Journal of the Senate

FIRST REGULAR SESSION

SECOND EXTRA SESSION

THIRD DAY--WEDNESDAY, SEPTEMBER 10, 1997

The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, we often are fearful that we are so busy doing good things that we don't have time to do the best. Help us to take time to be the best that we can be and give us the wisdom to do our best without keeping our neighbor from living by the best in him. Give us the insight to recognize the best when we find it. Amen.

The Pledge of Allegiance to the Flag was recited.

A quorum being established, the Senate proceeded with its business.

The Journal of the previous day was read and approved.

Senator Quick announced that photographers from the Associated Press, KRCG-TV and the Senate had been given permission to take pictures in the Senate Chamber today.

The following Senators were present during the day's proceedings:

RESOLUTIONS

Senator House offered Senate Resolution No. 11, regarding Troy Flower & Gift Shop, Troy, which was adopted.

REPORTS OF STANDING COMMITTEES

Senator Scott, Chairman of the Committee on State Budget Control, submitted the following report:

Mr. President: Your Committee on State Budget Control, to which was referred SB 1, begs leave to report that it has considered the same and recommends that the bill do pass.

THIRD READING OF SENATE BILLS

SB 3, introduced by Senator Maxwell, et al, entitled:

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.

Was taken up by Senator Maxwell.

On motion of Senator Maxwell, SB 3 was read the 3rd time and passed by the following vote:

The President Pro Tem declared the bill passed.

On motion of Senator Maxwell, title to the bill was agreed to.

Senator Maxwell moved that the vote by which the bill passed be reconsidered.

Senator Mathewson moved that motion lay on the table, which motion prevailed.

President Wilson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

SB 1, introduced by Senator Mathewson, entitled:

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, 100.760, 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-three new sections relating to the same subject, with an effective date for certain sections and with a termination date for a certain section.

Was taken up.

Senator Quick assumed the Chair.

President Pro Tem McKenna assumed the Chair.

President Wilson assumed the Chair.

On motion of Senator Mathewson, SB 1 was read the 3rd time and passed by the following vote:

The President declared the bill passed.

On motion of Senator Mathewson, title to the bill was agreed to.

Senator Mathewson moved that the vote by which the bill passed be reconsidered.

Senator Quick moved that motion lay on the table, which motion prevailed.

MESSAGES FROM THE HOUSE

The following messages were received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HB 1, entitled:

An Act relating to certain nonprofit membership corporations organized for the purpose of supplying waste water disposal and treatment services.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 2, entitled:

An Act relating to sales taxation, with an emergency clause.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 3, entitled:

An Act to repeal sections 67.1150, 67.1170, 67.1177, 94.800, 94.802, 94.805, 94.810, 94.812, 94.815, 94.817, 94.820 and 94.822, RSMo 1994, and section 67.1300 as enacted by the first regular session of the eighty-ninth general assembly in conference committee substitute for house substitute for house committee substitute for senate bill no. 21 and approved by the governor on July 7, 1997, relating to municipalities and other political subdivisions, and to enact in lieu thereof thirteen new sections relating to remedying potential constitutional defects in the local tourism taxes of municipalities and other political subdivisions currently authorized pursuant to state law or in bills passed by the eighty-ninth general assembly during the first regular session, as well as revisions ancillary to authorization of said tourism taxes, with an emergency clause.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 4, entitled:

An Act to repeal section 115.125, as truly agreed to in house committee substitute for senate bill no. 132 enacted during the first regular session of the eighty-ninth general assembly, relating to notification of elections, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

Emergency clause adopted.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

On motion of Senator Quick, the Senate recessed until 4:30 p.m.

RECESS

The time of recess having expired, the Senate was called to order by Senator Wiggins.

On motion of Senator Quick, the Senate recessed until 8:00 p.m.

RECESS

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

MESSAGES FROM THE GOVERNOR

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

THIRD SPECIAL MESSAGE AMENDED

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, on September 8, 1997, by my Special Messages I expanded the matters specifically designated in said Proclamation; and

WHEREAS, the Speaker Pro Tem, Senator William P. McKenna, has requested that I expand the previously issued Proclamation and Special Messages in order to allow the General Assembly to consider legislation to prohibit "partial birth abortion"; and

WHEREAS, it has come to my attention that additional extraordinary matters need to be considered during this second extra session; and

WHEREAS, certain of those matters are related to the rulemaking authority of state agencies; and

WHEREAS, there currently exists an ambiguity in the election laws related to the entity responsible for writing the fiscal note and ballot summary for certain ballot measures; and

WHEREAS, there is a need to study the status of professional sports leagues and franchises in the state of Missouri and the impact on their economic development of the state of Missouri.

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 matter specifically designated in said Special Messages for consideration by the General Assembly to add to those matters already specifically designated in said Special Messages the additional specifically designated matters:

Consideration of legislation to prohibit "partial-birth abortion" except to preserve the woman's life or when the health of the woman is seriously threatened.

Consideration of legislation related to the rulemaking authority of state agencies.

Consideration of legislation that would remedy the current ambiguity in the election laws related to the entity responsible for writing the fiscal note and ballot summary for certain ballot measures

To include under section B of the previous Special Message the following: The establishment of one or more sports authorities to study and review any and all current major sports leagues, clubs or franchises operating in the State of Missouri and the analysis of possibilities for future growth and expansion of existing and new major sports leagues, clubs or franchises;

All other specifically designated matters contained in the Special Messages dated September 8, 1997 shall remain the same.

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 10th day of September,

1997.

(SEAL) /s/ Mel Carnahan

GOVERNOR

ATTEST:

/s/ Rebecca McDowell Cook

SECRETARY OF STATE

INTRODUCTION OF BILLS

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

SB 8--By Caskey, McKenna, Quick, Howard, Mathewson, Lybyer, Staples, Johnson and Maxwell.

An Act to repeal sections 188.015, 188.030, 188.035 and 188.075, RSMo 1994, relating to banning partial birth abortions, and to enact in lieu thereof five new sections relating to the same subject.

SB 9--By Kinder, Schneider, Wiggins, Russell, Westfall and Ehlmann.

An Act to repeal sections 188.015, 188.030, 188.035 and 188.075, RSMo 1994, relating to abortions, and to enact in lieu thereof five new sections relating to the same subject, with a penalty provision.

INTRODUCTIONS OF GUESTS

Senator Bentley introduced to the Senate, former State Representative George Donnegan, Springfield.

On behalf of Senate Jacob, the President introduced to the Senate, Manuel Pacheco, Columbia.

Senator Bentley introduced to the Senate, Kirk Elmquist, Springfield.

Senator Kinder introduced to the Senate, John Cook, Cape Girardeau.

On motion of Senator Quick, the Senate adjourned until 8:00 a.m., Thursday, September 11, 1997.

SENATE CALENDAR

______

FOURTH DAY-THURSDAY, SEPTEMBER 11, 1997

______

FORMAL CALENDAR

SECOND READING OF SENATE BILLS

HOUSE BILLS ON SECOND READING