Journal of the House

First Regular Session, 92nd General Assembly

SIXTY-NINTH DAY, Monday, May 12, 2003

         Speaker Hanaway in the Chair.

         Prayer by Father David Buescher.

          God, Creative Spirit, we thanked You yesterday for our mothers. You are a God of all societies, families, and communities. We trust that You attend here in the body politic as well. Gather all of us here into Your midst, that these men and women discover again in their centers and souls energy, strength, and wisdom – gifts of Your making.

          During this, the last week of this 2003 Legislative Session, we especially need Your ingenious and resourceful company in our words and work. May the fatigue of long hours, difficult judgments and decisions, and many votes not sway the hope that in the middle of our lives dwells the presence of the heart of all societies and nations, You who live with us and guide us forever. Amen.

         The Pledge of Allegiance to the flag was lead by MarQuan Pennington.

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

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

SPECIAL RECOGNITION

         Morris Collins was introduced by Representative Pearce and recognized as an Outstanding Missourian.

         Jaye Jackson was introduced by Representative Hobbs and recognized as an Outstanding Missourian.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 2773 - Representative Smith (118)

House Resolution No. 2774

                        and

House Resolution No. 2775 - Representative Schoemehl

            House Resolution No. 2776

                        through

            House Resolution No. 2789 - Representative Jetton

            House Resolution No. 2790 - Representatives Harris (110) and Schlottach

            House Resolution No. 2791 - Representative Johnson (61), et al

            House Resolution No. 2792 - Representative Jetton

House Resolution No. 2793 - Representative Munzlinger

House Resolution No. 2794 - Representative Crawford

House Resolution No. 2795 - Representative Lager

House Resolution No. 2796 - Representative Pratt

House Resolution No. 2797 - Representative Purgason

House Resolution No. 2798 - Representative Yaeger

House Resolution No. 2799 - Representative Quinn

            House Resolution No. 2800 - Representative Smith (118)

            House Resolution No. 2801 - Representatives Bruns and Deeken

SUPPLEMENTAL CALENDAR

(May 12, 2003)

SENATE CONCURRENT RESOLUTION

SCR 16, (4-29-03, Page 1397) - Cunningham (86)

SENATE BILLS FOR THIRD READING

SS#2 SB 695, as amended, E.C. - Bearden

HCS SS SCS SB 346 - Luetkemeyer

THIRD READING OF HOUSE BILL - FEDERAL MANDATE

            HB 697, relating to sex offender registration, was taken up by Representative Mayer.

            On motion of Representative Mayer, HB 697 was read the third time and passed by the following vote:

            Speaker Hanaway declared the bill passed.

THIRD READING OF SENATE BILLS

            HCS SCS SB 686, relating to transfers of school funds, was taken up by Representative Jetton.

            Representative Jetton offered HS HCS SCS SB 686.

            Representative Wood offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 686, Page 45, Section 168.110, Line 24 of said page, by adding after all of said line the following:

              “171.031. 1. Each school board shall prepare annually a calendar for the school term, specifying the opening date and providing a minimum term of at least one hundred seventy-four days and one thousand forty-four hours of actual pupil attendance. The opening date shall [not be earlier than the first day of September, except:

              (1) If the first day of September falls on Labor Day or a Saturday or Sunday, the school board in any school district may move the starting day for that term to a subsequent school day;

              (2) In school districts in which schools are in session for twelve months of each calendar year; and

              (3) In school districts in which the school board determines students are needed for agricultural production purposes] be on the Friday before the last Monday of August of each year, except in school districts in which schools are in session for twelve months of each calendar year.

              2. No school day shall be longer than seven hours except for vocational schools which may adopt an eight-hour day in a metropolitan school district and a school district in a first class county adjacent to a city not within a county.”; and

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

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

House Substitute Amendment No. 1

for

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 686, Section 168.110, Page 45, Line 24 of said page, by adding after all of said line the following:

              “171.031. 1. Each school board shall prepare annually a calendar for the school term, specifying the opening date and providing a minimum term of at least one hundred seventy-four days and one thousand forty-four hours of actual pupil attendance. [The opening date shall not be earlier than the first day of September, except:

              (1) If the first day of September falls on Labor Day or a Saturday or Sunday, the school board in any school district may move the starting day for that term to a subsequent school day;

              (2) In school districts in which schools are in session for twelve months of each calendar year; and

              (3) In school districts in which the school board determines students are needed for agricultural production purposes.]

              2. No school day shall be longer than seven hours except for vocational schools which may adopt an eight-hour day in a metropolitan school district and a school district in a first class county adjacent to a city not within a county.”; and

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

            On motion of Representative Fares, House Substitute Amendment No. 1 for House Amendment No. 1 was adopted.

            Representative Lager offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 686, Section 160.415, Page 4, by deleting the opening bracket “[“ from Line 19 of said page and the closing bracket “]” from Line 24 of said page.

            Representative Cooper (120) offered House Amendment No. 1 to House Amendment No. 2.

House Amendment No. 1

to

House Amendment No. 2

AMEND House Amendment No. 2 to House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 686, by deleting the last two lines of said amendment and inserting in lieu thereof the following: by deleting said section from the bill; and

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

            Representative Campbell offered House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 2.

            House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 2 was withdrawn.

            On motion of Representative Cooper (120), House Amendment No. 1 to House Amendment No. 2 was adopted.

            On motion of Representative Lager, House Amendment No. 2, as amended, was adopted.

            Representative Dempsey offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 686, Page 46, Section 172.273, Lines 2-3, by removing “, and other commercial developments,”.

            Representative Purgason assumed the Chair.

            On motion of Representative Dempsey, House Amendment No. 3 was adopted by the following vote:

            Representative Crowell moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Jetton, HS HCS SCS SB 686, as amended, was adopted.

            On motion of Representative Jetton, HS HCS SCS SB 686, as amended, was read the third time and passed by the following vote:

            Representative Purgason declared the bill passed.

            The emergency clause was defeated by the following vote:

            HCS SB 173, relating to fire protection districts, was taken up by Representative Walton.

            Representative Walton offered HS HCS SB 173.

            Representative Boykins offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Bill No. 173, Page 1, Section A, Line 9, by inserting after all of said line the following:

              "190.133. 1. The department shall, within a reasonable time after receipt of an application, cause such investigation as the department deems necessary to be made of the applicant for an emergency medical response agency license.

              2. The department shall issue a license to any emergency medical response agency which provides advanced life support if the applicant meets the requirements established pursuant to sections 190.001 to 190.245, and the rules adopted by the department pursuant to sections 190.001 to 190.245. The department may promulgate rules relating to the requirements for an emergency medical response agency including, but not limited to:

              (1) A licensure period of five years;

              (2) Medical direction;

              (3) Records and forms; and

              (4) Memorandum of understanding with local ambulance services.

              3. Application for an emergency medical response agency license shall be made upon such forms as prescribed by the department in rules adopted pursuant to sections 190.001 to 190.245. The application form shall contain such information as the department deems necessary to make a determination as to whether the emergency medical response agency meets all the requirements of sections 190.001 to 190.245 and rules promulgated pursuant to sections 190.001 to 190.245.

              4. No person or entity shall hold itself out as an emergency medical response agency that provides advanced life support or provide the services of an emergency medical response agency that provides advanced life support unless such person or entity is licensed by the department.

              5. Only emergency medical response agencies [licensed and serving in any county of the first classification without a charter form of government and with more than one hundred eighty-four thousand but less than one hundred eighty-eight thousand inhabitants, any county with a charter form of government and with more than six hundred thousand but less than seven hundred thousand inhabitants, or any county of the first classification with more than seventy-three thousand seven hundred but less than seventy-three thousand eight hundred inhabitants] will be licensed to provide certain ALS services with the services of EMT-Is.

              6. Emergency medical response agencies functioning with the services of EMT-Is must work in collaboration with an ambulance service providing advanced life support with personnel trained to the emergency medical technician-paramedic level."; and

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

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

            Representative Wildberger offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for Senate Bill No. 173, Pages 6-9, Section 321.731, by deleting all of Section 321.731, beginning on Page 6 Line 3, through Page 9 Line 3; and

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

            Representative Wildberger moved that House Amendment No. 2 be adopted.

            Which motion was defeated.

            Representative Seigfreid requested a division of the question on HS HCS SB 173, as amended.

            On motion of Representative Walton, Part I of HS HCS SB 173, as amended, was adopted.

            On motion of Representative Walton, Part II of HS HCS SB 173 was adopted by the following vote:

            On motion of Representative Walton, Part III of HS HCS SB 173 was adopted.

            On motion of Representative Walton, HS HCS SB 173, as amended, was read the third time and passed by the following vote:

            Representative Purgason declared the bill passed.

            HCS SCS SB 199, relating to county government, was taken up by Representative Johnson (47).

            Representative Johnson (47) offered HS HCS SCS SB 199.

            Speaker Pro Tem Jetton assumed the Chair.

            Representative Smith (118) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 199, Page 4, Section 49.272, Line 20, by inserting after said line the following:

              “49.650. 1. The governing authority of each county of the first classification, second classification, and fourth classification shall have the power to adopt ordinances or resolutions relating to its property, affairs, and local government for which no provision has been made in the constitution of this state or state statute regarding the following:

              (1) County roads controlled by the county;

              (2) Homeland security;

              (3) Emergency management;

              (4) Nuisance abatement, excluding agricultural and horticultural property as defined in section 137.016, RSMo;

              (5) Stormwater control, excluding agricultural and horticultural property as defined in section 137.016, RSMo;

              (6) Economic development; and

              (7) Parks and recreation.

If any such ordinance, order, or resolution conflicts with a municipal ordinance, the municipal ordinance provisions shall prevail within the corporate boundaries of the municipality. All ordinances adopted pursuant to this section shall remain effective until repealed or amended by the governing authority, except that the general assembly shall have the power to further define, broaden, limit, or otherwise regulate the power of each such county to adopt ordinances, resolutions, or regulations.

              2. The governing body of each county of the first classification, second classification, and fourth classification may submit any ordinance, resolution, or regulation proposed pursuant to this section for the approval of the qualified voters of the county. Any ordinance, resolution, or regulation submitted to the qualified voters pursuant to this section shall become effective if a majority of the qualified voters voting on the ordinance, resolution, or regulation are in favor of its adoption, but no ordinance, resolution, or regulation shall become effective if a majority of the qualified voters voting on the ordinance, resolution, or regulation are opposed to its adoption.

              3. Notwithstanding any other provision of this section to the contrary, no tax shall be submitted to the voters of the county unless the tax has been authorized by statute by the general assembly.

              4. No county shall have the power to adopt any ordinance, resolution, or regulation pursuant to this section governing any railroad company.”; and

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

            Representative Self 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 Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 199, Page 2, Section 49.650(4), Line 27, by inserting after the word “railroad” the following: “or telecommunications or wireless”.

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

            On motion of Representative Smith (118), House Amendment No. 1, as amended, was adopted.

            Representative Angst offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 199, Page 12, Section 135.207, Line 18 of said page, by inserting after all of said line the following:

              "135.261. In addition to all other enterprise zones authorized in this chapter, the department of economic development shall designate one such zone in any county of the third classification without a township form of government and with more than thirty-two thousand five hundred but less than thirty-two thousand six hundred inhabitants. Such enterprise zone designation shall only be made if such area which is to be included in the enterprise zone meets all the requirements of section 135.205."; and

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

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

            Representative Seigfreid offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 199, Page 9, Section 64.907, Line 4 of said page, by inserting after all of said line the following:

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

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

                [ ] Yes [ ] No

If a majority of the votes cast on the question by the qualified voters voting thereon are in favor of the question, then the tax shall be levied and collected as otherwise provided by law. If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the question, then the tax shall not be levied unless and until the question is again submitted to the qualified voters of the county and a majority of such voters are in favor of such a tax, and not otherwise.

              2. All revenues generated by the tax prescribed in this section shall be deposited in the county treasury to the credit of a special "Community Children's Services Fund". Such fund shall be administered by a board of directors, established pursuant to section 210.861, RSMo."; and

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

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

            Representative Portwood offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 199, Page 12, Section 135.207, Line 7, by inserting after all of said line the following:

              "139.054. The county collector of all counties shall accept partial payment of all real estate property taxes paid by a taxpayer. Any amount of payment that is less than the total liability of the real or personal property tax owed by the taxpayer shall be considered timely and no penalty, additions to tax, or interest shall be applied to that portion that is partially paid."; and

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

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

            Representative Purgason raised a point of order that House Amendment No. 1 to House Amendment No. 4 goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.

            Representative Stevenson offered House Substitute Amendment No. 1 for House Amendment No. 4.

House Substitute Amendment No. 1

for

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 199, Page 12, Section 135.207, Line 7, by inserting after all of said line the following:

              "139.054. The county collector of all counties shall accept partial payment of all real estate property taxes paid by a taxpayer. Any amount of payment that is less than the total liability of the real estate property tax owed by the taxpayer shall be considered timely and no penalty, additions to tax, or interest shall be applied to that portion that is partially paid, interest may continue to be collected for the amounts not paid.".

            Representative Stevenson moved that House Substitute Amendment No. 1 for House Amendment No. 4 be adopted.

            Which motion was defeated.

            House Amendment No. 4 was withdrawn.

            Representative Wasson offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 199, Page 12, Section 135.207, Line 18, by inserting after all of said line the following:

              "190.306. No provision in this chapter shall be construed to require any municipality within any county of the third 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 that has established an emergency telephone service to dissolve the service in the event that the county in which the municipality is located establishes an emergency telephone service and moves to a higher county classification."; and

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

            Representative Henke raised a point of order that House Amendment No. 5 goes beyond the scope of the bill.

            The Chair ruled the point of order untimely.

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

            Representative Lembke offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 199, Page 1, In the Title, Line 3 of said page, by inserting after "RSMo," the following:

              "and section 67.399, RSMo, as enacted by senate committee substitute for house substitute for house committee substitute for house bill nos. 977 & 1608, eighty-ninth general assembly, second regular session, and section 67.399, RSMo, as enacted by senate committee substitute for house bill no. 1352, eighty-ninth general assembly, second regular session,"; and

              Further amend said bill, Page 1, Section A, Line 10 of said page, by inserting after "RSMo," the following: "and section 67.399, RSMo, as enacted by senate committee substitute for house substitute for house committee substitute for house bill nos. 977 & 1608, eighty-ninth general assembly, second regular session, and section 67.399, RSMo, as enacted by senate committee substitute for house bill no. 1352, eighty-ninth general assembly, second regular session,"; and

              Further amend said bill, Page 9, Section 64.907, Line 4 of said page, by inserting after all of said line the following:

              "67.399. 1. The governing body of any municipality or county with a charter form of government and with more than one million inhabitants may, by ordinance, establish a semiannual registration fee not to exceed two hundred dollars which shall be charged to the owner of any parcel of residential property improved by a residential structure, or commercial property improved by a structure containing multiple dwelling units, that is vacant, has been vacant for at least six months, and is characterized by violations of applicable housing codes established by such municipality.

              2. The municipality shall designate a municipal officer to investigate any property that may be subject to the registration fee. The officer shall report his findings and recommendations, and shall determine whether any such property shall be subject to the registration fee. Within five business days, the clerk of the municipality or county with a charter form of government and with more than one million inhabitants shall notify by mail the owners of property on which the registration fee has been levied at their last known address according to the records of the city and the county. The property owner shall have the right to appeal the decision of the office to the municipal court within thirty days of such notification. Absent the existence of any valid appeal or request for reconsideration pursuant to subsection 3 of this section, the registration fee shall begin to accrue on the beginning of the second calendar quarter after the decision of the municipal officer.

              3. Within thirty days of the municipality or county with a charter form of government and with more than one million inhabitants making such notification, the property owner may complete any improvements to the property that may be necessary to revoke the levy of the registration fee, and then may request a reinspection of the property and a reconsideration of the levy of the registration fee by the municipality or county with a charter form of government and with more than one million inhabitants. If the municipal or county officer revokes the registration fee, no such assessment shall be made and the matter shall be considered closed. If the [municipal] officer affirms the assessment of the registration fee, the property owner shall have the right to appeal the reconsideration decision of the [municipal] officer to the municipal court within thirty days of such decision. Absent the existence of any valid appeal to the municipal court or other court of competent jurisdiction, the registration fee shall begin to accrue on the beginning of the second calendar quarter after the reconsideration decision of the municipal governing body.

              4. The municipal governing body shall establish by ordinance procedures for payment of the registration fee and penalties for delinquent payments of such fees. Any registration fees which are delinquent for a period of one year shall become a lien on the property and shall be subject to foreclosure proceedings in the same manner as delinquent real property taxes. The owner of the property against which the assessment was originally made shall be able to redeem the property only by presenting evidence that the violations of the applicable housing code cited by the municipal or county officers have been cured and presenting payment of all registration fees and penalties. Upon bona fide sale of the property to an unrelated party said lien shall be considered released and the delinquent registration fee forgiven.

              [67.399. 1. The governing body of any municipality contained wholly or partially within a county with a population of over six hundred thousand and less than nine hundred thousand may adopt an ordinance as provided in this section. The ordinance may establish a semiannual registration fee not to exceed two hundred dollars which shall be charged to the owner of any parcel of residential property improved by a residential structure, or commercial property improved by a structure containing multiple dwelling units, that is vacant, has been vacant for at least six months, and is characterized by violations of applicable housing codes established by such municipality.

              2. The municipality shall designate a municipal officer to investigate any property that may be subject to the registration fee. The officer shall report his findings and recommendations, and shall determine whether any such property shall be subject to the registration fee. Within five business days, the clerk of the municipality shall notify by mail the owners of property on which the registration fee has been levied at their last known address according to the records of the city and the county. The property owner shall have the right to appeal the decision of the office to the municipal court within thirty days of such notification. Absent the existence of any valid appeal or request for reconsideration pursuant to subsection 3 of this section, the registration fee shall begin to accrue on the beginning of the second calendar quarter after the decision of the municipal officer.

              3. Within thirty days of the municipality making such notification, the property owner may complete any improvements to the property that may be necessary to revoke the levy of the registration fee, and then may request a reinspection of the property and a reconsideration of the levy of the registration fee by the municipality. If the municipal officer revokes the registration fee, no such assessment shall be made and the matter shall be considered closed. If the municipal officer affirms the assessment of the registration fee, the property owner shall have the right to appeal the reconsideration decision of the municipal officer to the municipal court within thirty days of such decision. Absent the existence of any valid appeal to the municipal court or other court of competent jurisdiction, the registration fee shall begin to accrue on the beginning of the second calendar quarter after the reconsideration decision of the municipal governing body.

              4. The municipal governing body shall establish by ordinance procedures for payment of the registration fee and penalties for delinquent payments of such fees. Any registration fees which are delinquent for a period of one year shall become a lien on the property and shall be subject to foreclosure proceedings in the same manner as delinquent real property taxes. The owner of the property against which the assessment was originally made shall be able to redeem the property only by presenting evidence that the violations of the applicable housing code cited by the municipal officers have been cured and presenting payment of all registration fees and penalties. Upon bona fide sale of the property to an unrelated party said lien shall be considered released and the delinquent registration fee forgiven.]"; and

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

            Representative Behnen assumed the Chair.

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

            Speaker Pro Tem Jetton resumed the Chair.

            Representative Villa offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 199, Page 20, Section 473.730, Line 3, by inserting after said line the following:

              “644.581. In addition to those sums authorized prior to August 28, 2004, the board of fund commissioners of the state of Missouri, as authorized by section 37(e) of article III of the Constitution of the state of Missouri, may borrow on the credit of this state the sum of ten million dollars in the manner described, and for the purposes set out, in chapter 640, RSMo, and this chapter.

              644.582. In addition to those sums authorized prior to August 28, 2004, the board of fund commissioners of the state of Missouri, as authorized by section 37(g) of article III of the Constitution of the state of Missouri, may borrow on the credit of this state the sum of ten million dollars in the manner described, and for the purposes set out, in chapter 640, RSMo, and in this chapter.

              644.583. In addition to those sums authorized prior to August 28, 2004, the board of fund commissioners of the state of Missouri, as authorized by section 37(h) of article III of the Constitution of the state of Missouri, may borrow on the credit of this state the sum of twenty million dollars in the manner described, and for the purposes set out, in chapter 640, RSMo, and in this chapter.”; and

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

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

            Representative Luetkemeyer offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 199, Page 9, Section 64.907, Line 4, by inserting after all of said line the following:

              "67.2000. 1. This section shall be known as the "Exhibition Center and Recreational Facility District Act".

              2. Whenever not less than fifty owners of real property located within any county of the first classification with more than thirty-seven thousand but less than thirty-seven thousand one hundred inhabitants, or any county of the third classification without a township form of government and with more than twenty-three thousand five hundred but less than twenty-three thousand six hundred inhabitants, or any county of the third classification without a township form of government and with more than nineteen thousand three hundred but less than nineteen thousand four hundred inhabitants, or any county of the first classification with more than eighty-five thousand nine hundred but less than eighty-six thousand inhabitants, or any county of the first classification without a charter form of government and with more than one hundred four thousand six hundred but less than one hundred four thousand seven hundred inhabitants, or any county of the second classification with more than fifty-two thousand six hundred but less than fifty-two thousand seven hundred inhabitants, or any county of the first classification without a charter form of government and with more than one hundred ninety-eight thousand but less than one hundred ninety-nine thousand two hundred inhabitants desire to create an exhibition center and recreational facility district, the property owners shall file a petition with the governing body of each county located within the boundaries of the proposed district requesting the creation of the district. The district boundaries may include all or part of the counties described in this section. The petition shall contain the following information:

              (1) The name and residence of each petitioner and the location of the real property owned by the petitioner;

              (2) A specific description of the proposed district boundaries, including a map illustrating the boundaries; and

              (3) The name of the proposed district.

              3. Upon the filing of a petition pursuant to this section, the governing body of any county described in this section may, by resolution, approve the creation of a district. Any resolution to establish such a district shall be adopted by the governing body of each county located within the proposed district, and shall contain the following information:

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

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

              (3) The proposed sales tax rate to be voted on within the proposed district; and

              (4) The proposed uses for the revenue generated by the new sales tax.

              4. Whenever a hearing is held as provided by this section, the governing body of each county located within 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 nor less than ten days before the hearing;

              (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.

              5. If the governing body of each county located within the proposed district following the hearing decides to establish the proposed district, it shall adopt an order to that effect. The order shall contain the following:

              (1) The description of the boundaries of the district;

              (2) A statement that an exhibition center and recreational facility district has been established;

              (3) The name of the district;

              (4) The uses for any revenue generated by a sales tax imposed pursuant to this section; and

              (5) A declaration that the district is a political subdivision of the state.

              6. There is hereby created a board of trustees to administer any district created and the expenditure of revenue generated pursuant to this section, consisting of no more than twelve members. After adoption of the order creating the district, the governing body of each county located within the district shall appoint four residents of the portion of the district within the county to represent the district on the board of trustees. Each trustee shall be at least twenty-five years of age. Of the initial trustees appointed, two shall hold office for two years, and two shall hold office for four years. Trustees appointed after expiration of the initial terms shall be appointed to a four-year term by the governing body of the county the trustee represents, with the initially appointed trustee to remain in office until a successor is appointed, and shall take office upon being appointed. Each trustee may be reappointed. Vacancies shall be filled in the same manner in which the trustee vacating the office was originally appointed. 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.

              7. The board of trustees shall have the following powers, authority, and privileges:

              (1) To have and use a corporate seal;

              (2) To sue and be sued, and be a party to suits, actions, and proceedings;

              (3) To enter into contracts, franchises, and agreements with any person or entity, public or private, affecting the affairs of the district, including contracts with any municipality, district, or state, or the United States, and any of their agencies, political subdivisions, or instrumentalities, for the funding, including without limitation interest rate exchange or swap agreements, planning, development, construction, acquisition, maintenance, or operation of an exhibition center and recreational facilities or to assist in such activity;

              (4) 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 and income of the district. The district shall not mortgage, pledge, or give a deed of trust on any real property or interests which it obtained or acquired from the state or any agency or political subdivision thereof. 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 of 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;

              (5) To acquire, transfer, donate, lease, exchange, mortgage, and encumber real and personal property in furtherance of district purposes;

              (6) To refund any bonds, notes, or other obligations of the district without an election. The terms and conditions of refunding obligations shall be substantially the same as those of the original issue, and the board shall provide for the payment of interest at not to exceed the legal rate, and the principal of such refunding obligations in the same manner as is provided for the payment of interest and principal of obligations refunded;

              (7) To have the management, control, and supervision of all the business and affairs of the district, and the construction, installation, operation, and maintenance of district improvements therein; to collect rentals, fees, and other charges in connection with its services or for the use of any of its facilities;

              (8) To hire and retain agents, employees, engineers, and attorneys;

              (9) To receive and accept by bequest, gift, or donation any kind of property;

              (10) To adopt and amend bylaws and any other rules and regulations not in conflict with the constitution and laws of this state, necessary for the carrying on of the business, objects, and affairs of the board and of the district; and

              (11) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted herein.

              8. A district established pursuant to this section may, at a general, primary, or special election, submit to the qualified voters within the district boundaries a sales tax not to exceed one-half of one percent on all retail sales within the district which are subject to taxation pursuant to sections 144.010 to 144.525, RSMo, to fund the acquisition, construction, maintenance, operation, improvement, and promotion of an exhibition center and recreational facilities. The ballot of submission shall be in substantially the following form:

              Shall the .......... (name of district) impose a sales tax of .......... (insert rate) to fund the acquisition, construction, maintenance, operation, improvement, and promotion of an exhibition center and recreational facilities?

              □ 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 favor the proposal, then the sales tax shall become effective on the first day of the second calendar quarter immediately following the election. If a majority of the votes cast oppose the proposal, then the district shall not impose the sales tax authorized in this section until after the district has submitted another such sales tax proposal and the proposal is approved by a majority of the qualified voters voting thereon. However, if a sales tax proposal is not approved, the district shall not resubmit a proposal to the voters pursuant to this section sooner than twelve months from the date of the last proposal submitted pursuant to this section.

              9. There is hereby created the "Exhibition Center and Recreational Facility District Sales Tax Trust Fund", which shall consist of all revenue collected pursuant to this section. The director of revenue shall be custodian of the trust fund, and moneys in the trust fund shall be used solely for the purposes authorized in this section. Moneys in the trust fund shall be considered nonstate funds pursuant to section 15, article IV, Constitution of Missouri. The director of revenue shall invest moneys in the trust fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the trust fund. All sales taxes collected by the director of revenue pursuant to this section on behalf of the district, less one percent for the cost of collection which shall be deposited in the state's general revenue fund after payment of premiums for surety bonds as provided in section 32.087, RSMo, shall be deposited in the trust fund. The director of revenue shall keep accurate records of the amount of moneys in the trust fund which was collected in the district imposing a sales tax pursuant to this section, and the records shall be open to the inspection of the officers of each district and the general public. Not later than the tenth day of each month, the director of revenue shall distribute all moneys deposited in the trust fund during the preceding month to the district. The director of revenue may authorize refunds from the amounts in the trust fund and credited to the district for erroneous payments and overpayments made, and may redeem dishonored checks and drafts deposited to the credit of the district.

              10. The sales tax authorized by this section is in addition to all other sales taxes allowed by law. Except as modified in this section, all provisions of sections 32.085 and 32.087, RSMo, apply to the sales tax imposed pursuant to this section.

              11. Any sales tax imposed pursuant to this section shall reduce to a rate of one-tenth of one percent twenty-five years from the effective date of the sales tax unless an extension of the sales tax is submitted to and approved by the qualified voters in each district in the manner provided in this section. Each extension of the sales tax shall be for a period not to exceed twenty years. The ballot of submission for the extension shall be in substantially the following form:

              Shall the .......... (name of district) extend the sales tax of .......... (insert rate) for a period of ..... (insert number of years) years to fund the acquisition, construction, maintenance, operation, improvement, and promotion of an exhibition center and recreational facilities?

              □ 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 favor the extension, then the sales tax shall remain in effect at the rate and for the time period approved by the voters. If a majority of the votes cast oppose the extension, then the district shall reduce the sales tax rate to one-tenth of one percent. If a sales tax extension is not approved, the district may submit another sales tax proposal as authorized in this section, but the district shall not submit such a proposal to the voters sooner than twelve months from the date of the last extension submitted.

              12. Once the sales 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 sales tax. The sales 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. If the district abolishes the sales tax, the district shall notify the director of revenue of the action at least ninety days before 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 sales 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 sales tax in the district, the director of revenue shall remit the balance in the account to the district and close the account of the district. The director of revenue shall notify the district of each instance of any amount refunded or any check redeemed from receipts due the district.

              13. 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.

              14. After August 28, 2003, any county of the first classification with more than one hundred thirty-five thousand four hundred but less than one hundred thirty-five thousand five hundred inhabitants may create a district in any unincorporated area of the county, or in any incorporated area of the county upon approval of the governing body of the incorporated area by ordinance, pursuant to this section upon the filing of the required petition signed by all of the owners of property within the proposed district with the governing body of the county and upon unanimous approval of all owners of property within the district of the order creating the district and the proposed sales tax ballot question. In the event that any county creates a district pursuant to this subsection, and no registered voters reside within the boundaries of the district, the proposed sales tax ballot question and the extension of the sales tax authorized by this section shall be submitted to the qualified voters of the county.

              67.2015. 1. The governing body of any county of the third classification without a township form of government and with more than eight thousand three hundred but less than eight thousand four hundred inhabitants may impose, by ordinance or order, a surcharge on the sale of each ticket or other charge allowing admission to or participation in any private tourist attraction and on the daily rental of rooms or accommodations paid by transient guests of hotels, motels or campgrounds, as defined in section 94.802, RSMo, in such county, at a rate not to exceed five percent of such admission or amount. For purposes of this section, "private tourist attraction" means:

              (1) Organized trail rides; and

              (2) Canoe rentals.

Attractions operating on an occasional or intermittent basis for fund-raising purposes by nonprofit charitable organizations whose ordinary activities do not involve the operation of such attractions shall be exempt from the surcharge imposed by this section.

              2. Every retailer, vendor, operator, and other person who sells goods and services subject to the surcharge imposed pursuant to this section shall be liable and responsible for the payment of surcharges due and shall make a return and remit such surcharges to the county, at such times and in such manner as the governing body of the county shall prescribe. The collection of the surcharges imposed by this section shall be computed in accordance with schedules or systems approved by the governing body of the county.

              3. All surcharges authorized and collected under this section shall be deposited by the county in a special trust fund to be known as the "County Tourism Surcharge Trust Fund". The moneys in such fund shall not be commingled with any funds of the county. Moneys in the fund shall be used solely by the county for the promotion of tourism within the county. The surcharge authorized by this section shall be in addition to any and all other taxes allowed by law, but no order imposing a surcharge pursuant to 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 such surcharge.

              4. The ballot of submission shall contain, but need not be limited to:

              Shall the county of ................................ (insert name of county) impose a surcharge of (insert rate of tax) percent on the sales, charges or admissions on all hotels, motels or campgrounds rented for thirty days or less, and on the sales, charges or admissions to all private tourist attractions in the county?

              □ YES                                                                            □ NO

If a majority of the votes cast on the proposal by the qualified voters voting thereon are in favor of the proposal, then the order imposing the surcharge shall be effective. If a majority of the votes cast by the qualified voters voting on the proposal are opposed to the proposal, then the governing body of the county shall have no power to impose the surcharge authorized in this section unless and until the governing body of the county again submits another proposal to authorize the governing body of the county to impose the surcharge authorized by this section, and such proposal is approved by the requisite majority of the qualified voters voting thereon.

              5. The surcharge authorized by this section shall become effective within ninety days from the date such surcharges are approved by the voters of the county pursuant to this section. After the effective date of any surcharge imposed by this section, the county shall perform all functions incident to the administration, collection, enforcement, and operation of the surcharge. The surcharge imposed by this section shall be reported upon such forms as may be prescribed by the governing body of the county."; and

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

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

            Representative Mayer offered House Amendment No. 9.

House Amendment No. 9

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 199, Page 4, Section 49.272, Line 20 of said section, by inserting immediately after said line the following:

              “50.550. 1. The annual budget shall present a complete financial plan for the ensuing budget year. It shall set forth all proposed expenditures for the administration, operation and maintenance of all offices, departments, commissions, courts and institutions; the actual or estimated operating deficits or surpluses from prior years; all interest and debt redemption charges during the year and expenditures for capital projects.  

              2. The budget shall contain adequate provisions for the expenditures necessary for the care of insane pauper patients in state hospitals, for the cost of holding elections and for the costs of holding circuit court in the county that are chargeable against the county, for the repair and upkeep of bridges other than on state highways and not in any special road district, and for the salaries, office expenses and deputy and clerical hire of all county officers and agencies.

              3. In addition, the budget shall set forth in detail the anticipated income and other means of financing the proposed expenditures.

              4. All receipts of the county for operation and maintenance shall be credited to the general fund, and all expenditures for these purposes shall be charged to this fund; except, that receipts from the special tax levy for roads and bridges shall be kept in a special fund and expenditures for roads and bridges may be charged to the special fund.

              5. All receipts from the sale of bonds for any purpose shall be credited to the bond fund created for the purpose, and all expenditures for this purpose shall be charged to the fund. All receipts for the retirement of any bond issue shall be credited to a retirement fund for the issue, and all payments to retire the issue shall be charged to the fund. All receipts for interest on outstanding bonds and all premiums and accrued interest on bonds sold shall be credited to the interest fund, and all payments of interest on the bonds shall be charged to the interest fund.

              6. Subject to the provisions of section 50.565 the county commission may create a fund to be known as "The ..... County Crime Reduction Fund".

              7. The county commission may create other funds as are necessary from time to time.

              50.565. 1. A county commission may establish by ordinance or order a fund whose proceeds may be expended only for the purposes provided for in subsection 3 of this section. The fund shall be designated as a county crime reduction fund and shall be under the supervision of a board of trustees consisting of one citizen of the county appointed by the presiding commissioner of the county, one citizen of the county appointed by the sheriff of the county, and one citizen of the county appointed by the county prosecuting attorney.

              2. Money from the county crime reduction fund shall only be expended upon the approval of a majority of the members of the county crime reduction fund's board of trustees and only for the purposes provided for by subsection 3 of this section.

              3. Money from the county crime reduction fund shall only be expended for the following purposes:

              (1) Narcotics investigation, prevention, and intervention;

              (2) Purchase of law enforcement related equipment and supplies for the sheriff's office;

              (3) Matching funds for federal or state law enforcement grants;

              (4) Funding for the reporting of all state and federal crime statistics or information; and

              (5) Any law enforcement related expense, including those of the prosecuting attorney, approved by the board of trustees for the county crime reduction fund that is reasonably related to investigation, preparation, trial, and disposition of criminal cases before the courts of the state of Missouri.

              4. The county commission may not reduce any law enforcement agency's budget as a result of funds the law enforcement agency receives from the county crime reduction fund. The crime reduction fund is to be used only as a supplement to the law enforcement agency's funding received from other county, state, or federal funds.

              5. County crime reduction funds shall be audited as are all other county funds.”; and

              Further amend said bill, Page 20, Section 473.730, Line 3 of said page, by inserting immediately after said line the following:

              “558.019. 1. This section shall not be construed to affect the powers of the governor under article IV, section 7, of the Missouri Constitution. This statute shall not affect those provisions of section 565.020, RSMo, section 558.018 or section 571.015, RSMo, which set minimum terms of sentences, or the provisions of section 559.115, RSMo, relating to probation.

              2. The provisions of this section shall be applicable to all classes of felonies except those set forth in chapter 195, RSMo, and those otherwise excluded in subsection 1 of this section. For the purposes of this section, "prison commitment" means and is the receipt by the department of corrections of a defendant after sentencing. For purposes of this section, prior prison commitments to the department of corrections shall not include commitment to a regimented discipline program established pursuant to section 217.378, RSMo. Other provisions of the law to the contrary notwithstanding, any defendant who has pleaded guilty to or has been found guilty of a felony other than a dangerous felony as defined in section 556.061, RSMo, and is committed to the department of corrections shall be required to serve the following minimum prison terms:

              (1) If the defendant has one previous prison commitment to the department of corrections for a felony offense, the minimum prison term which the defendant must serve shall be forty percent of his sentence or until the defendant attains seventy years of age, and has served at least forty percent of the sentence imposed, whichever occurs first;

              (2) If the defendant has two previous prison commitments to the department of corrections for felonies unrelated to the present offense, the minimum prison term which the defendant must serve shall be fifty percent of his sentence or until the defendant attains seventy years of age, and has served at least forty percent of the sentence imposed, whichever occurs first;

              (3) If the defendant has three or more previous prison commitments to the department of corrections for felonies unrelated to the present offense, the minimum prison term which the defendant must serve shall be eighty percent of his sentence or until the defendant attains seventy years of age, and has served at least forty percent of the sentence imposed, whichever occurs first.

              3. Other provisions of the law to the contrary notwithstanding, any defendant who has pleaded guilty to or has been found guilty of a dangerous felony as defined in section 556.061, RSMo, and is committed to the department of corrections shall be required to serve a minimum prison term of eighty-five percent of the sentence imposed by the court or until the defendant attains seventy years of age, and has served at least forty percent of the sentence imposed, whichever occurs first.

              4. For the purpose of determining the minimum prison term to be served, the following calculations shall apply:

              (1) A sentence of life shall be calculated to be thirty years;

              (2) Any sentence either alone or in the aggregate with other consecutive sentences for crimes committed at or near the same time which is over seventy-five years shall be calculated to be seventy-five years.

              5. For purposes of this section, the term "minimum prison term" shall mean time required to be served by the defendant before he is eligible for parole, conditional release or other early release by the department of corrections. Except that the board of probation and parole, in the case of consecutive sentences imposed at the same time pursuant to a course of conduct constituting a common scheme or plan, shall be authorized to convert consecutive sentences to concurrent sentences, when the board finds, after hearing with notice to the prosecuting or circuit attorney, that the sum of the terms results in an unreasonably excessive total term, taking into consideration all factors related to the crime or crimes committed and the sentences received by others similarly situated.

              6. (1) A sentencing advisory commission is hereby created to consist of eleven members. One member shall be appointed by the speaker of the house. One member shall be appointed by the president pro tem of the senate. One member shall be the director of the department of corrections. Six members shall be appointed by and serve at the pleasure of the governor from among the following: the public defender commission; private citizens; a private member of the Missouri Bar; the board of probation and parole; and a prosecutor. Two members shall be appointed by the supreme court, one from a metropolitan area and one from a rural area. All members of the sentencing commission appointed prior to August 28, 1994, shall continue to serve on the sentencing advisory commission at the pleasure of the governor.

              (2) The commission shall study sentencing practices in the circuit courts throughout the state for the purpose of determining whether and to what extent disparities exist among the various circuit courts with respect to the length of sentences imposed and the use of probation for defendants convicted of the same or similar crimes and with similar criminal histories. The commission shall also study and examine whether and to what extent sentencing disparity among economic and social classes exists in relation to the sentence of death and if so, the reasons therefor. It shall compile statistics, examine cases, draw conclusions, and perform other duties relevant to the research and investigation of disparities in death penalty sentencing among economic and social classes.

              (3) The commission shall establish a system of recommended sentences, within the statutory minimum and maximum sentences provided by law for each felony committed under the laws of this state. This system of recommended sentences shall be distributed to all sentencing courts within the state of Missouri. The recommended sentence for each crime shall take into account, but not be limited to, the following factors:

              (a) The nature and severity of each offense;

              (b) The record of prior offenses by the offender;

              (c) The data gathered by the commission showing the duration and nature of sentences imposed for each crime; and

              (d) The resources of the department of corrections and other authorities to carry out the punishments that are imposed.

              (4) The commission shall publish and distribute its system of recommended sentences on or before July 1, 1995. The commission shall study the implementation and use of the system of recommended sentences until July 1, 1998, and return a final report to the governor, the speaker of the house of representatives, and the president pro tem of the senate. Following the July 1, 1998, report, the commission may revise the recommended sentences every three years.

              (5) The governor shall select a chairperson who shall call meetings of the commission as required or permitted pursuant to the purpose of the sentencing commission.

              (6) The members of the commission shall not receive compensation for their duties on the commission, but shall be reimbursed for actual and necessary expenses incurred in the performance of these duties and for which they are not reimbursed by reason of their other paid positions.

              (7) The circuit and associate circuit courts of this state, the office of the state courts administrator, the department of public safety, and the department of corrections shall cooperate with the commission by providing information or access to information needed by the commission. The office of the state courts administrator will provide needed staffing resources.

              7. If the imposition or execution of a sentence is suspended, the court may consider ordering restorative justice methods pursuant to section 217.777, RSMo, including any or all of the following, or any other method that the court finds just or appropriate:

              (1) Restitution to any victim for costs incurred as a result of the offender's actions;

              (2) Offender treatment programs;

              (3) Mandatory community services;

              (4) Work release programs in local facilities; and

              (5) Community-based residential and nonresidential programs.

              8. If the imposition or execution of a sentence is suspended, in addition to the provisions of subsection 7 of this section, the court may order the assessment and payment of a designated amount of money to a county crime reduction fund established by the county commission pursuant to section 50.565, RSMo. Such contribution shall not exceed one thousand dollars for any charged offense. Any money deposited into the county crime reduction fund pursuant to this section shall only be expended pursuant to the provisions of section 50.565, RSMo. County crime reduction funds shall be audited as are all other county funds.

              [7.] 9. The provisions of this section shall apply only to offenses occurring on or after August 28, 1994.”; and

              “559.021. 1. The conditions of probation shall be such as the court in its discretion deems reasonably necessary to ensure that the defendant will not again violate the law. When a defendant is placed on probation he shall be given a certificate explicitly stating the conditions on which he is being released.

              2. In addition to such other authority as exists to order conditions of probation, the court may order such conditions as the court believes will serve to compensate the victim, any dependent of the victim, or society. Such conditions may include, but shall not be limited to:

              (1) Restitution to the victim or any dependent of the victim, in an amount to be determined by the judge; and

              (2) The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the judge.

              3. In addition to such other authority as exists to order conditions of probation, in the case of a plea of guilty or a finding of guilt, the court may order the assessment and payment of a designated amount of money to a county crime reduction fund established by the county commission pursuant to section 50.565, RSMo. Such contribution shall not exceed one thousand dollars for any charged offense. Any money deposited into the county crime reduction fund pursuant to this section shall only be expended pursuant to the provisions of section 50.565, RSMo. County crime reduction funds shall be audited as are all other county funds.

              [3.] 4. The defendant may refuse probation conditioned on the performance of free work. If he does so, the court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly. Any county, city, person, organization, or agency, or employee of a county, city, organization or agency charged with the supervision of such free work or who benefits from its performance shall be immune from any suit by the defendant or any person deriving a cause of action from him if such cause of action arises from such supervision of performance, except for an intentional tort or gross negligence. The services performed by the defendant shall not be deemed employment within the meaning of the provisions of chapter 288, RSMo. A defendant performing services pursuant to this section shall not be deemed an employee within the meaning of the provisions of chapter 287, RSMo.

              [4.] 5. The court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.

              6. The defendant may refuse probation conditioned on a payment to a county crime reduction fund. If he or she does so, the court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly. A judge may order payment to a crime reduction fund only if such fund had been created prior to sentencing by ordinance or resolution of a county of the state of Missouri. A judge shall not have any direct supervisory authority or administrative control over any fund to which the judge is ordering the probationers to make payments. A defendant who fails to make a payment or payments to a county crime reduction fund may not have his probation revoked solely for failing to make such payment unless the judge, after evidentiary hearing, makes a finding supported by a preponderance of the evidence that the defendant either willfully refused to make the payment or that the defendant willfully, intentionally, and purposefully failed to make sufficient bona fide efforts to acquire the resources to pay.”; and

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

            Representative Seigfreid raised a point of order that House Amendment No. 9 goes beyond the scope of the bill.

            The Chair ruled the point of order not well taken.

            Representative Smith (118) offered House Amendment No. 1 to House Amendment No. 9.

House Amendment No. 1

to

House Amendment No. 9

AMEND House Amendment No. 9 to House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 199, Page 11, Line 6, by inserting after all of said line the following:

              "Section 1. After September 1, 2003, no fund shall be created to be used as a depository for moneys received or collected to fund additional costs and expenses incurred by any county office. Any moneys received or collected to fund additional costs and expenses incurred by any county office, excluding any moneys collected pursuant to any section in effect before September 1, 2003, shall be deposited in the general revenue fund of the county."; and

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

            Representative Smith (118) moved that House Amendment No. 1 to House Amendment No. 9 be adopted.

            Which motion was defeated.

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

            Representative Salva offered House Amendment No. 10.

House Amendment No. 10

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 199, Page 10, Section 135.207, Line 20, by inserting immediately after said line the following:

              “(4) In addition to all other satellite zones authorized in this section, any city of the fourth classification with more than three thousand eight hundred but less than four thousand inhabitants and located in more than one county and which city lies adjacent to any home rule city with more than one hundred thirteen thousand two hundred but less than one hundred thirteen thousand three hundred inhabitants and which contains an enterprise zone may, upon approval of the director and the governing authorities of the city of the fourth classification and the home rule city, designate on satellite zone within its corporate limits. The satellite enterprise zone authorized by this subsection shall be designated only if it meets the criteria established by subdivisions (1) to (4) of subsection 2 of this section. Retail businesses, as identified by the 1997 North American Industry Classification System (NAICS) sector number 44-45, located within the satellite enterprise zone shall be eligible for all benefits provided pursuant to the provisions of sections 135.200 to 135.258.”; and

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

            Representative Byrd raised a point of order that House Amendment No. 10 goes beyond the scope of the bill.

            The Chair ruled the point of order not well taken.

            Representative Salva moved that House Amendment No. 10 be adopted.

            Which motion was defeated.

            Representative Riback Wilson (25) offered House Amendment No. 11.

            Representative Stevenson raised a point of order that House Amendment No. 11 is not germane and goes beyond the scope of the underlying bill.

            The Chair ruled the point of order well taken.

            On motion of Representative Johnson (47), HS HCS SCS SB 199, as amended, was adopted.

            On motion of Representative Johnson (47), HS HCS SCS SB 199, as amended, was read the third time and passed by the following vote: