Journal of the House

Second Regular Session, 93rd General Assembly

SEVENTY-THIRD DAY, Friday, May 12, 2006

The House met pursuant to adjournment.

            Speaker Jetton in the Chair.

            Prayer by Reverend Kent Parson, Elkton Baptist Church, Flemington, Missouri.

              Our Heavenly Father, thank You for the opportunity to live in so great a land and among this wonderful people. Thank You for the blessings You provide each day, which we so often take for granted.

              As this body completes their work for another session, may they continue to rely upon You for their leadership. May each be blessed and feel a sense of pride in their accomplishments and a determination to press onward toward future achievements in those areas where they may feel they have fallen short. Help each of theses ladies and gentlemen to be humble in their victories and gracious in their defeats.

              Continue to bless the men and women of this astute body with Your holy presence and guide them as they make the decisions which are before them today. Grant that each of these leaders of the great State of Missouri may be endowed with the wisdom of a Solomon; the leadership abilities of a Moses; the heart of a David; the strength of a Sampson; the perception of a Daniel; the dedication and commitment of a Paul; and most importantly; may they demonstrate love of their fellow-man as did Jesus Christ.

              We ask these blessings in the name of Thy Son, and our Savior, Jesus Christ. Amen and Amen.

            The Pledge of Allegiance to the flag was recited.

            The Journal of the seventy-second day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 3596 - Representative Deeken

            House Resolution No. 3597 - Representatives Cunningham (145) and Pollock

            House Resolution No. 3598

                        through

            House Resolution No. 3601 - Representative Cunningham (145)

            House Resolution No. 3602 - Representative Kelly

            House Resolution No. 3603 - Representative Cunningham (86)

            House Resolution No. 3604 - Representative Corcoran

            House Resolution No. 3605 - Representative Wright (137)

            House Resolution No. 3606 - Representative Kratky

            House Resolution No. 3607

                        and

            House Resolution No. 3608 - Representative Cooper (158)

            House Resolution No. 3609

                        through

            House Resolution No. 3612 - Representative Deeken

            House Resolution No. 3613 - Representative Wilson (130)

            House Resolution No. 3614 - Representative Wood

            House Resolution No. 3615 - Representative Fisher

            House Resolution No. 3616 - Representative Wilson (119)

            House Resolution No. 3617 - Representative Rector

            House Resolution No. 3618

                        and

            House Resolution No. 3619 - Representative Wildberger

            House Resolution No. 3620 - Representative Swinger

            House Resolution No. 3621 - Representative Wilson (130)

            House Resolution No. 3622

                        through

            House Resolution No. 3635 - Representative Hobbs

            House Resolution No. 3636

                        and

            House Resolution No. 3637 - Representative Bruns

            House Resolution No. 3638 - Representative Dixon

            House Resolution No. 3639 - Representative Moore

            House Resolution No. 3640 - Representative Rector

            House Resolution No. 3641

                        through

            House Resolution No. 3644 - Representative Bringer

            House Resolution No. 3645

                        through

            House Resolution No. 3672 - Representative Schad

            House Resolution No. 3673 - Representative Bland

            House Resolution No. 3674 - Representative Cunningham (145)

            House Resolution No. 3675

                        and

            House Resolution No. 3676 - Representative Ervin

            House Resolution No. 3677

                        through

            House Resolution No. 3679 - Representative Dusenberg

            House Resolution No. 3680

                        and

            House Resolution No. 3681 - Representative Threlkeld

            House Resolution No. 3682

                        through

            House Resolution No. 3684 - Representative Wright-Jones

            House Resolution No. 3685 - Representative Cunningham (145)

            House Resolution No. 3686 - Representative Cooper (155)

            House Resolution No. 3687

                        and

            House Resolution No. 3688 - Representative Schaaf

            House Resolution No. 3689

                        through

            House Resolution No. 3691 - Representative Aull

            House Resolution No. 3692

                        and

            House Resolution No. 3693 - Representative Oxford

            House Resolution No. 3694 - Representative Cunningham (145)

            House Resolution No. 3695

                        and

            House Resolution No. 3696 - Representative Wasson

            House Resolution No. 3697 - Representative Dusenberg

            House Resolution No. 3698 - Representative Wilson (130)

            Representative Behnen assumed the Chair.

THIRD READING OF SENATE BILLS

            HCS SS SCS SB 1229, relating to a tax credit for children in crisis, was taken up by Representative Dixon.

            On motion of Representative Dixon, HCS SS SCS SB 1229 was adopted.

            On motion of Representative Dixon, HCS SS SCS SB 1229 was read the third time and passed by the following vote:

            Representative Behnen declared the bill passed.

            Speaker Jetton resumed the Chair.

            HCS SB 780, relating to the Office of Public Counsel funding, was taken up by Representative Rector.

            On motion of Representative Rector, HCS SB 780 was adopted.

            On motion of Representative Rector, HCS SB 780 was read the third time and passed by the following vote:

            Speaker Jetton declared the bill passed.

            HCS SCS SB 1064, relating to outdoor advertising, was taken up by Representative St. Onge.

            Representative St. Onge offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 1064, Page 2, Section 226.527, Line 33, by inserting after said line the following:

              “A dispute between a property owner and a bill board sign company shall not present a liability issue for a zoning authority.”; and

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

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

            Representative Faith offered House Amendment No. 2.

            Representative Darrough raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.

            On motion of Representative St. Onge, HCS SCS SB 1064, as amended, was adopted.

            On motion of Representative St. Onge, HCS SCS SB 1064, as amended, was read the third time and passed by the following vote:

            Speaker Jetton declared the bill passed.

            Speaker Pro Tem Bearden assumed the Chair.

            HCS SS SCS SB 953, relating to a title insurance and service contract, was taken up by Representative Dempsey.

            Representative Dempsey offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 953, Page 1, In the Title, Line 17, by deleting the words "and service contracts"; and

              Further amend said bill, Page 3, Section 374.046, Line 31, by deleting the phrase "is about to engage" and inserting in lieu thereof the phrase "has taken a substantial step toward engaging"; and

              Further amend said bill, Page 3, Section 374.046, Line 33, by deleting the phrase "except sections 374.700 to 374.789,"; and

              Further amend said bill, Page 3, Section 374.046, Line 35, by deleting the word "aided," and inserting in lieu thereof the words "aided or"; and

              Further amend said bill, Page 3, Section 374.046, Line 35, by deleting the phrase ", or is about to materially aid"; and

              Further amend said bill, Page 3, Section 374.046, Line 37, by deleting the phrase "except sections 374.700 to 374.789,"; and

              Further amend said bill, Page 7, Section 374.047, Line 5, by deleting the phrase "except sections 374.700 to 374.789,"; and

              Further amend said bill, Page 7, Section 374.048, Line 1, by deleting the phrase "is about to engage" and inserting in lieu thereof the phrase "has taken a substantial step toward engaging"; and

              Further amend said bill, Page 7, Section 374.048, Lines 3 and 4, by deleting the phrase "except sections 374.700 to 374.789,"; and

              Further amend said bill, Page 8, Section 374.048, Line 5, by deleting the phrase "is about to engage" and inserting in lieu thereof the phrase "has taken a substantial step toward engaging"; and

              Further amend said bill, Page 8, Section 374.048, Line 7, by deleting the phrase "except sections 374.700 to 374.789,"; and

              Further amend said bill, Page 9, Section 374.048, Line 46, by deleting the phrase "except sections 374.700 to 374.789,"; and

              Further amend said bill, Page 9, Section 374.049, Line 2, by deleting the phrase "except sections 374.700 to 374.789,"; and

              Further amend said bill, Page 9, Section 374.049, Line 12, by deleting the phrase "except sections 374.700 to 374.789,"; and

              Further amend said bill, Page 10, Section 374.049, Line 28, by deleting the phrase "except sections 374.700 to 374.789,"; and

              Further amend said bill, Page 10, Section 374.049, Line 43, by deleting the phrase "except sections 374.700 to 374.789,"; and

              Further amend said bill, Page 11, Section 374.055, Line 3, by deleting the phrase "except sections 374.700 to 374.789,"; and

              Further amend said bill, Pages 12 to 17, Section 381.009, Lines 1 to 198, by deleting all of said lines; and

              Further amend said bill, Pages 17 and 18, Section 381.015, Lines 1 to 24, by deleting all of said lines; and

              Further amend said bill, Page 22, Section 381.025, Lines 1 to 16, by deleting all of said lines; and

              Further amend said bill, Page 22, Section 381.026, Lines 1 to 8, by deleting all of said lines; and

              Further amend said bill, Pages 22 and 23, Section 381.027, Lines 1 to 9, by deleting all of said lines; and

              Further amend said bill, Pages 23 and 24, Section 381.028, Lines 1 to 42, by deleting all of said lines; and

              Further amend said bill, Pages 24 and 25, Section 381.029, Lines 1 to 29, by deleting all of said lines; and

              Further amend said bill, Page 25, Section 381.032, Lines 1 to 18, by deleting all of said lines; and

              Further amend said bill, Pages 25 and 26, Section 381.033, Lines 1 to 18, by deleting all of said lines; and

              Further amend said bill, Page 26, Section 381.034, Lines 1 to 12, by deleting all of said lines; and

              Further amend said bill, Pages 26 and 27, Section 381.038, Lines 1 to 42, by deleting all of said lines; and

              Further amend said bill, Page 27, Section 381.045, Line 1, by deleting the phrase "is about to engage" and

inserting in lieu thereof the phrase "has taken a substantial step toward engaging"; and

              Further amend said bill, Page 27, Section 381.045, Line 3, by deleting the word "aided," and inserting in lieu thereof the words "aided or"; and

              Further amend said bill, Page 27, Section 381.045, Line 3, by deleting the phrase ", or is about to materially aid"; and

              Further amend said bill, Page 28, Section 381.045, Lines 10 and 11, by deleting the phrase "is about to

engage" and inserting in lieu thereof the phrase "has taken a substantial step toward engaging"; and

              Further amend said bill, Page 28, Section 381.045, Line 12, by deleting the word "aided," and inserting in lieu thereof the words "aided or"; and

              Further amend said bill, Page 28, Section 381.045, Line 12, by deleting the phrase ", or is about to materially aid"; and

              Further amend said bill, Pages 28 and 29, Section 381.058, Lines 1 to 33, by deleting all of said lines; and

              Further amend said bill, Page 33, Section 381.112, Lines 1 to 3, by deleting all of said lines; and

              Further amend said bill, Pages 33 and 34, Section 381.113, Lines 1 to 23, by deleting all of said lines; and

              Further amend said bill, Pages 37 and 38, Section 381.410, Lines 1 to 34, by deleting all of said lines; and

              Further amend said bill, Pages 38 and 39, Section 381.412, Lines 1 to 22, by deleting all of said lines; and

              Further amend said bill, Pages 39 to 47, Sections 385.200 to 385.212, by deleting all of said sections; and

              Further amend said bill, Pages 47 to 55, Sections 385.300 to 385.312, by deleting all of said sections; and

              Further amend said bill, Page 61, Section 381.021, Lines 1 to 14, by deleting all of said lines; and

              Further amend said bill, Pages 64 to 66, Section 381.031, Lines 1 to 113, by deleting all of said lines; and

              Further amend said bill, Pages 66 and 67, Section 381.032, Lines 1 to 34, by deleting all of said lines; and

              Further amend said bill, Pages 71 and 72, Section 381.071, Lines 1 to 39, by deleting all of said lines; and

              Further amend said bill, Pages 86 to 102, Sections 381.131 to 407.1227, by deleting all of said sections; and

              Further amend said bill, Page 102, Section B, Lines 1 to 15, by deleting all of said lines; and

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

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

            Representative Salva offered House Amendment No. 2.

            Representative Yates raised a point of order that House Amendment No. 2 goes beyond the scope of the underlying bill.

            The Chair ruled the point of order well taken.

            On motion of Representative Dempsey, HCS SS SCS SB 953, as amended, was adopted.

            On motion of Representative Dempsey, HCS SS SCS SB 953, as amended, was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HCS SCS SB 1175, relating to a community center sales tax, was taken up by Representative Nance.

            Representative Tilley offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 1175, Page 1, In the Title, Lines 2 and 3, by deleting the words "a sales tax for community center development" and inserting in lieu thereof the following:

              "taxation in political subdivisions"; and

              Further amend said bill, Page 1, Section A, Line 2, by inserting after all of said line the following:

              "67.997. 1. The governing body of any county of the third classification without a township form of government and with more than eighteen thousand one hundred but fewer than eighteen thousand two hundred inhabitants may impose, by order or ordinance, a sales tax on all retail sales made within the county which are subject to sales tax under chapter 144, RSMo. The tax authorized in this section shall not exceed one-fourth of one percent, and shall be imposed solely for the purpose of funding senior services and youth programs provided by the county. One-half of all revenue collected under this section shall be used solely to fund any service or activity deemed necessary by the senior service tax commission established in this section, and one-half of all revenue collected under this section shall be used solely to fund all youth programs administered by an existing county community task force. The tax authorized in this section shall be in addition to all other sales taxes imposed by law, and shall be stated separately from all other charges and taxes. The order or ordinance shall not become effective unless the governing body of the county submits to the voters residing within the county at a state general, primary, or special election a proposal to authorize the governing body of the county to impose a tax under this section.

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

              Shall ...... (insert the name of the county) impose a sales tax at a rate of ...... (insert rate of percent) percent, with half of the revenue from the tax to be used solely to fund senior services provided by the county and half of the revenue from the tax to be used solely to fund youth programs provided by the county?

                                                         □ YES                                                             □ NO

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

If a majority of the votes cast on the question by the qualified voters voting thereon are in favor of the question, then the tax shall become effective on the first day of the second calendar quarter immediately following the approval of the tax or notification to the department of revenue if such tax will be administered by the department of revenue. If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the question, then the tax shall not become effective unless and until the question is resubmitted under this section to the qualified voters and such question is approved by a majority of the qualified voters voting on the question.

              3. On or after the effective date of any tax authorized under this section, the county which imposed the tax may adopt one of the two following provisions for the collection and administration of the tax:

              (1) The county may adopt rules for the internal collection of such tax by the county officers usually responsible for collection and administration of county taxes; or

              (2) The county may enter into an agreement with the director of the department of revenue for the purpose of collecting the tax authorized in this section. In the event the county enters into an agreement with the director of revenue for the collection of the tax, on or after the effective date of the tax the director of revenue shall be responsible for the administration, collection, enforcement, and operation of the tax, and sections 32.085 and 32.087, RSMo, shall apply. All revenue collected under this section by the director of the department of revenue on behalf of any county, except for one percent for the cost of collection which shall be deposited in the state's general revenue fund, shall be deposited in a special trust fund, which is hereby created and shall be known as the "Senior Services and Youth Programs Sales Tax Trust Fund", and shall be used solely for the designated purposes. Moneys in the fund shall not be deemed to be state funds, and shall not be commingled with any funds of the state. The director may make refunds from the amounts in the trust fund and credited to the county for erroneous payments and overpayments made, and may redeem dishonored checks and drafts deposited to the credit of such county. Any funds in the special trust fund which are not needed for current expenditures shall be invested in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.

              4. In order to permit sellers required to collect and report the sales tax to collect the amount required to be reported and remitted, but not to change the requirements of reporting or remitting the tax, or to serve as a levy of the tax, and in order to avoid fractions of pennies, the governing body of the county may authorize the use of a bracket system similar to that authorized in section 144.285, RSMo, and notwithstanding the provisions of that section, this new bracket system shall be used where this tax is imposed and shall apply to all taxable transactions. Beginning with the effective date of the tax, every retailer in the county shall add the sales tax to the sale price, and this tax shall be a debt of the purchaser to the retailer until paid, and shall be recoverable at law in the same manner as the purchase price. For purposes of this section, all retail sales shall be deemed to be consummated at the place of business of the retailer.

              5. All applicable provisions in sections 144.010 to 144.524, RSMo, governing the state sales tax, and section 32.057, RSMo, the uniform confidentiality provision, shall apply to the collection of the tax, and all exemptions granted to agencies of government, organizations, and persons under sections 144.010 to 144.525, RSMo, are hereby made applicable to the imposition and collection of the tax. The same sales tax permit, exemption certificate, and retail certificate required by sections 144.010 to 144.525, RSMo, for the administration and collection of the state sales tax shall satisfy the requirements of this section, and no additional permit or exemption certificate or retail certificate shall be required; except that, the director of revenue may prescribe a form of exemption certificate for an exemption from the tax. All discounts allowed the retailer under the state sales tax for the collection of and for payment of taxes are hereby allowed and made applicable to the tax. The penalties for violations provided in section 32.057, RSMo, and sections 144.010 to 144.525, RSMo, are hereby made applicable to violations of this section. If any person is delinquent in the payment of the amount required to be paid under this section, or in the event a determination has been made against the person for taxes and penalty under this section, the limitation for bringing suit for the collection of the delinquent tax and penalty shall be the same as that provided in sections 144.010 to 144.525, RSMo.

              6. The governing body of any county that has adopted the sales tax authorized in this section may submit the question of repeal of the tax to the voters on any date available for elections for the county. The ballot of submission shall be in substantially the following form:

              Shall ...... (insert the name of the county) repeal the sales tax imposed at a rate of ...... (insert rate of percent) percent for the purpose of funding senior services and youth programs provided by the county?

                                                         □ YES                                                             □ NO

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

If a majority of the votes cast on the question by the qualified voters voting thereon are in favor of repeal, that repeal shall become effective on December thirty-first of the calendar year in which such repeal was approved. If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the repeal, then the sales tax authorized in this section shall remain effective until the question is resubmitted under this section to the qualified voters and the repeal is approved by a majority of the qualified voters voting on the question.

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

              8. If the tax is repealed or terminated by any means, all funds remaining in the special trust fund shall continue to be used solely for the designated purposes, and the county shall notify the director of the department of revenue of the action at least thirty days before the effective date of the repeal and the director may order retention in the trust fund, for a period of one year, of two percent of the amount collected after receipt of such notice to cover possible refunds or overpayment of the tax and to redeem dishonored checks and drafts deposited to the credit of such accounts. After one year has elapsed after the effective date of abolition of the tax in such county, the director shall remit the balance in the account to the county and close the account of that county. The director shall notify each county of each instance of any amount refunded or any check redeemed from receipts due the county.

              9. Each county imposing the tax authorized in this section shall establish a senior services tax commission to administer the portion of the sales tax revenue dedicated to providing senior services. Such commission shall consist of seven members appointed by the county commission. The county commission shall determine the qualifications, terms of office, compensation, powers, duties, restrictions, procedures, and all other necessary functions of the commission."; and

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

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

            Representative Sutherland offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 1175, Section A, Page 1, Line 2, by inserting immediately after said line the following:

              “67.1461. 1. Each district shall have all the powers, except to the extent any such power has been limited by the petition approved by the governing body of the municipality to establish the district, necessary to carry out and effectuate the purposes and provisions of sections 67.1401 to 67.1571 including, but not limited to, the following:

              (1) To adopt, amend, and repeal bylaws, not inconsistent with sections 67.1401 to 67.1571, necessary or convenient to carry out the provisions of sections 67.1401 to 67.1571;

              (2) To sue and be sued;

              (3) To make and enter into contracts and other instruments, with public and private entities, necessary or convenient to exercise its powers and carry out its duties pursuant to sections 67.1401 to 67.1571;

              (4) To accept grants, guarantees and donations of property, labor, services, or other things of value from any public or private source;

              (5) To employ or contract for such managerial, engineering, legal, technical, clerical, accounting, or other assistance as it deems advisable;

              (6) To acquire by purchase, lease, gift, grant, bequest, devise, or otherwise, any real property within its boundaries, personal property, or any interest in such property;

              (7) To sell, lease, exchange, transfer, assign, mortgage, pledge, hypothecate, or otherwise encumber or dispose of any real or personal property or any interest in such property;

              (8) To levy and collect special assessments and taxes as provided in sections 67.1401 to 67.1571. However, no such assessments or taxes shall be levied on any property exempt from taxation pursuant to subdivisions (2) and (5) of section 137.100, RSMo. Those exempt pursuant to subdivisions (2) and (5) of section 137.100, RSMo, may voluntarily participate in the provisions of sections 67.1401 to 67.1571;

              (9) If the district is a political subdivision, to levy real property taxes and business license taxes in the county seat of a county of the first classification containing a population of at least two hundred thousand, as provided in sections 67.1401 to 67.1571. However, no such assessments or taxes shall be levied on any property exempt from taxation pursuant to subdivisions (2) and (5) of section 137.100, RSMo. Those exempt pursuant to subdivisions (2) and (5) of section 137.100, RSMo, may voluntarily participate in the provisions of sections 67.1401 to 67.1571;

              (10) If the district is a political subdivision, to levy sales taxes pursuant to sections 67.1401 to 67.1571;

              (11) To fix, charge, and collect fees, rents, and other charges for use of any of the following:

              (a) The district's real property, except for public rights-of-way for utilities;

              (b) The district's personal property, except in a city not within a county; or

              (c) Any of the district's interests in such real or personal property, except for public rights-of-way for utilities;

              (12) To borrow money from any public or private source and issue obligations and provide security for the repayment of the same as provided in sections 67.1401 to 67.1571;

              (13) To loan money as provided in sections 67.1401 to 67.1571;

              (14) To make expenditures, create reserve funds, and use its revenues as necessary to carry out its powers or duties and the provisions and purposes of sections 67.1401 to 67.1571;

              (15) To enter into one or more agreements with the municipality for the purpose of abating any public nuisance within the boundaries of the district including, but not limited to, the stabilization, repair or maintenance or demolition and removal of buildings or structures, provided that the municipality has declared the existence of a public nuisance;

              (16) Within its boundaries, to provide assistance to or to construct, reconstruct, install, repair, maintain, and equip any of the following public improvements:

              (a) Pedestrian or shopping malls and plazas;

              (b) Parks, lawns, trees, and any other landscape;

              (c) Convention centers, arenas, aquariums, aviaries, and meeting facilities;

              (d) Sidewalks, streets, alleys, bridges, ramps, tunnels, overpasses and underpasses, traffic signs and signals, utilities, drainage, water, storm and sewer systems, and other site improvements;

              (e) Parking lots, garages, or other facilities;

              (f) Lakes, dams, and waterways;

              (g) Streetscape, lighting, benches or other seating furniture, trash receptacles, marquees, awnings, canopies, walls, and barriers;

              (h) Telephone and information booths, bus stop and other shelters, rest rooms, and kiosks;

              (i) Paintings, murals, display cases, sculptures, and fountains;

              (j) Music, news, and child-care facilities; and

              (k) Any other useful, necessary, or desired improvement;

              (17) To dedicate to the municipality, with the municipality's consent, streets, sidewalks, parks, and other real property and improvements located within its boundaries for public use;

              (18) Within its boundaries and with the municipality's consent, to prohibit or restrict vehicular and pedestrian traffic and vendors on streets, alleys, malls, bridges, ramps, sidewalks, and tunnels and to provide the means for access by emergency vehicles to or in such areas;

              (19) Within its boundaries, to operate or to contract for the provision of music, news, child-care, or parking facilities, and buses, minibuses, or other modes of transportation;

              (20) Within its boundaries, to lease space for sidewalk cafe tables and chairs;

              (21) Within its boundaries, to provide or contract for the provision of security personnel, equipment, or facilities for the protection of property and persons;

              (22) Within its boundaries, to provide or contract for cleaning, maintenance, and other services to public and private property;

              (23) To produce and promote any tourism, recreational or cultural activity or special event in the district by, but not limited to, advertising, decoration of any public place in the district, promotion of such activity and special events, and furnishing music in any public place;

              (24) To support business activity and economic development in the district including, but not limited to, the promotion of business activity, development and retention, and the recruitment of developers and businesses;

              (25) To provide or support training programs for employees of businesses within the district;

              (26) To provide refuse collection and disposal services within the district;

              (27) To contract for or conduct economic, planning, marketing or other studies;

              (28) To repair, restore, or maintain any abandoned cemetery on public or private land within the district; and

              (29) To carry out any other powers set forth in sections 67.1401 to 67.1571.

              2. Each district which is located in a blighted area or which includes a blighted area shall have the following additional powers:

              (1) Within its blighted area, to contract with any private property owner to demolish and remove, renovate, reconstruct, or rehabilitate any building or structure owned by such private property owner; and

              (2) To expend its revenues or loan its revenues pursuant to a contract entered into pursuant to this subsection, provided that the governing body of the municipality has determined that the action to be taken pursuant to such contract is reasonably anticipated to remediate the blighting conditions and will serve a public purpose.

              3. Each district shall annually reimburse the municipality for the reasonable and actual expenses incurred by the municipality to establish such district and review annual budgets and reports of such district required to be submitted to the municipality; provided that, such annual reimbursement shall not exceed one and one-half percent of the revenues collected by the district in such year.

              4. Nothing in sections 67.1401 to 67.1571 shall be construed to delegate to any district any sovereign right of municipalities to promote order, safety, health, morals, and general welfare of the public, except those such police powers, if any, expressly delegated pursuant to sections 67.1401 to 67.1571.

              5. The governing body of the municipality establishing the district shall not decrease the level of publicly funded services in the district existing prior to the creation of the district or transfer the financial burden of providing the services to the district unless the services at the same time are decreased throughout the municipality, nor shall the governing body discriminate in the provision of the publicly funded services between areas included in such district and areas not so included.”; and

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

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

            Representative Nance offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 1175, Section 67.2715, Page 2, Line 35, by inserting the word “and” after the word “center”; and

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

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

            Representative Villa offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 1175, Page 1, Lines 2 and 3 of the title, by deleting the words “for community center development”; and

              Further amend said bill, Page 4, Section 67.2715, Line 117, by inserting after said line the following:

              "92.500. 1. The governing body of any city not within a county may impose, by order or ordinance, a sales tax on all retail sales made within the city which are subject to sales tax under chapter 144, RSMo. The tax authorized in this section shall not exceed one-half of one percent, and shall be imposed solely for the purpose of providing revenues for the operation of public safety departments, including police and fire departments, and for compensation, pension programs, and health care for employees and pensioners of the public safety departments. The tax authorized in this section shall be in addition to all other sales taxes imposed by law, and shall be stated separately from all other charges and taxes. The order or ordinance shall not become effective unless the governing body of the city submits to the voters residing within the city at a state general, primary, or special election a proposal to authorize the governing body of the city to impose a tax under this section.

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

              Shall ...... (insert the name of the city) impose a sales tax at a rate of ...... (insert rate of percent) percent, solely for the purpose of providing revenues for the operation of public safety departments of the city?

                                                         □ 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 question by the qualified voters voting thereon are in favor of the question, then the tax shall become effective on the first day of the second calendar quarter immediately following notification to the department of revenue. If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the question, then the tax shall not become effective unless and until the question is resubmitted under this section to the qualified voters and such question is approved by a majority of the qualified voters voting on the question.

              3. All revenue collected under this section by the director of the department of revenue on behalf of any city, except for one percent for the cost of collection which shall be deposited in the state's general revenue fund, shall be deposited in a special trust fund, which is hereby created and shall be known as the "Public Safety Protection Sales Tax Fund", and shall be used solely for the designated purposes. Moneys in the fund shall not be deemed to be state funds, and shall not be commingled with any funds of the state. The director may make refunds from the amounts in the trust fund and credited to the city for erroneous payments and overpayments made, and may redeem dishonored checks and drafts deposited to the credit of such city. Any funds in the special trust fund which are not needed for current expenditures shall be invested in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund. The director shall keep accurate records of the amounts in the fund, and such records shall be open to the inspection of the officers of such city and to the public. Not later than the tenth day of each month, the director shall distribute all moneys deposited in the fund during the preceding month to the city. Such funds shall be deposited with the treasurer of the city, and all expenditures of moneys from the fund shall be by an appropriation ordinance enacted by the governing body of the city.

              4. On or after the effective date of the tax, the director of revenue shall be responsible for the administration, collection, enforcement, and operation of the tax, and sections 32.085 and 32.087, RSMo, shall apply. In order to permit sellers required to collect and report the sales tax to collect the amount required to be reported and remitted, but not to change the requirements of reporting or remitting the tax, or to serve as a levy of the tax, and in order to avoid fractions of pennies, the governing body of the city may authorize the use of a bracket system similar to that authorized in section 144.285, RSMo, and notwithstanding the provisions of that section, this new bracket system shall be used where this tax is imposed and shall apply to all taxable transactions. Beginning with the effective date of the tax, every retailer in the city shall add the sales tax to the sale price, and this tax shall be a debt of the purchaser to the retailer until paid, and shall be recoverable at law in the same manner as the purchase price. For purposes of this section, all retail sales shall be deemed to be consummated at the place of business of the retailer.

              5. All applicable provisions in sections 144.010 to 144.524, RSMo, governing the state sales tax, and section 32.057, RSMo, the uniform confidentiality provision, shall apply to the collection of the tax, and all exemptions granted to agencies of government, organizations, and persons under sections 144.010 to 144.525, RSMo, are hereby made applicable to the imposition and collection of the tax. The same sales tax permit, exemption certificate, and retail certificate required by sections 144.010 to 144.525, RSMo, for the administration and collection of the state sales tax shall satisfy the requirements of this section, and no additional permit or exemption certificate or retail certificate shall be required; except that, the director of revenue may prescribe a form of exemption certificate for an exemption from the tax. All discounts allowed the retailer under the state sales tax for the collection of and for payment of taxes are hereby allowed and made applicable to the tax. The penalties for violations provided in section 32.057, RSMo, and sections 144.010 to 144.525, RSMo, are hereby made applicable to violations of this section. If any person is delinquent in the payment of the amount required to be paid under this section, or in the event a determination has been made against the person for the tax and penalties under this section, the limitation for bringing suit for the collection of the delinquent tax and penalties shall be the same as that provided in sections 144.010 to 144.525, RSMo.

              6. The governing body of any city that has adopted the sales tax authorized in this section may submit the question of repeal of the tax to the voters on any date available for elections for the city. The ballot of submission shall be in substantially the following form:

              Shall ...... (insert the name of the city) repeal the sales tax imposed at a rate of ...... (insert rate of percent) percent for the purpose of providing revenues for the operation of public safety departments of the city?

                                                         □ 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 question by the qualified voters voting thereon are in favor of repeal, that repeal shall become effective on December thirty-first of the calendar year in which such repeal was approved. If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the repeal, then the sales tax authorized in this section shall remain effective until the question is resubmitted under this section to the qualified voters and the repeal is approved by a majority of the qualified voters voting on the question.

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

              8. If the tax is repealed or terminated by any means, all funds remaining in the special trust fund shall continue to be used solely for the designated purposes, and the city shall notify the director of the department of revenue of the action at least ninety days before the effective date of the repeal and the director may order retention in the trust fund, for a period of one year, of two percent of the amount collected after receipt of such notice to cover possible refunds or overpayment of the tax and to redeem dishonored checks and drafts deposited to the credit of such accounts. After one year has elapsed after the effective date of abolition of the tax in such city, the director shall remit the balance in the account to the city and close the account of that city. The director shall notify each city of each instance of any amount refunded or any check redeemed from receipts due the city.”; and

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

            Representative Johnson (61) offered House Amendment No. 1 to House Amendment No. 4.

House Amendment No. 1

to

House Amendment No. 4

AMEND House Amendment No. 4 to House Committee Substitute for Senate Committee Substitute for Senate Bill No. 1175, Page 2, Line 3, by inserting after the word “city”the following:

              “, including the hiring of police officers and prosecuting attorneys”; and

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

            On motion of Representative Johnson (61), House Amendment No. 1 to House Amendment No. 4 was adopted.

            On motion of Representative Villa, House Amendment No. 4, as amended, was adopted.

            On motion of Representative Nance, HCS SCS SB 1175, as amended, was adopted.

            On motion of Representative Nance, HCS SCS SB 1175, as amended, was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HCS SCS SBs 567 & 792, relating to health insurance coverage, was taken up by Representative Schaaf.

            Representative Schaaf offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 567 & 792, Section 376.429, Page 9, Line 76, by inserting after said line the following:

              “11. The provisions of this section regarding phase II of a clinical trial shall not apply automatically to an individually underwritten health benefit plan, but shall be an option to any such plan.”; and

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

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

            Representative Bringer offered House Amendment No. 2.

            House Amendment No. 2 was withdrawn.

            On motion of Representative Schaaf, HCS SCS SBs 567 & 792, as amended, was adopted.

            On motion of Representative Schaaf, HCS SCS SBs 567 & 792, as amended, was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

MESSAGES FROM THE SENATE

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on HCS SCS SB 616, as amended, and has taken up and passed CCS HCS SCS SB 616.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on HCS SCS SB 915, as amended, and has taken up and passed CCS HCS SCS SB 915.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report No. 2 on HCS SS#2 SCS SBs 1014 & 730, as amended, and has taken up and passed CCS#2 HCS SS#2 SCS SBs 1014 & 730.

            Emergency clause adopted.

            Representative Behnen resumed the Chair.

            Speaker Pro Tem Bearden resumed the Chair.

BILL IN CONFERENCE

            CCR#2 HCS SS#2 SCS SBs 1014 & 730, as amended, relating to election administration, was taken up by Representative Stevenson.

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote: