Journal of the Senate EIGHTY-NINTH GENERAL ASSEMBLY OF THE STATE OF MISSOURI SECOND EXTRA SESSION OF THE FIRST REGULAR SESSION

FIRST DAY--MONDAY, SEPTEMBER 8, 1997

The Senate was called to order in Extra Session by Lieutenant Governor Wilson.

The Reverend G. Dale Norfolk offered the following prayer:

Our Father in Heaven, as we gather here to do what we have been selected to do, we are mindful of the loss to our world of Mother Teresa. Her's was a life of selfless giving. She helped others with no thought for herself. It is our prayer that those who serve here will be able to demonstrate something akin to those selfless ideals as the problems of the people of our state are addressed. In Jesus' Name, we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

COMMUNICATIONS FROM THE GOVERNOR

The President laid before the Senate the following proclamation from the Governor, reading of which was waived:

PROCLAMATION

WHEREAS, in the case of Tillis, et al v. City of Branson, the Supreme Court of Missouri held that the local tourism tax approved by voters was authorized pursuant to a state law which suffered from a constitutional defect which rendered the City of Branson powerless to impose the voter approved tax; and

WHEREAS, the city of Branson is subject to severe negative economic consequences if legislation to remedy the constitutional defect is not passed and approved; and

WHEREAS, the Department of Economic Development is an executive department of the State of Missouri, as enumerated in Article IV, Section 12 of the Missouri Constitution and the Reorganization Act of 1974; and

WHEREAS, Article IV, Section 36(a), authorizes the Department of Economic Development "to administer all programs provided by law relating to the promotion of the economy of the state, the economic development of the state, trade and business, and other activities and programs impacting on the economy of the state;" and

WHEREAS, the Eighty-Ninth General Assembly Truly Agreed and Finally Passed Conference Committee Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 165; and

WHEREAS, said bill was vetoed by me for the reasons stated in my veto message which is attached hereto and incorporated herein; and

WHEREAS, Conference Committee Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 165 did contain programs and activities related to or coordinated by the Department of Economic Development; and

WHEREAS, certain programs and activities related to or coordinated by the Department of Economic Development and contained in Conference Committee Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 165 are crucial to the immediate economic future of the State of Missouri because of their impact on the relocation or establishment of new businesses and the subsequent impact on job opportunities for all of Missouri citizens, as well as the economic health of towns, cities and counties, both urban and rural, in the State of Missouri; and

WHEREAS, Article IV, Section 9 of the Missouri Constitution, authorizes the Governor, "on extraordinary occasions [to] convene the general assembly by proclamation, wherein he shall state specifically each matter on which action is deemed necessary;" and

WHEREAS, the need to amend the Statutes of Missouri relating to (A) potential constitutional defects in the local tourism taxes currently authorized pursuant to state law, and, (B) certain programs and activities related to or coordinated by the Department of Economic Development is an extraordinary occasion as envisioned by Article IV, Section 9, of the Constitution of the State of Missouri.

NOW THEREFORE, on the extraordinary occasion that exists in the State of Missouri:

I, MEL CARNAHAN, GOVERNOR OF THE STATE OF MISSOURI, pursuant to the authority vested in me as Governor by the Constitution of the State of Missouri, do, by this Proclamation, convene the Eighty-Ninth General Assembly of the State of Missouri in the Second Extra Session of the First Regular Session; and

I HEREBY call upon the Senators and Representatives of said General Assembly to meet in their respective chambers in the State Capitol in the City of Jefferson at the hour of 4:00 p.m., Central Daylight Time, September 8, 1997; and

I HEREBY state that the action of said General Assembly is deemed necessary concerning each matter specially designated and limited hereinafter as follows:

(A) To remedy potential constitutional defects in the local tourism taxes currently authorized pursuant to state law; and

(B) To consider legislation relating to the following programs and activities related to or coordinated by the Department of Economic Development:

1. Tax Increment Financing

2. Missouri Development Finance Board

3. The Business Use Incentives for Large Scale Development Program

4. Enterprise Zones

5. Bank Community Development Corporation Tax Credits

6. Youth Opportunities and Violence Prevention Tax Credits

7. Certified Capital Companies

8. Ordering of Tax Credits

9. Mutual Funds Investment Companies

10. Community College New Jobs Training Program

11. Rehabilitation of Certified Historic Structures

12. Establishment of a property reuse revolving fund for what is popularly known as the Brownfields Program

13. Contracting Authority of Department of Economic Development

14. Research and Development Tax Credits

15. Microenterprise Loans

16. International Economic Development Exchange Program

17. Task Force on Trade and Investment

18. Community Development Corporations

19. Workfare Renovation Project

(C) Such additional and other matters as may be recommended by the Governor by special message to the General Assembly after it shall have convened.

IN WITNESS WHEREOF, I have hereunto

set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 25th day of August, 1997. (SEAL) /s/ Mel Carnahan

GOVERNOR

ATTEST:

/s/ Rebecca McDowell Cook

SECRETARY OF STATE

The following Senators were present during the day's proceedings:
Present--Senators
Banks Bentley Caskey Childers
Curls DePasco Ehlmann Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Schneider Sims Singleton Staples
Westfall Wiggins Yeckel Wilson--32

Nays--Senators

Absent--Senators--None

Absent with leave--Senators--None
Clay Flotron Scott--3

The Lieutenant Governor was present

RESOLUTIONS

Senator Quick offered the following resolution, which was read:

SENATE RESOLUTION NO. 1

BE IT RESOLVED by the Senate of the Eighty-ninth General Assembly, First Regular Session, that the Secretary of Senate inform the House of Representatives that the Senate is duly convened in the Second Extra Session of the First Regular Session and is ready for consideration of its business.

Senator Quick moved that the above resolution be adopted, which motion prevailed.

Senator Quick offered the following resolution, which was read:

SENATE RESOLUTION NO. 2

BE IT RESOLVED by the Senate of the Eighty-ninth General Assembly, that the rules of the Senate, as adopted by the Eighty-ninth General Assembly, First Regular Session, be declared the rules of the Second Extra Session of the First Regular Session.

Senator Quick moved that the above resolution be adopted, which motion prevailed.

INTRODUCTION OF BILLS

The following Bills were read the 1st time and 1,000 copies ordered printed:

SB 1--By Mathewson.

An Act to repeal sections 99.805, 99.810, 99.820, 99.825, 99.830, 99.835, 99.845, 99.865,100.255, 100.264, 100.275, 100.297, 135.208, 143.805, 178.896, 620.1069, 620.1072, 620.1075 and 620.1078, RSMo 1994, and sections 100.296, 100.840, 135.100, 135.200, 135.225, 135.230, 135.247, 135.400, 135.403, 135.405, 135.460, 135.500, 135.503, 135.508, 135.516, 143.451, 178.895, 447.710 and 620.1039, RSMo Supp. 1996, relating to programs coordinated or administered by the department of economic development, and to enact in lieu thereof sixty-nine new sections relating to the same subject, with an effective date for certain sections and with a termination date for a certain section.

SB 2--By Russell.

An Act to repeal sections 67.1170 and 67.1177, RSMo 1994, relating to certain business districts' sales taxes, and to enact in lieu thereof two new sections relating to the same subject.

MESSAGES FROM THE GOVERNOR

The following special message was received from the Governor, reading of which was waived:

SPECIAL MESSAGE

TO ALL MEMBERS OF THE EIGHTY-NINTH GENERAL ASSEMBLY OF THE STATE OF MISSOURI

WHEREAS, by my Proclamation dated August 25, 1997, I convened the Eighty-ninth General Assembly of the State of Missouri in the Second Extra Session of the First Regular Session; and

WHEREAS, it has come to my attention that additional extraordinary matters need to be considered during this Second Extra Session; and

WHEREAS, the said Second Extra Session of the General Assembly has convened in the City of Jefferson on September 8, 1997, pursuant to my call:

NOW THEREFORE, I, MEL CARNAHAN, GOVERNOR OF THE STATE OF MISSOURI, pursuant to the authority vested in me as Governor by the Constitution of the State of Missouri, do hereby amend the matters specifically designated in said Proclamation for consideration by the General Assembly as follows:

I HEREBY state that the action of said General Assembly is deemed necessary concerning each matter specially designated and limited hereinafter as follows:

(A) To remedy potential constitutional defects in the local tourism taxes currently authorized pursuant to state law or in bills passed by the Eighty-ninth General Assembly during their First Regular Session as well as revisions ancillary to authorization of said tourism taxes, and to enact such remedies and revisions with an emergency clause; and

(B) To consider legislation relating to the following programs and activities coordinated or administered by the Department of Economic Development:

1. Tax Increment Financing

2. Missouri Development Finance Board

3. The Business Use Incentives for Large Scale Development Program

4. Enterprise Zones

5. Bank Community Development Corporation Tax Credits

6. Youth Opportunities and Violence Prevention Tax Credits

7. Certified Capital Companies

8. Ordering of Tax Credits

9. Mutual Funds Investment Companies

10. Community College New Jobs Training Program

11. Rehabilitation of Certified Historic Structures or structures in a Certified Historic District

12. Establishment of a property reuse revolving fund for what is popularly known as the Brownfields Program

13. Research and Development Tax Credits

14. Microenterprise Loans

15. International Economic Development Exchange Program

16. Task Force on Trade and Investment

17. Community Development Corporations

18. Workfare Renovation Project; and

(C) To allow the Senate to consider appointments to boards, commissions, departments and divisions that require the advice and consent of the Senate; and

(D) To amend the deadline for notification to election authorities of matters intended to be submitted to the voters for elections which are authorized by newly enacted statutes or statutes whose effective date is after the current deadline for notice to election authorities of the call for an election, and to enact such legislation with an emergency clause in order for municipalities to utilize the legislation enacted during this second extra session; and

(E) To consider legislation relating to nonprofit sewer companies and the regulation of waste water treatments within watershed regions; and

(F) To consider legislation authorizing a municipal general sales tax subject to voter approval, and which contains a sunset provision and which tax would be used for the purpose of promoting economic development through the construction of a convention center.

(G) Such additional and other matters as may be recommended by the Governor by special message to the General Assembly after it shall have convened.

IN WITNESS WHEREOF, I have hereunto

set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 8th day of September, 1997. (SEAL) /s/ Mel Carnahan

GOVERNOR

ATTEST:

/s/ Rebecca McDowell Cook

SECRETARY OF STATE

On motion of Senator Quick, the Senate recessed for 5 minutes.

RECESS

The time of recess having expired, the Senate was called to order by President Wilson.

INTRODUCTION OF BILLS

The following Bills were read the 1st time and 1,000 copies ordered printed:

SB 3--By Maxwell,Childers and Mathewson.

An Act to amend chapter 393, RSMo, by adding thereto nineteen new sections to authorize the creation of certain nonprofit sewer corporations and enhance economic development.

SB 4--By Childers.

An Act to repeal sections 67.1150, 94.800, 94.802, 94.805, 94.810, 94.812, 94.815, 94.817, 94.820 and 94.822, RSMo 1994, relating to municipalities, and to enact in lieu thereof nine new sections relating to the same subject, with an emergency clause.

SB 5--By Rohrbach.

An Act to amend chapter 67, RSMo, relating to tourism tax, with an emergency clause.

SB 6--By House and Ehlmann.

An Act to repeal section 67.1150, RSMo 1994, relating to county convention and sports facilities authority, and to enact in lieu thereof one new section relating to the same subject.

MESSAGES FROM THE GOVERNOR

The following messages were received from the Governor, reading of which was waived:

OFFICE OF THE GOVERNOR State of Missouri Jefferson City, Missouri September 8, 1997

TO THE SENATE OF THE 89th GENERAL ASSEMBLY OF THE STATE OF MISSOURI, SECOND EXTRA SESSION:

I have the honor to transmit to you herewith for your advice and consent the following appointment, made and commissioned by me on June 26, 1997, while the Senate was not in session:

Willa M. Adelstein, 6300 West Route K, Columbia, Boone County, Missouri 65203, as a member of the Missouri Head Injury Advisory Council, for a term ending May 27, 1999, and until her successor is duly appointed and qualified; vice, reappointed to a full term.