Journal of the Senate
FIRST REGULAR SESSION
THIRTY-FIRST DAY—TUESDAY, MARCH 1, 2005
The Senate met pursuant to adjournment.
Senator Ridgeway in the Chair.
Reverend Carl Gauck offered the following prayer:
Gracious God, You created us with many abilities and talents different from each other so that together our gifts compliment and supplement each other as we use them to frame and refine the many bills that are before us. Keep us aware of our differences yet see them as useful in the process of legislating the many and diverse issues facing us this session. In Your Holy Name we pray. Amen
The Pledge of Allegiance to the Flag was recited.
A quorum being established, the Senate proceeded with its business.
The Journal of the previous day was read and approved.
The following Senators were present during the day's proceedings:
|
Present—Senators |
|
|
Bartle |
Bray |
Callahan |
Cauthorn |
Champion |
Clemens |
Coleman |
Crowell |
Days |
Dolan |
Dougherty |
Engler |
Gibbons |
Graham |
Green |
Griesheimer |
Gross |
Kennedy |
Klindt |
Koster |
Loudon |
Mayer |
Nodler |
Purgason |
Ridgeway |
Scott |
Shields |
Stouffer |
Taylor |
Vogel |
Wheeler |
Wilson—32 |
|
|
|
|
|
Absent with leave—Senators—None |
|
|
|
Vacancies—2 |
|
|
|
|
|
|
|
The Lieutenant Governor was present. |
|
|
|
|||
RESOLUTIONS
Senator Taylor offered Senate Resolution No. 475, regarding Delaney Sweeney, Souder, which was adopted.
Senator Taylor offered Senate Resolution No. 476, regarding William “Ron” Jennings, Verona, which was adopted.
Senator Crowell offered Senate Resolution No. 477, regarding Gene Ditto, East Prairie, which was adopted.
Senator Crowell offered Senate Resolution No. 478, regarding Kathie Simpkins, East Prairie, which was adopted.
Senator Crowell offered Senate Resolution No. 479, regarding the Petal Shoppe, East Prairie, which was adopted.
Senator Crowell offered Senate Resolution No. 480, regarding Tyler Flaker, Sikeston, which was adopted.
Senator Crowell offered Senate Resolution No. 481, regarding Traci Jackson, Sikeston, which was adopted.
CONCURRENT RESOLUTIONS
Senator Loudon offered the following concurrent resolution:
SENATE CONCURRENT RESOLUTION NO. 7
WHEREAS, musculoskeletal conditions are responsible for approximately 50 percent of all health-related military disability discharges and the most common non-traumatic cause of functional impairment during military operations; and
WHEREAS, chiropractic services often are used to treat musculoskeletal conditions, and Congress established chiropractic benefits and services for both active duty military within the U.S. Department of Defense and for veterans within the Veterans' Affairs health care systems; and
WHEREAS, doctors of chiropractic practice are in nearly 50 military treatment facilities, primarily testing musculoskeletal conditions and slowly are being added to the VA health care system; and
WHEREAS, there currently is no enterprise coordinating and guiding collaborative research efforts between preeminent chiropractic colleges, scientists, and the military researchers to address the primary questions surrounding integration of chiropractic into military health care environments; and
WHEREAS, to meet this need and to establish a robust, collaborative, national chiropractic military research agenda, Logan College of Chiropractic and the Samueli Institute are proposing a partnership to create a new consortial Chiropractic Center for Military Research; and
WHEREAS, the center will be located on the Chesterfield, Missouri, campus of Logan College, with research operations conducted by the Samueli Institute, Alexandria, Virginia; and
WHEREAS, the center will conduct scientifically rigorous research on the application of chiropractic manipulation in the military, including what subpopulations and environments realize the most benefit and how chiropractic can best integrate into the military health care team; and
WHEREAS, the center will facilitate development of research capacity in the area of musculoskeletal conditions by linking scientists at chiropractic educational institutions with scientists in the military and at the Samueli Institute; and
WHEREAS, the center will focus special, priority consideration on those musculoskeletal conditions that are affecting those active duty military and veterans participating in or returning from combat in Afghanistan and Iraq, including the role of chiropractic manipulation in the total care of those with amputations and prosthetics:
NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Third General Assembly, First Regular Session, the House of Representatives concurring therein, urge the United States Congress to consider establishing the Chiropractic Center for Military Research at Logan College of Chiropractic; and
BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of the Missouri Congressional delegation.
Senator Griesheimer assumed the Chair.
INTRODUCTION OF BILLS
The following Bills were read the 1st time and ordered printed:
SB 484–By Stouffer.
An Act to repeal section 321.220, RSMo, and to enact in lieu thereof one new section relating to powers of fire protection district boards, with penalty provisions.
SB 485–By Days and Green.
An Act to amend chapter 137, RSMo, by adding thereto two new sections relating to a homestead exemption for senior and disabled persons, with a sunset provision.
SB 486–By Engler.
An Act to repeal section 104.800, RSMo, and to enact in lieu thereof one new section relating to the eight year transfer provision under the Missouri state employees’ retirement system.
SB 487–By Engler.
An Act to repeal sections 302.302 and 577.070, RSMo, and to enact in lieu thereof two new sections relating to littering, with penalty provisions.
SB 488–By Engler.
An Act to repeal sections 301.020 and 301.190, RSMo, and to enact in lieu thereof two new sections relating to motor vehicle registration, with penalty provisions.
SB 489–By Loudon.
An Act to repeal section 570.033, RSMo, and to enact in lieu thereof one new section relating to selling animals for research purposes, with penalty provisions.
SB 490–By Koster.
An Act to repeal section 71.012, RSMo, and to enact in lieu thereof one new section relating to annexation procedures for cities and towns.
SB 491–By Klindt.
An Act to repeal sections 302.137, 304.027, 304.028, 476.055, 488.010, 488.012, and 488.5332, RSMo, and to enact in lieu thereof seven new sections relating to court costs, with penalty provisions and an expiration date for certain sections.
SB 492–By Kennedy and Green.
An Act to amend chapter 160, RSMo, by adding thereto one new section relating to drug testing of employees at or near a school.
SB 493–By Kennedy and Mayer.
An Act to repeal section 621.045, RSMo, and to enact in lieu thereof twenty-two new sections relating to private investigators, with penalty provisions.
SB 494–By Bray.
An Act to repeal section 650.055, RSMo, and to enact in lieu thereof one new section relating to exoneration using DNA testing.
SB 495–By Mayer.
An Act to repeal section 595.209, RSMo, and to enact in lieu thereof one new section relating to the statewide automated crime victim notification system.
SB 496–By Mayer.
An Act to repeal section 217.105, RSMo, and to enact in lieu thereof one new section relating to the corrections officer certification commission.
SB 497–By Mayer.
An Act to repeal section 304.230, RSMo, and to enact in lieu thereof one new section relating to the Missouri highway safety enforcement division, with a penalty provision.
SB 498–By Mayer.
An Act to repeal section 144.030, RSMo, and to enact in lieu thereof one new section relating to sales tax exemptions.
SB 499–By Mayer.
An Act to repeal section 511.350, RSMo, and to enact in lieu thereof one new section relating to liens on property.
SB 500–By Gibbons, Klindt and Clemens.
An Act to amend chapters 160, 208, and 376, RSMo, by adding thereto seven new sections relating to family cost participation in the Missouri first steps program, with an emergency clause.
SB 501–By Gibbons.
An Act to amend chapter 630, RSMo, by adding thereto four new sections relating to the office of comprehensive child mental health.
SB 502–By Gibbons.
An Act to authorize the conveyance of property owned by the state in St. Louis County to the Manchester United Methodist Church, with an emergency clause.
SB 503–By Cauthorn.
An Act to amend chapter 490, RSMo, by adding thereto seven new sections relating to environmental audit privileges.
SB 504–By Dougherty, Green, Bray, Wheeler, Days, Kennedy, Callahan and Wilson.
An Act to amend chapter 37, RSMo, by adding thereto one new section relating to the office of inspector general.
SB 505–By Dougherty, Days, Bray, Wheeler, Graham, Green, Wilson, Callahan and Kennedy.
An Act to amend chapter 407, RSMo, by adding thereto one new section relating to credit card unlawful practices, with penalty provisions.
SB 506–By Dougherty, Green, Bray, Wheeler, Days, Kennedy, Callahan and Wilson.
An Act to amend chapter 407, RSMo, by adding thereto eight new sections relating to release of personal information to unauthorized persons, with penalty provisions for a certain section.
SB 507–By Graham.
An Act to repeal section 55.160, RSMo, and to enact in lieu thereof one new section relating to inventory of county property.
SB 508–By Wheeler.
An Act to repeal section 247.031, RSMo, and to enact in lieu thereof one new section relating to detachment of territories from a public water supply district.
SB 509–By Dolan.
An Act to amend chapter 135, RSMo, by adding thereto one new section relating to new market tax credits.
SB 510–By Koster.
An Act to repeal sections 288.121, 288.128, 288.310, and 288.330, RSMo, and to enact in lieu thereof four new sections relating to alternative refinancing to state unemployment debt.
SB 511–By Callahan and Bartle.
An Act to repeal section 556.036, RSMo, and to enact in lieu thereof one new section relating to commencement of prosecution.
SB 512–By Callahan and Bartle.
An Act to repeal section 575.270, RSMo, and to enact in lieu thereof one new section relating to tampering with a witness, with penalty provisions.
SB 513–By Callahan and Bartle.
An Act to repeal sections 545.050, 550.040, 550.050, 550.070, and 550.080, RSMo, and to enact in lieu thereof two new sections relating to costs paid by prosecutors.
SB 514–By Ridgeway.
An Act to amend chapter 105, RSMo, by adding thereto one new section relating to the acknowledgment of God.
SB 515–By Taylor.
An Act to repeal section 163.036, RSMo, and to enact in lieu thereof one new section relating to summer school programs.
SB 516–By Griesheimer.
An Act to repeal section 99.847, RSMo, and to enact in lieu thereof one new section relating to districts providing emergency services.
SB 517–By Shields.
An Act to repeal sections 404.805, 404.830, 404.850, and 404.855, RSMo, and to enact in lieu thereof six new sections relating to surrogate health care decisions.
REPORTS OF STANDING COMMITTEES
Senator Shields, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following report:
Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCS for SB 147, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.
SENATE BILLS FOR PERFECTION
Senator Loudon moved that SB 185 be taken up for perfection, which motion prevailed.
President Kinder assumed the Chair.
Senator Callahan offered SA 1, which was read:
SENATE AMENDMENT NO. 1
Amend Senate Bill No. 185, Page 1, Section 34.209, Line 8, by deleting from said line the following “Require or prohibit” and insert in lieu thereof the following “Prohibit”; and
Further amend same section, page 2, lines 13 and 14, by deleting from said lines the following “labor organizations” and insert in lieu thereof the following “non-union subcontractors”; and
Further amend same section, page 2, lines 15 to 23, by deleting said lines.
Senator Callahan moved that the above amendment be adopted.
At the request of Senator Loudon, SB 185, with SA 1 (pending), was placed on the Informal Calendar.
REPORTS OF STANDING COMMITTEES
Senator Klindt, Chairman of the Committee on Commerce, Energy and the Environment, submitted the following reports:
Mr. President: Your Committee on Commerce, Energy and the Environment, to which was referred SB 192, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.
Also,
Mr. President: Your Committee on Commerce, Energy and the Environment, to which was referred SB 236, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.
Senator Vogel, Chairman of the Committee on Ways and Means, submitted the following reports:
Mr. President: Your Committee on Ways and Means, to which was referred SB 267, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.
Also,
Mr. President: Your Committee on Ways and Means, to which was referred SB 238, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass and be placed on the Consent Calendar.
Also,
Mr. President: Your Committee on Ways and Means, to which was referred SB 268, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.
REFERRALS
President Pro Tem Gibbons referred SCR 6 to the Committee on Rules, Joint Rules, Resolutions and Ethics.
President Pro Tem Gibbons referred SCS for SB 147 to the Committee on Governmental Accountability and Fiscal Oversight.
On motion of Senator Shields, the Senate recessed until 2:00 p.m.
RECESS
The time of recess having expired, the Senate was called to order by Senator Ridgeway.
RESOLUTIONS
Senator Bartle offered Senate Resolution No. 482, regarding Brackon Wynn Lundy, Lee’s Summit, which was adopted.
Senator Cauthorn offered Senate Resolution No. 483, regarding the One Hundred Second Birthday of Rosemary Gabbert Musil, Louisiana, which was adopted.
Senator Scott offered Senate Resolution No. 484, regarding Beverly Ann Luttrell, Windyville, which was adopted.
Senator Coleman offered Senate Resolution No. 485, regarding the Central Missouri Chapter of Safari Club International, which was adopted.
Senator Ridgeway offered Senate Resolution No. 486, regarding the Order of DeMolay, which was adopted.
Senator Stouffer offered Senate Resolution No. 487, regarding Mr. and Mrs. Derrick Hawkins, Lexington, which was adopted.
INTRODUCTION OF BILLS
The following Bills were read the 1st time and ordered printed:
SB 518–By Kennedy and Graham.
An Act to repeal section 191.859, RSMo, and to enact in lieu thereof two new sections relating to the advisory assistive technology council.
SB 519–By Callahan.
An Act to repeal section 64.940, RSMo, and to enact in lieu thereof one new section relating to the Jackson County sports authority.
SB 520–By Callahan and Bartle.
An Act to repeal section 544.170, RSMo, and to enact in lieu thereof one new section relating to arrest detention.
SB 521–By Crowell.
An Act to repeal section 26.607, RSMo, and to enact in lieu thereof one new section relating to the powers and duties of the lieutenant governor.
SB 522–By Ridgeway.
An Act to repeal sections 198.032, 198.526, and 198.527, RSMo, and to enact in lieu thereof four new sections relating to long-term care facilities, with penalty provisions.
SB 523–By Cauthorn.
An Act to amend chapter 332, RSMo, by adding thereto one new section relating to distant dental hygienist learning programs, with sunset provisions.
SB 524–By Coleman, Taylor and Ridgeway.
An Act to amend chapter 324, RSMo, by adding thereto twelve new sections relating to naturopathic medicine, with penalty provisions.
SB 525–By Coleman, Days and Wilson.
An Act to amend chapter 376, RSMo, by adding thereto one new section relating to chronic kidney disease.
SB 526–By Scott.
An Act to repeal section 166.420, RSMo, and to enact in lieu thereof one new section relating to the minimum time for holding investments in the Missouri higher education savings program.
SB 527–By Wilson.
An Act to repeal sections 197.289 and 197.297, RSMo, and to enact in lieu thereof five new sections relating to patient safety, with penalty provisions.
SB 528–By Bray and Days.
An Act to amend chapter 354, RSMo, by adding thereto twenty-one new sections relating to the Missouri universal health assurance program with a contingent effective date for certain sections.
SB 529–By Vogel.
An Act to amend chapters 71 and 92, RSMo, by adding thereto nine new sections relating to assessment and collection of various taxes on telecommunications companies, with a severability clause.
SB 530–By Vogel.
An Act to repeal sections 301.445, 301.447, 301.451, 301.456, 301.3053, 301.3054, 301.3055, 301.3075, 301.3076, 301.3077, 301.3078, 301.3085, 301.3105, 301.3115, 301.3142, and 301.4000, RSMo, and to enact in lieu thereof sixteen new sections relating to fees for specialized license plates.
SB 531–By Klindt.
An Act to repeal supreme court rule 8.07, and to enact in lieu thereof one new supreme court rule relating to the application for bar examination.
SB 532–By Ridgeway.
An Act to amend chapter 208, RSMo, by adding thereto one new section relating to medical assistance, with an emergency clause.
SB 533–By Shields.
An Act to repeal section 660.315, RSMo, and to enact in lieu thereof one new section relating to the employee disqualification list, with penalty provisions.
SB 534–By Bartle.
An Act to repeal section 479.230, RSMo, and to enact in lieu thereof one new section relating to absent municipal judges.
REPORTS OF STANDING COMMITTEES
Senator Crowell, Chairman of the Committee on Pensions, Veterans’ Affairs and General Laws, submitted the following reports:
Mr. President: Your Committee on Pensions, Veterans’ Affairs and General Laws, to which was referred SB 304, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.
Also,
Mr. President: Your Committee on Pensions, Veterans’ Affairs and General Laws, to which was referred SB 317, begs leave to report that it has considered the same and recommends that the bill do pass and be placed on the Consent Calendar.
SENATE BILLS FOR PERFECTION
At the request of Senator Shields, SB 269, with SCS, was placed on the Informal Calendar.
Senator Scott moved that SB 173 be taken up for perfection, which motion prevailed.
Senator Graham offered SA 1, which was read:
SENATE AMENDMENT NO. 1
Amend Senate Bill No. 173, Page 3, Section 178.930, Line 56, by inserting after all of said line the following:
“5. The compensation paid to each handicapped worker employed by a sheltered workshop shall be increased in the same proportion as the increase in per diem received by a shelter workshop in subsection 1 of this section.”.
Senator Graham moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Bray, Days, Green and Kennedy.
SA 1 failed of adoption by the following vote:
|
YEAS—Senators |
|
|
Bray |
Callahan |
Days |
Dougherty |
Engler |
Graham |
Green |
Kennedy |
Wheeler |
Wilson—10 |
|
|
|
|
|
|
|
NAYS—Senators |
|
|
Bartle |
Cauthorn |
Champion |
Clemens |
Crowell |
Dolan |
Gibbons |
Griesheimer |
Gross |
Klindt |
Koster |
Loudon |
Mayer |
Nodler |
Purgason |
Ridgeway |
Scott |
Shields |
Stouffer |
Taylor |
Vogel—21 |
|
|
|
|
|
|
|
|
Absent—Senator Coleman—1 |
|
|
|
|
|
|
|
Absent with leave—Senators—None |
|
|
|
|
|
|
|
Vacancies—2 |
|
|
|
|||
Senator Graham offered SA 2:
SENATE AMENDMENT NO. 2
Amend Senate Bill No. 173, Page 3, Section 178.930, Line 56, by inserting after all of said line the following:
“5. Every handicapped worker shall receive the same fringe benefits, including but not limited to, sick leave, annual leave, health insurance, or retirement benefits, as the employees of the sheltered workshop.”.
Senator Graham moved that the above amendment be adopted.
Senator Gross assumed the Chair.
Senator Graham requested a roll call vote be taken on the adoption of SA 2 and was joined in his request by Senators Days, Dolan, Green and Scott.
SA 2 failed of adoption by the following vote:
|
YEAS—Senators |
|
|
Bray |
Callahan |
Coleman |
Days |
Dougherty |
Graham |
Green |
Kennedy |
Wheeler |
Wilson—10 |
|
|
|
|
|
|
|
NAYS—Senators |
|
|
Bartle |
Cauthorn |
Champion |
Clemens |
Dolan |
Engler |
Gibbons |
Griesheimer |
Gross |
Klindt |
Koster |
Loudon |
Mayer |
Nodler |
Purgason |
Ridgeway |
Scott |
Shields |
Stouffer |
Taylor |
Vogel—21 |
|
|
|
|
|
|
|
|
Absent—Senator Crowell—1 |
|
|
|
|
|
|
|
Absent with leave—Senators—None |
|
|
|
|
|
|
|
Vacancies—2 |
|
|
|
|||
Senator Graham offered SA 3, which was read:
SENATE AMENDMENT NO. 3
Amend Senate Bill No. 173, Page 3, Section 178.930, Line 56, by inserting after all of said line the following:
“Section 1. Every sheltered workshop shall by January 1st of each year report to the General Assembly on the wages, salaries, and all other fringe benefits paid to each employee or officer of the sheltered workshop.” and
Further amend the title and enacting clause accordingly.
Senator Graham moved that the above amendment be adopted, which motion failed.
On motion of Senator Scott, SB 173 was declared perfected and ordered printed.
Senator Dolan moved that SB 312, with SCS, be taken up for perfection, which motion prevailed.
SCS for SB 312, entitled:
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 312
An Act to repeal section 226.030, RSMo, and to enact in lieu thereof one new section relating to expanding the membership of the highways and transportation commission.
Was taken up.
Senator Dolan moved that SCS for SB 312 be adopted, which motion prevailed.
On motion of Senator Dolan, SCS for SB 312 was declared perfected and ordered printed.
Senator Griesheimer moved that SB 210, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.
SCS for SB 210, entitled:
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 210
An Act to repeal sections 50.530, 64.215, 67.1775, 67.1850, 115.019, 137.115, 205.010, and 488.426, RSMo, section 137.130 as enacted by conference committee substitute for senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 701, ninetieth general assembly, first regular session, and section 137.130 as enacted by conference committee substitute for house substitute for house committee substitute for senate bill no. 827, eighty-ninth general assembly, second regular session, and section 488.429, RSMo, 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, ninety-second general assembly, second regular session, and section 488.429, RSMo, as enacted by senate committee substitute for house committee substitute for house bill no. 798 merged with house committee substitute for senate bill no. 1211, ninety-second general assembly, second regular session, and to enact in lieu thereof eleven new sections relating to county government.
Was taken up.
Senator Griesheimer moved that SCS for SB 210 be adopted.
Senator Griesheimer offered SS for SCS for SB 210, entitled:
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 210
An Act to repeal sections 44.090, 50.530, 64.215, 67.1775, 67.1850, 115.019, 137.115, 205.010, 233.295, 263.245, and 488.426, RSMo, section 137.130 as enacted by conference committee substitute for senate substitute for senate committee substitute for house substitute for house committee substitute for house bill no. 701, ninetieth general assembly, first regular session, and section 137.130 as enacted by conference committee substitute for house substitute for house committee substitute for senate bill no. 827, eighty-ninth general assembly, second regular session, and section 488.429, RSMo, 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, ninety-second general assembly, second regular session, and section 488.429, RSMo, as enacted by senate committee substitute for house committee substitute for house bill no. 798 merged with house committee substitute for senate bill no. 1211, ninety-second general assembly, second regular session, and to enact in lieu thereof eighteen new sections relating to county government.
Senator Griesheimer moved that SS for SCS for SB 210 be adopted.
Senator Crowell assumed the Chair.
Senator Griesheimer offered SA 1, which was read:
SENATE AMENDMENT NO. 1
Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 210, Page 12, Section 67.1305, Line 12 of said page, by striking the word “in” and inserting in lieu thereof the following: “by”.
Senator Griesheimer moved that the above amendment be adopted, which motion prevailed.
Senator Griesheimer offered SA 2, which was read:
SENATE AMENDMENT NO. 2
Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 210, Page 5, Section 44.090, Line 10 of said page, by striking the word “persons” and inserting in lieu thereof the following: “participating political subdivisions”; and
Further amend line 11 of said page by striking the words “the requesting” and inserting in lieu thereof the following: “such”.
Senator Griesheimer moved that the above amendment be adopted, which motion prevailed.
Senator Green offered SA 3:
SENATE AMENDMENT NO. 3
Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 210, Page 51, Section 488.429, Line 13, of said page by inserting after all of said line the following:
“[137.750. 1. If a county has an assessment maintenance plan approved pursuant to section 137.115, a portion of all the costs and expenses of the assessor of each county and each city not within a county, incurred for the current quarter in performing all duties necessary to assess and maintain equalized assessed valuations of real property, making real and personal property assessments and preparing abstracts of assessment lists, shall be reimbursed by the state. The state shall reimburse up to sixty percent of all the current and past unreported quarterly costs and expenses of the assessor of each county and each city not within a county based on compliance with the state tax commission approved assessment and equalization maintenance plan. The state shall reimburse each eligible county a minimum of three dollars per parcel for up to twenty thousand parcels, but no further reimbursements shall be made until the county has expended at least two-thirds of that amount of money for assessment maintenance from its assessment fund. The annual state reimbursement to any county pursuant to this section in 2000 shall not exceed seven dollars per parcel of real property in the county and each year thereafter such maximum amount may be increased by up to three percent, but the amount reimbursed by the state shall not exceed sixty percent of the actual costs and expenses incurred, except that counties entitled to only the three-dollar per parcel minimum shall receive one-fourth of the state's contribution each quarter.
2. The governing body of each county and city not within a county which seeks or will seek reimbursement under any provision of this section or section 137.720 shall establish a fund to be known as the “Assessment Fund”, to be used solely as a depository for funds received by the county or city pursuant to this section and sections 137.037 and 137.720, from the general revenue fund of the county or other sources for the purpose of funding the costs and expenses incurred in implementing an assessment and equalization maintenance plan approved under section 137.115 and for assessing real and personal property.
3. All counties and cities not within a county seeking state funds under this section shall submit a certified copy of their costs and expenses to the commissioner of the office of administration not later than the thirtieth day of the quarter immediately following the quarter for which such state funds are sought. The commissioner of the office of administration shall, in such form as may be prescribed by rule, certify that the county requests for reimbursement are consistent with the assessment and equalization maintenance plan approved by the state tax commission as provided in section 137.115, and shall pay the state's share out of funds appropriated for that purpose quarterly to each eligible county and city to reimburse such county or city for reimbursable costs and expenses incurred in the previous calendar quarter.
4. (1) The following costs and expenses shall not qualify for state reimbursement or reimbursement from tax moneys withheld from political subdivisions:
(a) Premiums for property and casualty insurance and liability insurance;
(b) Depreciation, interest, building and ground maintenance, fuel and utility costs, and other indirect expenses which can be classified as the overhead expenses of the assessor's office;
(c) Purchases of motor vehicles;
(2) Costs and expenses which shall qualify for state reimbursement, but only if identified in the county maintenance plan and subsequently specifically approved by the state tax commission, shall include:
(a) Salaries and benefits of data processing and legal personnel not directly employed by the assessor;
(b) Costs and expenses for computer software, hardware, and maintenance;
(c) Costs and expenses of any additional office space made necessary in order to carry out the county's maintenance plan;
(d) Costs of leased equipment;
(e) Costs of aerial photography.]”; and
Further amend the title and enacting clause accordingly.
Senator Green moved that the above amendment be adopted, which motion failed.
Senator Callahan offered SA 4:
SENATE AMENDMENT NO. 4
Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 210, Page 7, Section 64.215, Line 15 of said page, by inserting after all of said line the following:
“64.940. 1. The authority shall have the following powers:
(1) To acquire by gift, bequest, purchase or lease from public or private sources and to plan, construct, operate and maintain, or to lease to others for construction, operation and maintenance a sports stadium, field house, indoor and outdoor recreational facilities, centers, playing fields, parking facilities and other suitable concessions, and all things incidental or necessary to a complex suitable for all types of sports and recreation, either professional or amateur, commercial or private, either upon, above or below the ground;
(2) To charge and collect fees and rents for use of the facilities owned or operated by it or leased from or to others;
(3) To adopt a common seal, to contract and to be contracted with, including, but without limitation, the authority to enter into contracts with counties and other political subdivisions under sections 70.210 to 70.320, RSMo, and to sue and to be sued;
(4) To receive for its lawful activities any contributions or moneys appropriated by municipalities, counties, state or other political subdivisions or agencies or by the federal government or any agency or officer thereof or from any other source;
(5) To disburse funds for its lawful activities and fix salaries and wages of its officers and employees;
(6) To borrow money for the acquisition, planning, construction, equipping, operation, maintenance, repair, extension and improvement of any facility, or any part or parts thereof, which it has the power to own or to operate, and to issue negotiable notes, bonds, or other instruments in writing as evidence of sums borrowed, as hereinafter provided in this section:
(a) Bonds or notes issued hereunder shall be issued pursuant to a resolution adopted by the commissioners of the authority which shall set out the estimated cost to the authority of the proposed facility or facilities, and shall further set out the amount of bonds or notes to be issued, their purpose or purposes, their date or dates, denomination or denominations, rate or rates of interest, time or times of payment, both of principal and of interest, place or places of payment and all other details in connection therewith. Any such bonds or notes may be subject to such provision for redemption prior to maturity, with or without premium, and at such times and upon such conditions as may be provided by the resolution.
(b) Such bonds or notes shall bear interest at a rate not exceeding eight percent per annum and shall mature within a period not exceeding fifty years and may be sold at public or private sale for not less than ninety-five percent of the principal amount thereof. Bonds or notes issued by an authority shall possess all of the qualities of negotiable instruments under the laws of this state.