Journal of the House

Second Regular Session, 91st General Assembly

SIXTY-SECOND DAY, Wednesday, May 1, 2002

Speaker Kreider in the Chair.

Prayer by Representative Jim Kreider, Speaker of the House.

Oh! Almighty and Everlasting God, Creator of Heaven, Earth and the Universe. Help me to be, to think, to act what is right, because it is right; make me truthful, honest and honorable in all things; make me intellectually honest for the sake of right and honor and without thought of reward to me.

Give me the ability to be charitable, forgiving and patient with my fellowmen - help me to understand their motives and their shortcomings - even as Thou understandest mine! Amen, Amen, 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: David Goddard, Kelly Stumpf, Jasmine Moore, Kendrell Townsel, Christopher Smith, Keyonte King, Vahava Florans, Nechama Dina Simon, Rochel Halle, Rachel Axelbaum, Bracha Sarah Pentelnik, Shulamis List, Chaya Mushka Huber, Gage Henry, Lydia-Rae Rice, Tim Work, Nikkita Joseph and Edjuan Smith.

The Journal of the sixty-first day was approved as corrected by the following vote:

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1718 - Representative Lograsso

House Resolution No. 1719 - Representative Kelly (36)

House Resolution No. 1720 - Representative Ostmann

House Resolution No. 1721

through

House Resolution No. 1725 - Representative Lograsso, et al

House Resolution No. 1726

and

House Resolution No. 1727 - Representative Carnahan

House Resolution No. 1728 - Representative Copenhaver

House Resolution No. 1729 - Representative Shoemaker (8)

House Resolution No. 1730

through

House Resolution No. 1733 - Representative May (149)

COMMITTEE REPORTS

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

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HCS HB 1777 and HB 1988, begs leave to report it has examined the same and finds them to be truly perfected and that the printed copies thereof furnished the members are correct.

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HS HCS HB 1868, begs leave to report it has examined the same and finds it to be truly perfected and that the printed copies thereof furnished the members are correct.

PERFECTION OF HOUSE BILLS

HB 2097, relating to weights and measures, was placed on the Informal Calendar.

HCS HB 1576, relating to property tax: assessment and levy, was placed on the Informal Calendar.

HB 2137, relating to compensation for county treasurers, was placed on the Informal Calendar.

HOUSE BILL WITH SENATE AMENDMENT

HB 1768, with Senate Committee Amendment No. 1, relating to judgement liens, was taken up by Representative Hosmer.

On motion of Representative Hosmer, the House concurred in Senate Committee Amendment No. 1 by the following vote:

On motion of Representative Hosmer, HB 1768, as amended, was truly agreed to and finally passed by the following vote:

Speaker Kreider declared the bill passed.

Speaker Pro Tem Abel assumed the Chair.

THIRD READING OF HOUSE BILL

HS HB 1307, relating to watercraft regulations, was taken up by Representative Williams.

On motion of Representative Williams, HS HB 1307 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

PERFECTION OF HOUSE BILLS - APPROPRIATIONS

HCS HB 1120, relating to appropriations, was taken up by Representative Green (73).

Representative Kelly (27) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1120, Page 1, Section 20.005, Line 4, by adding after said line one new section to read as follows:

"Section 20.010 To the Office of Administration

For the Department of Corrections

For planning and design of community corrections centers

The Joint Committee on Corrections shall be notified to review the community corrections centers pilot plan and funding source prior to design and site location

From Federal Funds $540,000".

On motion of Representative Kelly (27), House Amendment No. 1 was adopted.

On motion of Representative Green (73), HCS HB 1120, as amended, was adopted.

On motion of Representative Green (73), HCS HB 1120, as amended, was ordered perfected and printed.

HB 1121, relating to appropriations, was taken up by Representative Green (73).

On motion of Representative Green (73), HB 1121 was ordered perfected and printed.

PERFECTION OF HOUSE BILL - INFORMAL

HB 2097, relating to weights and measures, was taken up by Representative Copenhaver.

Representative Froelker offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 2097, Page 11, Section 413.227, Line 18, by placing brackets around the words "general revenue fund of the state" and inserting before the period on said line the following: "state school moneys fund".

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

On motion of Representative Copenhaver, HB 2097, as amended, was ordered perfected and printed.

HB 1916, relating to the Kansas City school board elections, was taken up by Representative Franklin.

Representative Holand offered House Amendment No. 1.

Representative Franklin raised a point of order that House Amendment No. 1 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

HB 1916 was placed on the Informal Calendar.

HB 2137, relating to compensation for county treasurers, was taken up by Representative Crump.

On motion of Representative Crump, HB 2137 was ordered perfected and printed.

HCS HB 1576, relating to property tax: assessment and levy, was taken up by Representative Hilgemann.

Representative Treadway offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1576, Page 1, Section A, Line 3, by inserting after said line the following:

"67.2110. 1. This section shall be known as the "Homeowners' Protection Act".

2. Any county with a charter form of government and with more than one million inhabitants may, by a majority vote of its governing body, impose a county earnings tax or income tax, for the purpose of refunding real property taxes to taxpayers sixty-two years of age and older on their owner-occupied real property pursuant to this section in such county in accordance with this section; provided, however, that no ordinance or order enacted pursuant to the authority granted by this section shall be effective unless the governing body of the county submits to the voters of the county, at a county or state general, primary, or special election, a proposal to authorize the governing body of the county to impose an earnings tax or income tax in lieu of owner-occupied homestead property taxes imposed pursuant to this section.

3. The ballot of submission shall contain, but need not be limited to, the following language:

Shall the county of ............... (county's name) eliminate all tax levies on owner-occupied homestead property by school districts and impose in lieu thereof a countywide (earnings/income) tax of ............... (insert amount)?

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 voting thereon are in favor of the proposal, then the ordinance or order and any amendments thereto shall be in effect. If a majority of the votes cast by the qualified voters voting are opposed to the proposal, then the governing body of the county shall have no power to impose the earnings tax or income tax and eliminate the owner-occupied homestead property tax imposed by school districts pursuant to this section unless and until the governing body of the county shall again have submitted another proposal to authorize the governing body of the county to impose the earnings tax or income tax and eliminate the owner-occupied homestead property tax imposed by school districts pursuant to this section and such proposal is approved by a majority of the qualified voters voting thereon.

3. The earnings tax or income tax shall be imposed at a rate to produce from all taxable earnings or income at least five percent above the amount of tax revenue projected by the county to be produced in the following year from tax levies on owner-occupied homestead property by residents sixty-two years of age and older.

4. Any county imposing an earnings or income tax pursuant to this section shall reimburse residents sixty-two years of age and older for the amount of real property taxes paid on the owner-occupied homestead property."; and

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

Representative St. Onge raised a point of order that House Amendment No. 1 goes beyond the scope of the bill.

The Chair ruled the point of order not well taken.

Representative Ward 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. 1576, Page 1, Section 67.2110, Lines 3-4, by inserting an opening bracket ([) after the word "country" and inserting a closing bracket (]) after the word "inhabitants".

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

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

House Substitute Amendment No. 1

for

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1576 by inserting in the appropriate location the following:

"137.102. 1. This act shall be known and may be cited as "The Missouri Homestead Preservation Act."

2. Notwithstanding any provision of law to the contrary, the assessed value of residential property, excluding any value added by new construction or improvements, which is owned by any person who is under sixty-five years of age and who uses such property as a homestead, or owned by any person who is sixty-five years of age or older who has used such property as a homestead for a period of less than five years, shall not increase during any two-year reassessment period by more than five percent.

3. The assessed value of residential property, excluding any value added by new construction or improvements, which is owned by any person who is sixty-five years of age or older and who has used such property as a homestead shall not increase during the period of time such person resides on that property after attaining the age of sixty-five years."; and

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

HCS HB 1576, with House Substitute Amendment No. 1 for House Amendment No. 1 and House Amendment No. 1, as amended, pending, was laid over.

On motion of Representative Crump, 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 Abel.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1734 - Representative Overschmidt

House Resolution No. 1735 - Representative Ransdall

House Resolution No. 1736 - Representative Gambaro

House Resolution No. 1737 - Representative Froelker

House Resolution No. 1738 - Representative Hegeman

House Resolution No. 1739 - Representative Reinhart

House Resolution No. 1740

through

House Resolution No. 1742 - Representative Kreider

House Resolution No. 1743 - Representative Bartelsmeyer

THIRD READING OF SENATE BILLS - CONSENT

HCS SB 992, relating to property development, was taken up by Representative Rizzo.

On motion of Representative Rizzo, HCS SB 992 was adopted.

On motion of Representative Rizzo, HCS SB 992 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SCS SB 1210, relating to taxes for promotion of tourism, was taken up by Representative Lawson.

On motion of Representative Lawson, HCS SCS SB 1210 was adopted.

On motion of Representative Lawson, HCS SCS SB 1210 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SB 695, relating to children's trust fund board, was taken up by Representative Barry.

On motion of Representative Barry, HCS SB 695 was adopted.

On motion of Representative Barry, HCS SB 695 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SB 962, relating to election authority verification boards, was taken up by Representative Jolly.

On motion of Representative Jolly, HCS SB 962 was adopted.

On motion of Representative Jolly, HCS SB 962 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SB 1078, relating to county recorder of deeds, was taken up by Representative Hoppe.

On motion of Representative Hoppe, HCS SB 1078 was adopted.

On motion of Representative Hoppe, HCS SB 1078 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SB 1119, relating to state facilities, was taken up by Representative Kelly (27).

On motion of Representative Kelly (27), HCS SB 1119 was adopted.

On motion of Representative Kelly (27), HCS SB 1119 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SCS SB 1212, relating to the National Guard, was taken up by Representative Ransdall.

On motion of Representative Ransdall, HCS SCS SB 1212 was adopted.

On motion of Representative Ransdall, HCS SCS SB 1212 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

SB 1041, with House Committee Amendment No. 1, House Committee Amendment No. 2 and House Committee Amendment No. 3, relating to property conveyances, was taken up by Representative Gratz.

On motion of Representative Gratz, House Committee Amendment No. 1, House Committee Amendment No. 2 and House Committee Amendment No. 3 were adopted.

On motion of Representative Gratz, SB 1041, as amended, was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

SB 1168, with House Committee Amendment No. 1, relating to conveyances in Laclede County, was taken up by Representative Gratz.

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

On motion of Representative Gratz, SB 1168, as amended, was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SB 1251, relating to designating next of kin, was taken up by Representative Monaco.

On motion of Representative Monaco, HCS SB 1251 was adopted.

On motion of Representative Monaco, HCS SB 1251 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SB 714, relating to licenses for health care professionals, was taken up by Representative Barry.

On motion of Representative Barry, HCS SB 714 was adopted.

On motion of Representative Barry, HCS SB 714 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SB 932, relating to landlord tenant notice provisions, was taken up by Representative Smith.

On motion of Representative Smith, HCS SB 932 was adopted.

On motion of Representative Smith, HCS SB 932 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SB 1094, relating to long-term care programs, was taken up by Representative Ladd Baker.

On motion of Representative Ladd Baker, HCS SB 1094 was adopted.

On motion of Representative Ladd Baker, HCS SB 1094 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SB 1102, relating to nuisance, was taken up by Representative Hosmer.

On motion of Representative Hosmer, HCS SB 1102 was adopted.

On motion of Representative Hosmer, HCS SB 1102 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SCS SB 947, relating to community colleges, was taken up by Representative Farnen.

On motion of Representative Farnen, HCS SCS SB 947 was adopted.

On motion of Representative Farnen, HCS SCS SB 947 was read the third time and passed by the following vote: