Journal of the House

First Regular Session, 94th General Assembly

SIXTY-SIXTH DAY, Tuesday, May 1, 2007

The House met pursuant to adjournment.

            Representative Dixon in the Chair.

            Prayer by Msgr. Donald W. Lammers.

              In 1958, forty-nine years ago, May 1^st was proclaimed Law Day in the United States.

              Almighty God, You have revealed Your law to humankind, teaching us how to live in peace with You, and how to live in peace and justice with each other on earth.

              You guided our forefathers in forming the United States of America as a nation of laws, which allows us to live together in peace and prosperity.

              Almighty God, on this Law Day, we are conscious of the dignity of our work in creating laws, laws that help all the people of our State live together in peace and prosperity. By Your grace help us in our work, so that the human laws we help create are always in harmony with Your divine law. For You are our God forever and ever. Amen.

            The Pledge of Allegiance to the flag was recited.

            The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Amina Zuna, John Broughton, Sandy Chesterton, Scotty Franc, Jackson Bates, Sarah Becker, Desiree Smith, Dalton Stockton, Emma Dyer, Hannah Brobst, Ryan Myers, Nathan Pence and Mary Claire.

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

THIRD READING OF SENATE BILLS

            HCS SB 416, relating to adverse possession of certain lands, was taken up by Representative Pratt.

            Representative Harris (110) offered House Amendment No. 1.

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

            Representative Dixon requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            Representative Kuessner offered House Amendment No. 2.

            Representative Jones (89) raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.

            Representative Dixon requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            On motion of Representative Pratt, HCS SB 416 was adopted.

            On motion of Representative Pratt, HCS SB 416 was read the third time and passed by the following vote:

            Representative Dixon declared the bill passed.

            SCS SB 302, relating to statutory liens against real estate, was taken up by Representative Pratt.

            Representative Pratt offered House Amendment No. 1.

House Amendment No. 1

AMEND Senate Committee Substitute for Senate Bill No. 302, Page 1, Section 429.010, Lines 2-4, by striking all of said lines and inserting in lieu thereof the following:

              "land, rent any machinery or equipment, or use any rental machinery or equipment, or furnish any material, fixtures, engine,"; and

              Further amend said substitute, Page 1, Section 429.010, Line 10, by deleting the words "at whatever tier,"; and

              Further amend said substitute, Page 2, Section 429.010, Lines 36-37, by deleting all of said lines and inserting in lieu thereof the following:

              "person. For claims involving the rental of machinery or equipment to others who use the rental machinery or equipment, the lien shall be for the reasonable"; and

              Further amend said substitute, Page 2, Section 429.010, Line 42, by deleting all of said line and inserting in lieu thereof the following:

              "unless:"; and

              Further amend said substitute, Page 2, Section 429.010, Lines 50-52, by deleting all of said lines and inserting in lieu thereof the following:

              "equipment being rented, and the rental rate. Nothing contained in subsection 2 of this section shall apply to persons who use rented machinery or equipment in performing the work or labor described in subsection 1 of this section."; and

              Further amend said substitute, Page 3, Section 429.080, Lines 6-7, by deleting all of said lines and inserting in lieu thereof the following:

              "rental equipment or machinery rented to others, then, within sixty days after the date the last of the rental"; and

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

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

            On motion of Representative Pratt, SCS SB 302, as amended, was read the third time and passed by the following vote:

            Representative Dixon declared the bill passed.

            SCS SB 46, relating to a Faith-Based Organization Liaison Act, was taken up by Representative Grisamore.

            Representative Oxford offered House Amendment No. 1.

House Amendment No. 1

AMEND Senate Committee Substitute for Senate Bill No. 46, Page 1, in the Title, by inserting after the word “based” the words “and community”; and

              Further amend said section, Page 1, Line 2, by inserting before the word “Organization” the words “and Community”; and

              Further amend said bill, Section 660.750, Page 1, Line 5, by inserting after the word “faith-based” the words “and community”; and

              Further amend said section, Page 1, Line 8, by inserting after the word “faith-based” the words “and community”; and

              Further amend said section, Page 1, Line 12, by inserting after the word “faith-based” the words “and community”; and

              Further amend said section, Page 1, Line 15, by inserting after the word “faith-based” the words “and community”; and

              Further amend said section, Page 1, Line 17, by inserting after the word “faith-based” the words “and community”; and

              Further amend said section, Page 2, Line 22, by inserting after the word “faith-based” the words “and community”; and

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

            Representative Oxford moved that House Amendment No. 1 be adopted.

            Which motion was defeated.

            SCS SB 46 was laid over.

            Speaker Jetton assumed the Chair.

APPOINTMENT OF CONFERENCE COMMITTEES

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

SB 233: Representatives Stevenson, Tilley, Nolte, Holsman and Zweifel

HCS SCS SB 308: Representatives Wasson, Parson, Tilley, Page and McClanahan

MESSAGES FROM THE SENATE

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 17, entitled:

            An act to appropriate money for capital improvement and other purposes for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, from the funds herein designated for the period beginning July 1, 2007 and ending June 30, 2009.

            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 264.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 554.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HCS HB 555.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SB 25, as amended, and requests the House to recede from its position and, failing to do so, grant the Senate a conference thereon.

            On motion of Representative Dempsey, the House recessed until 2:00 p.m.

AFTERNOON SESSION

            The hour of recess having expired, the House was called to order by Representative Muschany.

            The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Callie Hatch, Jasmina Murtic, Emina Memic and Nick Fogle.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 2826 through House Resolution No. 2974

THIRD READING OF SENATE BILL

            HCS SCS SBs 62 & 41, relating to the defensive use of force and firearms, was taken up by Representative Ruestmann.

            Representative Jones (89) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 62 & 41, Page 3, Section 563.058, Lines 1 through 3, by deleting all of said lines and inserting in lieu thereof the following:

              "563.058. 1. A person who uses force as described in sections 563.031, 563.041, 563.046, 563.051, 563.056, and 563.061 is justified in using such force and such fact shall be an absolute defense to criminal prosecution or civil liability, unless the person against whom"; and

              Further amend said section, Page 3, Lines 7 through 9, by deleting all of the following sentence:

              "As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant."; and

              Further amend said bill, Page 4, Section 571.030, Line 33, by inserting after the word, "jurisdiction," the following, "or all qualified retired peace officers, as defined in subsection 10 of this section, and who carry the identification required by subsection 11 of this section,"; and

              Further amend said section, Page 6, Line 97, by inserting after all of said line the following:

              "10. As used in this section "qualified retired peace officer" means an individual who:

              (1) Retired in good standing from service with a public agency as a peace officer, other than for reasons of mental instability;

              (2) Before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;

              (3) Before such retirement, was regularly employed as a peace officer for an aggregate of fifteen years or more; or retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;

              (4) Has a nonforfeitable right to benefits under the retirement plan of the agency;

              (5) During the most recent twelve-month period, has met, at the expense of the individual, the standards for training and qualification for active peace officers to carry firearms;

              (6) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

              (7) Is not prohibited by federal law from receiving a firearm.

              11. The identification required by this subsection is:

              (1) A photographic identification issued by the agency from which the individual retired from service as a peace officer that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the standards established by the agency for training and qualification for active peace officers to carry a firearm of the same type as the concealed firearm; or

              (2) A photographic identification issued by the agency from which the individual retired from service as a peace officer; and

              (3) A certification issued by the state in which the individual resides that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the state to meet the standards established by the state for training and qualification for active peace officers to carry a firearm of the same type as the concealed firearm."; and

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

            Representative Whorton offered House Amendment No. 1 to House Amendment No. 1.

House Amendment No. 1

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 62 & 41, Page 2, Section (3), Line 26, after said line add:

              "Also such certification shall be extended to persons who have served six years, or longer as an elected member of the Missouri General Assembly."; and

              Further amend said bill by enacting clause accordingly.

            Representative Whorton moved that House Amendment No. 1 to House Amendment No. 1 be adopted.

            Which motion was defeated.

            Representative Talboy offered House Amendment No. 2 to House Amendment No. 1.

House Amendment No. 2

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 62 & 41, Page 1, Line 5, by deleting from said line the word "absolute" and inserting in lieu thereof the word "affirmative"; and

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

            On motion of Representative Talboy, House Amendment No. 2 to House Amendment No. 1 was adopted.

            On motion of Representative Jones (89), House Amendment No. 1, as amended, was adopted.

            Representative Munzlinger offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 62 & 41, Section 571.111, Page 9, Line 75, by inserting immediately after said line the following:

              "630.140. 1. Information and records compiled, obtained, prepared or maintained by the residential facility, day program operated, funded or licensed by the department or otherwise, specialized service, or by any mental health facility or mental health program in which people may be civilly detained pursuant to chapter 632, RSMo, in the course of providing services to either voluntary or involuntary patients, residents or clients shall be confidential.

              2. The facilities or programs shall disclose information and records including medication given, dosage levels, and individual ordering such medication to the following upon their request:

              (1) The parent of a minor patient, resident or client;

              (2) The guardian or other person having legal custody of the patient, resident or client;

              (3) The attorney of a patient, resident or client who is a ward of the juvenile court, an alleged incompetent, an incompetent ward or a person detained under chapter 632, RSMo, as evidenced by court orders of the attorney's appointment;

              (4) An attorney or personal physician as authorized by the patient, resident or client;

              (5) Law enforcement officers and agencies, information about patients, residents or clients committed pursuant to chapter 552, RSMo, but only to the extent necessary to carry out the responsibilities of their office, and all such law enforcement officers shall be obligated to keep such information confidential;

              (6) The entity or agency authorized to implement a system to protect and advocate the rights of persons with developmental disabilities under the provisions of 42 U.S.C. Sections 15042 to 15044. The entity or agency shall be able to obtain access to the records of a person with developmental disabilities who is a client of the entity or agency if such person has authorized the entity or agency to have such access; and the records of any person with developmental disabilities who, by reason of mental or physical condition is unable to authorize the entity or agency to have such access, if such person does not have a legal guardian, conservator or other legal representative, and a complaint has been received by the entity or agency with respect to such person or there is probable cause to believe that such person has been subject to abuse or neglect. The entity or agency obtaining access to a person's records shall meet all requirements for confidentiality as set out in this section;

              (7) The entity or agency authorized to implement a system to protect and advocate the rights of persons with mental illness under the provisions of 42 U.S.C. 10801 shall be able to obtain access to the records of a patient, resident or client who by reason of mental or physical condition is unable to authorize the system to have such access, who does not have a legal guardian, conservator or other legal representative and with respect to whom a complaint has been received by the system or there is probable cause to believe that such individual has been subject to abuse or neglect. The entity or agency obtaining access to a person's records shall meet all requirements for confidentiality as set out in this section. The provisions of this subdivision shall apply to a person who has a significant mental illness or impairment as determined by a mental health professional qualified under the laws and regulations of the state;

              (8) To mental health coordinators, but only to the extent necessary to carry out their duties under chapter 632, RSMo.

              3. The facilities or services may disclose information and records under any of the following:

              (1) As authorized by the patient, resident or client;

              (2) To persons or agencies responsible for providing health care services to such patients, residents or clients;

              (3) To the extent necessary for a recipient to make a claim or for a claim to be made on behalf of a recipient for aid or insurance;

              (4) To qualified personnel for the purpose of conducting scientific research, management audits, financial audits, program evaluations or similar studies; provided, that such personnel shall not identify, directly or indirectly, any individual patient, resident or client in any report of such research, audit or evaluation, or otherwise disclose patient, resident or client identities in any manner;

              (5) To the courts as necessary for the administration of chapter 211, RSMo, 475, RSMo, 552, RSMo, or 632, RSMo;

              (6) To law enforcement officers or public health officers, but only to the extent necessary to carry out the responsibilities of their office, and all such law enforcement and public health officers shall be obligated to keep such information confidential;

              (7) Pursuant to an order of a court or administrative agency of competent jurisdiction;

              (8) To the attorney representing petitioners, but only to the extent necessary to carry out their duties under chapter 632, RSMo;

              (9) To the department of social services or the department of health and senior services as necessary to report or have investigated abuse, neglect, or rights violations of patients, residents, or clients;

              (10) To a county board established pursuant to sections 205.968 to 205.972, RSMo 1986, but only to the extent necessary to carry out their statutory responsibilities. The county board shall not identify, directly or indirectly, any individual patient, resident or client;

              (11) To parents, legal guardians, treatment professionals, law enforcement officers, and other individuals who by having such information could mitigate the likelihood of a suicide. The facility treatment team shall have determined that the consumer's safety is at some level of risk.

              4. The facility or program shall document the dates, nature, purposes and recipients of any records disclosed under this section and sections 630.145 and 630.150.

              5. The records and files maintained in any court proceeding under chapter 632, RSMo, shall be confidential and available only to the patient, the patient's attorney, guardian, or, in the case of a minor, to a parent or other person having legal custody of the patient, [and] to the petitioner and the petitioner's attorney, and to the Missouri state highway patrol for reporting to the National Instant Criminal Background Check System (NICS). In addition, the court may order the release or use of such records or files only upon good cause shown, and the court may impose such restrictions as the court deems appropriate.

              6. Nothing contained in this chapter shall limit the rights of discovery in judicial or administrative procedures as otherwise provided for by statute or rule.

              7. The fact of admission of a voluntary or involuntary patient to a mental health facility under chapter 632, RSMo, may only be disclosed as specified in subsections 2 and 3 of this section."; and

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

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

            On motion of Representative Ruestman, HCS SCS SBs 62 & 41, as amended, was adopted.

            On motion of Representative Ruestman, HCS SCS SBs 62 & 41, as amended, was read the third time and passed by the following vote:

            Representative Muschany declared the bill passed.

            Representative Dixon resumed the Chair.

            Representative Muschany resumed the Chair.

MESSAGE 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 SB 376, as amended, and has taken up and passed CCS HCS SB 376.

            Emergency clause adopted.

BILL IN CONFERENCE

            CCR HCS SB 376, as amended, relating to financial impact on tourism, was taken up by Representative Wood.

            On motion of Representative Wood, CCR HCS SB 376, as amended, was adopted by the following vote:

            On motion of Representative Wood, CCS HCS SB 376 was truly agreed to and finally passed by the following vote:

            Representative Muschany declared the bill passed.

            The emergency clause was adopted by the following vote:

THIRD READING OF SENATE BILL

            HCS#2 SB 406, with House Amendment No. 1 to House Amendment No. 1 and House Amendment No. 1, pending, relating to employee benefit plans, was taken up by Representative Wallace.

            House Amendment No. 1 to House Amendment No. 1 was withdrawn.

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

House Substitute Amendment No. 1

for

House Amendment No. 1

AMEND House Committee Substitute No. 2 for Senate Bill No. 406, Page 2, Section 87.006, by inserting after all of said section the following:

              "103.080. 1. As used in this section, the following terms shall mean:

              (1) "Health savings account" or "account", shall have the same meaning ascribed to it as in 26 U.S.C. Section 223(d), as amended;

              (2) "High deductible health plan", a policy or contract of health insurance or health care plan that meets the criteria established in 26 U.S.C. Section 223(c)(2), as amended, and any regulations promulgated thereunder.

              2. Beginning with the open enrollment period for the 2008 plan year, the board shall offer to all qualified employees and participating public entities the option of receiving health care coverage through a high deductible health plan and the establishment of a health savings account. In no instance shall a qualified employee be required to enroll in a high deductible health plan with a deductible greater than the minimum allowed by law, however, a qualified employee shall have the option to enroll in a high deductible health plan up to the maximum allowed by law. The health savings account shall conform to the guidelines to be established by the Internal Revenue Service for the 2008 tax year but in no case shall a qualified employee be required to contribute more than the minimum amount allowed by law. A qualified employee may contribute up to the maximum allowed by law. In order for a qualified individual to obtain a high deductible health plan through the Missouri consolidated health care plan, such individual shall present evidence, in a manner prescribed by regulation, to the board that he or she has established a health savings account in compliance with 26 U.S.C. Section 223, and any amendments and regulations promulgated thereto.

              3. The board is authorized to promulgate rules and regulations for the administration and implementation of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid and void.

              4. The board shall issue a request for proposals from insurance carriers interested in offering a high deductible health plan in connection with a health savings account."; and

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

            Representative Dixon resumed the Chair.

            Representative Ervin offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 1.

House Amendment No. 1

to

House Substitute Amendment No. 1

for

House Amendment No. 1

AMEND House Substitute Amendment No. 1 for House Amendment No. 1 to House Committee Substitute No. 2 for Senate Bill No. 406, Page 1, Line 10, by inserting after the word, "employees" the following words, ", in addition to the plans currently offered including but not limited to health maintenance organization plans, preferred provider organization plans, copay plans,"; and

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

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

            On motion of Representative Portwood, House Substitute Amendment No 1. for House Amendment No 1, as amended, was adopted.

            Representative Schoeller offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute No. 2 for Senate Bill No. 406, Page 2, Section 87.006, by inserting after all of said section the following:

              "94.579. 1. The governing body of any home rule city with more than one hundred fifty-one thousand five hundred but fewer than one hundred fifty-one thousand six hundred inhabitants is hereby authorized to 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 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 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 ...... (up to one) 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 144.525, 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 ...... (up to one) 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. The governing body of any city that has adopted the sales tax authorized in this section shall submit the question of repeal of the tax to the voters every five years from the date of its inception on a 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 ...... (up to one) 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.

              8. 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.

              9. 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, Page 44, Section 105.683, Line 1, by inserting after the words, "Any plan," the following words, "other than a plan created pursuant to sections 169.010 through 169.141 or sections 169.600 through 169.715,"; and

              Further amend said section, Page 44, Line 3, by deleting the word, "three" and inserting in lieu thereof the word, "five"; and

              Further amend said section, Page 44, Line 4, by deleting the word, "three" and inserting in lieu thereof the word, "five"; and

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

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

            Representative Bivins offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute No. 2 for Senate Bill No. 406, Section 211.393, Page 72, Line 209, by inserting after all of said line the following:

              "321.220. For the purpose of providing fire protection to the property within the district, the district and, on its behalf, the board shall have the following powers, authority and privileges:

              (1) To have perpetual existence;

              (2) To have and use a corporate seal;

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

              (4) To enter into contracts, franchises and agreements with any person, partnership, association or corporation, public or private, affecting the affairs of the district, including contracts with any municipality, district or state, or the United States of America, and any of their agencies, political subdivisions or instrumentalities, for the planning, development, construction, acquisition or operation of any public improvement or facility, or for a common service relating to the control or prevention of fires, including the installation, operation and maintenance of water supply distribution, fire hydrant and fire alarm systems; provided, that a notice shall be published for bids on all construction or purchase contracts for work or material or both, outside the authority contained in subdivision (9) of this section, involving an expense of ten thousand dollars or more;

              (5) Upon approval of the voters as herein provided, to borrow money and incur indebtedness and evidence the same by certificates, notes or debentures, and to issue bonds, in accordance with the provisions of this chapter;

              (6) To acquire, construct, purchase, maintain, dispose of and encumber real and personal property, fire stations, fire protection and fire-fighting apparatus and auxiliary equipment therefor, and any interest therein, including leases and easements;

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

              (8) To have the management, control and supervision of all the business and affairs of the district, and the construction, installation, operation and maintenance of district improvements therein;

              (9) To hire and retain agents, employees, engineers and attorneys, including part-time or volunteer firemen;

              (10) To have and exercise the power of eminent domain and in the manner provided by law for the condemnation of private property for public use to take any property within the district necessary to the exercise of the powers herein granted;

              (11) To receive and accept by bequest, gift or donation any kind of property. Notwithstanding any other provision of law to the contrary, any property received by the fire protection district as a gift or any property purchased by the fire protection district at a price below the actual market value of the property may be returned to the donor or resold to the seller if such property is not used for the specific purpose for which it was acquired;

              (12) To adopt and amend bylaws, fire protection and fire prevention ordinances, and any other rules and regulations not in conflict with the constitution and laws of this state, necessary for the carrying on of the business, objects and affairs of the board and of the district, and refer to the proper authorities for prosecution any infraction thereof detrimental to the district. Any person violating any such ordinance is hereby declared to be guilty of a misdemeanor, and upon conviction thereof shall be punished as is provided by law therefor. The prosecuting attorney for the county in which the violation occurs shall prosecute such violations in the circuit court of that county. The legal officer or attorney for the fire district may be appointed by the prosecuting attorney as special assistant prosecuting attorney for the prosecution of any such violation. The enactments of the fire district in delegating administrative authority to officials of the district may provide standards of action for the administrative officials, which standards are declared as industrial codes adopted by nationally organized and recognized trade bodies. The board shall have the power to adopt an ordinance, rule, or regulation allowing the district to charge individuals who reside outside of the district, but who receive emergency services within the boundaries of the district, for the actual and reasonable cost of such services. However, such actual and reasonable costs shall not exceed one hundred dollars for responding to each fire call or alarm and two hundred fifty dollars for each hour or a proportional sum for each quarter hour spent in combating a fire or emergency;

              (13) To pay all court costs and expenses connected with the first election or any subsequent election in the district;

              (14) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted herein. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this chapter;

              (15) To provide for health, accident, disability and pension benefits for the salaried members of its organized fire department of the district and such other benefits for their spouses and eligible unemancipated children, through either or both a contributory or noncontributory plan. For purposes of this section, "eligible unemancipated child" means a natural or adopted child of an insured, or a stepchild of an insured who is domiciled with the insured, who is less than twenty-three years of age, who is not married, not employed on a full-time basis, not maintaining a separate residence except for full-time students in an accredited school or institution of higher learning, and who is dependent on parents or guardians for at least fifty percent of his or her support. The type and amount of such benefits shall be determined by the board of directors of the fire protection district within the level of available revenues of the pension program and other available revenues of the district. If an employee contributory plan is adopted, then [at least one voting member of the board of trustees shall be a member of the fire district elected by the contributing members, which shall not be the same as the board of directors] the employee contributory plan shall be administered by a separate pension board of trustees composed of five members, to be selected as follows: the pension plan participants shall nominate three such participants to be submitted to the board of directors; the board of directors shall appoint two of the three participants to serve on the five-member pension board of trustees; the board of directors shall be the other three members of the five-member pension board of trustees;

              (16) To contract with any municipality that is contiguous to a fire protection district for the fire protection district to provide fire protection to the municipality for a fee as hereinafter provided;

              (17) To provide for life insurance, accident, sickness, health, disability, annuity, length of service, pension, retirement and other employee-type fringe benefits, subject to the provisions of section 70.615, RSMo, for the volunteer members of any organized fire department of the district and such other benefits for their spouses and eligible unemancipated children, through either a contributory or noncontributory plan, or both. For purposes of this section, "eligible unemancipated child" means a natural or adopted child of an insured, or a stepchild of an insured who is domiciled with the insured, who is less than twenty-three years of age, who is not married, not employed on a full-time basis, not maintaining a separate residence except for full-time students in an accredited school or institution of higher learning, and who is dependent on parents or guardians for at least fifty percent of his or her support. The type and amount of such benefits shall be determined by the board of directors of the fire protection district within available revenues of the district, including the pension program of the district. The provision and receipt of such benefits shall not make the recipient an employee of the district. Directors who are also volunteer members may receive such benefits while serving as a director of the district;

              (18) To contract for services with any rural, volunteer or subscription fire department or organization, or volunteer fire protection association, as defined in section 320.300, RSMo, for the purpose of providing the benefits described in subdivision (17) of this section."; and

              Further amend said bill, Section 321.800, Page 72, Lines 1 through 7, by removing all of said section from the bill; and

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

            Representative Zimmerman raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

            Representative Dixon requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order not well taken.

            Representative Muschany resumed the Chair.

            Representative Roorda offered House Amendment No. 1 to House Amendment No. 3.

House Amendment No. 1

to

House Amendment No. 3

AMEND House Amendment No. 3 to House Committee Substitute No. 2 for Senate Bill No. 406, Page 3, Section 321.220, Line 29, by striking the word "nominate" and replace it with the word "elect"; and

              Further amend House Amendment No. 3 to House Committee Substitute No. 2 for Senate Bill No. 406, Page 4, Section 321.220, Lines 1 through 3, by striking all of said lines and replacing said lines with the following:

              "participants to serve on the five-member pension board; the board of directors shall elect from its membership the other two members of the five-member pension board of trustees;"; and

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

            Representative Roorda moved that House Amendment No. 1 to House Amendment No. 3 be adopted.

            Which motion was defeated.

            Representative Dixon resumed the Chair.

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            HCS#2 SB 406, as amended, with House Amendment No. 3, pending, was laid over.

            Speaker Jetton resumed the Chair.

SIGNING OF HOUSE BILL

            All other business of the House was suspended while HCS HB 405 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.

            Having been duly signed in open session of the Senate, HCS HB 405 was delivered to the Governor by the Chief Clerk of the House.

            Representative Dixon resumed the Chair.

THIRD READING OF SENATE BILLS

            HCS#2 SB 406, as amended, with House Amendment No. 3, pending, relating to employee benefit plans, was again taken up by Representative Wallace.

            Representative Bivins moved that House Amendment No. 3 be adopted.

            Which motion was defeated by the following vote: