Journal of the House

First Regular Session, 94th General Assembly

SIXTY-FIFTH DAY, Monday, April 30, 2007

The House met pursuant to adjournment.

            Speaker Jetton in the Chair.

            Prayer by Reverend James Earl Jackson.

              Lord God, in times of great pressure, we sometimes wonder where our help will come from. Then we look up and remember that our help comes from the LORD, who made heaven and earth! We are confident that it is You who keep us from falling. It is You who give hope and strength for our minds and bodies; always watching over our coming and going. It is You who stand beside us as our protective shade.

              So we pay close attention to whatever guidance You provide this day, examining it well, as you have equipped us with skill, with understanding, with knowledge to complete our work and successfully overcome every kind of challenge placed before us.

              We understand well, the long-lasting impact that our decisions have on this state and its people. So we consider well our actions and their associated consequences.

              Now may You, Heavenly Father, who loved us and by grace gave us eternal comfort and good hope, encourage our hearts and strengthen us in every good thing we do or say.

              In Jesus' name we pray. Amen.

            The Pledge of Allegiance to the flag was recited.

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

            Representative Wasson assumed the Chair.

            Speaker Jetton resumed the Chair.

            The Journal of the sixty-fourth day was approved as printed.

            Representative Onder assumed the Chair.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 2750 through House Resolution No. 2825

HOUSE BILLS WITH SENATE AMENDMENTS

            SCS HCS HB 7, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HCS HB 7 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

            SCS HCS HB 8, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HCS HB 8 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

            SCS HCS HB 9, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HCS HB 9 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

            SCS HCS HB 10, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HCS HB 10 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

            SCS HCS HB 11, as amended, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HCS HB 11, as amended, and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

            SCS HCS HB 12, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HCS HB 12 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Representative Skaggs made a substitute motion that the House refuse to adopt SCS HCS HB 12 and request the Senate to recede from its position and, failing to do so, grant the House a conference, and the House conferees be bound by the House position on Section 12.505 and 12.500.

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            Representative Skaggs again moved that the House refuse to adopt SCS HCS HB 12 and request the Senate to recede from its position and, failing to do so, grant the House a conference, and the House conferees be bound by the House position on Section 12.505 and 12.500.

            Which motion was defeated by the following vote:

            Representative Icet again moved that the House refuse to adopt SCS HCS HB 12 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

            SCS HCS HB 13, relating to appropriations, was taken up by Representative Icet.

            Representative Icet moved that the House refuse to adopt SCS HCS HB 13 and request the Senate to recede from its position and, failing to do so, grant the House a conference.

            Which motion was adopted.

THIRD READING OF SENATE BILL

            HCS SB 25, as amended, with House Amendment No. 2, pending, relating to services for children, was taken up by Representative Franz.

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            Speaker Jetton resumed the Chair.

            On motion of Representative Baker (123), House Amendment No. 2 was adopted by the following vote:

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Franz, HCS SB 25, as amended, was adopted.

            On motion of Representative Franz, HCS SB 25, as amended, was read the third time and passed by the following vote:

            Speaker Jetton 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 refuses to recede from its position on SCS HB 1 and grants the House a conference thereon.

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Mayer, Bray and Green.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 2 and grants the House a conference thereon.

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Mayer, Bray and Green.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 3 and grants the House a conference thereon.

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Mayer, Bray and Green.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 4 and grants the House a conference thereon.

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Mayer, Bray and Green.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 5 and grants the House a conference thereon.

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Mayer, Bray and Green.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 6 and grants the House a conference thereon.

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Mayer, Bray and Green.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 7 and grants the House a conference thereon.

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Mayer, Bray and Green.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 8 and grants the House a conference thereon.

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Mayer, Bray and Green.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 9 and grants the House a conference thereon.

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Mayer, Bray and Green.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 10 and grants the House a conference thereon.

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Mayer, Bray and Green.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 11, as amended, and grants the House a conference thereon.

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Mayer, Bray and Green.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 12 and grants the House a conference thereon.

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Mayer, Bray and Green.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 13 and grants the House a conference thereon.

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House: Senators Gross, Nodler, Mayer, Bray and Green.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 18, entitled:

            An act to appropriate money for capital improvement projects involving the maintenance, repair, replacement, and improvement of state buildings and facilities, including installation, modification, and renovation of facility components, equipment or systems, and to transfer money among certain funds.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 56, entitled:

            An act to amend chapter 227, RSMo, by adding thereto seven new sections relating to the designation of a memorial highway.

            With Senate Amendment No. 1.

Senate Amendment No. 1

AMEND House Bill No. 56, Page 1, Section A, Line 3, by inserting after all of said line the following:

              "227.364. The portion of Missouri Route 74/34 contained in Cape Girardeau County, from the Missouri/Illinois state line west to the intersection of Business Loop 55/U.S. 61/Missouri Route 34, shall be designated as the "John Oliver Jr. Parkway". The provisions of section 227.299 regarding highway designations shall not be applicable to the provisions of this section.

              227.376. Notwithstanding subsection 8 of section 227.299, the portion of U.S. Highway 60 contained in Stoddard County, from where U.S. Highway 60 and Route ZZ intersect to where U.S. Highway 60 and Missouri Route 25 intersect, shall be designated the "Sergeant Carl Dewayne Graham Jr. Memorial Highway". Costs for such designation shall be paid by the Missouri Troopers' Association."; and

              Further amend the title and enacting clause accordingly.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 75.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 344.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 351.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 426, entitled:

            An act to repeal sections 323.010, 323.020, 323.050, 323.060, 323.075, 323.080, 323.090, and 323.110, RSMo, and to enact in lieu thereof twelve new sections relating to the Missouri propane safety act, with a penalty provision.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HCS HB 497.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 574, entitled:

            An act to repeal section 577.051, RSMo, and to enact in lieu thereof one new section relating to Missouri uniform law enforcement system records, with a penalty provision.

            With Senate Amendment No. 1 and Senate Amendment No. 3.

Senate Amendment No. 1

AMEND House Bill No. 574, Page 1, Title, Line 3, by striking all of said line and inserting in lieu thereof the following:

              "the disposition of alcohol-related traffic offenses, with penalty provisions and an emergency clause for a certain section."; and

              Further amend said bill and page, Section A, Line 2, by inserting immediately after said line the following:

              "577.029. A licensed physician, registered nurse, or trained medical technician at the place of his employment, acting at the request and direction of the law enforcement officer, shall withdraw blood for the purpose of determining the alcohol content of the blood, unless such medical personnel, in his good faith medical judgment, believes such procedure would endanger the life or health of the person in custody. Blood may be withdrawn only by such medical personnel, but such restriction shall not apply to the taking of a breath test, a saliva specimen, or a urine specimen. In withdrawing blood for the purpose of determining the alcohol content thereof, only a previously unused and sterile needle and sterile vessel shall be utilized and the withdrawal shall otherwise be in strict accord with accepted medical practices. [A nonalcoholic antiseptic shall be used for cleansing the skin prior to venapuncture.] Upon the request of the person who is tested, full information concerning the test taken at the direction of the law enforcement officer shall be made available to him."; and

              Further amend said bill, Page 2, Section 577.051, Line 35, by inserting immediately after said line the following:

              "Section B. Because of the need to effectively administer the state's drunk driving laws, the repeal and reenactment of section 577.029 of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the repeal and reenactment of section 577.029 of this act shall be in full force and effect upon its passage and approval."; and

              Further amend the title and enacting clause accordingly.

Senate Amendment No. 3

AMEND House Bill No. 574, Page 1, Section A, Line 2, by inserting after all of said line the following:

              "84.120. 1. No person shall be appointed or employed as policeman, turnkey, or officer of police who shall have been convicted of, or against whom any indictment may be pending, for any offense, the punishment of which may be confinement in the penitentiary; nor shall any person be so appointed who is not of good character, or who is not a citizen of the United States, or who is not able to read and write the English language, or who does not possess ordinary physical strength and courage. The patrolmen and turnkeys hereafter appointed shall serve while they shall faithfully perform their duties and possess mental and physical ability and be subject to removal only for cause after a hearing by the boards, who are hereby invested with the [exclusive] jurisdiction in the premises.

              2. The board shall have the sole discretion whether to delegate portions of its jurisdiction to hearing officers. The board shall retain final and ultimate authority over such matters and over the person to whom the delegation may be made. In any hearing before the board under this section, the member involved may make application to the board to waive a hearing before the board and request that a hearing be held before a hearing officer.

              3. Nothing in this section or chapter shall be construed to prohibit the board of police commissioners from delegating any task related to disciplinary matters, disciplinary hearings, or any other hearing or proceeding which could otherwise be heard by the board or concerning any determination related to whether an officer is able to perform the necessary functions of the position. Tasks related to the preceding matter may be delegated by the board to a hearing officer under the provisions of subsection 4 of this section.

              4. (1) The hearing officer to whom a delegation has been made by the board may, at the sole discretion of the board, perform certain functions, including but not limited to the following:

              (a) Presiding over a disciplinary matter from its inception through to the final hearing;

              (b) Preparing a report to the board of police commissioners; and

              (c) Making recommendations to the board of police commissioners as to the allegations and the appropriateness of the recommended discipline.

              (2) The board shall promulgate rules, which may be changed from time to time as determined by the board, and shall make such rules known to the hearing officer or others.

              (3) The board shall at all times retain the authority to render the final decision after a review of the relevant documents, evidence, transcripts, videotaped testimony, or report prepared by the hearing officer or others to whom the board has made such allegations.

              5. Hearing officers shall be selected in the following manner:

              (1) The board shall establish a panel of not less than five persons, all who are to be licensed attorneys in good standing with the Missouri Bar. The composition of the panel may change from time to time at the board's discretion;

              (2) From the panel, the relevant member or officer and a police department representative shall alternatively and independently strike names from the list with the last remaining name being the designated hearing officer. The board shall establish a process to be utilized for each hearing which will determine which party makes the first strike and the process may change from time to time;

              (3) After the hearing officer is chosen and presides over a matter, such hearing officer shall become ineligible until all hearing officers listed have been utilized, at which time the list shall renew, subject to officers' availability.

              84.170. 1. When any vacancy shall take place in any grade of officers, it shall be filled from the next lowest grade; provided, however, that probationary patrolmen shall serve at least six months as such before being promoted to the rank of patrolman; patrolmen shall serve at least three years as such before being promoted to the rank of sergeant; sergeants shall serve at least one year as such before being promoted to the rank of lieutenant; lieutenants shall serve at least one year as such before being promoted to the rank of captain; and in no case shall the chief or assistant chief be selected from men not members of the force or below the grade of captain. Patrolmen shall serve at least three years as such before promotion to the rank of detective; the inspector shall be taken from men in the rank not below the grade of lieutenant.

              2. The boards of police are hereby authorized to make all such rules and regulations, not inconsistent with sections 84.010 to 84.340, or other laws of the state, as they may judge necessary, for the appointment, employment, uniforming, discipline, trial and government of the police. The said boards shall also have power to require of any officer or policeman bond with sureties when they may consider it demanded by the public interests. All lawful rules and regulations of the board shall be obeyed by the police force on pain of dismissal or such lighter punishment, either by suspension, fine, reduction or forfeiture of pay, or otherwise as the boards may adjudge.

              3. The authority possessed by the board of police includes, but is not limited to, the authority to delegate portions of its powers authorized in section 84.120, including presiding over a disciplinary hearing, to a hearing officer as determined by the board."; and

              Further amend the title and enacting clause accordingly.

            Emergency clause adopted.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HCS HB 616, entitled:

            An act to repeal sections 138.010 and 138.135, RSMo, and to enact in lieu thereof two new sections relating to county boards of equalization.

            With Senate Amendment No. 1.

Senate Amendment No. 1

AMEND House Committee Substitute for House Bill No. 616, Page 1, Section 138.010, Line 6, by inserting after the first use of “county” the following:

              “and, for such additional members appointed after August 28, 2007, not related to any member of the county board of equalization within the third degree of consanguinity”.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS HB 665, entitled:

            An act to repeal sections 49.292 and 50.172, RSMo, and to enact lieu thereof three new section relating to county documents.

            With Senate Amendment No. 1.

Senate Amendment No. 1

AMEND Senate Substitute for House Bill No. 665, Page 3, Section 53.177, Line 4, by inserting immediately after the word “website” the following:

              “, except in any county with a charter form of government with more than one million inhabitants the county assessor shall not maintain blueprints and shall not post them on the office’s website but may maintain sketches and diagrams of improvements and post them on the office’s website”.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 680.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HB 684, entitled:

            An act to authorize the conveyance of certain state properties, with an emergency clause.

            With Senate Amendment No. 1.

Senate Amendment No. 1

AMEND Senate Committee Substitute for House Bill No. 684, Page 11, Section 7.4, Line 55, by striking the word “health” from said line and inserting in lieu thereof “retardation and developmental disabilities”.

            Emergency clause adopted.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 795, entitled:

            An act to repeal sections 67.1360, 67.2500, 67.2510, 89.010, 89.400, and 94.837, RSMo, and section 67.2505 as enacted by conference committee substitute for senate substitute for senate committee substitute for house committee substitute for house bill nos. 795, 972, 1128 & 1161 merged with house substitute for senate committee substitute for senate bill no. 1155, ninety-second general assembly, second regular session, and section 67.2505, as enacted by senate substitute for senate committee substitute for house committee substitute for house bill no. 833 merged with house committee substitute for senate substitute for senate bill no. 732, ninety-second general assembly, second regular session, and to enact in lieu thereof eight new sections relating to local public improvements.

            With Senate Amendment No. 1, Senate Amendment No. 2, Senate Amendment No. 3 and Senate Amendment No. 4.

Senate Amendment No. 1

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 795, Page 16, Section 89.400, Line 29, by inserting after all of 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, which operations are defined to include, but not be limited to, 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, including hiring more police officers, prosecuting more criminals, nuisance crimes, and problem properties?

                                                         □ 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."; and

              Further amend the title and enacting clause accordingly.

Senate Amendment No. 2

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 795, Page 17, Section 94.837, Line 40, by inserting immediately after said line the following:

              "479.010. Violations of municipal ordinances shall be [tried] heard and determined only before divisions of the circuit court as hereinafter provided in this chapter. "Heard and determined", for purposes of this chapter, shall mean any process under which the court in question retains the final authority to make factual determinations pertaining to allegations of a municipal ordinance violation, including, but not limited to, the use of a system of administrative adjudication as provided in section 479.011, preliminary to a determination by appeal to the court in question.

              479.011. 1. Any city not within a county or any home rule city with more than four hundred thousand inhabitants and located in more than one county may establish, by order or ordinance, an administrative system for adjudicating parking and other civil, nonmoving municipal code violations consistent with applicable state law. Such administrative adjudication system shall be subject to practice, procedure, and pleading rules established by the state supreme court, circuit court, or municipal court. This section shall not be construed to affect the validity of other administrative adjudication systems authorized by state law and created before August 28, 2004.

              2. The order or ordinance creating the administrative adjudication system shall designate the administrative tribunal and its jurisdiction, including the code violations to be reviewed. The administrative tribunal may operate under the supervision of the municipal court, parking commission, or other entity designated by order or ordinance and in a manner consistent with state law. The administrative tribunal shall adopt policies and procedures for administrative hearings, and filing and notification requirements for appeals to the municipal or circuit court, subject to the approval of the municipal or circuit court.

              3. The administrative adjudication process authorized in this section shall ensure a fair and impartial review of contested municipal code violations, and shall afford the parties due process of law. The formal rules of evidence shall not apply in any administrative review or hearing authorized in this section. Evidence, including hearsay, may be admitted only if it is the type of evidence commonly relied upon by reasonably prudent persons in the conduct of their affairs. The code violation notice, property record, and related documentation in the proper form, or a copy thereof, shall be prima facie evidence of the municipal code violation. The officer who issued the code violation citation need not be present.

              4. An administrative tribunal may not impose incarceration or any fine in excess of the amount allowed by law. Any sanction, fine or costs, or part of any fine, other sanction, or costs, remaining unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures under chapter 536, RSMo, shall be a debt due and owing the city, and may be collected in accordance with applicable law.

              5. Any final decision or disposition of a code violation by an administrative tribunal shall constitute a final determination for purposes of judicial review[,] . Such determination is subject to review under chapter 536, RSMo, or, at the request of the defendant made within ten days, a trial de novo in the circuit court. After expiration of the judicial review period under chapter 536, RSMo, unless stayed by a court of competent jurisdiction, the administrative tribunal's decisions, findings, rules, and orders may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. Upon being recorded in the manner required by state law or the uniform commercial code, a lien may be imposed on the real or personal property of any defendant entering a plea of nolo contendere, pleading guilty to, or found guilty of a municipal code violation in the amount of any debt due the city under this section and enforced in the same manner as a judgment lien under a judgment of a court of competent jurisdiction."; and

              Further amend the title and enacting clause accordingly.

Senate Amendment No. 3

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 795, Page 17, Section 94.837, Line 40, by inserting immediately after all of said line the following:

              "247.060. 1. The management of the business and affairs of the district is hereby vested in a board of directors, who shall have all the powers conferred upon the district except as herein otherwise provided, who shall serve without pay. It shall be composed of five members, each of whom shall be a voter of the district and shall have resided in said district one whole year immediately prior to his election. A member shall be at least twenty-five years of age and shall not be delinquent in the payment of taxes at the time of his election. Except as provided in subsection 2 of this section, the term of office of a member of the board shall be three years. The remaining members of the board shall appoint a qualified person to fill any vacancy on the board. If no qualified person who lives in the subdistrict for which there is a vacancy is willing to serve on the board, the board may appoint an otherwise qualified person, who lives in the district but not in the subdistrict in which the vacancy exists to fill such vacancy.

              2. After notification by certified mail that he or she has two consecutive unexcused absences, any member of the board failing to attend the meetings of the board for three consecutive regular meetings, unless excused by the board for reasons satisfactory to the board, shall be deemed to have vacated the seat, and the secretary of the board shall certify that fact to the board. The vacancy shall be filled as other vacancies occurring in the board.

              3. The initial members of the board shall be appointed by the circuit court and one shall serve until the immediately following first Tuesday after the first Monday in June, two shall serve until the first Tuesday after the first Monday in June on the second year following their appointment and the remaining appointees shall serve until the first Tuesday after the first Monday in June on the third year following their appointment. On the expiration of such terms and on the expiration of any subsequent term, elections shall be held as otherwise provided by law, and such elections shall be held in April pursuant to section 247.180.

              4. In 2008, 2009, and 2010, directors elected in such years shall serve from the first Tuesday after the first Monday in June until the first Tuesday in April of the third year following the year of their election. All directors elected thereafter shall serve from the first Tuesday in April until the first Tuesday in April of the third year following the year of their election."; and

              Further amend the title and enacting clause accordingly.

Senate Amendment No. 4

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 795, Page 6, Section 67.997, Line 156, by inserting immediately after all of said line the following:

              "67.1000. 1. The governing body of any county or of any city which is the county seat of any county or which now or hereafter has a population of more than three thousand five hundred inhabitants and which has heretofore been authorized by the general assembly, or of any other city which has a population of more than eighteen thousand and less than forty-five thousand inhabitants located in a county of the first classification with a population over two hundred thousand adjacent to a county of the first classification with a population over nine hundred thousand, may impose a tax on the charges for all sleeping rooms paid by the transient guests of hotels or motels situated in the city or county, which shall be not more than five percent per occupied room per night, except that such tax shall not become effective unless the governing body of the city or county submits to the voters of the city or county at an election permitted under section 115.123, RSMo, a proposal to authorize the governing body of the city or county to impose a tax under the provisions of this section and section 67.1002. The tax authorized by this section and section 67.1002 shall be in addition to the charge for the sleeping room and shall be in addition to any and all taxes imposed by law and the proceeds of such tax shall be used by the city or county solely for funding a convention and visitors bureau which shall be a general not-for-profit organization with whom the city or county has contracted, and which is established for the purpose of promoting the city or county as a convention, visitor and tourist center. Such tax shall be stated separately from all other charges and taxes.

              2. In any county of the third classification without a township form of government and with more than forty-one thousand one hundred but fewer than forty-one thousand two hundred inhabitants, "transient guests", as used in this section and section 67.1002, means a person or persons who occupy a room or rooms in a hotel or motel for ninety days or less during any calendar quarter."; and

              Further amend the title and enacting clause accordingly.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SCS SB 64, as amended, and requests the House to recede from its position and, failing to do so, grant the Senate a conference thereon.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SB 81, as amended, and requests the House to recede from its position and, failing to do so, grant the Senate a conference thereon.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SCS SB 198, and requests the House to recede from its position and, failing to do so, grant the Senate a conference thereon.

APPOINTMENT OF CONFERENCE COMMITTEES

            The Speaker appointed the following Conference Committees to act with like Committees from the Senate on the following bills:

SCS HB 1: Representatives Icet, Robb, Stevenson, Donnelly and LeVota

SCS HCS HB 2: Representatives Icet, Robb, Stevenson, LeVota and Bringer

SCS HCS HB 3: Representatives Icet, Robb, Stevenson, Bringer and Lampe

SCS HCS HB 4: Representatives Icet, Robb, Stevenson, Storch and Hughes

SCS HCS HB 5: Representatives Icet, Robb, Stevenson, Donnelly and Hughes

SCS HCS HB 6: Representatives Icet, Robb, Stevenson, Whorton and Harris (110)

SCS HCS HB 7: Representatives Icet, Robb, Stevenson, Storch and Wright-Jones

SCS HCS HB 8: Representatives Icet, Robb, Stevenson, Wildberger and Roorda

SCS HCS HB 9: Representatives Icet, Robb, Stevenson, Wildberger and Nasheed

SCS HCS HB 10: Representatives Icet, Robb, Stevenson, Donnelly and Curls

SCS HCS HB 11: Representatives Icet, Robb, Stevenson, Donnelly and Baker (25)

SCS HCS HB 12: Representatives Icet, Robb, Stevenson, Donnelly and LeVota

SCS HCS HB 13: Representatives Icet, Robb, Stevenson, Donnelly and LeVota

RE-REFERRAL OF SENATE BILL

            The following Senate Bill was re-referred to the Committee indicated:

SS SCS SB 668 - Special Committee on Workforce Development and Workplace Safety

CONFERENCE COMMITTEE REPORT

ON

HOUSE COMMITTEE SUBSTITUTE

FOR

SENATE BILL NO. 376

            The Conference Committee appointed on House Committee Substitute for Senate Bill No. 376, begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

            1. That the House recede from its position on House Committee Substitute for Senate             Bill No. 376;

            2. That the Senate recede from its position on Senate Bill No. 376;

            3. That the attached Conference Committee Substitute for House Committee Substitute             for Senate Bill No. 376, be Third Read and Finally Passed.

            FOR THE SENATE:                                      FOR THE HOUSE:

            /s/ John Griesheimer                                       /s/ Dennis Wood

            /s/ Gary Nodler                                               /s/ Shannon Cooper

            /s/ Jack Goodman                                           /s/ Steven Tilley

            /s/ Victor Callahan                                          /s/ Joe Aull

            /s/ Harry Kennedy                                          /s/ Sara Lampe

            The following member's presence was noted: Cooper (155).

ADJOURNMENT

            On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Tuesday, May 1, 2007.

COMMITTEE MEETINGS

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Tuesday, May 1, 2007, 8:00 a.m. Hearing Room 3.

Review of Department of Natural Resources performance measures.

CONFERENCE COMMITTEE - APPROPRIATIONS

Wednesday, May 2, 2007, 8:00 a.m. Senate Lounge.

Executive session may follow.

Public hearings to be held on: SCS HB 1, SCS HCS HB 2, SCS HCS HB 3,

SCS HCS HB 4, SCS HCS HB 5, SCS HCS HB 6, SCS HCS HB 7, SCS HCS HB 8,

SCS HCS HB 9, SCS HCS HB 10, SCS HCS HB 11, SCS HCS HB 12, SCS HCS HB 13

CONFERENCE COMMITTEE - APPROPRIATIONS

Thursday, May 3, 2007, 8:00 a.m. Senate Lounge.

Executive session may follow.

Public hearings to be held on: SCS HB 1, SCS HCS HB 2, SCS HCS HB 3,

SCS HCS HB 4, SCS HCS HB 5, SCS HCS HB 6, SCS HCS HB 7, SCS HCS HB 8,

SCS HCS HB 9, SCS HCS HB 10, SCS HCS HB 11, SCS HCS HB 12, SCS HCS HB 13

CONFERENCE COMMITTEE - APPROPRIATIONS

Friday, May 4, 2007, 8:00 a.m. Senate Lounge.

Executive session may follow.

Public hearings to be held on: SCS HB 1, SCS HCS HB 2, SCS HCS HB 3,

SCS HCS HB 4, SCS HCS HB 5, SCS HCS HB 6, SCS HCS HB 7, SCS HCS HB 8,

SCS HCS HB 9, SCS HCS HB 10, SCS HCS HB 11, SCS HCS HB 12, SCS HCS HB 13

CONFERENCE COMMITTEE NOTICE

Tuesday, May 1, 2007, Hearing Room 3 upon afternoon recess or 12:00 p.m. AMENDED

Public hearing to be held on: SS SCS HCS HB 327

CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, May 1, 2007, 12:00 p.m. Hearing Room 6.

Executive session may follow.

Public hearing to be held on: SS SCS SB 429

ELEMENTARY AND SECONDARY EDUCATION

Tuesday, May 8, 2007, Hearing Room 3 upon afternoon adjournment.

Executive session may follow.

Public hearing to be held on: HB 1232

HEALTH CARE POLICY

Tuesday, May 1, 2007, 12:00 p.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: SS SCS SB 85, SCS SB 530

HIGHER EDUCATION

Tuesday, May 1, 2007, 8:00 a.m. Hearing Room 5.

Executive session may follow.

Public hearing to be held on: SS#6 SCS SB 389

JUDICIARY

Tuesday, May 1, 2007, 12:00 p.m. Hearing Room 1.

Executive session may follow.

Public hearings to be held on: SCS SB 368, SB 516

LOCAL GOVERNMENT

Tuesday, May 1, 2007, 8:00 a.m. Hearing Room 6.

Executive session may follow. AMENDED

Public hearings to be held on: HB 701, SB 130, SCS SB 299, SB 345,

SB 510, SS SCS SB 21, SB 671, SS SCS SB 616

SPECIAL COMMITTEE ON AGRI-BUSINESS

Tuesday, May 1, 2007, 8:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearing to be held on: SS#2 SCS SB 204

SPECIAL COMMITTEE ON ENERGY AND ENVIRONMENT

Tuesday, May 1, 2007, 1:00 p.m. Hearing Room 7.

Executive session may follow.

Public hearing to be held on: HB 968

SPECIAL COMMITTEE ON FAMILY SERVICES

Wednesday, May 2, 2007, 8:00 a.m. Hearing Room 1.

Executive session may follow.

Public hearing to be held on: SB 323

SPECIAL COMMITTEE ON GENERAL LAWS

Wednesday, May 2, 2007, 8:30 a.m. Hearing Room 7.

Executive session may follow.

Public hearing to be held on: SB 478

SPECIAL COMMITTEE ON HEALTHCARE FACILITIES

Tuesday, May 1, 2007, Hearing Room 6 upon afternoon adjournment.

A draft HCS will be considered.

For further information, please contact rob.schaaf@house.mo.gov.

Executive session may follow.

Public hearing to be held on: SS SCS SB 577

SPECIAL COMMITTEE ON HEALTHCARE FACILITIES

Wednesday, May 2, 2007, upon morning recess. To Be Announced.

A draft HCS will be considered.

For further information, please contact rob.schaaf@house.mo.gov.

Meeting may be continued upon afternoon adjournment.

Executive session may follow.

Public hearing to be held on: SS SCS SB 577

SPECIAL COMMITTEE ON TAX REFORM

Tuesday, May 1, 2007, 12:00 p.m. Hearing Room 4.

Executive session.

SPECIAL COMMITTEE ON UTILITIES

Wednesday, May 2, 2007, 12:00 p.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HB 1164, SS SCS SBs 49, 65, 210 & 251, SS SB 40

TRANSPORTATION

Tuesday, May 1, 2007, 9:00 a.m. Hearing Room 1.

Executive session may follow. AMENDED

Public hearings to be held on: SS SB 358, SCS SB 226

HOUSE CALENDAR

SIXTY-SIXTH DAY, TUESDAY, MAY 1, 2007

HOUSE JOINT RESOLUTIONS FOR PERFECTION

1          HJR 21 - Cooper (120)

2          HCS HJR 9 - Dethrow

3          HJR 6 - Bruns

4          HCS HJR 20 - Bearden

HOUSE BILLS FOR PERFECTION

1          HCS HB 90, HA 1, pending - St. Onge

2          HCS HB 889 - Emery

3          HCS HB 111, as amended, HA 2, pending - Cunningham (145)

4          HCS HB 466 - Schaaf

5          HCS HB 771 - Bearden

6          HCS HBs 180, 396 & 615 - Day

7          HCS HB 238 - Yates

8          HB 360, HSA 1 for HA 1, HA 1, pending - Robb

9          HCS HB 788 - Cooper (155)

10        HCS HB 218 - Stevenson

11        HCS HB 811 - Schad

12        HB 412 - Emery

13        HB 432 - Schaaf

14        HCS HB 699 - Tilley

15        HCS HB 768 - St. Onge

16        HCS HB 122 - Nance

17        HCS HB 487 - Cooper (120)

18        HCS HB 493 - Baker (123)

19        HCS HB 512 - Pratt

20        HCS HB 261, as amended - Yates

21        HB 746 - Franz

22        HB 882 - Page

23        HCS HB 1002 - Fisher

24        HCS HB 124 - Nance

25        HCS HB 765, HA 1, pending - Dempsey

26        HCS HBs 807 & 690 - Baker (123)

27        HCS HB 121 - Nance

28        HB 249 - Moore

29        HCS HB 252 - Robb

30        HCS HB 417 - Cunningham (86)

31        HCS HB 478 - Dethrow

32        HCS HB 490 - Baker (123)

33        HCS HB 508 - Schaaf

34        HCS HB 709 - Dethrow

35        HB 821 - Onder

36        HCS HB 995 - Hobbs

37        HCS#2 HB 85 - Kraus

38        HCS HB 399 - Walton

39        HCS HB 624 - Wilson (119)

40        HCS#2 HB 752 - Sutherland

41        HCS HB 1000 - Storch

42        HCS HB 1044 - Deeken

43        HCS HB 244 - Wells

44        HCS HB 587 - Tilley

45        HCS HB 628 - Loehner

46        HCS HB 629 - Hunter

47        HCS HB 872 - Cooper (158)

48        HCS HB 913 - Cooper (120)

49        HB 932 - Grill

50        HCS HB 1089 - Stevenson

51        HCS HB 347 - Munzlinger

52        HB 439 - Hunter

53        HCS HB 630 - Schlottach

54        HB 646 - Young

55        HCS HB 919 - Schneider

56        HCS HB 944 - Cooper (120)

57        HCS HB 1264 - Page

58        HB 758 - Brown (50)

59        HCS HB 425 - Pearce

60        HCS HB 429 - Jones (117)

61        HCS HB 716 - Davis

62        HCS HB 95 - Sater

63        HB 479 - Darrough

64        HB 733 - Page

65        HCS HB 769 - Bruns

66        HCS HB 802 - Page

67        HB 1155 - Wright-Jones

68        HCS HB 442 - Kingery

69        HB 727 - Portwood

70        HB 888 - Grisamore

71        HCS HB 923 - Kratky

72        HB 1251 - Komo

73        HCS HB 331 - Lipke

74        HCS#2 HB 735 - Cooper (158)

75        HCS HB 833 - Wasson

76        HB 1104 - Hughes

HOUSE BILL FOR PERFECTION - INFORMAL

HB 61 - Ruestman

HOUSE CONCURRENT RESOLUTION FOR THIRD READING

HCR 49, (4-23-07, Pages 1277-1278) - Portwood

HOUSE BILL FOR THIRD READING

HCS HBs 365, 804 & 805, (Fiscal Review 4-03-07) - Ervin

HOUSE BILL FOR THIRD READING - CONSENT

HB 910 - Fares

HOUSE CONCURRENT RESOLUTIONS

1          HCR 28, (2-27-07, Pages 438-439) - Walton

2          HCS HCR 21, (3-29-07, Pages 852-853) - Dethrow

3          HCR 33, (3-30-07, Pages 872-873) - Guest

4          HCR 43, (4-12-07, Pages 1081-1082) - Page

5          HCS HCR 26, (3-14-07, Pages 686-688) - El-Amin

6          HCR 54, (4-18-07, Pages 1202-1203) - Sutherland

7          HCR 38, (4-19-07, Page 1248) - Wright

SENATE BILLS FOR THIRD READING - CONSENT

1          HCS SCS SB 272 - Wasson

2          SB 407 - Deeken

3          HCS SB 322 - Cooper (158)

4          HCS SB 166 - Wood

5          SB 172 - Flook

6          HCS SB 270 - Jones (117)

7          HCS SCS SB 288, SB 152 & SCS SB 115, E.C. - Robinson

8          SB 298 - Schaaf

9          SCS SB 397 - Schaaf

10        HCS SB 127 - Schlottach

SENATE BILLS FOR THIRD READING

1          HCS#2 SB 406, HA 1 to HA 1, HA 1, pending - Wallace

2          HCS SB 416 - Pratt

3          SCS SB 302 - Pratt

4          SCS SB 46 - Grisamore

5          HCS SB 84 - Franz

6          SCS SB 91 - St. Onge

7          SB 135 - Kingery

8          HCS SCS SB 232 - Cooper (158)

9          HCS SCS SB 384, E.C. - Daus

10        HCS SCS SB 520 - Hunter

11        SB 352 - Ruzicka

12        HCS SCS SBs 62 & 41 - Ruestman

13        HCS SCS SB 82, (Fiscal Review 4-24-07) - Tilley   (90 minute debate on Third Reading)

14        HCS SB 593 & SCS SB 594 - May

15        SB 648 - Kelly

16        HCS SB 666 - Grill

17        HCS SCS SB 156, (Fiscal Review 4-26-07) E.C. - Quinn (7)           (90 minute debate on

                                                                                                                         Third Reading)

18        HCS SS SCS SB 320 - Quinn (7)

19        SCS SB 418, (Fiscal Review 4-26-07) - Weter

20        SB 513 - Wasson

SENATE BILL FOR THIRD READING - REVISION

HCS SRB 613 - Wasson

HOUSE BILLS WITH SENATE AMENDMENTS

1          SS SCS HCS HB 16 - Icet

2          HB 56, SA 1 - Sater

3          HB 574, SA 1, SA 3, E.C. - St. Onge

4          HCS HB 616, SA 1 - Wood

5          SCS HB 684, as amended, E.C. - Bruns

6          SS HB 665, as amended - Ervin

7          SCS HCS HB 795, as amended - Flook

8          SCS HCS HB 18 - Icet

9          SCS HCS HB 426 - Parson

BILLS CARRYING REQUEST MESSAGES

1          HCS SCS SB 64, as amended (request House recede/grant conference), E.C. - Wallace

2          HCS SB 81, as amended (request House recede/grant conference), E.C. - Schlottach

3          HCS SCS SB 198, (request House recede/grant conference) - Pollock

BILLS IN CONFERENCE

1          SS SCS HCS HB 327, E.C. - Richard

2          CCR HCS SB 376, as amended, E.C. - Wood

3          HCS SB 30, as amended - Stevenson

4          HCS SCS SB 308, as amended - Wasson

5          SB 233, HA 1, HA 2, HA 3, HA 4, HA 5 - Stevenson

6          SCS HB 1 - Icet

7          SCS HCS HB 2 - Icet

8          SCS HCS HB 3 - Icet

9          SCS HCS HB 4 - Icet

10        SCS HCS HB 5 - Icet

11        SCS HCS HB 6 - Icet

12        SCS HCS HB 7 - Icet

13        SCS HCS HB 8 - Icet

14        SCS HCS HB 9 - Icet

15        SCS HCS HB 10 - Icet

16        SCS HCS HB 11, as amended - Icet

17        SCS HCS HB 12 - Icet

18        SCS HCS HB 13 - Icet

SENATE CONCURRENT RESOLUTIONS

1          SCR 18, (3-12-07, Page 892) - Deeken

2          SCS SCR 5, (3-01-07, Page 529) - Threlkeld

HOUSE RESOLUTION

HR 1678, (4-12-07, Page 1076) - Jones (117)