appointed from each county, a majority shall serve terms of one year, and the remainder shall serve terms of two years, as determined by lot. After the initial appointments of the trustees, the trustees shall be elected by the property owners within the district. Each trustee may be elected to no more than five consecutive two-year terms. Vacancies shall be filled by the board. Each trustee shall serve until a successor is elected and sworn. The trustees shall not receive compensation for their services, but may be reimbursed for their actual and necessary expenses. The board shall elect a chair and other officers necessary for its membership.

              9. A watershed improvement district created under this section is authorized to own, install, operate, and maintain decentralized or individual on-site wastewater treatment plants. A watershed improvement district created under this section shall be a body corporate and a political subdivision of the state of Missouri, shall be capable of suing and being sued in contract in its corporate name, and shall be capable of holding such real and personal property necessary for corporate purposes. The district shall implement procedures to regulate the area within and consistent with the purpose of the district and to educate property owners about the requirements imposed by the district.

              10. A watershed improvement district created under this section shall have the power to borrow money and incur indebtedness and evidence the same by certificates, notes, or debentures, to issue bonds and use any one or more lawful funding methods the district may obtain for its purposes at such rates of interest as the district may determine. Any bonds, notes, and other obligations issued or delivered by the district may be secured by mortgage, pledge, or deed of trust of any or all of the property within the district. Every issue of such bonds, notes, or other obligations shall be payable out of property and revenues of the district and may be further secured by other property within the district, which may be pledged, assigned, mortgaged, or a security interest granted for such payment, without preference or priority of the first bonds issued, subject to any agreement with the holders of any other bonds pledging any specified property or revenues. Such bonds, notes, or other obligations shall be authorized by resolution of the district board, and shall bear such date or dates, and shall mature at such time or times, but not in excess of thirty years, as the resolution shall specify. Such bonds, notes, or other obligations shall be in such denomination, bear interest at such rate or rates, be in such form, either coupon or registered, be issued as current interest bonds, compound interest bonds, variable rate bonds, convertible bonds, or zero coupon bonds, be issued in such manner, be payable in such place or places, and be subject to redemption as such resolution may provide, notwithstanding section 108.170, RSMo. The bonds, notes, or other obligations may be sold at either public or private sale, at such interest rates, and at such price or prices as the district shall determine.

              11. The county commission of any county located within a watershed improvement district may authorize individual properties to be served by the district by adoption of a resolution or upon the filing of a petition signed by at least twenty percent of the property owners of the proposed area. The resolution or petition shall describe generally the size and location of the proposed area.

              12. In the event that any property within a watershed improvement district proposed under this section lies within or is serviced by any existing sewer district formed under this chapter, chapter 204, or chapter 250, RSMo, the property shall not become part of the watershed improvement district formed under this section unless the existing sewer district agrees to refrain from providing service or to discontinue service to the property. No property shall become part of the watershed district until the owner of that property has paid in full all outstanding costs owed to an existing sewer district formed under this chapter, chapter 204, or chapter 250, RSMo.

              13. No service shall be initiated to any property lying within the watershed improvement district created under this section unless the property owner elects to have the service provided by the district.

              14. Any on-site wastewater treatment systems installed on any property that participates in the watershed improvement district formed under this section shall meet all applicable standards for such on-site wastewater treatment systems under sections 701.025 to 701.059, RSMo, and as required by rules or regulations promulgated by the appropriate state agencies.

              15. Property owners participating in the watershed improvement district formed under this section shall be required as a condition of continued participation to have a maintenance plan approved by the watershed improvement district for the on-site wastewater treatment systems on their properties. Such property owners shall also execute a utilities easement to allow the district access to the system for maintenance purposes and inspections. The property owner shall provide satisfactory proof that periodic maintenance is performed on the sewage system. The level of satisfactory proof required and the frequency of periodic proof shall be determined by the board of trustees.

              16. In the event that the district is dissolved or terminated by any means, the governing bodies of the counties in the district shall appoint a person to act as trustee for the district so dissolved or terminated. Before beginning the discharge of duties, the trustee shall take and subscribe an oath to faithfully discharge the duties of the office, and shall give bond with sufficient security, approved by the governing bodies of the counties, to the use of the dissolved or terminated district, for the faithful discharge of duties. The trustee shall have and exercise all powers necessary to liquidate the district, and upon satisfaction of all remaining obligations of the district, shall pay over to the county treasurer of each county in the district and take receipt for all remaining moneys in amounts based on the ratio the levy of each county bears to the total levy for the district in the previous three years or since the establishment of the district, whichever time period is shorter. Upon payment to the county treasurers, the trustee shall deliver to the clerk of the governing body of any county in the district all books, papers, records, and deeds belonging to the dissolved district.

              17. For a watershed improvement district located in any county of the third classification without a township form of government and with more than thirteen thousand seventy-five but fewer than thirteen thousand one hundred seventy-five inhabitants, any county of the third classification without a township form of government and with more than nine thousand four hundred fifty but fewer than nine thousand five hundred fifty inhabitants, or any county of the third classification without a township form of government and with more than seventeen thousand nine hundred but fewer than eighteen thousand inhabitants, upon the filing of a petition signed by at least twenty percent of the qualified voters of the county requesting removal of the county from a watershed improvement district, the governing body of such county shall at the next general or primary election submit the question to the qualified voters of the county. The ballot submission shall be in substantially the following form:

              Shall .......... County be removed from the ..... watershed improvement district?

                                                         □ 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 in the county favor the proposal submitted under this subsection, the county shall be removed from the district. If a majority of the votes cast in the county oppose the proposal submitted under this subsection, the county shall not be removed from the district."; and


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


            On motion of Representative Kelly, House Amendment No. 6 was adopted by the following vote:


AYES: 120

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Barnitz

Bearden

Behnen

Black

Bland

Bowman

Boykins

Bringer

Brown 30

Brown 50

Bruns

Byrd

Chappelle-Nadal

Casey

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Darrough

Daus

Davis

Day

Deeken

Dempsey

Dethrow

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fisher

Flook

Franz

Fraser

Harris 110

Henke

Hobbs

Hoskins

Hubbard

Hughes

Icet

Jackson

Johnson 90

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lembke

LeVota

Lipke

Loehner

McGhee

Meadows

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Parker

Parson

Pearce

Pollock

Portwood

Pratt

Quinn

Rector

Roark

Robb

Robinson

Roorda

Rucker

Rupp

Salva

Sander

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Skaggs

Spreng

Stefanick

St. Onge

Storch

Sutherland

Swinger

Threlkeld

Tilley

Villa

Wagner

Wallace

Walsh

Walton

Wells

Weter

Whorton

Wildberger

Wilson 119

Witte

Wright-Jones

Wright 159

Yates

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 032

 

 

 

 

 

 

 

 

 

Baker 25

Bivins

Burnett

Chinn

Denison

Dixon

Goodman

Guest

Harris 23

Hunter

Johnson 47

Jolly

Lampe

Liese

Low 39

Lowe 44

May

Meiners

Richard

Ruestman

Sater

Smith 118

Smith 14

Stevenson

Viebrock

Vogt

Wasson

Wilson 130

Wood

Wright 137

Yaeger

Young

 

 

 

 

 

 

 

 

PRESENT: 004

 

 

 

 

 

 

 

 

 

Brooks

Curls

Fares

George

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Bean

Haywood

Johnson 61

Marsh

Page

Phillips

 

 

 

 

 

 

 

 

 

VACANCIES: 001




            Representative Pollock offered House Amendment No. 7.


House Amendment No. 7


AMEND House Committee Substitute for House Bill No. 58, Page 8, Section 59.044, Line 4, by inserting after all of said line the following:


              "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 department of economic development 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 title, enacting clause and intersectional references accordingly.


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


            HCS HB 58, as amended, was laid over.


COMMITTEE REPORTS


            Committee on Conservation and Natural Resources, Chairman Hobbs reporting:


            Mr. Speaker: Your Committee on Conservation and Natural Resources, to which was referred HJR 16, 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 Health Care Policy, Chairman Cooper (155) reporting:


            Mr. Speaker: Your Committee on Health Care Policy, to which was referred HB 232, begs leave to report it has examined the same and recommends that the House Committee Substitute No. 2 Do Pass by Consent, 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 HB 43, 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 53, 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 108, 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 155, 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 236, 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 280, 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 342, 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 362, 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 394, 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 422, 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 448, 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 450, 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 453, 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 HBs 462 & 463, 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 487, 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 513, 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 531, 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 618, 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 631, 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 SCR 3, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.


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 269 and HB 361.


INTRODUCTION OF HOUSE BILLS


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


HB 778, introduced by Representative LeVota, relating to Jackson county official term limits.


HB 779, introduced by Representatives Robb, Wells, Flook, Lowe (44), Rucker, Baker (25), Bearden and Sutherland, relating to new market tax credits.


HB 780, introduced by Representative Pratt, relating to telecommunications service rates.


HB 781, introduced by Representative Pratt, relating to school police officers.


HB 782, introduced by Representative Skaggs, relating to the housing development commission.


HB 783, introduced by Representative Tilley, relating to naturopathic medicine.


HB 784, introduced by Representatives Meadows, Roorda, Casey, Salva, Wildberger, Johnson (47), Pratt, St. Onge, Zweifel, Wagner, Walsh, Kuessner, Corcoran, Schoemehl, Kratky, Page, Henke, Liese, Darrough, Bringer, Baker (25), Swinger, Johnson (90), Harris (110), Lampe, Yaeger and Aull, relating to display of flags on September eleventh.


HB 785, introduced by Representatives Meadows, Yaeger, Zweifel, Walsh, Corcoran, Schoemehl, Kratky, Darrough, Wildberger, Wagner, Lowe (44), Young, Salva, Jolly, Spreng, George, Liese, Low (39), LeVota, Fraser, Roorda, Casey, Oxford, Brown (50), Storch and Hughes, relating to health care professionals.


HB 786, introduced by Representatives Meadows, Roorda, Wildberger, Salva, Wagner, Selby and Shoemyer, relating to the display of the POW/MIA flag.


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 88, entitled:


            An act to repeal section 261.241, RSMo, and to enact in lieu thereof two new sections relating to food inspection.


            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 SS SCS SB 237, entitled:


            An act to repeal sections 386.020, 392.200, 392.245, 392.500, 536.024, and 536.037, RSMo, and to enact in lieu thereof seven new sections relating to telecommunications companies.


            In which the concurrence of the House is respectfully requested.


LETTER OF OBJECTION


March 14, 2005


Mr. Steve Davis, Chief Clerk

State Capitol Building

Room 306-B

Jefferson City, MO 65101


Dear Mr. Clerk:


We the undersigned members of the House of Representatives hereby object to the placement of House Committee Substitute for House Bill No. 580 on the House Bills for Third Reading - Consent Calendar.


Thank you.


/s/ Richard Byrd

     District 94


/s/ Tim Flook

     District 34


/s/ Margaret Donnelly

     District 73




/s/ Michael Brown

     District 50


/s/ John Burnett

     District 40


WITHDRAWAL OF HOUSE BILLS


March 14, 2005

Chief Clerk Stephen Davis

201 West Capitol, Room 306-C

Jefferson City, MO 65101


Dear Mr. Davis:


Please withdraw House Bill No. 212 and House Bill No. 775.


Sincerely,


/s/ Representative Sherman Parker

District 12


ADJOURNMENT


            On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Tuesday, March 15, 2005.


CORRECTION TO THE HOUSE JOURNAL


AFFIDAVIT


I, State Representative Joe Aull, District 26, hereby state and affirm that my vote as recorded on the motion to adopt House Amendment No. 1 to House Amendment No. 5 to House Committee Substitute for House Bill No. 58 in the House Journal for Monday, March 14, 2005 showing that I voted no was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. 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 14th day of March 2005.


                                                                                                    /s/ Joe Aull

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 14th day of March in the year 2005.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk




COMMITTEE MEETINGS


AGRICULTURE POLICY

Tuesday, March 15, 2005, 12:00 p.m. Hearing Room 1.

Possible Executive session.

Public hearings to be held on: HB 648, HB 658


APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, March 15, 2005, 9:00 a.m. Hearing Room 5.

Markup for the Departments of Transportation, Economic Development,

Insurance, Labor and Industrial Relations.

Executive session.


BUDGET

Tuesday, March 15, 2005, 8:00 a.m. Hearing Room 3.

Executive session may follow. CANCELLED

Public hearing to be held on: HJR 12


BUDGET

Tuesday, March 15, 2005, 8:00 p.m. Hearing Room 3.

We will be hearing appropriations recommendations.

Executive session may follow.


BUDGET

Wednesday, March 16, 2005, 8:00 a.m. House Lounge.

Appropriation recommendations.

Executive session may follow.


BUDGET

Wednesday, March 16, 2005, 8:00 p.m. Hearing Room 3.

Appropriation recommendations.

Executive session may follow.


BUDGET

Thursday, March 17, 2005, 8:00 a.m. Hearing Room 3.

Appropriation recommendations.

Executive session may follow.


CHILDREN AND FAMILIES

Wednesday, March 16, 2005, 8:00 a.m. Hearing Room 7.

Executive session only. No Public Testimony!

Executive session will be held on: HB 586, HB 36




CONFERENCE COMMITTEE NOTICE

Tuesday, March 15, 2005, 2:00 p.m. House Lounge.

Public hearing to be held on: SS SCS HCS HB 393


CORRECTIONS AND PUBLIC INSTITUTIONS

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

Executive session may follow. AMENDED

Public hearings to be held on: HB 661, HB 491, HB 685, HB 700, HB 743


CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, March 15, 2005, 6:00 p.m. Hearing Room 1.

Executive session may follow. AMENDED

Public hearings to be held on: HB 83, HB 188, HB 244, HB 340, HB 712, HB 407, HB 593


ELEMENTARY AND SECONDARY EDUCATION

Wednesday, March 16, 2005, 8:00 a.m. Hearing Room 3.

Executive session may follow.

Associated Industries of Missouri will give a presentation on the challenges

for the education and training communities concerning today's workforce.

Public hearings to be held on: HB 320, HCR 24


FINANCIAL INSTITUTIONS

Tuesday, March 15, 2005, 12:00 p.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 647, HB 707


HEALTH CARE POLICY

Wednesday, March 16, 2005, 8:00 a.m. Hearing Room 6.

Executive session may follow. AMENDED

Public hearings to be held on: HB 271, HB 620, HB 626, HB 657, HB 671, HCR 23


HEALTH CARE POLICY

Wednesday, March 16, 2005, 2:00 p.m. Hearing Room 6.

Continuation of 8:00 a.m. hearing.

Executive session may follow.


HIGHER EDUCATION

Tuesday, March 15, 2005, 12:00 p.m. Hearing Room 4.

Executive session.

Public hearing to be held on: HB 530


INSURANCE POLICY

Tuesday, March 15, 2005, 5:00 p.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 138, HB 546, HB 717, HB 733


JOB CREATION AND ECONOMIC DEVELOPMENT

Wednesday, March 16, 2005, 12:00 p.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 701, HB 711


JOINT COMMITTEE ON GAMING AND WAGERING

Wednesday, March 16, 2005, 9:00 a.m. Hearing Room 4.

Elections of Officers.


JUDICIARY

Tuesday, March 15, 2005, 12:00 p.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 266, HB 493, HB 419, HB 495, HB 358, HB 409, HB 460


LOCAL GOVERNMENT

Tuesday, March 15, 2005, House Chamber south side gallery upon morning adjournment.

Executive session.


LOCAL GOVERNMENT

Thursday, March 17, 2005, 8:00 a.m. Hearing Room 6.

Executive session may follow.

Public hearings to be held on: HB 76, HB 565, HB 253, HB 179

Executive session will be held on: HB 465, HB 405, HB 485, HB 480


PROFESSIONAL REGISTRATION AND LICENSING

Wednesday, March 16, 2005, 12:00 p.m. Hearing Room 1.

Public hearings to be held on: HB 652, HB 670, HB 738

Executive session may be held on: HB 738


RULES

Tuesday, March 15, 2005, 9:00 a.m. Hearing Room 6.

Executive session may follow.

Possible continuation upon afternoon adjournment. Hearing Room 6.

Public hearings to be held on: HCS HB 568, HCS HB 577, HCS HB 450, HCS HB 606,

HCS HB 443, HCS HB 334, HCS HB 563, HCS HB 630, HB 323, HB 321, HB 455, HB 33,

HB 681, HB 600, HB 219, HB 528, HB 258, HB 473, HB 180, HB 260, HB 395, HB 261


TRANSPORTATION

Wednesday, March 16, 2005, 8:00 a.m. Hearing Room 1.

Executive session may follow.

Public hearings to be held on: HB 113, HB 697


VETERANS

Wednesday, March 16, 2005, 8:00 a.m. Hearing Room 5.

Executive session will follow.

Public hearings to be held on: HCR 6, HCR 16


WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY

Wednesday, March 16, 2005, 12:00 p.m. Hearing Room 3.

Executive session may follow.

Public hearings to be held on: HB 477, HB 571, HB 607


HOUSE CALENDAR


THIRTY-NINTH DAY, TUESDAY, MARCH 15, 2005


HOUSE BILLS FOR SECOND READING


HB 778 through HB 786


HOUSE BILLS FOR PERFECTION


1          HCS HB 348 - Pearce

2          HCS HB 58, as amended - 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

8          HCS HB 394 - Byrd

9          HCS HB 388 - Yates

10        HCS HB 576 - Flook

11        HCS HB 580 - Byrd


HOUSE BILLS FOR PERFECTION - CONSENT


(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


(3/14/05)


1          HB 69 - Rupp

2          HB 402 - Schaaf

3          HB 456 - Kuessner

4          HCS HB 474 - Yates

5          HB 486 - Bruns

6          HCS HB 508 - Pratt

7          HCS HB 515 - Wood

8          HB 596 - Schaaf

9          HB 638 - Cunningham (86)

10        HB 678 - Byrd

11        HB 684 - Lipke


(3/15/05)


1          HB 43 - Wallace

2          HB 53 - Swinger

3          HCS HB 108 - Schaaf

4          HB 155 - Ruestman

5          HB 236 - Goodman

6          HB 280 - Walsh

7          HB 342 - Baker (123)

8          HCS HB 362 - Lipke

9          HCS HB 422 - Black

10        HCS HB 448 - Villa

11        HB 453 - May

12        HCS HB 462 & 463 - Smith (118)

13        HB 487 - Bruns

14        HCS HB 513 - Zweifel

15        HCS HB 531 - Wright (137)

16        HB 618 - Bearden

17        HCS HB 631 - Portwood


HOUSE BILLS FOR THIRD READING - CONSENT


1          HB 40, E.C. - Tilley

2          HCS HB 56 - Threlkeld

3          HB 127 - Bivins

4          HCS HB 47, E.C. - Brown (30)

5          HCS HB 163, 213 & 216, E.C. - Smith (14)

6          HB 592 - Cooper (120)

7          HB 269 - Bruns

8          HB 361 - Lipke


SENATE BILLS FOR SECOND READING


1          SB 88

2          SS SCS SB 237


SENATE CONCURRENT RESOLUTION


SCR 3, (3-07-05, Page 497) - Cooper (158)


BILL CARRYING REQUEST MESSAGE


SS SCS HCS HB 393, as amended, (request Senate recede/grant conference) - Byrd


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)