Journal of the House


First Regular Session, 95th General Assembly




SEVENTY-SECOND DAY, Wednesday, May 13, 2009

The House met pursuant to adjournment.


            Speaker Richard in the Chair.


            Prayer by Reverend Phillip McClendon.


              Gracious Father, our morning prayer is like being amazed by deposits in our checking account from unexpected sources. We are astounded by Your goodness. You know what we will need for today and You deposit the required amounts of insight, discernment, and vision in our minds.


              You fill the wells of our hearts to overflowing with the added courage and determination that are necessary for the demands of today. Even now, we feel the fresh strength of Your Spirit energizing our bodies. We should not be surprised. You have promised that, "As your days, so shall your strength be". (Deuteronomy 33:25)


              Bless the women and men of this House and all who work with and for them that this will be a day in which we draw on Your limitless resources for dynamic leadership. You are our Lord and Savior. 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: Jordan Morris.


            The Journal of the seventy-first day was approved as printed by the following vote:


AYES: 127

 

 

 

 

 

 

 

 

 

Atkins

Aull

Biermann

Bivins

Brandom

Bringer

Brown 30

Brown 50

Brown 73

Brown 149

Bruns

Burlison

Casey

Corcoran

Cox

Cunningham

Curls

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dougherty

Dugger

Dusenberg

El-Amin

Emery

Englund

Ervin

Faith

Fallert

Fischer 107

Flanigan

Flook

Franz

Funderburk

Gatschenberger

Grill

Guernsey

Guest

Harris

Hobbs

Hoskins 80

Hoskins 121

Hummel

Icet

Jones 117

Keeney

Kelly

Kingery

Kirkton

Koenig

Kratky

Kraus

Kuessner

Lair

Lampe

Largent

Leara

LeVota

Liese

Lipke

Loehner

McDonald

McGhee

McNary

McNeil

Meadows

Meiners

Morris

Munzlinger

Nance

Nieves

Nolte

Norr

Oxford

Pace

Parkinson

Parson

Pratt

Quinn

Roorda

Rucker

Ruestman

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schoeller

Schoemehl

Schupp

Self

Shively

Silvey

Skaggs

Smith 150

Stevenson

Still

Storch

Stream

Sutherland

Swinger

Thomson

Tilley

Todd

Tracy

Viebrock

Wallace

Walsh

Walton Gray

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Wood

Wright

Yaeger

Zerr

Zimmerman

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 003

 

 

 

 

 

 

 

 

 

Burnett

Talboy

Witte

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 033

 

 

 

 

 

 

Allen

Calloway

Carter

Chappelle-Nadal

Colona

Cooper

Davis

Dixon

Fisher 125

Frame

Grisamore

Hodges

Holsman

Hughes

Jones 63

Jones 89

Kander

Komo

LeBlanc

Low

McClanahan

Molendorp

Nasheed

Pollock

Riddle

Ruzicka

Salva

Smith 14

Spreng

Vogt

Webb

Webber

Yates

 

 


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 3046 through House Resolution No. 3097


THIRD READING OF SENATE BILLS


            HCS SB 262, relating to courts and judicial proceedings, was taken up by Representative Stevenson.


            Representative Stevenson offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Bill No. 262, Section 1.020, Page 3, Line 5, by inserting after the word “location” on said line the words “, and United States postal service certified mail”; and


              Further amend said substitute, Section 41.950, Page 8, Line 69, by inserting immediately after all of said section and line the following:

 

              “49.310. 1. Except as provided in sections 221.400 to 221.420, RSMo, and subsection 2 of this section, the county commission in each county in this state shall erect and maintain at the established seat of justice a good and sufficient courthouse, jail and necessary fireproof buildings for the preservation of the records of the county; except, that in counties having a special charter, the jail or workhouse may be located at any place within the county. In pursuance of the authority herein delegated to the county commission, the county commission may acquire a site, construct, reconstruct, remodel, repair, maintain and equip the courthouse and jail, and in counties wherein more than one place is provided by law for holding of court, the county commission may buy and equip or acquire a site and construct a building or buildings to be used as a courthouse and jail, and may remodel, repair, maintain and equip buildings in both places. The county commission may issue bonds as provided by the general law covering the issuance of bonds by counties for the purposes set forth in this section. In bond elections for these purposes in counties wherein more than one place is provided by law for holding of court, a separate ballot question may be submitted covering proposed expenditures in each separate site described therein, or a single ballot question may be submitted covering proposed expenditures at more than one site, if the amount of the proposed expenditures at each of the sites is specifically set out therein.

              2. The county commission in all counties of the fourth classification [and], any county of the third classification with a population of at least fourteen thousand and not more than fourteen thousand five hundred inhabitants bordering a county of the first classification without a charter form of government with a population of at least eighty thousand and not more than eighty-three thousand inhabitants, or any county of the third classification with a township form of government and with more than eight thousand nine hundred but fewer than nine thousand inhabitants may provide for the erection and maintenance of a good and sufficient jail or holding cell facility at a site in the county other than at the established seat of justice."; and

 

              Further amend said substitute, Sections 317.001, 317.006, 317.011, 317.013, 317.014, 317.017, 317.018, and 317.019, Page 40, Line 1, to Page 46, Line 29, by deleting all of said sections and lines and inserting in lieu thereof the following:


              317.017. 1. No person shall promote, participate, or allow a person under the age of 18;

              (1) to participate in a mixed martial arts sanctioned event; or

              (2) to compete or spar in any cage or other type of enclosure other than a traditional boxing ring.

              2. Any person who violates the provisions of this section is guilty of a class A misdemeanor.”; and


              Further amend said substitute, Sections 473.730 and 473.770, Page 129, Line 1, to Page 132, Line 63, by deleting all of said sections and inserting in lieu thereof the following:


              “473.743. It shall be the duty of the public administrator to take into his or her charge and custody the estates of all deceased persons, and the person and estates of all minors, and the estates or person and estate of all incapacitated persons in his or her county, in the following cases:

              (1) When a stranger dies intestate in the county without relations, or dies leaving a will, and the personal representative named is absent, or fails to qualify;

              (2) When persons die intestate without any known heirs;

              (3) When persons unknown die or are found dead in the county;

              (4) When money, property, papers or other estate are left in a situation exposed to loss or damage, and no other person administers on the same;

              (5) When any estate of any person who dies intestate therein, or elsewhere, is left in the county liable to be injured, wasted or lost, when the intestate does not leave a known husband, widow or heirs in this state;

              (6) The persons of all minors under the age of fourteen years, whose parents are dead, and who have no legal guardian or conservator;

              (7) The estates of all minors whose parents are dead, or, if living, refuse or neglect to qualify as conservator, or, having qualified have been removed, or are, from any cause, incompetent to act as such conservator, and who have no one authorized by law to take care of and manage their estate;

              (8) The estates or person and estate of all disabled or incapacitated persons in his or her county who have no legal guardian or conservator, and no one competent to take charge of such estate, or to act as such guardian or conservator, can be found, or is known to the court having jurisdiction, who will qualify;

              (9) Where from any other good cause, the court shall order him to take possession of any estate to prevent its being injured, wasted, purloined or lost;

              (10) When moneys are delivered to the public administrator from the county coroner;

              (11) The public administrator shall act as trustee when appointed by the circuit court or the probate division of the circuit court.”; and


              Further amend said substitute, Section 475.375, Page 132, Line 1, to Page 133, Line 57, by deleting all of said section and inserting in lieu thereof the following:


              475.375. 1. Any individual over the age of eighteen years who has been adjudged incapacitated under this chapter or who has been involuntarily committed under chapter 632, RSMo, may file a petition for the removal of the disqualification to purchase, possess, or transfer a firearm when:

              (1) The individual no longer suffers from the condition that resulted in the individual's incapacity or involuntary commitment;

              (2) The individual no longer poses a danger to self or others for purposes of the purchase, possession, or transfer of firearms under 18 U.S.C. Section 922; and

              (3) Granting relief under this section is not contrary to the public interest.


No individual who has been found guilty by reason of mental disease or defect may petition a court for restoration under this section.

              2. The petition shall be filed in the circuit court that entered the letters of guardianship or the most recent order for involuntary commitment, whichever is later. upon receipt of the petition, the clerk shall schedule a hearing and provide notice of the hearing to the petitioner.

              3. The burden is on the petitioner to establish by clear and convincing evidence that:

              (1) The petitioner no longer suffers from the condition that resulted in the incapacity or the involuntary commitment;

              (2) The individual no longer poses a danger to self or others for purposes of the purchase, possession, or transfer of firearms under 18 U.S.C. Section 922; and

              (3) Granting relief under this section is not contrary to the public interest.

              4. Upon the filing of the petition the court shall review the petition and determine if the petition is based upon frivolous grounds and if so may deny the petition without a hearing. in order to determine whether petitioner has met the burden pursuant to this section, the court may request the local prosecuting attorney, circuit attorney, or attorney general to provide a written recommendation as to whether relief should be granted. in any order requiring such review the court may grant access to any and all mental health records, juvenile records, and criminal history of the petitioner wherever maintained. The court may allow presentation of evidence at the hearing if requested by the local prosecuting attorney, circuit attorney, or attorney general.

              5. if the petitioner is filing the petition as a result of an involuntary commitment under chapter 632, RSMo, the hearing and records shall be closed to the public, unless the court finds that public interest would be better served by conducting the hearing in public. if the court determines the hearing should be open to the public, upon motion by the petitioner, the court may allow for the in-camera inspection of mental health records. The court may allow the use of the record but shall restrict from public disclosure, unless it finds that the public interest would be better served by making the record public.

              6. The court shall enter an order that:

              (1) The petitioner does or does not continue to suffer from the condition that resulted in commitment;

              (2) The individual does or does not continue to pose a danger to self or others for purposes of the purchase, possession, or transfer of firearms under 18 U.S.C. Section 922; and

              (3) granting relief under this section is not contrary to the public interest. The court shall include in its order the specific findings of fact on which it bases its decision.

              7. Upon a judicial determination to grant a petition under this section, the clerk in the county where the petition was granted shall forward the order to the Missouri state highway patrol for updating of the petitioner's record with the national Instant Criminal Background Check System (NICS).

              8. (1) Any person who has been denied a petition for the removal of the disqualification to purchase, possess, or transfer a firearm pursuant to this section shall not be eligible to file another petition for removal of the disqualification to purchase, possess, or transfer a firearm until the expiration of one year from the date of such denial.

              (2) If a person has previously filed a petition for the removal of the disqualification to purchase, possess, or transfer a firearm and the court determined that:

              (a) The petitioner's petition was frivolous; or

              (b) The petitioner's condition had not so changed such that the person continued to suffer form the condition that resulted in the individual's incapacity or involuntary commitment and continued to pose a danger to self or others for purposes of the purchase, possession, or transfer of firearms under 18 U.S.C. Section 922; or

              (3) granting relief under this section would be contrary to the public interest, then the court shall deny the subsequent petition unless the petition contains the additional facts upon which the court could find the condition of the petitioner had so changed that a hearing was warranted.”; and




              Further amend said substitute, Section 537.055, Page 157, Line 3, by inserting immediately after all of said section and line the following:


              537.296. In any action for private nuisance, if any party requests the court or jury to visit the property alleged to be affected by the nuisance, the court or jury shall visit the property.”; and


              Further amend said substitute, Section 595.209, Page 170, Line 139, by inserting immediately after all of said section and line the following:


              “610.010. As used in this chapter, unless the context otherwise indicates, the following terms mean:

              1. (1) "Closed meeting", "closed record", or "closed vote", any meeting, record or vote closed to the public;

              (2) "Copying", if requested by a member of the public, copies provided as detailed in section 610.026, if duplication equipment is available;

              (3) "Public business", all matters which relate in any way to the performance of the public governmental body's functions or the conduct of its business;

              (4) "Public governmental body", any legislative, administrative or governmental entity created by the constitution or statutes of this state, by order or ordinance of any political subdivision or district, judicial entities when operating in an administrative capacity, or by executive order, including:

              (a) Any body, agency, board, bureau, council, commission, committee, board of regents or board of curators or any other governing body of any institution of higher education, including a community college, which is supported in whole or in part from state funds, including but not limited to the administrative entity known as "The Curators of the University of Missouri" as established by section 172.020, RSMo;

              (b) Any advisory committee or commission appointed by the governor by executive order;

              (c) Any department or division of the state, of any political subdivision of the state, of any county or of any municipal government, school district or special purpose district including but not limited to sewer districts, water districts, and other subdistricts of any political subdivision;

              (d) Any other legislative or administrative governmental deliberative body under the direction of three or more elected or appointed members having rulemaking or quasi-judicial power;

              (e) Any committee appointed by or at the direction of any of the entities and which is authorized to report to any of the above-named entities, any advisory committee appointed by or at the direction of any of the named entities for the specific purpose of recommending, directly to the public governmental body's governing board or its chief administrative officer, policy or policy revisions or expenditures of public funds including, but not limited to, entities created to advise bi-state taxing districts regarding the expenditure of public funds, or any policy advisory body, policy advisory committee or policy advisory group appointed by a president, chancellor or chief executive officer of any college or university system or individual institution at the direction of the governing body of such institution which is supported in whole or in part with state funds for the specific purpose of recommending directly to the public governmental body's governing board or the president, chancellor or chief executive officer policy, policy revisions or expenditures of public funds provided, however, the staff of the college or university president, chancellor or chief executive officer shall not constitute such a policy advisory committee. The custodian of the records of any public governmental body shall maintain a list of the policy advisory committees described in this subdivision;

               (f) Any quasi-public governmental body. The term "quasi-public governmental body" means any person, corporation or partnership organized or authorized to do business in this state pursuant to the provisions of chapter 352, 353, or 355, RSMo, or unincorporated association which either:

              a. Has as its primary purpose to enter into contracts with public governmental bodies, or to engage primarily in activities carried out pursuant to an agreement or agreements with public governmental bodies; or

              b. Performs a public function as evidenced by a statutorily based capacity to confer or otherwise advance, through approval, recommendation or other means, the allocation or issuance of tax credits, tax abatement, public debt, tax-exempt debt, rights of eminent domain, or the contracting of leaseback agreements on structures whose annualized payments commit public tax revenues; or any association that directly accepts the appropriation of money from a public governmental body, but only to the extent that a meeting, record, or vote relates to such appropriation; and

              (g) Any bi-state development agency established pursuant to section 70.370, RSMo;

              (5) "Public meeting", any meeting of a public governmental body subject to sections 610.010 to 610.030 at which any public business is discussed, decided, or public policy formulated, whether such meeting is conducted in person or by means of communication equipment, including, but not limited to, conference call, video conference, Internet chat, or Internet message board. The term "public meeting" shall not include an informal gathering of members of a public governmental body for ministerial or social purposes when there is no intent to avoid the purposes of this chapter, but the term shall include a public vote of all or a majority of the members of a public governmental body, by electronic communication or any other means, conducted in lieu of holding a public meeting with the members of the public governmental body gathered at one location in order to conduct public business

              (6) "Public record", any record, whether written or electronically stored, retained by or of any public governmental body including any report, survey, memorandum, or other document or study prepared for the public governmental body by a consultant or other professional service paid for in whole or in part by public funds, including records created or maintained by private contractors under an agreement with a public governmental body or on behalf of a public governmental body; provided, however, that personally identifiable student records maintained by public educational institutions shall be open for inspection by the parents, guardian or other custodian of students under the age of eighteen years and by the parents, guardian or other custodian and the student if the student is over the age of eighteen years. A record shall not be considered to be created or maintained on behalf of a public governmental body which has no control over its creation or retention. The term "public record" shall not include any internal memorandum or letter received or prepared by or on behalf of a member of a public governmental body consisting of advice, opinions and recommendations in connection with the deliberative decision-making process of said body, unless such records are retained by the public governmental body or presented at a public meeting. Any document or study prepared for a public governmental body by a consultant or other professional service as described in this subdivision shall be retained by the public governmental body in the same manner as any other public record;

              (7) "Public vote", any vote, whether conducted in person, by telephone, or by any other electronic means, cast at any public meeting of any public governmental body.”; and


              Further amend said substitute, Section 630.407, Page 171, Line 9, by inserting immediately after all of said line the following:

 

              ; (5) Providers of job-training and employment services serving clients of the department, veterans, dislocated workers as well as residential and community integration services to clients of this division of developmental disabilities as an agent of the department.”; and


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


            Representative Nieves 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 Bill No. 262, Page 2, Line 20, by deleting the figure “18" on said line and inserting in lieu thereof the following figure “14"; and


              Further amend said amendment and page, Lines 22 - 23, by deleting all of said lines and inserting in lieu thereof the following:

 

              (2) to compete or spar in any type of enclosure that prohibits or impedes ready accessibility for medical treatment or care.”; and


              Further amend said amendment, Page 7, Line 3, by inserting on said line the following:


              'Further amend said substitute, Section 517.041, Page 155, Lines 8 - 9, by inserting an open bracket “[“ before the “3." on Line 8 and a closed bracket “]” after the word “assignment.” on Line 9"; and'; and


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


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


            Which motion was defeated.


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


            Representative Diehl offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for Senate Bill No. 262, Section 66.010, Page 10, Line 59, by inserting immediately after all of said section and line the following:


              “67.456. 1. The average maturity of bonds or notes issued under the neighborhood improvement district act after August 28, 2004, shall not exceed one hundred twenty percent of the average economic life of the improvements for which the bonds or notes are issued.

              2. Any improvement for which a petition is filed or an election is held under section 67.457 after August 28, 2004, including improvements to or located on property owned by a city or county, shall include provisions for maintenance of the project during the term of the bonds or notes.

              3. In the event that, after August 28, 2004, any parcel of property within the neighborhood improvement district is divided into more than one parcel of property after the final costs of the improvement are assessed, all unpaid final costs of the improvement assessed to the original parcel that was divided [shall be recalculated and] may, within sixty days after recordation of proof of division of such parcel in the real property records of the county or city not within a county where the district is located, be reallocated effective as of the next ensuing January first following such division, but only as to the newly created parcels, by the city or county that formed the district. Such reallocation shall be in accordance with the method for assessment of the original parcel set forth in the ballot question or petition related to the formation of the district described in section 67.457, with such amounts to be certified to the county clerk and county collector, or the equivalent officers in a city not within a county, and which amounts shall be used for reassessment of the newly created parcels. If the city or county that formed the district does not reallocate the assessments on the newly created parcels in accordance with the original method of assessment and certify such information to the county clerk and county collector, or the equivalent officers in a city not within a county, within sixty days of recordation of proof of the division of the original parcel, the unpaid cost of the improvements assessed to the original parcel that was divided shall be reassessed proportionally to each of the parcels resulting from the division of the original parcel, based on the assessed valuation of each resulting parcel. No parcel of property which has had the assessment against it paid in full by the property owner shall be reassessed under this section. No parcel of property shall have the initial assessment against it changed, except for any changes for special, supplemental, or additional assessments authorized under the state neighborhood improvement district act.


              67.1401. 1. Sections 67.1401 to 67.1571 shall be known and may be cited as the "Community Improvement District Act".

              2. For the purposes of sections 67.1401 to 67.1571, the following words and terms mean:

              (1) "Approval" or "approve", for purposes of elections pursuant to sections 67.1401 to 67.1571, a simple majority of those qualified voters voting in the election;

              (2) "Assessed value", the assessed value of real property as reflected on the tax records of the county clerk of the county in which the property is located, or the collector of revenue if the property is located in a city not within a county, as of the last completed assessment;

              (3) "Blighted area", an area which:

              (a) By reason of the predominance of defective or inadequate street layout, insanitary or unsafe conditions, deterioration of site improvements, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, retards the provision of housing accommodations or constitutes an economic or social liability or a menace to the public health, safety, morals or welfare in its present condition and use; or

              (b) Has been declared blighted or found to be a blighted area pursuant to Missouri law including, but not limited to, chapter 353, RSMo, sections 99.800 to 99.865, RSMo, or sections 99.300 to 99.715, RSMo;

              (4) "Board", if the district is a political subdivision, the board of directors of the district, or if the district is a not-for-profit corporation, the board of directors of such corporation;

              (5) "Director of revenue", the director of the department of revenue of the state of Missouri;

              (6) "District", a community improvement district, established pursuant to sections 67.1401 to 67.1571;

              (7) "Election authority", the election authority having jurisdiction over the area in which the boundaries of the district are located pursuant to chapter 115, RSMo;

              (8) "Municipal clerk", the clerk of the municipality;

              (9) "Municipality", any city, village, incorporated town, or county of this state, or in any unincorporated area that is located in any county with a charter form of government and with more than one million inhabitants;

              (10) "Obligations", bonds, loans, debentures, notes, special certificates, or other evidences of indebtedness issued by a district to carry out any of its powers, duties or purposes or to refund outstanding obligations;

              (11) "Owner", for real property, the individual or individuals or entity or entities who own a fee interest in real property that is located within the district or their legally authorized representative or representatives; for business organizations and other entities, the owner shall be deemed to be the individual or individuals which [is] are legally authorized to represent the entity in regard to the district; in the case of real property owned by individuals or entities as joint tenants, tenants in common, tenants by the entirety, or tenants in partnership, such joint tenants, tenants in common, tenants by the entirety, or tenants in partnership shall be considered one owner collectively for purposes of any vote cast or petition executed;

              (12) "Per capita", one head count applied to each individual, entity or group of individuals or entities having fee ownership of real property within the district whether such individual, entity or group owns one or more parcels of real property in the district as joint tenants, tenants in common, tenants by the entirety, tenants in partnership, except that with respect to a condominium created under sections 448.1-101 to 448.4-120, RSMo, "per capita" means one head count applied to the applicable unit owners' association and not to each unit owner;

              (13) "Petition", a petition to establish a district as it may be amended in accordance with the requirements of section 67.1421;

              (14) "Qualified voters",

              (a) For purposes of elections for approval of real property taxes:

              a. Registered voters; or

              b. If no registered voters reside in the district, the owners of one or more parcels of real property which is to be subject to such real property taxes and is located within the district per the [tax] real estate records [for real property of the county clerk, or the collector of revenue if the district is located in a city not within a county] of the recorder of deeds where the district is located, as of the thirtieth day prior to the date of the applicable election;

              (b) For purposes of elections for approval of business license taxes or sales taxes:

              a. Registered voters; or

              b. If no registered voters reside in the district, the owners of one or more parcels of real property located within the district per the [tax] real estate records [for real property of the county clerk] of the recorder of deeds where the district is located as of the thirtieth day before the date of the applicable election; and

              (c) For purposes of the election of directors of the board[,]:

              a. Registered voters [and]; or

              b. If no registered voters reside in the district, the owners of one or more parcels of real property [which is not exempt from assessment or levy of taxes by the district and which is] located within the district per the [tax] real estate records [for real property of the county clerk, or the collector of revenue if the district is located in a city not within a county] of the recorder of deeds where the district is located, of the thirtieth day prior to the date of the applicable election; and

              (d) Provided that, for the purposes of any election, each voter which is not an individual shall determine how to cast its vote as provided for in its articles of incorporation, articles of organization, articles of partnership, bylaws, or other document which sets forth an applicable mechanism for action for such voter. If a voter has no such mechanism, then its vote shall be cast by agreement of such individuals or entities as would be required under applicable law to convey by deed the entire parcel of property owned;

              (15) "Registered voters", persons who reside within the district and who are qualified and registered to vote pursuant to chapter 115, RSMo, pursuant to the records of the election authority as of the thirtieth day prior to the date of the applicable election.


              67.1421. 1. Upon receipt of a proper petition filed with its municipal clerk, the governing body of the municipality in which the proposed district is located shall hold a public hearing in accordance with section 67.1431 and may adopt an ordinance to establish the proposed district.

              2. A petition is proper if, based on the [tax] real estate records of the [county clerk, or the collector of revenue if the district is located in a city not within a county] recorder of deeds where the district is located, as of the time of filing the petition with the municipal clerk, it meets the following requirements:

              (1) It has been signed by property owners collectively owning more than fifty percent by assessed value, as reflected by the tax records of the county where the proposed district is located, of the real property within the boundaries of the proposed district;

              (2) It has been signed by more than fifty percent per capita of all owners of real property within the boundaries of the proposed district; and

              (3) It contains the following information:

              (a) The legal description of the proposed district, including a map illustrating the district boundaries;

              (b) The name of the proposed district;

              (c) A notice that the signatures of the signers may not be withdrawn later than seven days after the petition is filed with the municipal clerk;

              (d) A five-year plan stating a description of the purposes of the proposed district, the services it will provide, the improvements it will make and an estimate of costs of these services and improvements to be incurred;

              (e) A statement as to whether the district will be a political subdivision or a not for profit corporation and if it is to be a not for profit corporation, the name of the not for profit corporation;

              (f) If the district is to be a political subdivision, a statement as to whether the district will be governed by a board elected by the qualified voters in the district or whether the board will be appointed by the municipality, and, if the board is to be elected by the qualified voters in the district, the names and terms of the initial board may be stated;

              (g) If the district is to be a political subdivision, the number of directors to serve on the board;

              (h) The total assessed value, as reflected by the tax records of the county where the proposed district is located, of all real property within the proposed district;

              (i) A statement as to whether the petitioners are seeking a determination that the proposed district, or any legally described portion thereof, is a blighted area;

              (j) The proposed length of time for the existence of the district;

              (k) The maximum rates of real property taxes, and, business license taxes in the county seat of a county of the first classification without a charter form of government containing a population of at least two hundred thousand, that may be submitted to the qualified voters for approval;

              (l) The maximum rates of special assessments and respective methods of assessment that may be proposed by petition;

              (m) The limitations, if any, on the borrowing capacity of the district;

              (n) The limitations, if any, on the revenue generation of the district;

              (o) Other limitations, if any, on the powers of the district;

              (p) A request that the district be established; and

              (q) Any other items the petitioners deem appropriate; and

              (4) The signature block for each real property owner signing the petition shall be in substantially the following form and contain the following information:

Name of owner: . . . . . . . . . . . . . . . . . . . . . . . . .

Owner's telephone number and mailing address: . . . . . . . . . .

If signer is different from owner:

Name of signer: . . . . . . . . . . . . . . . . . . . . . . . State basis of legal authority to sign: . . . . . . . . . . . . .

Signer's telephone number and mailing address: . . . . . . . . .

If the owner is an individual, state if owner is single or married: . . . . . . . . . . . . . . . . . . . . . . . . . . . .

If owner is not an individual, state what type of entity: . . . .

Map and parcel number and assessed value of each tract of real property within the proposed district owned:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

By executing this petition, the undersigned represents and warrants that he or she is authorized to execute this petition on behalf of the property owner named immediately above.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature of person signing for owner Date

STATE OF MISSOURI)

                                ) ss.

COUNTY OF . . . . )

              Before me personally appeared . . . . . . . . . . . ., to me personally known to be the individual described in and who executed the foregoing instrument.

              WITNESS my hand and official seal this . . . . . . . day of . . . . . . . . . . . . (month), . . . . . . . (year).

. . . . . . . . . . . . . . .

Notary Public

My Commission Expires: . . . . . . . . . . . . .

              3. Upon receipt of a petition the municipal clerk shall, within a reasonable time not to exceed ninety days after receipt of the petition, review and determine whether the petition substantially complies with the requirements of subsection 2 of this section. In the event the municipal clerk receives a petition which does not meet the requirements of subsection 2 of this section, the municipal clerk shall, within a reasonable time, return the petition to the submitting party by hand delivery, first class mail, postage prepaid or other efficient means of return and shall specify which requirements have not been met.

              4. After the close of the public hearing required pursuant to subsection 1 of this section, the governing body of the municipality may adopt an ordinance approving the petition and establishing a district as set forth in the petition and may determine, if requested in the petition, whether the district, or any legally described portion thereof, constitutes a blighted area.

              5. Amendments to a petition may be made which do not change the proposed boundaries of the proposed district if an amended petition meeting the requirements of subsection 2 of this section is filed with the municipal clerk at the following times and the following requirements have been met:

              (1) At any time prior to the close of the public hearing required pursuant to subsection 1 of this section; provided that, notice of the contents of the amended petition is given at the public hearing;

              (2) At any time after the public hearing and prior to the adoption of an ordinance establishing the proposed district; provided that, notice of the amendments to the petition is given by publishing the notice in a newspaper of general circulation within the municipality and by sending the notice via registered certified United States mail with a return receipt attached to the address of record of each owner of record of real property within the boundaries of the proposed district per the [tax records of the county clerk, or the collector of revenue if the district is located in a city not within a county] real estate records of the recorder of deeds where the district is located as of a date no earlier than thirty days prior to the mailing. Such notice shall be published and mailed not less than ten days prior to the adoption of the ordinance establishing the district;

              (3) At any time after the adoption of any ordinance establishing the district a public hearing on the amended petition is held and notice of the public hearing is given in the manner provided in section 67.1431 and the governing body of the municipality in which the district is located adopts an ordinance approving the amended petition after the public hearing is held.

              6. Upon the creation of a district, the municipal clerk shall report in writing the creation of such district to the Missouri department of economic development.


              67.1451. 1. If a district is a political subdivision, the election and qualifications of members to the district's board of directors shall be in accordance with this section. If a district is a not-for-profit corporation, the election and qualification of members to its board of directors shall be in accordance with chapter 355, RSMo.

              2. The district shall be governed by a board consisting of at least five but not more than thirty directors. Each director shall, during his or her entire term, be:

              (1) At least eighteen years of age; and

              (2) Be either:

              (a) An owner, as defined in section 67.1401, of real property or of a business operating within the district; or

              (b) A registered voter residing within the district; and

              (3) Any other qualifications set forth in the petition establishing the district. If there are fewer than five owners of real property located within a district, the board may be comprised of up to five legally authorized representatives of any of the owners of real property located within the district or of any of the businesses operating within the district.

              3. If the district is a political subdivision, the board shall be elected or appointed, as provided in the petition.

              4. If the board is to be elected, the procedure for election shall be as follows:

              (1) The municipal clerk shall specify a date on which the election shall occur which date shall be a Tuesday and shall not be earlier than the tenth Tuesday, and shall not be later than the fifteenth Tuesday, after the effective date of the ordinance adopted to establish the district;

              (2) The election shall be conducted in the same manner as provided for in section 67.1551, provided that the published notice of the election shall contain the information required by section 67.1551 for published notices, except that it shall state that the purpose of the election is for the election of directors, in lieu of the information related to taxes;

              (3) Candidates shall pay the sum of five dollars as a filing fee and shall file not later than the second Tuesday after the effective date of the ordinance establishing the district with the municipal clerk a statement under oath that he or she possesses all of the qualifications set out in this section for a director. Thereafter, such candidate shall have his or her name placed on the ballot as a candidate for director;

              (4) The director or directors to be elected shall be elected at large. The person receiving the most votes shall be elected to the position having the longest term; the person receiving the second highest votes shall be elected to the position having the next longest term and so forth. For any district formed prior to August 28, 2003, of the initial directors, one-half shall serve for a two-year term, one-half shall serve for a four-year term and if an odd number of directors are elected, the director receiving the least number of votes shall serve for a two-year term, until such director's successor is elected. For any district formed on or after August 28, 2003, for the initial directors, one-half shall serve for a two-year term, and one-half shall serve for the term specified by the district pursuant to subdivision (5) of this subsection, and if an odd number of directors are elected, the director receiving the least number of votes shall serve for a two-year term, until such director's successor is elected, provided that if the terms of directors cannot be divided in accordance with this section because such directors received the same number of votes, the directors serving two- and four-year terms shall be designated either:

              (a) By a majority vote of directors at the first meeting thereof; or

              (b) If not determined under paragraph (a) of this subdivision, then thereafter by lot conducted by the election authority, after notification to the candidates of the time and place of such drawing;

              (5) Successor directors shall be elected in the same manner as the initial directors. The date of the election of successor directors shall be specified by the municipal clerk which date shall be a Tuesday and shall not be later than the date of the expiration of the stated term of the expiring director. If no registered voters reside in the district, then in lieu of the election referenced in this subsection, successor directors may be elected by the qualified voters at a meeting of the qualified voters called by the board for such purpose. For the purposes of such meeting, qualified voters may participate and vote by proxy or in any manner permitted by chapter 610, RSMo. If a qualified voter is participating in the meeting by proxy, the proxy shall be granted in writing and filed with the board of directors of the district at the meeting. At any such meeting, attendance by qualified voters owning in the aggregate more than fifty percent of the total acreage owned by qualified voters shall constitute a quorum. Each qualified voter shall be entitled to one vote per acre, prorated to the nearest one-tenth of an acre. Each successor director shall serve a term for the length specified prior to the election by the qualified voters of the district, which term shall be at least three years and not more than four years, and shall continue until such director's successor is elected. In the event of a vacancy on the board of directors, the remaining directors shall elect an interim director to fill the vacancy for the unexpired term.

              5. If the petition provides that the board is to be appointed by the municipality, such appointments shall be made by the chief elected officer of the municipality with the consent of the governing body of the municipality. For any district formed prior to August 28, 2003, of the initial appointed directors, one-half of the directors shall be appointed to serve for a two-year term and the remaining one-half shall be appointed to serve for a four-year term until such director's successor is appointed; provided that, if there is an odd number of directors, the last person appointed shall serve a two-year term. For any district formed on or after August 28, 2003, of the initial appointed directors, one-half shall be appointed to serve for a two-year term, and one-half shall be appointed to serve for the term specified by the district for successor directors pursuant to this subsection, and if an odd number of directors are appointed, the last person appointed shall serve for a two-year term; provided that each director shall serve until such director's successor is appointed. Successor directors shall be appointed in the same manner as the initial directors and shall serve for a term of years specified by the district prior to the appointment, which term shall be at least three years and not more than four years.

              6. If the petition states the names of the initial directors, those directors shall serve for the terms specified in the petition and successor directors shall be determined either by the above-listed election process or appointment process as provided in the petition.

              7. Any director may be removed for cause by a two-thirds affirmative vote of the directors of the board. Written notice of the proposed removal shall be given to all directors prior to action thereon.

              8. The board is authorized to act on behalf of the district, subject to approval of qualified voters as required in this section; except that, all official acts of the board shall be by written resolution approved by the board.


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

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

              (2) To sue and be sued;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

              (a) Pedestrian or shopping malls and plazas;

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

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

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

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

              (f) Lakes, dams, and waterways;

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

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

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

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

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

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

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

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

              (20) To acquire, operate, or to contract for the provision of buses, minibuses, or other modes of transportation;

              (21) Within its boundaries, to lease space for sidewalk café tables and chairs;

              [(21) Within its boundaries,] (22) To provide or contract for the provision of security personnel, equipment, or facilities for the protection of property and persons within the boundaries of the district;

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

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

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

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

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

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

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

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

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

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

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

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

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

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


              67.1521. 1. A district may levy by resolution one or more special assessments against real property within its boundaries, upon receipt of and in accordance with a petition signed by:

              (1) Owners of real property collectively owning more than fifty percent by assessed value of real property within the boundaries of the district which is to be subject to special assessments; and

              (2) More than fifty percent per capita of the owners of all real property within the boundaries of the district which is to be subject to special assessments.

              2. The special assessment petition shall be in substantially the following form:

              The ........................... (insert name of district) Community Improvement District ("District") shall be authorized to levy special assessments against real property benefited within the District for the purpose of providing revenue for ................. (insert general description of specific service and/or projects) in the district, such special assessments to be levied against each tract, lot or parcel of real property listed below within the district which receives special benefit as a result of such service and/or projects, the cost of which shall be allocated among this property by ........................ (insert method of allocation, e.g., per square foot of property, per square foot on each square foot of improvement, or by abutting foot of property abutting streets, roads, highways, parks or other improvements, or any other reasonable method) in an amount not to exceed ............. dollars per (insert unit of measure). Such authorization to levy the special assessment shall expire on ................. (insert date). The tracts of land located in the district which will receive special benefit from this service and/or projects are: ................. (list of properties by common addresses and legal descriptions).

              3. The method for allocating such special assessments set forth in the petition may be any reasonable method which results in imposing assessments upon real property benefited in relation to the benefit conferred upon each respective tract, lot or parcel of real property and the cost to provide such benefit.

              4. By resolution of the board, the district may levy a special assessment rate lower than the rate ceiling set forth in the petition authorizing the special assessment and may increase such lowered special assessment rate to a level not exceeding the special assessment rate ceiling set forth in the petition without further approval of the real property owners; provided that a district imposing a special assessment pursuant to this section may not repeal or amend such special assessment or lower the rate of such special assessment if such repeal, amendment or lower rate will impair the district's ability to pay any liabilities that it has incurred, money that it has borrowed or obligations that it has issued.

              5. Each special assessment which is due and owing shall constitute a perpetual lien against each tract, lot or parcel of property from which it is derived. Such lien may be foreclosed in the same manner as any other special assessment lien as provided in section 88.861, RSMo.

              6. A separate fund or account shall be created by the district for each special assessment levied and each fund or account shall be identifiable by a suitable title. The proceeds of such assessments shall be credited to such fund or account. Such fund or account shall be used solely to pay the costs incurred in undertaking the specified service or project.

              7. Upon completion of the specified service or project or both, the balance remaining in the fund or account established for such specified service or project or both shall be returned or credited against the amount of the original assessment of each parcel of property pro rata based on the method of assessment of such special assessment.

              8. Any funds in a fund or account created pursuant to this section which are not needed for current expenditures may be invested by the board in accordance with applicable laws relating to the investment of funds of the city in which the district is located.

              9. The authority of the district to levy special assessments shall be independent of the limitations and authorities of the municipality in which it is located; specifically, the provisions of section 88.812, RSMo, shall not apply to any district.


              67.1545. 1. Any district formed as a political subdivision may impose by resolution a district sales and use tax on all retail sales made in such district which are subject to taxation pursuant to sections 144.010 to 144.525, RSMo, except sales of motor vehicles, trailers, boats or outboard motors and sales to or by public utilities and providers of communications, cable, or video services. Any sales and use tax imposed pursuant to this section may be imposed in increments of one-eighth of one percent, up to a maximum of one percent. Such district sales and use tax may be imposed for any district purpose designated by the district in its ballot of submission to its qualified voters; except that, no resolution adopted pursuant to this section shall become effective unless the board of directors of the district submits to the qualified voters of the district, by [mail-in ballot,] any method specified in subsection 3 or 11 of this section, a proposal to authorize a sales and use tax pursuant to this section. In the case of an election, if a majority of the votes cast by the qualified voters on the proposed sales tax are in favor of the sales tax, then the resolution is adopted[.], and if a majority of the votes cast by the qualified voters are opposed to the sales tax, then the resolution is void.

              2. The ballot shall be substantially in the following form:

              Shall the ........................ (insert name of district) Community Improvement District impose a community improvement districtwide sales and use tax at the maximum rate of ............... (insert amount) for a period of ................ (insert number) years from the date on which such tax is first imposed for the purpose of providing revenue for ................................................ (insert general description of the purpose)?

              □ 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".

              3. Upon passage of the resolution described in subsection 1 of this section, in lieu of the election referenced in subsection 1 of this section, if no registered voters reside within the district, one hundred percent of the owners of real property in the district, according to real estate records of the recorder of deeds where the district is located as of the date of the submission of the petition to the board of directors of such district as described in this subsection, may authorize a sales and use tax by unanimous petition. Such petition shall state that the undersigned approve the resolution of the board imposing the sales tax. The signature block for each owner signing the petition shall be in substantially the form set forth in subdivision (4) of subsection 2 of section 67.1421 and shall contain the same information. Such petition shall be submitted to the board of directors of the district who shall verify that no registered voters reside within the district and the signatures thereon represent one hundred percent of the owners of real property in the district. The results of such verification shall be entered into the records of the district, and the date of such entry shall be equivalent of the date of the election held under subsection 1 of this section.

              4. Within ten days after the qualified voters have approved the imposition of the sales and use tax, or within ten days after district verification as provided in subsection 3 of this section, the district shall, in accordance with section 32.087, RSMo, notify the director of the department of revenue. The sales and use tax authorized by this section shall become effective on the first day of the second calendar quarter after the director of the department of revenue receives notice of the adoption of such tax.

              [4.] 5. The director of the department of revenue shall collect any tax adopted pursuant to this section pursuant to section 32.087, RSMo.

              [5.] 6. In each district in which a sales and use tax is imposed pursuant to this section, every retailer shall add such additional tax imposed by the district to such retailer's sale price, and when so added such tax shall constitute a part of the purchase price, 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.

              [6.] 7. In order to allow retailers to collect and report the sales and use tax authorized by this section as well as all other sales and use taxes required by law in the simplest and most efficient manner possible, a district may establish appropriate brackets to be used in the district imposing a tax pursuant to this section in lieu of the brackets provided in section 144.285, RSMo.

              [7.] 8. The penalties provided in sections 144.010 to 144.525, RSMo, shall apply to violations of this section.

              [8.] 9. All revenue received by the district from a sales and use tax imposed pursuant to this section which is designated for a specific purpose shall be deposited into a special trust fund and expended solely for such purpose. Upon the expiration of any sales and use tax adopted pursuant to this section, all funds remaining in the special trust fund shall continue to be used solely for the specific purpose designated in the resolution adopted by the qualified voters. Any funds in such special trust fund which are not needed for current expenditures may be invested by the board of directors pursuant to applicable laws relating to the investment of other district funds.

              [9.] 10. A district may repeal by resolution any sales and use tax imposed pursuant to this section before the expiration date of such sales and use tax unless the repeal of such sales and use tax will impair the district's ability to repay any liabilities the district has incurred, moneys the district has borrowed or obligation the district has issued to finance any improvements or services rendered for the district.

              [10.] 11. Notwithstanding the provisions of [chapter 115, RSMo, an election for a district sales and use tax under this section shall be conducted in accordance with the provisions of this section] sections 115.001 to 115.641, RSMo, the district may elect to proceed with the election under the provisions of sections 115.001 to 115.646, RSMo, or sections 115.650 to 115.660, RSMo, whether or not registered voters reside within the district.


              67.1551. 1. Notwithstanding the provisions of chapter 115, RSMo, an election for real estate tax pursuant to sections 67.1401 to 67.1571 shall be conducted in accordance with the provisions of this section.

              2. After the board has passed a resolution for the levy of real property tax and a vote of the qualified voters is required, the board shall provide written notice of such resolution to the election authority. The board shall be entitled to rescind such resolution provided that written notice of such rescission is delivered to the election authority prior to the time the election authority mails the ballots to the qualified voters.

              3. Upon receipt of written notice of a district's resolution for the levy of a real property tax the election authority shall:

              (1) Specify a date upon which the election shall occur which date shall be a Tuesday, and shall be not earlier than the tenth Tuesday, and not later than the fifteenth Tuesday, after the date of the board's passage of the resolution and shall not be on the same day as an election conducted pursuant to the provisions of chapter 115, RSMo;

              (2) Publish notice of the election in a newspaper of general circulation within the municipality two times. The first publication date shall be more than sixty days prior to the date of the election and the second publication date shall be not more than thirty days and not less than ten days prior to the date of the election. The published notice shall include, but not be limited to, the following information:

              (a) The name and general boundaries of the district;

              (b) The type of tax proposed, its rate, purpose and duration;

              (c) The date the ballots for the election shall be mailed to qualified voters;

              (d) The date of the election;

              (e) Qualified voters will consist of:

              a. Such persons who reside within the district and who are registered voters pursuant to the records of the election authority as of the thirtieth day prior to the date of the election; or

              b. If no such registered voters reside in the district, the owners of real property located within the district [pursuant to the tax records of the county clerk, or the collector of revenue if the district is located in a city not within a county] per the real estate records of the recorder of deeds where the district is located, for real property as of the thirtieth day prior to the date of the election;

              (f) A statement that persons residing in the district shall register to vote with the election authority on or before the thirtieth day prior to the date of the election in order to be a qualified voter for purposes of the election;

              (g) A statement that the ballot must be returned to the election authority's office in person, or by depositing the ballot in the United States mail addressed to the election authority's office and postmarked, not later than the date of the election; and

              (h) A statement that any qualified voter that did not receive a ballot in the mail or lost the ballot received in the mail may pick up a mail-in ballot at the election authority's office, specifying the dates and time such ballot will be available and the location of the election authority's office;

              (3) The election authority shall mail to each qualified voter not more than fifteen days and not less than ten days prior to the date of the election together with a notice containing substantially the same information as the published notice and a return addressed envelope directed to the election authority's office with a sworn affidavit on the reverse side of such envelope for the qualified voter's signature. For purposes of mailing ballots to real property owners only one ballot shall be mailed per capita at the address shown on the records of the county clerk, or the collector of revenue if the district is located in a city not within a county. Such affidavit shall be in substantially the following form: FOR REGISTERED VOTERS:

              I hereby declare under penalties of perjury that I reside in the .................... (insert name) Community Improvement District and I am a registered voter and qualified to vote in this election.

................................................

Qualified Voter's Signature

.................................................

Printed Name of Qualified Voter

FOR REAL PROPERTY OWNERS:

              I hereby declare under penalty of perjury that I am the owner of real property in the ............... (insert name) Community Improvement District and qualified to vote in this election, or authorized to affix my signature on behalf of the owner (named below) of real property in the ............... (insert name) Community Improvement District which is qualified to vote in this election.

..................................................

Signature

...................................................

Print Name of Real Property Owner

If Signer is Different from Owner:

Name of Signer: ................................................. State Basis of Legal Authority to Sign: ........................ All persons or entities having a fee ownership in the property shall sign the ballot. Additional signature pages may be affixed to this ballot to accommodate all required signatures.

              4. Each qualified voter shall have one vote. Each voted ballot shall be signed with the authorized signature.

              5. Mail-in ballots shall be returned to the election authority's office in person, or by depositing the ballot in the United States mail addressed to the election authority's office and postmarked, no later than the date of the election. The election authority shall transmit all voted ballots to a team of judges of not less than four, with an equal number from each of the two major political parties. The judges shall be selected by the municipal clerk from lists compiled by the election authority. Upon receipt of the voted ballots, the judges shall verify the authenticity of the ballots, canvass the votes, and certify the results. Certification by the election judges shall be final and shall be immediately transmitted to the election authority. Any qualified voter who voted in such election may contest the result in the same manner as provided in chapter 115, RSMo.

              6. The results of the election shall be entered upon the records of the election authority and a certified copy of the election results shall be filed with the municipal clerk, who shall cause the same to be entered upon the records of the municipal clerk.

              7. The district shall reimburse the election authority for the costs it incurs to conduct an election under this section.


              71.1000. 1. The governing body of any city, town, or village located in any county with a charter form of government and with more than one million inhabitants may enter into an annexation agreement with one or more of the owners of record of real property in unincorporated areas near the city, town, or village. The real property may be annexed to the city, town, or village in the manner provided in this chapter at the time the real property is or becomes contiguous to the city, town, or village. The annexation agreement shall be valid and binding for a period of not to exceed twenty years from the date of its execution.

              2. Any such annexation agreement may provide for the following as it relates to the real property that is the subject of the agreement:

              (1) The annexation of such territory to the city, town, or village, subject to the provisions of this chapter;

              (2) The continuation in effect, or amendment, or continuation in effect as amended, of any ordinance relating to subdivision controls, zoning, official plan, and building, housing, and related restrictions. Any public hearing required by law to be held before the adoption of any ordinance amendment provided in the agreement shall be held before the execution of the agreement, and all ordinance amendments provided in the agreement shall be enacted according to law;

              (3) A limitation upon increases in permit fees required by the city, town, or village;

              (4) Contributions of either real property or moneys, or both, to any political subdivision having jurisdiction over all or part of real property that is the subject matter of any annexation agreement entered into under this section shall be deemed valid when made and shall survive the expiration date of any such annexation agreement with respect to all or any part of the real property that was the subject matter of the annexation agreement;

              (5) The granting of utility franchises for the real property;

              (6) The abatement of property taxes; and

              (7) Any other matter not inconsistent with nor prohibited by law.

              3. Any action taken by the governing body of the city, town, or village during the period in which the agreement is in effect that would be a breach of the agreement if it applied to the real property which is the subject of the agreement shall not apply to the real property without an amendment of such agreement.

              4. After the expiration date of any annexation agreement and unless otherwise provided for within the annexation agreement or an amendment to the annexation agreement, the provisions of any ordinance relating to the zoning of the real property that is provided for within the agreement or an amendment to the agreement shall remain in effect unless modified in accordance with law.

              5. Real property that is the subject of an annexation agreement adopted under this section is subject to the ordinances, control, and jurisdiction of the annexing city, town, or village in all respects the same as real property that lies within the annexing city, town, or village's corporate limits.

              6. Any annexation agreement and all amendments of annexation agreements shall be entered into as provided in this section. The governing body of the city, town, or village shall fix a time for and hold a public hearing upon the proposed annexation agreement or amendment, and shall give notice of the proposed agreement or amendment not more than thirty nor less than fifteen days before the date fixed for the hearing. The notice shall be published at least once in one or more newspapers published in the city, town, or village, or, if no newspaper is published there, then in one or more newspapers with a general circulation within the annexing city, town, or village. After the hearing the agreement or amendment may be modified before execution of the agreement or amendment. The annexation agreement or amendment shall be executed by the mayor or chief executive of the city, town, or village, and attested by the clerk of the city, town, or village only after the hearing and upon the adoption of a resolution or ordinance directing the execution. The resolution or ordinance shall not become effective unless approved by a vote of two-thirds of the governing body of the city, town, or village then holding office.

              7. Any annexation agreement executed under this section shall be binding upon the successor owners of record of the real property which is the subject of the agreement and upon successor authorities of the city, town, or village and successor cities, towns, or villages. Any party to the agreement may by civil action, mandamus, injunction, or other proceeding, enforce and compel performance of the agreement.

              8. Any lawsuit to enforce and compel performance of the agreement shall be filed within the effective term of the agreement, or within five years from the date the cause of action accrued, whichever time is later.

              9. Whenever a municipal ordinance or an annexation agreement authorized under this section requires the installation of water mains, sanitary sewers, drains, or other facilities for sewers and drains, the construction of any roadways, or the installation of any traffic signals or other traffic-related improvements as a condition of either the acceptance of a preliminary or final subdivision or plat, or a preliminary or final planned unit development plan, or the issuance of a building permit and where, in the opinion of the governing body of the city, town, or village , the facilities, roadways, or improvements may be used for the benefit of property not in the subdivision or planned unit development or outside the property for which a building permit has been issued, and the water mains, sanitary sewers, drains, or other facilities, roadways, or improvements are to be dedicated to the public, the governing body of the city, town, or village may by contract with the developer agree to reimburse and may reimburse the developer for a portion of the cost of the facilities, roadways, and improvements from fees charged to owners of property not within the subdivision, planned unit development, or property for which a building permit has been issued when and as collected from the owners. The contract shall describe the property outside the subdivision, planned unit development, or property for which a building permit has been issued that may reasonably be expected to benefit from the facilities, roadways, or improvements that are required to be constructed under the contract, and shall specify the amount or proportion of the cost of the facilities, roadways, or improvements that is to be incurred primarily for the benefit of that property. The contract shall provide that the municipality shall collect fees charged to owners of property not within the subdivision, planned unit development, or property for which a building permit has been issued at any time before the connection to and use of the facilities, roadways, or improvements by the respective properties of each owner. The contract may contain other and further provisions and agreements concerning the construction, installation, completion, and acceptance of the facilities, roadways, or improvements that the governing body of the city, town, or village in its opinion deems proper, and may also provide for the payment to the developer of a reasonable amount of interest on the amount expended by the developer in completing the facilities, roadways, and improvements, the interest to be calculated from and after the date of completion and acceptance of the facilities, roadways, and improvements.

              10. Any contract entered into between the governing body of a municipality and a developer under this section shall be filed with the recorder of each county in which all or a part of the property affected thereby is located. The recording of the contract in this manner shall serve to notify persons interested in such property of the fact that there will be a charge in relation to such property for the connection to and use of the facilities constructed under the contract."; and


              Further amend said substitute, Section 82.300, Page 11, Line 30, by inserting immediately after all of said section and line the following:


              "84.150. The officers of the police force in each such city shall be as follows: One chief of police with the rank of colonel; [one assistant chief of police with the rank of lieutenant colonel; one chief of detectives with the rank of lieutenant colonel; one inspector of police with the rank of lieutenant colonel; and two other lieutenant colonels, making a total of five lieutenant colonels, except that upon reaching two thousand eighty-seven patrolmen pursuant to the provisions of section 84.100 an additional lieutenant colonel shall be appointed, making a total of six lieutenant colonels; one assistant chief of detectives with the rank of major and five other majors, except that upon reaching two thousand eighty-seven patrolmen pursuant to the provisions of section 84.100 an additional major shall be appointed, making a total of seven majors; twenty-two captains, except that upon reaching two thousand eighty-seven patrolmen pursuant to the provisions of section 84.100 an additional two captains shall be appointed, making a total of twenty-four captains; sixty-seven lieutenants, except that for each thirty-eight additional patrolmen appointed pursuant to the provisions of section 84.100 an additional lieutenant shall be appointed; two hundred sixty sergeants, except that for each nine additional patrolmen appointed pursuant to the provisions of section 84.100 an additional sergeant shall be appointed. No further appointments to the rank of corporal shall hereafter be made, but all members of the force now holding the rank of corporal shall continue in such rank until their promotion, demotion, removal, resignation or other separation from the force] lieutenant colonels, not to exceed five in number and other such ranks and number of members within such ranks as the board from time to time deems necessary. The officers of the police force shall have commissions issued to them by the boards of police commissioners, and those heretofore and those hereafter commissioned shall serve so long as they shall faithfully perform their duties and possess the necessary mental and physical ability, and be subject to removal only for cause after a hearing by the board, who are hereby invested with exclusive jurisdiction in the premises. [Any increase in the number of officers to be appointed, in addition to that provided for above, shall be permitted upon recommendation by the board of police commissioners with the approval of the municipal board of estimate and apportionment.]


              84.175. 1. Upon recommendation of the chief of police, the board may authorize and provide for the organization of a police reserve force composed of [residents of the city] members who receive a service retirement under the provisions of sections 86.200 to 86.366, RSMo, and who qualify under the provisions of section 84.120. Such reserve force shall be under the command of the chief of police and shall be provided training, equipment, uniforms, and arms as the chief shall direct with the approval of the board[; and when assigned to active duty the]. Members of the reserve force shall possess all of the powers of regular police officers and shall be subject to all laws and regulations applicable to police officers; provided, however, that the city council or other governing body of any such city may in its discretion fix a total in number which the reserve force may not exceed.

              2. In event of riot or other emergencies as declared and defined by the mayor, in concurrence with the board, the board, upon recommendation of the chief, may appoint special officers or patrolmen for temporary service in addition to the police reserve force herein provided for, but the length of time for which such officers or patrolmen shall be employed shall be limited to the time during which such emergency shall exist."; and


              86.200. The following words and phrases as used in sections 86.200 to 86.366, unless a different meaning is plainly required by the context, shall have the following meanings:

              (1) "Accumulated contributions", the sum of all mandatory contributions deducted from the compensation of a member and credited to the member's individual account, together with members' interest thereon;

              (2) "Actuarial equivalent", a benefit of equal value when computed upon the basis of mortality tables and interest assumptions adopted by the board of trustees;

              (3) "Average final compensation":

              (a) With respect to a member who earns no creditable service on or after October 1, 2001, the average earnable compensation of the member during the member's last three years of creditable service as a police officer, or if the member has had less than three years of creditable service, the average earnable compensation of the member's entire period of creditable service;

              (b) With respect to a member who is not participating in the DROP pursuant to section 86.251 on October 1, 2001, who did not participate in the DROP at any time before such date, and who earns any creditable service on or after October 1, 2001, the average earnable compensation of the member during the member's last two years of creditable service as a policeman, or if the member has had less than two years of creditable service, then the average earnable compensation of the member's entire period of creditable service;

              (c) With respect to a member who is participating in the DROP pursuant to section 86.251 on October 1, 2001, or whose participation in DROP ended before such date, who returns to active participation in the system pursuant to section 86.251, and who terminates employment as a police officer for reasons other than death or disability before earning at least two years of creditable service after such return, the portion of the member's benefit attributable to creditable service earned before DROP entry shall be determined using average final compensation as defined in paragraph (a) of this subdivision; and the portion of the member's benefit attributable to creditable service earned after return to active participation in the system shall be determined using average final compensation as defined in paragraph (b) of this subdivision;

              (d) With respect to a member who is participating in the DROP pursuant to section 86.251 on October 1, 2001, or whose participation in the DROP ended before such date, who returns to active participation in the system pursuant to section 86.251, and who terminates employment as a police officer after earning at least two years of creditable service after such return, the member's benefit attributable to all of such member's creditable service shall be determined using the member's average final compensation as defined in paragraph (b) of this subdivision;

              (e) With respect to a member who is participating in the DROP pursuant to section 86.251 on October 1, 2001, or whose participation in DROP ended before such date, who returns to active participation in the system pursuant to section 86.251, and whose employment as a police officer terminates due to death or disability after such return, the member's benefit attributable to all of such member's creditable service shall be determined using the member's average final compensation as defined in paragraph (b) of this subdivision; and

              (f) With respect to the surviving spouse or surviving dependent child of a member who earns any creditable service on or after October 1, 2001, the average earnable compensation of the member during the member's last two years of creditable service as a police officer or, if the member has had less than two years of creditable service, the average earnable compensation of the member's entire period of creditable service;

              (4) "Beneficiary", any person in receipt of a retirement allowance or other benefit;

              (5) "Board of police commissioners", any board of police commissioners, police commissioners and any other officials or boards now or hereafter authorized by law to employ and manage a permanent police force in such cities;

              (6) "Board of trustees", the board provided in sections 86.200 to 86.366 to administer the retirement system;

              (7) "Creditable service", prior service plus membership service as provided in sections 86.200 to 86.366;

              (8) "DROP", the deferred retirement option plan provided for in section 86.251;

              (9) "Earnable compensation", the annual salary which a member would earn during one year on the basis of the member's rank or position as specified in the applicable salary matrix in section 84.160, RSMo, plus additional compensation for academic work as provided in subsection 8 of section 84.160, RSMo, plus shift differential as provided in subdivision (4) of subsection 9 of section 84.160, RSMo. Such amount shall include the member's deferrals to a deferred compensation plan pursuant to Section 457 of the Internal Revenue Code or to a cafeteria plan pursuant to Section 125 of the Internal Revenue Code or, effective October 1, 2001, to a transportation fringe benefit program pursuant to Section 132(f)(4) of the Internal Revenue Code. Earnable compensation shall not include a member's additional compensation for overtime, standby time, court time, nonuniform time or unused vacation time. Notwithstanding the foregoing, the earnable compensation taken into account under the plan established pursuant to sections 86.200 to 86.366 with respect to a member who is a noneligible participant, as defined in this subdivision, for any plan year beginning on or after October 1, 1996, shall not exceed the amount of compensation that may be taken into account under Section 401(a)(17) of the Internal Revenue Code, as adjusted for increases in the cost of living, for such plan year. For purposes of this subdivision, a "noneligible participant" is an individual who first becomes a member on or after the first day of the first plan year beginning after the earlier of:

              (a) The last day of the plan year that includes August 28, 1995; or

              (b) December 31, 1995;

              (10) "Internal Revenue Code", the federal Internal Revenue Code of 1986, as amended;

              (11) "Mandatory contributions", the contributions required to be deducted from the salary of each member who is not participating in DROP in accordance with section 86.320;

              (12) "Medical board", the board of physicians provided for in section 86.237;

              (13) "Member", a member of the retirement system as defined by sections 86.200 to 86.366;

              (14) "Members' interest", interest on accumulated contributions at such rate as may be set from time to time by the board of trustees;

              (15) "Membership service", service as a policeman rendered since last becoming a member, except in the case of a member who has served in the armed forces of the United States and has subsequently been reinstated as a policeman, in which case "membership service" means service as a policeman rendered since last becoming a member prior to entering such armed service;

              (16) "Plan year" or "limitation year", the twelve consecutive-month period beginning each October first and ending each September thirtieth;

              (17) "Policeman" or "police officer", any member of the police force of such cities who holds a rank in such police force for which the annual salary is listed in section 84.160, RSMo;

              (18) "Prior service", all service as a policeman rendered prior to the date the system becomes operative or prior to membership service which is creditable in accordance with the provisions of sections 86.200 to 86.366;

              (19) "Reserve officer", any member of the police reserve force of such cities, armed or unarmed, who works less than full time without compensation, and who, by his or her assigned function or as implied by his or her uniform, performs duties associated with those of a police officer and who currently receives a service retirement as provided by sections 86.200 to 86.366;

              (20) "Retirement allowance", annual payments for life as provided by sections 86.200 to 86.366 which shall be payable in equal monthly installments or any benefits in lieu thereof granted to a member upon termination of employment as a police officer and actual retirement;

              [(20)] (21) "Retirement system", the police retirement system of the cities as defined in sections 86.200 to 86.366;

              [(21)] (22) "Surviving spouse", the surviving spouse of a member who was the member's spouse at the time of the member's death.


              86.207. 1. All persons who become policemen and all policemen who enter or reenter the service of the city after the first day of October, 1957, become members as a condition of their employment and shall receive no pensions or retirement allowance from any other pension or retirement system supported wholly or in part by the city or the state of Missouri, nor shall they be required to make contributions under any other pension or retirement system of the city or the state of Missouri, anything to the contrary notwithstanding.

              2. If any member ceases to be in service for more than one year unless the member has attained the age of fifty-five or has twenty years or more of creditable service, or if the member withdraws the member's accumulated contributions or if the member receives benefits under the retirement system or dies, the member thereupon ceases to be a member; except in the case of a member who has served in the armed forces of the United States and has subsequently been reinstated as a policeman. A member who has terminated employment as a police officer, has actually retired and is receiving retirement benefits under the system shall be considered a retired member.

              3. A reserve officer shall not be considered a member of the system for the purpose of determining creditable service, nor shall any contributions be due. A reserve officer shall not be entitled to any benefits from the system other than those awarded when the reserve officer originally retired under section 86.250, nor shall service as a reserve officer prohibit distribution of those benefits.


              99.865. 1. Each year the governing body of the municipality, or its designee, shall prepare a report concerning the status of each redevelopment plan and redevelopment project, and shall submit a copy of such report to the director of the department of economic development. The report shall include the following:

              (1) The amount and source of revenue in the special allocation fund;

              (2) The amount and purpose of expenditures from the special allocation fund;

              (3) The amount of any pledge of revenues, including principal and interest on any outstanding bonded indebtedness;

              (4) The original assessed value of the redevelopment project;

              (5) The assessed valuation added to the redevelopment project;

              (6) Payments made in lieu of taxes received and expended;

              (7) The economic activity taxes generated within the redevelopment area in the calendar year prior to the approval of the redevelopment plan, to include a separate entry for the state sales tax revenue base for the redevelopment area or the state income tax withheld by employers on behalf of existing employees in the redevelopment area prior to the redevelopment plan;

              (8) The economic activity taxes generated within the redevelopment area after the approval of the redevelopment plan, to include a separate entry for the increase in state sales tax revenues for the redevelopment area or the increase in state income tax withheld by employers on behalf of new employees who fill new jobs created in the redevelopment area;

              (9) Reports on contracts made incident to the implementation and furtherance of a redevelopment plan or project;

              (10) A copy of any redevelopment plan, which shall include the required findings and cost-benefit analysis pursuant to subdivisions (1) to (6) of section 99.810;

              (11) The cost of any property acquired, disposed of, rehabilitated, reconstructed, repaired or remodeled;

              (12) The number of parcels acquired by or through initiation of eminent domain proceedings; and

              (13) Any additional information the municipality deems necessary.

              2. Data contained in the report mandated pursuant to the provisions of subsection 1 of this section and any information regarding amounts disbursed to municipalities pursuant to the provisions of section 99.845 shall be deemed a public record, as defined in section 610.010, RSMo. An annual statement showing the payments made in lieu of taxes received and expended in that year, the status of the redevelopment plan and projects therein, amount of outstanding bonded indebtedness and any additional information the municipality deems necessary shall be published in a newspaper of general circulation in the municipality.

              3. Five years after the establishment of a redevelopment plan and every five years thereafter the governing body shall hold a public hearing regarding those redevelopment plans and projects created pursuant to sections 99.800 to 99.865. The purpose of the hearing shall be to determine if the redevelopment project is making satisfactory progress under the proposed time schedule contained within the approved plans for completion of such projects. Notice of such public hearing shall be given in a newspaper of general circulation in the area served by the commission once each week for four weeks immediately prior to the hearing.

              4. The director of the department of economic development shall submit a report to the state auditor, the speaker of the house of representatives and the president pro tem of the senate no later than February first of each year. The report shall contain a summary of all information received by the director pursuant to this section.

              5. For the purpose of coordinating all tax increment financing projects using new state revenues, the director of the department of economic development may promulgate rules and regulations to ensure compliance with this section. Such rules and regulations may include methods for enumerating all of the municipalities which have established commissions pursuant to section 99.820. No rule or portion of a rule promulgated under the authority of sections 99.800 to 99.865 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo. All rulemaking authority delegated prior to June 27, 1997, is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to June 27, 1997, if such rule complied with the provisions of chapter 536, RSMo. The provisions of this section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, including the ability to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule, are subsequently held unconstitutional, then the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void.

              6. The department of economic development shall provide information and technical assistance, as requested by any municipality, on the requirements of sections 99.800 to 99.865. Such information and technical assistance shall be provided in the form of a manual, written in an easy-to-follow manner, and through consultations with departmental staff.

              7. Any municipality which fails to comply with the reporting requirements provided in this section shall be prohibited from implementing any new tax increment finance project for a period of no less than five years from such municipality's failure to comply.

              8. Based upon the information provided in the reports required under the provisions of this section, the state auditor shall make available for public inspection on the auditor's web site, a searchable electronic database of such municipal tax increment finance reports. All information contained within such database shall be maintained for a period of no less than ten years from initial posting.


              105.145. 1. The following definitions shall be applied to the terms used in this section:

              (1) "Governing body", the board, body, or persons in which the powers of a political subdivision as a body corporate, or otherwise, are vested;

              (2) "Political subdivision", any agency or unit of this state, except counties and school districts, which now is, or hereafter shall be, authorized to levy taxes or empowered to cause taxes to be levied.

              2. The governing body of each political subdivision in the state shall cause to be prepared an annual report of the financial transactions of the political subdivision in such summary form as the state auditor shall prescribe by rule, except that the annual report of political subdivisions whose cash receipts for the reporting period are ten thousand dollars or less shall only be required to contain the cash balance at the beginning of the reporting period, a summary of cash receipts, a summary of cash disbursements and the cash balance at the end of the reporting period.

              3. Within such time following the end of the fiscal year as the state auditor shall prescribe by rule, the governing body of each political subdivision shall cause a copy of the annual financial report to be remitted to the state auditor.

              4. The state auditor shall immediately on receipt of each financial report acknowledge the receipt of the report.

              5. In any fiscal year no member of the governing body of any political subdivision of the state shall receive any compensation or payment of expenses after the end of the time within which the financial statement of the political subdivision is required to be filed with the state auditor and until such time as the notice from the state auditor of the filing of the annual financial report for the fiscal year has been received.

              6. The state auditor shall prepare sample forms for financial reports and shall mail the same to the political subdivisions of the state. Failure of the auditor to supply such forms shall not in any way excuse any person from the performance of any duty imposed by this section.

              7. All reports or financial statements hereinabove mentioned shall be considered to be public records.

              8. The provisions of this section apply to the board of directors of every transportation development district organized under sections 238.200 to 238.275, RSMo. Any transportation development district that fails to timely submit a copy of the annual financial statement to the state auditor shall be subject to a fine not to exceed fifty dollars per day."; and


              Further amend said substitute, Section 217.460, Page 39, Line 11, by inserting immediately after all of said section and line the following:


              "227.409. The portion of interstate highway I-64/US 40 from the McClausland/Skinker interchange east to the I-64/I-55 interchange shall be designated the "Jack Buck Memorial Highway". The department of transportation shall erect and maintain appropriate signs designating such highway designation, with the cost to be paid for by private donation.


              238.202. 1. As used in sections 238.200 to 238.275, the following terms mean:

              (1) "Board", the board of directors of a district;

              (2) "Commission", the Missouri highways and transportation commission;

              (3) "District", a transportation development district organized under sections 238.200 to 238.275;

              (4) "Local transportation authority", a county, city, town, village, county highway commission, special road district, interstate compact agency, or any local public authority or political subdivision having jurisdiction over any bridge, street, highway, dock, wharf, ferry, lake or river port, airport, railroad, light rail or other transit improvement or service;

              (5) "Owner", the individual or individuals or entity or entities who own a fee interest in real property that is located within the district or their legally authorized representative or representatives; in the case of real property owned by individuals or entities as joint tenants, tenants in common, tenants by the entirety, or tenants in partnership, such joint tenants, tenants in common, tenants by the entirety, or tenants in partnership shall be considered one owner collectively for purposes of any vote cast or petition executed;

              (6) "Project" includes any bridge, street, road, highway, access road, interchange, intersection, signing, signalization, parking lot, bus stop, station, garage, terminal, hangar, shelter, rest area, dock, wharf, lake or river port, airport, railroad, light rail, or other mass transit and any similar or related improvement or infrastructure.

              2. For the purposes of sections 11(c), 16 and 22 of article X of the Constitution of Missouri, section 137.073, RSMo, and as used in sections 238.200 to 238.275, the following terms shall have the meanings given:

              (1) "Approval of the required majority" or "direct voter approval", a simple majority;

              (2) "Qualified electors", "qualified voters" or "voters":

              (a) Within a proposed or established district, [except for a district proposed under subsection 1 of section 238.207,] any persons residing therein who have registered to vote pursuant to chapter 115, RSMo; or

              (b) [Within a district proposed or established under subsection 1 of section 238.207 which has no persons residing therein who have registered to vote pursuant to chapter 115, RSMo] If no persons registered to vote under chapter 115, RSMo, reside within the proposed or established district, the owners of record of all real property located in the proposed or established district, who shall receive one vote per acre owned, prorated to the nearest one-tenth of an acre [, provided that if a registered voter subsequent to the creation of the district becomes a resident within the district and obtains ownership of property within the district, such registered voter must elect whether to vote as an owner of real property or as a registered voter, which election once made cannot thereafter be changed]; or

              (c) Within a district proposed or established under subsection 6 of section 238.207, any persons residing therein who have registered to vote under chapter 115, RSMo, and the owners of record of all real property located in the proposed or established district, who shall each receive one vote; provided that any registered voter who also owns property in the proposed or established district must elect at each election whether to vote as an owner or a registered voter and may not receive more than one vote;

              (3) "Registered voters", persons qualified and registered to vote pursuant to chapter 115, RSMo.


              238.207. 1. Whenever the creation of a district is desired, not less than fifty registered voters from each county partially or totally within the proposed district may file a petition requesting the creation of a district. However, if no persons eligible to be registered voters reside within the district, the owners of record of all of the real property, except public streets, located within the proposed district may file a petition requesting the creation of a district. The petition shall be filed in the circuit court of any county partially or totally within the proposed district.

              2. Alternatively, the governing body of any local transportation authority within any county in which a proposed project may be located may file a petition in the circuit court of that county, requesting the creation of a district.

              3. The proposed district area shall be contiguous and may contain all or any portion of one or more municipalities and counties; provided:

              (1) Property separated only by public streets, easements or rights-of-way shall be considered contiguous;

              (2) In the case of a district formed pursuant to a petition filed by the owners of record of all of the real property located within the proposed district, the proposed district area need not contain contiguous properties if:

              (a) The petition provides that the only funding method for project costs will be a sales tax;

              (b) The court finds that all of the real property located within the proposed district will benefit by the projects to be undertaken by the district; and

              (c) Each parcel within the district is within five miles of every other parcel; and

              (3) In the case of a district created pursuant to subsection 5 of this section, property separated only by public streets, easements, or rights-of-way or connected by a single public street, easement, or right-of-way shall be considered contiguous.

              4. The petition shall set forth:

              (1) The name, voting residence and county of residence of each individual petitioner, or, if no persons eligible to be registered voters reside within the proposed district, the name and address of each owner of record of real property located within the proposed district, or shall recite that the petitioner is the governing body of a local transportation authority acting in its official capacity;

              (2) The name and address of each respondent. Respondents must include the commission and each affected local transportation authority within the proposed district, except a petitioning local transportation authority;

              (3) A specific description of the proposed district boundaries including a map illustrating such boundaries;

              (4) A general description of each project proposed to be undertaken by that district, including a description of the approximate location of each project;

              (5) The estimated project costs and the anticipated revenues to be collected from the project;

              (6) The name of the proposed district;

              (7) The number of members of the board of directors of the proposed district, which shall be not less than five or more than fifteen;

              (8) A statement that the terms of office of initial board members shall be staggered in approximately equal numbers to expire in one, two or three years;

              (9) If the petition was filed by registered voters or by a governing body, a request that the question be submitted to the qualified voters within the limits of the proposed district whether they will establish a transportation development district to develop a specified project or projects;

              (10) A proposal for funding the district initially, pursuant to the authority granted in sections 238.200 to 238.275, together with a request that the funding proposal be submitted to the qualified voters within the limits of the proposed district; provided, however, the funding method of special assessments may also be approved as provided in subsection 1 of section 238.230; [and]

              (11) A statement that the proposed district shall not be an undue burden on any owner of property within the district and is not unjust or unreasonable; and

              (12) Details of the budgeted expenditures, including estimated expenditures for real physical improvements, estimated land acquisition expenses, estimated expenses for professional services.

              5. (1) As an alternative to the methods described in subsections 1 and 2 of this section, if two or more local transportation authorities have adopted resolutions calling for the joint establishment of a district, the governing body of any one such local transportation authority may file a petition in the circuit court of any county in which the proposed project is located requesting the creation of a district; or, if not less than fifty registered voters from each of two or more counties sign a petition calling for the joint establishment of a district for the purpose of developing a project that lies in whole or in part within those same counties, the petition may be filed in the circuit court of any of those counties in which not less than fifty registered voters have signed the petition.

              (2) The proposed district area shall be contiguous and may contain all or any portion of one or more municipalities and counties. Property separated only by public streets, easements, or rights-of-way or connected by a single public street, easement, or right-of-way shall be considered contiguous.

              (3) The petition shall set forth:

              (a) That the petitioner is the governing body of a local transportation authority acting in its official capacity; or, if the petition was filed by obtaining the signatures of not less than fifty registered voters in each of two or more counties, it shall set forth the name, voting residence, and county of residence of each individual petitioner;

              (b) The name of each local transportation authority within the proposed district. The resolution of the governing body of each local transportation authority calling for the joint establishment of the district shall be attached to the petition;

              (c) The name and address of each respondent. Respondents must include the commission and each affected local transportation authority within the proposed district, except a petitioning local transportation authority;

              (d) A specific description of the proposed district boundaries including a map illustrating such boundaries;

              (e) A general description of each project proposed to be undertaken by the district, including a description of the approximate location of each project;

              (f) The name of the proposed district;

              (g) The number of members of the board of directors of the proposed district;

              (h) A request that the question be submitted to the qualified voters within the limits of the proposed district whether they will establish a transportation development district to develop the projects described in the petition;

              (i) A proposal for funding the district initially, pursuant to the authority granted in sections 238.200 to 238.275, together with a request that the imposition of the funding proposal be submitted to the qualified voters residing within the limits of the proposed district; provided, however, the funding method of special assessments may also be approved as provided in subsection 1 of section 238.230; and

              (j) A statement that the proposed district shall not be an undue burden on any owner of property within the district and is not unjust or unreasonable.

              6. Notwithstanding other provisions of this section to the contrary, in any county of the first classification with more than one hundred four thousand six hundred but fewer than one hundred four thousand seven hundred inhabitants, the owners of record of a majority by acreage of the real property, except public streets, located within the proposed district may file a petition in the circuit court of that county requesting the creation of a district. The petition shall set forth:

              (1) For each owner of record of real property located within the proposed district, the name, address, and acreage of real property owned within the proposed district;

              (2) The total acreage of real property located within the proposed district;

              (3) The name and address of each respondent. Respondents must include the commission and each affected local transportation authority within the proposed district, except a petitioning local transportation authority;

              (4) A specific description of the proposed district boundaries including a map illustrating such boundaries;

              (5) A general description of each project proposed to be undertaken by the district, including a description of the approximate location of each project;

              (6) The estimated project costs and the anticipated revenues to be collected from the project;

              (7) The name of the proposed district;

              (8) The number of members of the board of directors of the proposed district;

              (9) A request that the question be submitted to the qualified voters within the limits of the proposed district whether they will establish a transportation development district to develop the projects described in the petition;

              (10) A proposal for funding the district initially, pursuant to the authority granted in sections 238.200 to 238.280, together with a request that the funding proposal be submitted to the qualified voters within the limits of the proposed district; provided, however, the funding method of special assessments may also be approved as provided in subsection 1 of section 238.230; and

              (11) A statement that the proposed district shall not be an undue burden on any owner of property within the district and is not unjust or unreasonable.


              238.208. 1. The owners of property adjacent to a transportation district formed under the Missouri transportation development district act may petition the court by unanimous petition to add their property to the district. If the property owners within the transportation development district unanimously approve of the addition of property, the adjacent properties in the petition shall be added to the district. [Any property added under this section shall be subject to all projects, taxes, and special assessments in effect as of the date of the court order adding the property to the district. The owners of the added property shall be allowed to vote at the next election scheduled for the district to fill vacancies on the board and on any other question submitted to them by the board under this chapter. The owners of property added under this section shall have one vote per acre in the same manner as provided in subdivision (2) of subsection 2 of section 238.220.]

              2. (1) As an alternative to the method described in subsection 1 of this section, at any time during the existence of a district, the board of directors of such district may pass a resolution to add property to the district's boundaries; provided that:

              (a) A verified petition signed by all of the qualified voters within the area proposed to be added to the district requesting the additional property be added to the boundaries of the district is filed with the board of directors. The petition shall include a notice that the signatures of the owners may not be withdrawn later than seven days after the petition is filed with the district; and

              (b) The board of directors of the district holds a public hearing concerning the matter not less than fourteen and not more than sixty days after the verified petition is received and gives notice of the public hearing by publication in a newspaper of general circulation within the district once a week for two consecutive weeks prior to the week of the public hearing and registered or certified United States mail with a return receipt attached to all of the qualified voters within the area proposed to be added to the district not less than fifteen days prior to the public hearing. The published and mailed notices shall include the following:

              a. The date, time, and place of the public hearing;

              b. A statement that a petition to amend the boundaries of the district has been filed with the board of directors of the district;

              c. A specific description of the property to be added to the district's boundaries and a map illustrating the proposed boundaries;

              d. A statement that a copy of the petition is available for review at the principal office of the district during regular business hours; and

              e. A statement that all interested persons shall be given an opportunity to be heard at the public hearing and may submit written objections to the proposed amendment to the district's boundaries which shall be fairly and duly considered by the board of directors;

              (c) The board of directors of the district finds that:

              a. The amended district boundaries meet the requirements of subsection 3 of section 238.207;

              b. Any funding mechanism currently in effect within the district shall extend to the additional property;

              c. The district shall not be an undue burden on any owner of property within the district; and

              d. The amendment to the district's boundaries is not unjust or unreasonable; and

              (d) No written objection to the proposed amendment to the district's boundaries signed by at least ten percent of the qualified voters of the district is filed with the board of directors of the district within seven days after the close of the public hearing.

              (2) If a written objection to the proposed amendment to the district's boundaries signed by at least ten percent of the qualified voters of the district is filed with the board of directors of the district within seven days after the close of the public hearing, the board of directors shall submit the question whether to amend the district's boundaries to the qualified voters within the proposed limits of the district. If the question is approved by the majority of qualified voters within the proposed limits of the district, the board of directors shall extend the district's boundaries by resolution.

              (3) Any resolution passed by the board of directors of a district under this subsection shall include a specific description of the district's new boundary and the funding mechanisms currently in effect within the district.

              (4) Upon passage of a resolution under this subsection, the district shall file a certified copy of the resolution and the verified petition with the circuit court of the county in which the petition creating the district was filed and request that the court enter its judgment that the district's boundaries be amended. The court shall hear the case without a jury. If the resolution is not defective, the proposed amendment to the district's boundary is not illegal, unconstitutional, unjust, or unreasonable and the district is not an undue burden on any owner of property within the district, the court shall enter its judgment to that effect.

              (5) The district shall also cause a certified copy of the resolution to be filed with the county clerk of each county in which a portion of the proposed district lies, who shall cause the same to be spread upon the records of the county commission.

              3. Any property added to a district under subsection 1 or 2 of this section shall be subject to all funding mechanisms, projects, and obligations of the district as of the date of the court order adding the property to the district. The owners of the added property shall have the same rights as any existing property owner within the district.

              4. The owners of all of the property located in a transportation development district formed under this chapter may, by unanimous petition filed with the board of directors of the district, remove any property from the district, so long as such removal will not materially affect any obligations of the district.


              238.210. 1. Within thirty days after the petition is filed, the circuit court clerk shall serve a copy of the petition on the respondents who shall have thirty days after receipt of service to file an answer stating agreement with or opposition to the creation of the district. If any respondent files its answer opposing the creation of the district, it shall recite legal reasons why the petition is defective, why the proposed district is illegal or unconstitutional, or why the proposed method for funding the district is illegal or unconstitutional. The respondent shall ask the court for a declaratory judgment respecting these issues. The answer of each respondent shall be served on each petitioner and every other respondent named in the petition. Any resident, taxpayer, any other entity, or any local transportation authority within the proposed district may join in or file a petition supporting or answer opposing the creation of the district and seeking a declaratory judgment respecting these same issues within thirty days after the date notice is last published by the circuit clerk.

              2. The court shall hear the case without a jury. If the court shall thereafter determine the petition is defective or the proposed district is illegal or unconstitutional, or shall be an undue burden on any owner of property within the district or is unjust and unreasonable, it shall enter its declaratory judgment to that effect and shall refuse to make the certifications requested in the pleadings. If the court determines that any proposed funding method is illegal or unconstitutional, it shall enter its judgment striking that funding method in whole or part. If the court determines the petition is not legally defective and the proposed district and method of funding are neither illegal nor unconstitutional, the court shall enter its judgment to that effect. If the petition was filed by registered voters or by a governing body, the court shall then certify the questions regarding district creation, project development, and proposed funding for voter approval. If the petition was filed by a governing body, or by no less than fifty registered voters of two or more counties, pursuant to subsection 5 of section 238.207 or pursuant to subsection 6 of section 238.207, the court shall then certify the single question regarding district creation, project development, and proposed funding for voter approval. If the petition was filed by the owners of record of all of the real property located within the proposed district, the court shall declare the district organized and certify the funding methods stated in the petition for qualified voter approval; provided, however, the funding method of special assessments may also be approved as provided in subsection 1 of section 238.230. In either case, if no objections to the petition are timely filed, the court may make such certifications based upon the pleadings before it without any hearing.

              3. Any party having filed an answer or petition may appeal the circuit court's order or declaratory judgment in the same manner provided for other appeals. The circuit court shall have continuing jurisdiction to enter such orders as are required for the administration of the district after its formation.


              238.212. 1. If the petition was filed by registered voters, [or] by a governing body or pursuant to subsection 6 of section 238.207, the circuit clerk in whose office the petition was filed shall give notice to the public by causing one or more newspapers of general circulation serving the counties or portions thereof contained in the proposed district to publish once a week for four consecutive weeks a notice substantially in the following form:

              NOTICE OF PETITION TO SUBMIT TO A

              POPULAR VOTE THE CREATION AND

              FUNDING OF A TRANSPORTATION

              DEVELOPMENT DISTRICT

              Notice is hereby given to all persons residing or owning property in (here specifically describe the proposed district boundaries), within the state of Missouri, that a petition has been filed asking that upon voter approval, a transportation development district by the name of "................. Transportation Development District" be formed for the purpose of developing the following transportation project: (here summarize the proposed transportation project or projects). The petition also requests voter approval of the following method(s) of funding the district, which (may) (shall not) increase the total taxes imposed within the proposed district: (describe the proposed funding methods). A copy of this petition is on file and available at the office of the clerk of the circuit court of ............. County, located at ................., Missouri. You are notified to join in or file your own petition supporting or answer opposing the creation of the transportation development district and requesting a declaratory judgment, as required by law, no later than the ............ day of .............., 20.. . You may show cause, if any there be, why such petition is defective or proposed transportation development district or its funding method, as set forth in the petition, is illegal or unconstitutional and should not be submitted for voter approval at a general, primary or special election as directed by this court. ................................................................. ................................................. Clerk of the Circuit Court of ........................ County

              2. The circuit court may also order a public hearing on the question of the creation and funding of the proposed district, if it deems such appropriate, under such terms and conditions as it deems appropriate. If a public hearing is ordered, notice of the time, date and place of the hearing shall also be given in the notice specified in subsection 1 of this section.


              238.215. 1. If the circuit court certifies the petition for voter approval, it shall call an election pursuant to section 238.216.

              2. At such election for voter approval of the qualified voters, the questions shall be submitted in substantially the following form:

              Shall there be organized in (here specifically describe the proposed district boundaries), within the state of Missouri, a transportation development district, to be known as the "................ Transportation Development District" for the purpose of developing the following transportation project: (here summarize the proposed project or projects and require each voter to approve or disapprove of each project) and have the power to fund the proposed project upon separate voter approval by any or all of the following methods: (here specifically describe the proposed funding methods and require each voter to approve or disapprove of each proposed funding method)?

              3. (1) If the petition was filed pursuant to subsection 5 of section 238.207 or pursuant to subsection 6 of section 238.207 and the district desires to impose a sales tax as the only proposed funding mechanism, at such election for voter approval of the qualified voters, the question shall be submitted in substantially the following form:

              Shall there be organized in (here specifically describe the proposed district boundaries), within the state of Missouri, a transportation development district, to be known as the "........... Transportation Development District" for the purpose of developing the following transportation project: (here summarize the proposed project or projects) and be authorized to impose a transportation development district-wide sales tax at the rate of ....... (insert amount) for a period of ....... (insert number) years from the date on which such tax is first imposed for the purpose of funding the transportation project or projects?

              (2) If the petition was filed pursuant to subsection 5 of section 238.207 or pursuant to subsection 6 of section 238.207 and the district desires to impose a funding mechanism other than a sales tax, at such election for voter approval of the qualified voters, the question shall be submitted in substantially the form set forth in subsection 2 of this section and the proposed funding mechanism shall require separate voter approval at a subsequent election.

              4. The results of the election shall be entered upon the records of the circuit court of the county in which the petition was filed. Also, a certified copy thereof shall be filed with the county clerk of each county in which a portion of the proposed district lies, who shall cause the same to be spread upon the records of the county commission. If the results show that a majority of the votes cast by the qualified voters were in favor of organizing the transportation development district, the circuit court having jurisdiction of the matter shall declare the district organized and certify the funding methods approved by the qualified voters. If the results show that less than a majority of the votes cast by the qualified voters were in favor of the organization of the district, the circuit court shall declare that the question has failed to pass, and the same question shall not be again submitted for voter approval for two years.

              5. Notwithstanding the foregoing, if the election was held pursuant to subsection 3 of this section, the results of the election shall be entered upon the records of the circuit court of the county in which the petition was filed. Also, a certified copy thereof shall be filed with the county clerk of each county in which a portion of the proposed district lies. If the results show that a majority of the votes cast by the qualified voters were in favor of the proposition, the circuit court having jurisdiction of the matter shall declare the district organized and the funding methods approved by the qualified voters to be in effect. If the results show that less than a majority of the votes cast by the qualified voters were in favor of the proposition, the circuit court shall declare that the question has failed to pass. A new petition shall be filed pursuant to subsection 5 of section 238.207 or pursuant to subsection 6 of section 238.207, as applicable, prior to the question being again submitted for voter approval.


              238.216. 1. Except as otherwise provided in section 238.220 with respect to the election of directors, in order to call any election required or allowed under sections 238.200 to 238.275, the circuit court shall:

              (1) Order the county clerk to cause the questions to appear on the ballot on the next regularly scheduled general, primary or special election day, which date shall be the same in each county or portion of a county included within and voting upon the proposed district;

              (2) If the election is to be a mail-in election, specify a date on which ballots for the election shall be mailed, which date shall be a Tuesday, and shall be not earlier than the eighth Tuesday from the issuance of the order, and shall not be on the same day as an election conducted under the provisions of chapter 115, RSMo; or

              (3) If all the owners of property in the district joined in the petition for formation of the district, such owners may cast their ballot by unanimous verified petition approving any measure submitted to them as voters pursuant to this chapter. Each owner shall receive one vote per acre owned, prorated to the nearest one-tenth of an acre. [Fractional votes shall be allowed.] The verified petition shall be filed with the circuit court clerk. The filing of a unanimous petition shall constitute an election under sections 238.200 to 238.275 and the results of said election shall be entered pursuant to subsection 6 of this section.

              2. Application for a ballot shall be conducted as follows:

              (1) Only qualified voters shall be entitled to apply for a ballot;

              (2) Such persons shall apply with the clerk of the circuit court in which the petition was filed;

              (3) Each person applying shall provide:

              (a) Such person's name, address, mailing address, and phone number;

              (b) An authorized signature; and

              (c) Evidence that such person is entitled to vote. Such evidence shall be:

              a. For resident individuals, proof of registration from the election authority;

              b. For owners of real property, a tax receipt or deed or other document which evidences ownership, and identifies the real property by location;

              (4) No person shall apply later than the fourth Tuesday before the date for mailing ballots specified in the circuit court's order.

              3. If the election is to be a mail-in election, the circuit court shall mail a ballot to each qualified voter who applied for a ballot pursuant to subsection 2 of this section along with a return addressed envelope directed to the circuit court clerk's office with a sworn affidavit on the reverse side of such envelope for the voter's signature. Such affidavit shall be in the following form:

              I hereby declare under penalties of perjury that I am qualified to vote, or to affix my authorized signature in the name of an entity which is entitled to vote, in this election.

              Subscribed and sworn to before me this ............. day of......................., 20.........

Authorized Signature ................ ......................... .

................................. Printed Name of Voter

Signature of notary or other officer authorized to administer oaths.

.........................

Mailing Address of Voter

(if different)

              4. Except as otherwise provided in subsection 2 of section 238.220, with respect to the election of directors, each qualified voter shall have one vote, unless the qualified voters are property owners under subdivision (2) of subsection 2 of section 238.202, in which case they shall receive one vote per acre, prorated to the nearest one-tenth of an acre. Each voter which is not an individual shall determine how to cast its vote as provided for in its articles of incorporation, articles of organization, articles of partnership, bylaws, or other document which sets forth an [appropriate] applicable mechanism for [the determination of the entity's vote] action for such voter. If a voter has no such mechanism, then its vote shall be cast [as determined by a majority of the persons who run the day-to-day affairs of the voter] by agreement of such individuals or entities as would be required under applicable law to convey by deed the entire parcel of property owned. Each voted ballot shall be signed with the authorized signature.

              5. Mail-in voted ballots shall be returned to the circuit court clerk's office by mail or hand delivery no later than 5:00 p.m. on the sixth Tuesday after the date for mailing the ballots as set forth in the circuit court's order. The circuit court's clerk shall transmit all voted ballots to a team of judges of not less than four, with an equal number from each of the two major political parties. The judges shall be selected by the circuit court from lists compiled by the election authority. Upon receipt of the voted ballots, the judges shall verify the authenticity of the ballots, canvass the votes, and certify the results. Certification by the election judges shall be final and shall be immediately transmitted to the circuit court. Any qualified voter who voted in such election may contest the result in the same manner as provided in chapter 115, RSMo.

              6. The results of the election shall be entered upon the records of the circuit court of the county in which the petition was filed. Also, a certified copy thereof shall be filed with the county clerk of each county in which a portion of the proposed district lies, who shall cause the same to be spread upon the records of the county commission.


              238.220. 1. Notwithstanding anything to the contrary contained in section 238.216, if any persons eligible to be registered voters reside within the district the following procedures shall be followed:

              (1) After the district has been declared organized, the court shall upon petition of any interested person order the county clerk to cause an election to be held in all areas of the district within one hundred twenty days after the order establishing the district, to elect the district board of directors which shall be not less than five nor more than fifteen;

              (2) Candidates shall pay the sum of five dollars as a filing fee to the county clerk and shall file with the election authority of such county a statement under oath that he or she possesses all of the qualifications set out in this section for a director. Thereafter, such candidate shall have his or her name placed on the ballot as a candidate for director;

              (3) The director or directors to be elected shall be elected at large. The candidate receiving the most votes from qualified voters shall be elected to the position having the longest term, the second highest total votes elected to the position having the next longest term, and so forth. Each initial director shall serve the one-, two- or three-year term to which he or she was elected, and until a successor is duly elected and qualified. Each successor director shall serve a three-year term. The directors shall nominate and elect an interim director to complete any unexpired term of a director caused by resignation or disqualification; and

              (4) [Each director shall be a resident of the district.] Directors shall be registered voters at least twenty-one years of age.

              2. Notwithstanding anything to the contrary contained in section 238.216, if no persons eligible to be registered voters reside within the district, the following procedures shall apply:

              (1) Within thirty days after the district has been declared organized, the circuit clerk of the county in which the petition was filed shall, upon giving notice by causing publication to be made once a week for two consecutive weeks in a newspaper of general circulation in the county, the last publication of which shall be at least ten days before the day of the meeting required by this section, call a meeting of the owners of real property within the district at a day and hour specified in a public place in the county in which the petition was filed for the purpose of electing a board of not less than five and not more than fifteen directors, to be composed of owners or representatives of owners of real property in the district; provided that, if all the owners of property in the district joined in the petition for formation of the district, such meeting may be called by order of the court without further publication[. For the purposes of determining board membership, the owner or owners of real property within the district and their legally authorized representative or representatives shall be deemed to be residents of the district; for business organizations and other entities owning real property within the district, the individual or individuals legally authorized to represent the business organizations or entities in regard to the district shall be deemed to be a resident of the district];

              (2) The property owners, when assembled, shall organize by the election of a chairman and secretary of the meeting who shall conduct the election. At the election, each acre of real property within the district shall represent one share, and each owner may have one vote in person or by proxy for every acre of real property owned [by such person within the district], prorated to the nearest one-tenth of an acre;

              (3) The one-third of the initial board members receiving the most votes shall be elected to positions having a term of three years. The one-third of initial board members receiving the next highest number of votes shall be elected to positions having a term of two years. The lowest one-third of initial board members receiving sufficient votes shall be elected to positions having a term of one year. Each initial director shall serve the term to which he or she was elected, and until a successor is duly elected and qualified. Successor directors shall be elected in the same manner as the initial directors at a meeting of the real property owners called by the board. Each successor director shall serve a three-year term. The directors shall nominate and elect an interim director to complete any unexpired term of a director caused by resignation or disqualification;

              (4) Directors shall be at least twenty-one years of age.

              3. Notwithstanding any provision of section 238.216 and this section to the contrary, if the petition for formation of the district was filed pursuant to subsection 5 of section 238.207, the following procedures shall be followed:

              (1) If the district is comprised of four or more local transportation authorities, the board of directors shall consist of the presiding officer of each local transportation authority within the district. If the district is comprised of two or three local transportation authorities, the board of directors shall consist of the presiding officer of each local transportation authority within the district and one person designated by the governing body of each local transportation authority within the district;

              (2) Each director shall be at least twenty-one years of age [and a resident or property owner of the local transportation authority the director represents]. A director designated by the governing body of a local transportation authority may be removed by such governing body at any time with or without cause; and

              (3) Upon the assumption of office of a new presiding officer of a local transportation authority, such individual shall automatically succeed his predecessor as a member of the board of directors. Upon the removal, resignation or disqualification of a director designated by the governing body of a local transportation authority, such governing body shall designate a successor director.

              4. Notwithstanding any provision of section 238.216 and this section to the contrary, if the petition for formation of the district was filed pursuant to subsection 6 of section 238.207, the following procedures shall be followed:

              (1) If the district is comprised of one affected local transportation authority, the board of directors shall consist of three directors designated by the governing body of the affected local transportation authority within the district. If the district is comprised of two affected local transportation authorities, the board of directors shall consist of four directors, two directors designated by the governing body of each affected local transportation authority within the district. If the district is comprised of three or more affected local transportation authorities, the board of directors shall consist of one person designated by the governing body of each affected local transportation authority within the district. Each director shall serve a three-year term. Successor directors shall be designated in the same manner as the initial directors and shall serve three-year terms.

              (2) Each director shall be at least twenty-one years of age. A director designated by the governing body of a local transportation authority may be removed by such governing body at any time with or without cause; and

              (3) Upon the removal, resignation or disqualification of a director designated by the governing body of a local transportation authority, such governing body shall designate a successor director.

              5. The commission shall appoint one or more advisors to the board, who shall have no vote but shall have the authority to participate in all board meetings and discussions, whether open or closed, and shall have access to all records of the district and its board of directors.

              [5.] 6. If the proposed project is not intended to be merged into the state highways and transportation system under the commission's jurisdiction, the local transportation authority that will assume maintenance of the project shall appoint one or more advisors to the board of directors who shall have the same rights as advisors appointed by the commission.

              [6.] 7. Any county or counties located wholly or partially within the district which is not a local transportation authority pursuant to subdivision (4) of subsection 1 of section 238.202 may appoint one or more advisors to the board who shall have the same rights as advisors appointed by the commission.


              238.235. 1. (1) Any transportation development district may by resolution impose a transportation development district sales tax on all retail sales made in such transportation development district which are subject to taxation pursuant to the provisions of sections 144.010 to 144.525, RSMo, except such transportation development district sales tax shall not apply to the sale or use of motor vehicles, trailers, boats or outboard motors nor to all sales of electricity or electrical current, water and gas, natural or artificial, nor to sales of service to telephone subscribers, either local or long distance. Such transportation development district sales tax may be imposed for any transportation development purpose designated by the transportation development district in its ballot of submission to its qualified voters, except that no resolution enacted pursuant to the authority granted by this section shall be effective unless:

              (a) The board of directors of the transportation development district submits to the qualified voters of the transportation development district a proposal to authorize the board of directors of the transportation development district to impose or increase the levy of an existing tax pursuant to the provisions of this section; or

              (b) The voters approved the question certified by the petition filed pursuant to subsection 5 of section 238.207 or subsection 6 of section 238.207.

              (2) If the transportation district submits to the qualified voters of the transportation development district a proposal to authorize the board of directors of the transportation development district to impose or increase the levy of an existing tax pursuant to the provisions of paragraph (a) of subdivision (1) of this subsection, the ballot of submission shall contain, but need not be limited to, the following language:

              Shall the transportation development district of ............ (transportation development district's name) impose a transportation development district-wide sales tax at the rate of .......... (insert amount) for a period of .......... (insert number) years from the date on which such tax is first imposed for the purpose of .......... (insert transportation development purpose)?

              □ 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 proposal by the qualified voters voting thereon are in favor of the proposal, then the resolution and any amendments thereto shall be in effect. If a majority of the votes cast by the qualified voters voting are opposed to the proposal, then the board of directors of the transportation development district shall have no power to impose the sales tax authorized by this section unless and until the board of directors of the transportation development district shall again have submitted another proposal to authorize it to impose the sales tax pursuant to the provisions of this section and such proposal is approved by a majority of the qualified voters voting thereon.

              (3) The sales tax authorized by this section shall become effective on the first day of the month designated by the board of directors of the transportation development district following adoption of the tax by the qualified voters.

              (4) In each transportation development district in which a sales tax has been imposed in the manner provided by this section, every retailer shall add the tax imposed by the transportation development district pursuant to this section to the retailer's sale price, and when so added such tax shall constitute a part of the price, 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.

              (5) In order to permit sellers required to collect and report the sales tax authorized by this section to collect the amount required to be reported and remitted, but not to change the requirements of reporting or remitting tax or to serve as a levy of the tax, and in order to avoid fractions of pennies, the transportation development district may establish appropriate brackets which shall be used in the district imposing a tax pursuant to this section in lieu of those brackets provided in section 144.285, RSMo.

              (6) All revenue received by a transportation development district from the tax authorized by this section which has been designated for a certain transportation development purpose shall be deposited in a special trust fund and shall be used solely for such designated purpose. Upon the expiration of the period of years approved by the qualified voters pursuant to subdivision (2) of this subsection or if the tax authorized by this section is repealed pursuant to subsection 6 of this section, all funds remaining in the special trust fund shall continue to be used solely for such designated transportation development purpose. Any funds in such special trust fund which are not needed for current expenditures may be invested by the board of directors in accordance with applicable laws relating to the investment of other transportation development district funds.

              (7) The sales tax may be imposed in increments of one-eighth of one percent, up to a maximum of one percent on the receipts from the sale at retail of all tangible personal property or taxable services at retail within the transportation development district adopting such tax, if such property and services are subject to taxation by the state of Missouri pursuant to the provisions of sections 144.010 to 144.525, RSMo, except such transportation development district sales tax shall not apply to the sale or use of motor vehicles, trailers, boats or outboard motors nor to public utilities. Any transportation development district sales tax imposed pursuant to this section shall be imposed at a rate that shall be uniform throughout the district.

              2. The resolution imposing the sales tax pursuant to this section shall impose upon all sellers a tax for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail to the extent and in the manner provided in sections 144.010 to 144.525, RSMo, and the rules and regulations of the director of revenue issued pursuant thereto; except that the rate of the tax shall be the rate imposed by the resolution as the sales tax and the tax shall be reported and returned to and collected by the [transportation development district] department of revenue.

              3. On and after the effective date of any tax imposed pursuant to this section, the [transportation development district] director of revenue shall perform all functions incident to the administration, collection, enforcement, and operation of the tax, and the director of revenue shall collect, in addition to all other sales taxes imposed by law, the additional tax authorized pursuant to this section. The tax imposed pursuant to this section and the sales taxes imposed pursuant to all other laws of the state of Missouri shall be collected together and reported upon such forms and [under] pursuant to such administrative rules and regulations as may be prescribed by the [transportation development district] director of revenue.

              4. (1) All applicable provisions contained in sections 144.010 to 144.525, RSMo, governing the state sales tax, sections 32.085 and 32.087, RSMo, and section 32.057, RSMo, the uniform confidentiality provision, shall apply to the collection of the tax imposed by this section, except as modified in this section.

              (2) All exemptions granted to agencies of government, organizations, persons and to the sale of certain articles and items of tangible personal property and taxable services pursuant to the provisions of sections 144.010 to 144.525, RSMo, are hereby made applicable to the imposition and collection of the tax imposed by this section.

              (3) 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 transportation development district may prescribe a form of exemption certificate for an exemption from the tax imposed by this section.

              (4) All discounts allowed the retailer pursuant to the provisions of the state sales tax laws for the collection of and for payment of taxes pursuant to such laws are hereby allowed and made applicable to any taxes collected pursuant to the provisions of this section.

              (5) The penalties provided in section 32.057, RSMo, and sections 144.010 to 144.525, RSMo, for violation of those sections are hereby made applicable to violations of this section.

              (6) For the purpose of a sales tax imposed by a resolution pursuant to this section, all retail sales except retail sales of motor vehicles shall be deemed to be consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or the retailer's agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. In the event a retailer has more than one place of business in this state which participates in the sale, the sale shall be deemed to be consummated at the place of business of the retailer where the initial order for the tangible personal property is taken, even though the order must be forwarded elsewhere for acceptance, approval of credit, shipment or billing. A sale by a retailer's employee shall be deemed to be consummated at the place of business from which the employee works.

              5. [All sales taxes collected by the transportation development district shall be deposited by the transportation development district in a special fund to be expended for the purposes authorized in this section. The transportation development district shall keep accurate records of the amount of money which was collected pursuant to this section, and the records shall be open to the inspection of officers of each transportation development district and the general public.] All sales taxes collected by the director of revenue pursuant to this section on behalf of any transportation development district, less one percent for the cost of collection, which shall be deposited in the state's general revenue fund after payment of premiums for surety bonds as provided in section 32.087, RSMo, shall be deposited in the state treasury to the credit of the "Transportation Development District Sales Tax Fund". Moneys in the transportation development district sales tax fund shall not be deemed to be state funds and shall not be commingled with any funds of the state. All interest earned upon the balance in the transportation development district sales tax fund shall be deposited to the credit of the same fund. Any balance in the fund at the end of an appropriation period shall not be transferred to the general revenue fund and the provisions of section 33.080, RSMo, shall not apply to the fund. The director of revenue shall keep accurate records of the amount of money which was collected in each transportation development district imposing a sales tax pursuant to this section, and the records shall be open to the inspection of officers of each transportation development district and the general public. Not later than the tenth day of each month, the director of revenue shall distribute all moneys deposited in such fund during the preceding month to the proper transportation development district.

              6. The director of revenue may authorize the state treasurer to make refunds from the amounts credited to any transportation development district for erroneous payments and overpayments made, and may redeem dishonored checks and drafts deposited to the credit of such districts. If any transportation development district repeals the tax authorized by this section, the transportation development district shall notify the director of revenue of the action at least ninety days prior to the effective date of the repeal and the director of revenue may order retention, 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 such 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 repeal of the tax authorized by this section in such transportation development district, the director of revenue shall remit the balance in the account to the transportation development district and close the account of that transportation development district. The director of revenue shall notify each transportation development district of each instance of any amount refunded or any check redeemed from receipts due the transportation development district.

              [6.] 7. (1) No transportation development district imposing a sales tax pursuant to this section may repeal or amend such sales tax unless such repeal or amendment will not impair the district's ability to repay any liabilities which it has incurred, money which it has borrowed or revenue bonds, notes or other obligations which it has issued or which have been issued by the commission or any local transportation authority to finance any project or projects.

              (2) Whenever the board of directors of any transportation development district in which a transportation development sales tax has been imposed in the manner provided by this section receives a petition, signed by ten percent of the qualified voters calling for an election to repeal such transportation development sales tax, the board of directors shall, if such repeal will not impair the district's ability to repay any liabilities which it has incurred, money which it has borrowed or revenue bonds, notes or other obligations which it has issued or which have been issued by the commission or any local transportation authority to finance any project or projects, submit to the qualified voters of such transportation development district a proposal to repeal the transportation development sales tax imposed pursuant to the provisions of this section. If a majority of the votes cast on the proposal by the qualified voters voting thereon are in favor of the proposal to repeal the transportation development sales tax, then the resolution imposing the transportation development sales tax, along with any amendments thereto, is repealed. If a majority of the votes cast by the qualified voters voting thereon are opposed to the proposal to repeal the transportation development sales tax, then the ordinance or resolution imposing the transportation development sales tax, along with any amendments thereto, shall remain in effect.


              238.257. 1. At any time during the existence of a district, the board may submit to the voters of the district a proposition to increase [or decrease] the number of projects which it is authorized to complete.

              2. If the board proposes to add one or more additional projects, the question shall be submitted in substantially the following form:

              Shall the ............. Transportation Development District fund or develop the following additional transportation project (or projects): (summarize the proposed project or projects), and have the power to fund the proposed project upon separate voter approval by any or all of the following methods: (here specifically describe the proposed funding methods and require each voter to approve or disapprove of each proposed funding method)?

              3. If the board proposes to decrease the number of projects or discontinue a project, it may do so by majority vote of the board provided that it shall first obtain approval from the commission if the proposed project is intended to be merged into the state highways and transportation system under the commission's jurisdiction or approval from the local transportation authority if the proposed project is intended to be merged into a local transportation system under the local authority's jurisdiction. [If such approval is obtained, then the question shall be submitted to the district's voters in substantially the following form:

              Shall the ............... Transportation Development District discontinue development of the following transportation project: (summarize the transportation project), for the reason that (describe the reason why the transportation project cannot be completed as approved)?]

              4. The board may modify the project previously approved by the district voters, if the modification is approved by the commission and, where appropriate, a local transportation authority.


              238.275. 1. Within six months after development and initial maintenance costs of its completed project have been paid, the district shall pursuant to contract transfer ownership and control of the project to the commission or a local transportation authority which shall be responsible for all future maintenance costs pursuant to contract. Such transfer may be made sooner with the consent of the recipient.

              2. At such time as a district has completed its project and has transferred ownership of the project to the commission or other local transportation authority for maintenance, or the district has provided for the completion and funding of its project and has transferred ownership and control of the project to the commission or a local transportation authority under subsection 1 of this section, or at such time as the board determines that it is unable to complete its project due to lack of funding or for any other reason, the board shall submit for a vote in an election held throughout the district the question of whether the district should be abolished. The question shall be submitted in substantially the following form:

              Shall the ......................................... Transportation Development District be abolished?

              3. The district board shall not propose the question to abolish the district while there are outstanding claims or causes of action pending against the district, while the district liabilities exceed its assets, or while the district is insolvent, in receivership or under the jurisdiction of the bankruptcy court. Prior to submitting the question to abolish the district to a vote, the state auditor shall audit the district to determine the financial status of the district, and whether the district may be abolished pursuant to law.

              4. As an alternative to the method described in subsections 2 and 3 of this section, if at such time as a district has completed its project and has transferred ownership of the project to the commission or other local transportation authority for maintenance, or the district has provided for the completion and funding of its project and has transferred ownership and control of the project to the commission or a local transportation authority under subsection 1 of this section, or at such time as the board determines that it is unable to complete its project due to lack of funding or for any other reason, the board may petition the circuit court to dissolve the district.

              5. The district board may not petition the circuit court for dissolution while there are outstanding claims or causes of action pending against the district, while the district liabilities exceed its assets, or while the district is insolvent, in receivership, or under the jurisdiction of the bankruptcy court. Prior to petitioning the circuit court to abolish the district, the state auditor shall audit the district to determine the financial status of the district, and whether the district may be abolished under law.

              6. While the district still exists, it shall continue to accrue all revenues to which it is entitled at law.

              [5.] 7. Upon receipt of certification by the appropriate election authorities that the majority of those voting within the district have voted to abolish the district or upon receipt of an order of the circuit court that the district may be abolished, and if the state auditor has determined that the district's financial condition is such that it may be abolished pursuant to law, then the board shall:

              (1) Sell any remaining district real or personal property it wishes, and then transfer the proceeds and any other real or personal property owned by the district, including revenues due and owing the district, to the commission or any appropriate local transportation authority assuming maintenance and control of the project, for its further use and disposition;

              (2) Terminate the employment of any remaining district employees, and otherwise conclude its affairs;

              (3) At a public meeting of the district, declare by a majority vote that the district has been abolished effective that date; and

              (4) Cause copies of that resolution under seal to be filed with the secretary of state, the director of revenue, the commission, and with each local transportation authority affected by the district. Upon the completion of the final act specified in this subsection, the legal existence of the district shall cease.”; and


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


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


House Amendment No. 1

to

House Amendment No. 2


AMEND House Amendment No. 2 to House Committee Substitute for Senate Bill No. 262, Page 36, Line 27, by deleting all of said line and inserting in lieu thereof the following:


              state auditor shall be subject to a fine not to exceed fifty dollars per day.


              141.160. 1. The general law relating to taxation and the collection of delinquent taxes, as now existing, shall apply to counties of the first class having a charter form of government insofar as not inconsistent with the provisions of sections 141.010 to 141.160, except that counties of the first class operating under a charter form of government may hereafter elect to operate under the provisions of chapter 140, RSMo, the general law relating to the collection of delinquent taxes, by the enactment of an ordinance by the legislative body of such county.

              2. In addition to any other provisions of law related to delinquent tax collection fees, in all counties having a charter form of government and more than six hundred thousand inhabitants, the collector shall collect on behalf of the county and pay into the county general fund an additional fee for the collection of delinquent and back taxes of five percent on all sums collected to be added to the face of the tax bill and collected from the party paying the tax.

              3. The provisions of sections 141.010 to 141.160 shall not apply to counties of the first class not having a charter form of government, and such counties shall operate under the provisions of chapter 140, RSMo."; and'; and


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


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


            Representative Munzlinger offered House Amendment No. 2 to House Amendment No. 2.


House Amendment No. 2

to

House Amendment No. 2


AMEND House Amendment No. 2 to House Committee Substitute for Senate Bill No. 262, Page 1, Lines 1 and 2, by deleting all of said lines and inserting in lieu thereof the following:


              'AMEND House Committee Substitute for Senate Bill No. 262, Section 41.950, Page 8, Line 69, by inserting after all of said line the following:


              “60.010. 1. At the regular general election in the year 1948, and every four years thereafter, the voters of each county of this state in counties of the second, third, and fourth classification shall elect a registered land surveyor as county surveyor, who shall hold [his] office for four years and until [his] a successor is duly elected, commissioned, and qualified. The person elected shall be commissioned by the governor.

              2. No person shall be elected or appointed surveyor unless [he be] such person is a citizen of the United States, over the age of twenty-one years, [be] a registered land surveyor, and shall have resided within the state one whole year. An elected surveyor shall have resided within the county for which [he] the person is elected six months immediately prior to [his] election and shall after [his] election continue to reside within the county for which [he] the person is surveyor. An appointed surveyor need not reside within the county for which [he] the person is surveyor.

              3. Notwithstanding the provisions of subsection 1 of this section, or any other law to the contrary, the county commission of any county of the third or fourth classification may appoint a surveyor following [a general election in which] the deadline for filing for the office of surveyor [is on the ballot,] if no qualified candidate [seeks said] files for the office in a general election in which the office would have been on the ballot, provided that the notice required by section 115.345, RSMo, has been published in at least one newspaper of general circulation in the county. The appointed surveyor shall serve at the pleasure of the county commission, however, an appointed surveyor shall forfeit said office once a qualified individual, who has been duly elected at a regularly scheduled general election where the office of surveyor is on the ballot and who has been commissioned by the governor, takes office. The county commission shall fix appropriate compensation, which need not be equal to that of an elected surveyor.”; and


              Further amend said bill, Section 66.010, Page 10, Line 59, by inserting after all of said line the following:'; and


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


            Representative Roorda raised a point of order that House Amendment No. 2 to House Amendment No. 2 goes beyond the scope of the underlying amendment and bill.


            The Chair ruled the point of order not well taken.


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


            Representative Roorda offered House Amendment No. 3 to House Amendment No. 2.


House Amendment No. 3

to

House Amendment No. 2


AMEND House Amendment No. 2 to House Committee Substitute for Senate Bill No. 262, Page 27, Section 71.1000, Line 9, by inserting immediately 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 board may develop a test to measure ordinary physical strength for employed commissioned police officers; however, the test shall not be used as the sole factor in determining a police officer's continuing employment. 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 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.

              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.”; and


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


            On motion of Representative Roorda, House Amendment No. 3 to House Amendment No. 2 was adopted.


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


            Representative Loehner offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for Senate Bill No. 262, Page 174, Section 5, Line 8, by inserting immediately after said line the following:


              "Section 6. No political subdivision of the state nor any local government, city or county, or any agency, authority, board, commission, department or officer thereof, shall enact any ordinance or promulgate or issue any regulation, rule, policy, guideline or proclamation describing the relationship between persons and domestic animals as other than persons may or can own domestic animals.".


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


            Representative Smith (150) offered House Amendment No. 4.


House Amendment No. 4


AMEND House Committee Substitute for Senate Bill No. 262, Section 5, Page 174, Line 8, by inserting immediately after all of said section and line the following:


              Section 6. No member of the house of representatives or member of the senate shall be appointed or hired to serve in any paid position in state government or any state agency by any governor such representative or senator served with for any portion of any general assembly.”; and


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


            On motion of Representative Smith (150), House Amendment No. 4 was adopted by the following vote:


AYES: 088

 

 

 

 

 

 

 

 

 

Allen

Bivins

Brandom

Brown 30

Brown 149

Bruns

Burlison

Cooper

Cox

Cunningham

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dugger

Dusenberg

Emery

Ervin

Faith

Fisher 125

Flanigan

Flook

Franz

Funderburk

Gatschenberger

Grisamore

Guernsey

Guest

Hobbs

Hoskins 121

Icet

Jones 89

Jones 117

Keeney

Kingery

Koenig

Kraus

Lair

Largent

Leara

Lipke

Loehner

McGhee

McNary

Molendorp

Munzlinger

Nance

Nieves

Nolte

Parkinson

Parson

Pollock

Pratt

Riddle

Ruestman

Ruzicka

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schoeller

Silvey

Smith 14

Smith 150

Stevenson

Stream

Sutherland

Thomson

Tilley

Tracy

Viebrock

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright

Yates

Zerr

Mr Speaker

 

 

 

 

 

 

 

NOES: 069

 

 

 

 

 

 

 

 

 

Atkins

Aull

Biermann

Bringer

Brown 50

Brown 73

Burnett

Calloway

Carter

Casey

Chappelle-Nadal

Colona

Corcoran

Curls

Dougherty

El-Amin

Englund

Fallert

Fischer 107

Frame

Grill

Harris

Holsman

Hoskins 80

Hummel

Jones 63

Kander

Kelly

Kirkton

Komo

Kratky

Kuessner

Lampe

LeBlanc

LeVota

Liese

Low

McClanahan

McDonald

McNeil

Meadows

Meiners

Morris

Nasheed

Norr

Oxford

Pace

Quinn

Roorda

Rucker

Scavuzzo

Schieffer

Schoemehl

Schupp

Shively

Skaggs

Still

Storch

Swinger

Talboy

Todd

Vogt

Walsh

Walton Gray

Webber

Wildberger

Witte

Yaeger

Zimmerman

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Hodges

Hughes

Self

Spreng

Wallace

Webb

 

 

 

 


            Representative Bringer offered House Amendment No. 5.


House Amendment No. 5


AMEND House Committee Substitute for Senate Bill No. 262, Section 566.226, Page 166, Lines 1 - 17, by deleting all of said lines and inserting in lieu thereof the following:


              “566.226. 1. After August 28, 2007, any information contained in any court record, whether written or [published on the Internet,] in electronic format, that could be used to identify or locate any victim of the following crimes: sexual assault, domestic assault, stalking, or [forcible rape] any other violation of this chapter or chapter 568, RSMo shall be [closed and] redacted from such record prior to disclosure to the public if filed prior to January 1, 2010. Beginning January 1, 2010, the identifying information as defined in this section shall be retained on a confidential case filing sheet.

              2. Identifying information shall include the name, home or temporary address, telephone number, or Social Security number [or physical characteristics.] of any victim of the following crimes: sexual assault, domestic assault, stalking, or any other violation of this chapter or chapter 568, RSMo but not the named party in civil litigation.

              [2.] 3. If the court determines that a person or entity who is requesting identifying information of a victim has a legitimate interest in obtaining such information, the court may allow access to the information, but only if the court determines that disclosure to the person or entity would not compromise the welfare or safety of such victim.

              4. Nothing in this section shall be construed to permit or be the basis of permitting the identifying information of a perpetrator of a sexual assault, domestic assault, stalking, or forcible rape to be redacted from an otherwise public record.

              5. Notwithstanding the provisions of subsection 1 of this section, the judge presiding over a sexual assault, domestic assault, stalking, or forcible rape case shall have the discretion to publicly disclose identifying information regarding the defendant which could be used to identify or locate the victim of the crime. The victim may provide a statement to the court regarding whether he or she desires such information to remain closed. When making the decision to disclose such information, the judge shall consider the welfare and safety of the victim and any statement to the court received from the victim regarding the disclosure.”; and


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


            Representative Cox offered House Amendment No. 1 to House Amendment No. 5.




House Amendment No.1

to

House Amendment No. 5


AMEND House Amendment No. 5 to House Committee Substitute for Senate Bill No. 262, Page 1, Section 566.226, Line 1, by inserting before said line the following:


              "AMEND House Committee Substitute for Senate Bill No. 262, Page 155, Section 517.041, by deleting Lines 8 - 9; and


              Further".


            On motion of Representative Cox, House Amendment No. 1 to House Amendment No. 5 was adopted.


            On motion of Representative Bringer, House Amendment No. 5, as amended, was adopted.


            Representative Ruestman offered House Amendment No. 6.


House Amendment No. 6


AMEND House Committee Substitute for Senate Bill No. 262, Section 630.407, Page 171, Line 24, by inserting after all of said section the following:


              “650.050. 1. The Missouri department of public safety shall develop and establish a "DNA Profiling System", referred to in sections 650.050 to 650.100 as the system to assist federal, state, and local criminal justice and law enforcement agencies in the identification, investigation, and prosecution of individuals as well as the identification of missing or unidentified persons.  

              2. This DNA profiling system shall consist of qualified Missouri forensic laboratories approved by the Federal Bureau of Investigation.

              3. The Missouri state highway patrol crime laboratory shall be the administrator of the state's DNA index system.

              4. The DNA profiling system as established in this section shall be compatible with that used by the Federal Bureau of Investigation to ensure that DNA records are fully exchangeable between DNA laboratories and that quality assurance standards issued by the director of the Federal Bureau of Investigation are applied and performed.

              5. DNA samples obtained under sections 650.050 to 650.100 shall only be analyzed consistent with sections 650.050 to 650.100 and applicable federal laws and regulations.


              650.052. 1. The state's DNA profiling system shall:

              (1) Assist federal, state and local criminal justice and law enforcement agencies in the identification, detection or exclusion of individuals who are subjects of the investigation or prosecution of criminal offenses in which biological evidence is recovered or obtained; and

              (2) If personally identifiable information is removed, support development of forensic validation studies, forensic protocols, and the establishment and maintenance of a population statistics database for federal, state, or local crime laboratories of law enforcement agencies; and

              (3) Assist in the recovery or identification of human remains from mass disasters, or for other humanitarian purposes, including identification of missing persons.

              2. The Missouri state highway patrol shall act as the central repository for the DNA profiling system and shall collaborate with the Federal Bureau of Investigation and other criminal justice agencies relating to the state's participation in CODIS and the National DNA Index System or in any DNA database.

              3. The Missouri state highway patrol may promulgate rules and regulations to implement the provisions of sections 650.050 to 650.100 in accordance with Federal Bureau of Investigation recommendations for the form and manner of collection of blood or other scientifically accepted biological samples and other procedures for the operation of sections 650.050 to 650.100. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

              4. The Missouri state highway patrol shall provide the necessary components for collection of the [convicted] offender's biological samples. For qualified offenders as defined by section 650.055 who are under custody and control of the department of corrections, the DNA sample collection shall be performed by the department of corrections and the division of probation and parole, or their authorized designee or contracted third party. For qualified offenders as defined by section 650.055 who are under custody and control of a county jail, the DNA sample collections shall be performed by the county jail or its authorized designee or contracted third party. For qualified offenders as defined by section 650.055 who are under the custody and control of companies contracted by the county or court to perform supervision and/or treatment of the offender, the sheriff's department of the county assigned to the offender shall perform the DNA sample collection. The specimens shall thereafter be forwarded to the Missouri state highway patrol crime laboratory. Any DNA profiling analysis or collection of DNA samples by the state or any county performed pursuant to sections 650.050 to 650.100 shall be subject to appropriations.

              5. The state's participating forensic DNA laboratories shall meet quality assurance standards specified by the Missouri state highway patrol crime laboratory and the Federal Bureau of Investigation to ensure quality DNA identification records submitted to the central repository.

              6. The state's participating forensic DNA laboratories may provide the system for identification purposes to criminal justice, law enforcement officials and prosecutors in the preparation and utilization of DNA evidence for presentation in court and provide expert testimony in court on DNA evidentiary issues.

              7. The department of public safety shall have the authority to promulgate rules and regulations to carry out the provisions of sections 650.050 to 650.100. 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, 2004, shall be invalid and void.”; and


              Further amend said bill, Section 650.055, Page 171, Line 2, by inserting after the word, “RSMo,” the following words, “or who is seventeen years of age or older and who is arrested for burglary in the first degree under section 569.160, RSMo, or burglary in the second degree under section 569.170, RSMo, or a felony offense under chapters 565, 566, 567, 568, or 573, RSMo,”; and


              Further amend said bill, said section, Pages 171 to 172, Lines 6 to 22, by deleting all of said lines and inserting in lieu thereof the following:


              “(1) Upon booking at a county jail or detention facility; or

              (2) Upon entering or before release from the department of corrections reception and diagnostic centers; or

              [(2)] (3) Upon entering or before release from a county jail or detention facility, state correctional facility, or any other detention facility or institution, whether operated by private, local, or state agency, or any mental health facility if committed as a sexually violent predator pursuant to sections 632.480 to 632.513, RSMo; or

              [(3)] (4) When the state accepts a person from another state under any interstate compact, or under any other reciprocal agreement with any county, state, or federal agency, or any other provision of law, whether or not the person is confined or released, the acceptance is conditional on the person providing a DNA sample if the person was convicted of, pleaded guilty to, or pleaded nolo contendere to an offense in any other jurisdiction which would be considered a qualifying offense as defined in this section if committed in this state, or if the person was convicted of, pleaded guilty to, or pleaded nolo contendere to any equivalent offense in any other jurisdiction; or

              [(4)] (5) If such individual is under the jurisdiction of the department of corrections. Such jurisdiction includes persons currently incarcerated, persons on probation, as defined in section 217.650, RSMo, and on parole, as also defined in section 217.650, RSMo.”; and


              Further amendment said bill, section, Page 172, Line 31, by inserting after the words, “who have been” the words, “arrested for,”; and


              Further amend said bill, section, Page 173, Lines 56 to 58, by deleting all of said lines and inserting in lieu thereof the following:


              “ employees who need to obtain such records to perform their public duties; [or]

              (4) The individual whose DNA sample has been collected, or his or her attorney; or

              (5) Associate circuit judges, circuit judges, judges of the courts of appeals, supreme court judges, and their employees who need to obtain such records to perform their public duties.”; and


              Further amend said bill, section, page, Line 64 by inserting after the number, “8.” the following:


              Within ninety days of warrant refusal, the arresting agency shall notify the Missouri state highway patrol crime laboratory which shall expunge all DNA records taken at the arrest for which the warrant was refused in the database pertaining to the person and destroy the DNA sample of the person, unless the Missouri state highway patrol determines that the person is otherwise obligated to submit a DNA sample.”; and


              Further amend said bill, section, Page 174, Line 90, by inserting after all of said line the following:


              9. When a DNA sample is taken of an arrestee for any offense listed under subsection 1 of this section and charges are filed:

              (1) If the charges are later withdrawn, the prosecutor shall notify the state highway patrol crime laboratory that such charges have been withdrawn;

              (2) If the case is dismissed, the court shall notify the state highway patrol crime laboratory of such dismissal;

              (3) If the court finds at the preliminary hearing that there is no probable cause that the defendant committed the offense, the court shall notify the state highway patrol crime laboratory of such finding;

              (4) If the defendant is found not guilty, the court shall notify the state highway patrol crime laboratory of such verdict.


If the state highway patrol crime laboratory receives notice under this subsection that the charges have been withdrawn, the case has been dismissed, there is a finding that the necessary probable cause does not exist, or the defendant is found not guilty, such crime laboratory shall expunge the DNA sample and DNA profile of the arrestee within thirty days. Prior to such expungement, the state highway patrol crime laboratory shall determine whether the individual has any other qualifying offenses or arrests that would require a DNA sample to be taken and retained prior to expungement under this subsection.”; and


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


            On motion of Representative Ruestman, House Amendment No. 6 was adopted by the following vote:


AYES: 152

 

 

 

 

 

 

 

 

 

Allen

Atkins

Aull

Biermann

Bivins

Brandom

Bringer

Brown 30

Brown 50

Brown 73

Brown 149

Bruns

Burlison

Burnett

Calloway

Carter

Casey

Chappelle-Nadal

Colona

Cooper

Corcoran

Cox

Cunningham

Curls

Davis

Deeken

Denison

Dethrow

Dieckhaus

Dixon

Dougherty

Dugger

Dusenberg

Emery

Englund

Ervin

Faith

Fallert

Fischer 107

Fisher 125

Flanigan

Flook

Frame

Franz

Gatschenberger

Grill

Grisamore

Guernsey

Guest

Harris

Hobbs

Holsman

Hoskins 80

Hoskins 121

Hummel

Icet

Jones 63

Jones 89

Jones 117

Kander

Keeney

Kelly

Kingery

Kirkton

Koenig

Komo

Kratky

Kraus

Kuessner

Lair

Lampe

Largent

Leara

LeBlanc

LeVota

Liese

Lipke

Loehner

Low

McClanahan

McDonald

McGhee

McNary

McNeil

Meadows

Meiners

Molendorp

Morris

Munzlinger

Nance

Nieves

Nolte

Norr

Oxford

Pace

Parkinson

Parson

Pollock

Pratt

Quinn

Riddle

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schoeller

Schoemehl

Schupp

Shively

Silvey

Skaggs

Smith 14

Smith 150

Stevenson

Still

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Tilley

Todd

Tracy

Viebrock

Wallace

Walsh

Walton Gray

Wasson

Webber

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright

Yaeger

Yates

Zerr

Zimmerman

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 001

 

 

 

 

 

 

 

 

 

Vogt

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 010

 

 

 

 

 

 

Day

Diehl

El-Amin

Funderburk

Hodges

Hughes

Nasheed

Self

Spreng

Webb


            Representative Schoeller offered House Amendment No. 7.


House Amendment No. 7


AMEND House Committee Substitute for Senate Bill No. 262, Section 5, Page 174, Line 8, by inserting after all of said line the following:


              Section 6. All requests for records filed or recorded by recorders of deeds pursuant to sections 59.005 to 59.800 RSMo dated after December 31, 1969, shall be made to the office in which the record was originally filed.”; and


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


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


            Representative Curls offered House Amendment No. 8.


House Amendment No. 8


AMEND House Committee Substitute for Senate Bill No. 262, Section 82.300, Page 11, Line 30, by inserting after all of said line the following:


              "82.1026. The governing body of any home rule city with more than four hundred thousand inhabitants and located in more than one county may enact ordinances to provide for the building official of the city or an authorized representative of the building official to petition the circuit court in the county in which a vacant nuisance building or structure is located for the appointment of a receiver to rehabilitate the building or structure, to demolish it, or to sell it to a qualified buyer."; and


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


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


            Representative Jones (89) offered House Amendment No. 9.


House Amendment No. 9


AMEND House Committee Substitute for Senate Bill No. 262, Section 5, Page 174, Line 8, by inserting immediately after all of said section and line the following:


              "Section 6. Nothing in sections 320.350 to 320.374, RSMo, shall be interpreted or applied to permit non-compliance with other applicable statutes and case law."; and


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


            On motion of Representative Jones (89), House Amendment No. 9 was adopted.


            Representative Tilley moved the previous question.


            Which motion was adopted by the following vote:


AYES: 087

 

 

 

 

 

 

 

 

 

Allen

Bivins

Brandom

Brown 30

Brown 149

Bruns

Burlison

Cox

Cunningham

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dugger

Dusenberg

Emery

Ervin

Faith

Fisher 125

Flanigan

Flook

Franz

Funderburk

Gatschenberger

Grisamore

Guernsey

Guest

Hoskins 121

Icet

Jones 89

Jones 117

Keeney

Kingery

Koenig

Kraus

Lair

Largent

Leara

Lipke

Loehner

McGhee

McNary

Molendorp

Munzlinger

Nance

Nieves

Nolte

Parkinson

Parson

Pollock

Pratt

Riddle

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

Stream

Sutherland

Thomson

Tilley

Tracy

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright

Yates

Zerr

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 069

 

 

 

 

 

 

 

 

 

Atkins

Aull

Biermann

Bringer

Brown 50

Brown 73

Burnett

Calloway

Carter

Casey

Chappelle-Nadal

Colona

Corcoran

Curls

Dougherty

Englund

Fallert

Fischer 107

Frame

Grill

Harris

Holsman

Hoskins 80

Hummel

Jones 63

Kander

Kelly

Kirkton

Komo

Kratky

Kuessner

Lampe

LeBlanc

LeVota

Liese

Low

McClanahan

McDonald

McNeil

Meadows

Meiners

Morris

Nasheed

Norr

Oxford

Pace

Quinn

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Schupp

Shively

Skaggs

Still

Storch

Swinger

Talboy

Todd

Vogt

Walsh

Walton Gray

Webber

Wildberger

Witte

Yaeger

Zimmerman

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Cooper

El-Amin

Hobbs

Hodges

Hughes

Spreng

Webb

 

 

 


            On motion of Representative Stevenson, HCS SB 262, as amended, was adopted.


            On motion of Representative Stevenson, HCS SB 262, as amended, was read the third time and passed by the following vote:


AYES: 099

 

 

 

 

 

 

 

 

 

Allen

Biermann

Bivins

Brown 30

Brown 50

Brown 73

Brown 149

Bruns

Burlison

Calloway

Casey

Cooper

Cox

Curls

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dusenberg

Emery

Ervin

Faith

Fallert

Fischer 107

Fisher 125

Flanigan

Flook

Franz

Funderburk

Gatschenberger

Grill

Grisamore

Guest

Harris

Hobbs

Hoskins 80

Hoskins 121

Icet

Jones 89

Jones 117

Keeney

Koenig

Kraus

Lair

Largent

Leara

LeBlanc

Liese

Loehner

McGhee

McNary

Meadows

Meiners

Molendorp

Morris

Munzlinger

Nance

Nieves

Nolte

Parkinson

Parson

Pollock

Pratt

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schoeller

Self

Silvey

Smith 150

Stevenson

Stream

Thomson

Tilley

Tracy

Viebrock

Vogt

Wallace

Wasson

Weter

Wildberger

Wilson 119

Wilson 130

Wood

Yates

Zerr

Mr Speaker

 

 

 

 

 

 

NOES: 054

 

 

 

 

 

 

 

 

 

Atkins

Aull

Brandom

Bringer

Burnett

Carter

Chappelle-Nadal

Colona

Corcoran

Dougherty

Dugger

Englund

Frame

Hodges

Holsman

Hummel

Kander

Kelly

Kingery

Kirkton

Komo

Kratky

Kuessner

Lampe

LeVota

Lipke

McClanahan

McDonald

McNeil

Nasheed

Norr

Oxford

Pace

Quinn

Roorda

Scavuzzo

Schoemehl

Schupp

Shively

Skaggs

Smith 14

Still

Storch

Sutherland

Swinger

Talboy

Todd

Walsh

Walton Gray

Webber

Witte

Wright

Yaeger

Zimmerman

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 010

 

 

 

 

 

 

Cunningham

El-Amin

Guernsey

Hughes

Jones 63

Low

Riddle

Spreng

Webb

Wells


            Speaker Richard declared the bill passed.


            HCS SB 26, relating to crime, was taken up by Representative Nolte.


             Representative Deeken offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Bill No. 26, Page 31, Section 561.031, Line 28, by inserting after said line the following:


              565.047. 1. A commission on the death penalty is hereby created within the office of administration to consist of ten members: two members from the house of representatives with one from each party (the majority party member shall be appointed by the speaker of the house of representatives and the minority party member shall be appointed by the minority floor leader); two members from the senate, one from each party (the majority party member shall be appointed by the president pro tem and the minority party member shall be appointed by the minority floor leader); a county prosecutor appointed by the Missouri Association of Prosecuting Attorneys and a criminal defense lawyer appointed by the Missouri Association of Criminal Defense Lawyers; the state public defender or his or her designee; the attorney general or his or her designee; a murder victim's family member and a family member of an individual on death row appointed by the director of the department of corrections. Commission members shall be comprised equally of individuals in favor and those opposed to the death penalty. The members of the commission shall serve without compensation, but the members shall be reimbursed for necessary expenses incurred in the work of the commission. The commission shall be appointed and staffed on or before December 1, 2009.

              2. The commission on the death penalty shall elect a chair. The commission shall be assisted in its work by the staff of the Missouri supreme court and the personnel and staff of the state public universities.

              3. The commission on the death penalty shall hold public hearings throughout the state, calling before it witnesses to testify and allowing other interested citizens to comment on issues relevant to the administration of the death penalty in Missouri.

              4. The commission shall study all aspects of the death penalty as administered in the state. As part of this study, the commission on the death penalty shall review and analyze all cases in which the death penalty was sought and use a scientific method of random sampling to review and analyze a statistical representation of cases in which charges of first degree murder, second degree murder, or voluntary manslaughter were filed on or after January 1, 1977. The sampling shall have geographic representation across the state based on population distribution. Such review and analyses shall examine all available data concerning:

              (1) The facts of the offense including mitigating and aggravating circumstances;

              (2) The county in which the charges were filed;

              (3) The charges originally filed;

              (4) The crime for which the defendant was convicted, or to which the defendant entered a plea of guilty or for which the defendant was tried and acquitted;

              (5) The sentence imposed;

              (6) The age, race, gender, religious preference, and economic status of the defendant and the victim;

              (7) Whether evidence exists that the defendant was mentally retarded or mentally ill or both;

              (8) Whether the defendant had a prior criminal record and detailing that record if one exists;

              (9) The identity, number, and experience level of defense counsel at trial, appeal, and post conviction;

              (10) The identity, number, and experience level of trial and appellate prosecutors, including, where appropriate, members of the staff of the attorney general;

              (11) The body of evidence assembled to obtain a homicide conviction, including physical evidence, eyewitness testimony, informant testimony, etc.;

              (12) The results of any appellate review;

              (13) The results of any post-conviction review in state or federal court; and

              (14) The cost per disposition and implementation of sentence. A cost analysis shall include comparison costs, both direct and indirect, born by county and state governments in the prosecution and defense of the defendant in all homicide cases where a death sentence was sought and in at least an equal number of homicide cases where a death sentence was not sought.

              5. In considering the experience level of attorneys and the adequacy of resources as described in subdivisions (9) and (10) of subsection 4 of this section, the commission shall consider the experience and training levels required by the Missouri supreme court, the experience and training levels required by the courts and legislatures of other jurisdictions in which the death penalty is imposed, and the recommendations of national associations.

              6. The review conducted by the commission shall include all such charges filed during the study period.

              7. The commission shall study whether alternatives to the death penalty exist that would sufficiently ensure public safety and address other legitimate social and penological interests, including the interests of families of victims.

              8. The commission shall report its findings and recommendations regarding the death penalty, including remedies for any deficiencies found by the commission, to the governor, members of the legislature, and the Missouri supreme court by January 1, 2012.

              9. The commission shall make recommendations for amendments to the statutes and court rules pertaining to cases in which the death penalty is sought or imposed to provide assurances that:

              (1) Defendants who are sentenced to death are in fact guilty of first degree murder;

              (2) Defendants in cases in which the death penalty is sought are provided adequate and experienced counsel and adequate resources for the defense of their cases at trial and at the appellate and post-conviction stages;

              (3) Race does not play an impermissible role in determining which defendants are sentenced to death;

              (4) Appellate and post-conviction procedures are adequate to provide a fair opportunity for the courts of this state to correct errors and injustices that occurred at trial in cases in which the death penalty is imposed, including but not limited to allowing access to physical evidence for later testing and analysis; and

              (5) All prosecutors throughout the state use similar criteria to determine whether to seek the death penalty in a case involving criminal homicide.

              10. No execution of a defendant shall take place between the effective date of this section and January 1, 2012.

              11. During the moratorium period, the special procedures in cases of first degree murder provided in sections 565.030 to 565.040 and any other proceedings related to capital cases, including motions for post-conviction relief, shall continue to be operative and shall proceed as if no such moratorium were in place, except that no day certain for execution shall be appointed that falls during the moratorium."; and


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


             Representative Jones (117) 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 Bill No. 26, Page 4, Lines 8 through 15 by deleting all of said lines and inserting in lieu thereof the following:


              ' “the death penalty in a case involving criminal homicide.”; and'; and


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

 

Speaker Pro Tem Pratt assumed the Chair.


            Representative Self moved the previous question.


            Which motion was adopted by the following vote:


AYES: 085

 

 

 

 

 

 

 

 

 

Allen

Bivins

Brandom

Brown 30

Brown 149

Bruns

Burlison

Cooper

Cox

Cunningham

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dugger

Dusenberg

Emery

Ervin

Faith

Fisher 125

Flanigan

Flook

Franz

Funderburk

Gatschenberger

Grisamore

Guernsey

Guest

Hobbs

Hoskins 121

Icet

Jones 89

Jones 117

Keeney

Kingery

Koenig

Kraus

Lair

Leara

Lipke

McGhee

McNary

Molendorp

Munzlinger

Nance

Nieves

Nolte

Parkinson

Parson

Pollock

Pratt

Riddle

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

Stream

Thomson

Tracy

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright

Yates

Zerr

Mr Speaker

 

 

 

 

 

NOES: 072

 

 

 

 

 

 

 

 

 

Atkins

Aull

Biermann

Bringer

Brown 50

Brown 73

Burnett

Calloway

Carter

Casey

Chappelle-Nadal

Colona

Corcoran

Curls

Dougherty

El-Amin

Englund

Fallert

Fischer 107

Frame

Grill

Harris

Hodges

Holsman

Hoskins 80

Hughes

Hummel

Jones 63

Kander

Kelly

Kirkton

Komo

Kratky

Kuessner

Lampe

LeBlanc

LeVota

Liese

Low

McClanahan

McDonald

McNeil

Meadows

Meiners

Morris

Nasheed

Norr

Oxford

Pace

Quinn

Roorda

Rucker

Salva

Schieffer

Schoemehl

Schupp

Shively

Skaggs

Spreng

Still

Storch

Swinger

Talboy

Todd

Vogt

Walsh

Walton Gray

Webb

Wildberger

Witte

Yaeger

Zimmerman

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Largent

Loehner

Scavuzzo

Sutherland

Tilley

Webber

 

 

 

 




            On motion of Representative Jones (117), House Amendment No. 1 to House Amendment No. 1 was adopted by the following vote:


AYES: 095

 

 

 

 

 

 

 

 

 

Allen

Aull

Biermann

Bivins

Brandom

Bringer

Brown 30

Brown 149

Bruns

Burlison

Casey

Cooper

Corcoran

Cox

Cunningham

Davis

Day

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dugger

Dusenberg

Emery

Ervin

Faith

Fisher 125

Flanigan

Flook

Frame

Franz

Funderburk

Gatschenberger

Grisamore

Guernsey

Guest

Hobbs

Hodges

Hoskins 121

Icet

Jones 89

Jones 117

Keeney

Kingery

Koenig

Komo

Kraus

Kuessner

Lair

Largent

Leara

Liese

Lipke

McNary

Molendorp

Munzlinger

Nance

Nieves

Nolte

Parkinson

Parson

Pollock

Pratt

Riddle

Ruestman

Ruzicka

Sater

Schad

Scharnhorst

Schieffer

Schlottach

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

Stream

Swinger

Thomson

Todd

Tracy

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright

Yates

Zerr

Mr Speaker

 

 

 

 

 

NOES: 064

 

 

 

 

 

 

 

 

 

Atkins

Brown 50

Brown 73

Burnett

Calloway

Carter

Chappelle-Nadal

Colona

Curls

Deeken

Dougherty

El-Amin

Englund

Fallert

Fischer 107

Grill

Harris

Holsman

Hoskins 80

Hughes

Hummel

Jones 63

Kander

Kelly

Kirkton

Kratky

Lampe

LeBlanc

LeVota

Low

McClanahan

McDonald

McGhee

McNeil

Meadows

Meiners

Morris

Nasheed

Norr

Oxford

Pace

Quinn

Roorda

Rucker

Salva

Sander

Scavuzzo

Schaaf

Schoemehl

Schupp

Shively

Skaggs

Spreng

Still

Storch

Talboy

Vogt

Walsh

Walton Gray

Webb

Webber

Wildberger

Witte

Yaeger

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Loehner

Sutherland

Tilley

Zimmerman

 


            Representative Self moved the previous question.


            Which motion was adopted by the following vote:


AYES: 087

 

 

 

 

 

 

 

 

 

Allen

Bivins

Brandom

Brown 30

Brown 149

Bruns

Burlison

Cooper

Cox

Cunningham

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dugger

Dusenberg

Emery

Ervin

Faith

Fisher 125

Flanigan

Flook

Franz

Funderburk

Gatschenberger

Grisamore

Guernsey

Guest

Hobbs

Hoskins 121

Icet

Jones 89

Jones 117

Keeney

Kingery

Koenig

Kraus

Lair

Largent

Leara

Lipke

Loehner

McGhee

McNary

Molendorp

Munzlinger

Nance

Nieves

Nolte

Parkinson

Parson

Pollock

Pratt

Riddle

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

Stream

Thomson

Tilley

Tracy

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright

Zerr

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 072

 

 

 

 

 

 

 

 

 

Atkins

Aull

Biermann

Bringer

Brown 50

Brown 73

Burnett

Calloway

Carter

Casey

Chappelle-Nadal

Colona

Corcoran

Curls

Dougherty

El-Amin

Englund

Fallert

Fischer 107

Frame

Grill

Harris

Hodges

Holsman

Hoskins 80

Hummel

Jones 63

Kander

Kelly

Kirkton

Komo

Kratky

Kuessner

Lampe

LeBlanc

LeVota

Liese

Low

McClanahan

McDonald

McNeil

Meadows

Meiners

Morris

Nasheed

Norr

Oxford

Pace

Quinn

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Schupp

Shively

Skaggs

Spreng

Still

Storch

Swinger

Todd

Vogt

Walsh

Walton Gray

Webb

Webber

Wildberger

Witte

Yaeger

Zimmerman

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Hughes

Sutherland

Talboy

Yates

 


            On motion of Representative Deeken, House Amendment No. 1, as amended, was adopted by the following vote:


AYES: 127

 

 

 

 

 

 

 

 

 

Allen

Atkins

Aull

Biermann

Bringer

Brown 30

Brown 50

Brown 73

Brown 149

Bruns

Burlison

Burnett

Calloway

Carter

Casey

Chappelle-Nadal

Colona

Corcoran

Curls

Day

Deeken

Denison

Diehl

Dixon

Dougherty

Dugger

Dusenberg

El-Amin

Emery

Englund

Faith

Fallert

Fischer 107

Flanigan

Flook

Frame

Gatschenberger

Grill

Grisamore

Guernsey

Guest

Harris

Hobbs

Hodges

Holsman

Hoskins 80

Hoskins 121

Hughes

Hummel

Icet

Jones 63

Kander

Keeney

Kelly

Kirkton

Komo

Kratky

Kraus

Kuessner

Lair

Lampe

Largent

Leara

LeBlanc

LeVota

Liese

Loehner

Low

McClanahan

McDonald

McGhee

McNary

McNeil

Meadows

Meiners

Morris

Munzlinger

Nance

Nasheed

Norr

Oxford

Pace

Parson

Pratt

Quinn

Riddle

Roorda

Rucker

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schoemehl

Schupp

Self

Shively

Skaggs

Spreng

Still

Storch

Stream

Swinger

Thomson

Tilley

Todd

Tracy

Vogt

Wallace

Walsh

Walton Gray

Wasson

Webb

Webber

Weter

Wildberger

Wilson 130

Witte

Wright

Yaeger

Zerr

Zimmerman

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 031

 

 

 

 

 

 

 

 

 

Bivins

Brandom

Cooper

Cox

Cunningham

Davis

Dethrow

Ervin

Fisher 125

Franz

Funderburk

Jones 89

Jones 117

Kingery

Lipke

Molendorp

Nieves

Nolte

Parkinson

Pollock

Ruestman

Ruzicka

Schoeller

Silvey

Smith 14

Smith 150

Stevenson

Viebrock

Wells

Wilson 119

Wood

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

 

Dieckhaus

Koenig

Sutherland

Talboy

Yates


            Representative Lipke offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for Senate Bill No. 26, Section 595.060, Page 61, Lines 1 to 16, by deleting all of said section from the bill; and


              Further amend said bill, Section 595.220, Pages 65 to 67, Lines 1 to 48, by deleting all of said section from the bill; and


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

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


            Representative Lipke offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for Senate Bill No. 26, Section 556.036, Page 29, Line 7, by inserting immediately after the word “months” the following:


              ;

              (4) For any violation of section 569.040, RSMo, when classified as a class B felony, or any violation of section 569.050 or 569.055, RSMo, five years”; and


              Further amend said substitute, said section, said page, Lines 24 - 25, by deleting all of said lines and inserting in lieu thereof the following:


              “more than three years.”; and


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


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


            Representative Self moved the previous question.


            Which motion was adopted by the following vote:


AYES: 086

 

 

 

 

 

 

 

 

 

Allen

Bivins

Brandom

Brown 30

Brown 149

Bruns

Burlison

Cooper

Cox

Cunningham

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Dixon

Dugger

Dusenberg

Emery

Ervin

Faith

Fisher 125

Flanigan

Flook

Franz

Funderburk

Gatschenberger

Grisamore

Guernsey

Guest

Hobbs

Hoskins 121

Icet

Jones 89

Jones 117

Keeney

Kingery

Koenig

Kraus

Lair

Largent

Leara

Lipke

Loehner

McGhee

McNary

Molendorp

Munzlinger

Nance

Nieves

Nolte

Parkinson

Parson

Pollock

Pratt

Riddle

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

Stream

Thomson

Tracy

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright

Yates

Zerr

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 069

 

 

 

 

 

 

 

 

 

Atkins

Aull

Biermann

Bringer

Brown 50

Brown 73

Burnett

Calloway

Carter

Casey

Chappelle-Nadal

Colona

Corcoran

Curls

Dougherty

El-Amin

Englund

Fallert

Fischer 107

Frame

Grill

Harris

Hodges

Hoskins 80

Hughes

Hummel

Jones 63

Kander

Kelly

Kirkton

Komo

Kratky

Kuessner

Lampe

LeBlanc

LeVota

Liese

Low

McClanahan

McDonald

McNeil

Meadows

Meiners

Morris

Norr

Oxford

Pace

Quinn

Roorda

Rucker

Scavuzzo

Schieffer

Schoemehl

Schupp

Shively

Skaggs

Still

Storch

Swinger

Talboy

Todd

Vogt

Walsh

Walton Gray

Webb

Webber

Witte

Yaeger

Zimmerman

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

Diehl

Holsman

Nasheed

Salva

Spreng

Sutherland

Tilley

Wildberger

 

 


            On motion of Representative Nolte, HCS SB 26, as amended, was adopted.


            On motion of Representative Nolte, HCS SB 26, as amended, was read the third time and passed by the following vote:


AYES: 146

 

 

 

 

 

 

 

 

 

Allen

Atkins

Aull

Biermann

Bivins

Brandom

Brown 30

Brown 50

Brown 73

Brown 149

Bruns

Burlison

Calloway

Carter

Casey

Chappelle-Nadal

Cooper

Corcoran

Cox

Cunningham

Curls

Davis

Day

Deeken

Denison

Dethrow

Dieckhaus

Diehl

Dixon

Dougherty

Dusenberg

El-Amin

Emery

Englund

Ervin

Faith

Fallert

Fischer 107

Fisher 125

Flanigan

Flook

Frame

Franz

Funderburk

Gatschenberger

Grill

Grisamore

Guernsey

Guest

Harris

Hobbs

Hodges

Holsman

Hoskins 80

Hoskins 121

Hummel

Icet

Jones 63

Jones 89

Jones 117

Kander

Keeney

Kelly

Kingery

Kirkton

Koenig

Komo

Kratky

Kraus

Kuessner

Lair

Lampe

Largent

Leara

LeBlanc

LeVota

Liese

Loehner

Low

McDonald

McGhee