Journal of the Senate

FIRST REGULAR SESSION

FIRST EXTRA SESSION

EIGHTH DAY--FRIDAY, SEPTEMBER 14, 2001

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

Gracious God, we join the people of this nation to pray this day for our country that we may discover strength while we feel vulnerable, obtain peace while feeling distressed and have solidarity amidst our diversity. And we pray especially for our fellow citizens whose lives were lost and whose families mourn that they may know Your grace and mercy. We pray for quick recovery to those injured this past week and the horrors that night brings them. As we pray we are mindful of how You teach us to be a people of peace and love; so help us work to ensure peace and safety among the people of this planet. Help us bring to justice those who would prefer chaos and disruption that Your message of love may be heard louder than theirs of violence and hatred. Open our hearts O Lord to appreciate more fully the gifts of freedom and grace we sometimes take for granted. And help us to love more completely those You have given us - our families and friends. In Your Holy Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

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

The Journal of the previous day was read and approved.

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

RESOLUTIONS

Senator Steelman offered Senate Resolution No. 46, regarding Mary Kleffner, Westphalia, which was adopted.

Senator Mathewson offered Senate Resolution No. 47, regarding Norman L. Campbell, Edwards, which was adopted.

Senator Dougherty, joined by the entire membership of the Senate, offered the following resolution, which was read:

SENATE RESOLUTION NO. 48

WHEREAS, on September 11, 2001, the United States suffered an unthinkable attack and enormous loss when four passenger planes were hijacked and used as instruments of terror; and

WHEREAS, in the wake of this tragedy the people of Great Britain, the Prime Minister and members of Parliament have demonstrated an outpouring of care, concern, sympathy and prayer; and

WHEREAS, the people of Great Britain have honored our country and our loss with moments of silence and cessation of the business of every day life to show solidarity with their brothers and sisters in the United States; and

WHEREAS, Great Britain has also suffered the loss of an unknown number of its own citizens as a result of this atrocity; and

WHEREAS, the Houses of Parliament have addressed this enormous tragedy by meeting in a rare special session to pledge their support and discuss Britain's response to this attack on human life; and

WHEREAS, the people of Great Britain have raised our Stars and Stripes and the music of our national anthem throughout the land to encourage our spirit of survival and hope:

NOW, THEREFORE, BE IT RESOLVED by the Missouri Senate, Ninety-first General Assembly, First Regular Session, First Extra Session, gratefully acknowledge the outpouring of support from our friends in Great Britain; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for Prime Minister Tony Blair and members of Great Britain's Parliament.

Senator Dougherty requested that the rules be suspended for the purpose of taking up SR 48 for adoption, which request was granted.

On motion of Senator Dougherty, SR 48 was adopted.

Senator Steelman, joined by the entire membership of the Senate, offered the following resolution, which was read:

SENATE RESOLUTION NO. 49

WHEREAS, the Flag of the United States of America is a unique symbol of our liberty, freedom and national unity; and

WHEREAS, on September 11, 2001, terrorists hijacked and destroyed four commercial aircraft, crashing two of them in to the World Trade Center in New York City, and crashing another aircraft into the Pentagon outside Washington, D.C.; and

WHEREAS, thousands of innocent people were killed and injured as a result of those attacks, including the passengers and crew of the four aircraft, workers and visitors in the World Trade Center and the Pentagon, rescue workers and bystanders:

NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-First General Assembly, First Extraordinary Session, join with the United States Congress in response to the terrorist attacks on the United States on September 11, 2001, and hereby urge encourage the citizens of Missouri to join with all United States citizens to defend and honor the nation and its symbols of strength, and for a period of 30 days after the date on which this resolution is agreed to, display the flag of the United States at homes, places of work and business, public buildings, and places of worship to remember those individuals who have been lost and to show the solidarity, resolve and strength of the state and nation; and

BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the Governor, the President of the United States Senate, the Speaker of the United States House of Representatives and the members of the Missouri Congressional delegation.

Senator Steelman requested that the rules be suspended for the purpose of taking up SR 49 for adoption, which request was granted.

On motion of Senator Steelman, SR 49 was adopted.

REPORTS OF STANDING COMMITTEES

Senator Kinder, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

Mr. President: Your Committee on Guber-natorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

Yvonne Hunter, as a member of the Board of Election Commissioners for St. Louis City;

Also,

Audrey R. Jones, as Chairperson and member of the Board of Election Commissioners for St. Louis City;

Also,

Maxine I. Lipeles, as a member of the Hazardous Waste Management Commission;

Also,

Pamela S. Wright, as Secretary and member of the Board of Election Commissioners for St. Louis County;

Also,

Lynda L. Lieberman, as a member of the Missouri State Board of Accountancy;

Also,

Stephen C. Bradford, as a member of the Conservation Commission;

Also,

Larry T. Sachse, as a member of the St. Charles County Convention and Sports Facilities Authority;

Also,

Gary Maienschein, as a member of the Advisory Committee on Lead Poisoning;

Also,

Diana M. Bourisaw, Ph.D., as a member of the Coordinating Board for Higher Education;

Also,

Brian Munzlinger, as a member of the Missouri Ethanol and Other Renewable Fuel Sources Commission;

Also,

Rollie Stadlman, as a member of the Board of Regents for Northwest Missouri State University;

Also,

Robert L. Abernathy, as a member of the Petroleum Storage Tank Insurance Fund Board of Trustees;

Also,

Cheryl Lynn Bisbee, as a member of the Board of Election Commissioners for Kansas City;

Also,

Eddie F. Brown, as a member of the Unmarked Human Burial Consultation Committee;

Also,

Theodore J. Cicero, Ph.D., as a member of the Missouri Seed Capital Investment Board;

Also,

Joanne Collins, as a member of the Air Conservation Commission;

Also,

Barbara A. Enneking, as a member of the Board of Election Commissioners for St. Louis County;

Also,

William L. Farr, as Missouri State Fire Marshal;

Also,

W. Dudley McCarter, as a member of the Children's Trust Fund Board;

Also,

Joyce Shaul, as a member of the Missouri Head Injury Advisory Council;

Also,

Wayman F. Smith III, as a member of the Harris-Stowe State College Board of Regents;

Also,

Kirby VanAusdall, as a member of the State Soil and Water Districts Commission;

Also,

Tammy L. Brown, as a member of the Board of Election Commissioners for Jackson County;

Also,

Emma Lou Brent, as a member of the Missouri Higher Education Loan Authority;

Also,

Robert Louis Meyer, as a member of the Missouri Agricultural and Small Business Development Authority;

Also,

Anne Carole Ream, O.D., as a member of the University of Missouri Board of Curators;

Also,

Adam B. Fischer, as a member of the Coordinating Board for Higher Education;

Also,

Jay M. Wilson, as the student representative of the Board of Governors for Central Missouri State University;

Also,

Donald W. McNutt, as a member of the Petroleum Storage Tank Insurance Fund Board of Trustees;

Also,

Thomas E. Atkins, as a member of the University of Missouri Board of Curators;

Also,

Rosa James, as a member of the Board of Election Commissioners for Kansas City;

Also,

William J. Baker, as Chairman of the Board of Election Commissioners for Jackson County;

Also,

Linda M. Locke, as a member of the Board of Election Commissioners for St. Louis County;

Also,

Cynthia Metcalfe, as a member of the Conservation Commission;

Also,

Gale Hackman, as a member of the State Milk Board;

Also,

Harry K. Kujath, as a member of the Missouri Community Service Commission;

Also,

John T. Howard, as a member of the Board of Geologist Registration;

Also,

Timothy J. Klotz, as a member of the Advisory Committee on Lead Poisoning;

Also,

F. Leland McClure, III, Ph.D., as a member of the Advisory Committee on Lead Poisoning;

Also,

Zoretta Schoonover, as a member of the Dam and Reservoir Safety Council;

Also,

William "Bill" A. Stuart, Sr., as a member of the State Board of Embalmers and Funeral Directors;

Also,

Diedra C. Thompson, as a member of the Organ Donation Advisory Committee;

Also,

Richard W. Sullivan, as Chairman and member of the Board of Election Commissioners for St. Louis County;

Also,

John C. Tlapek, as a member of the Board of Regents for Southeast Missouri State University;

Also,

Thomas M. Macdonnell, M.D., as a member of the State Board of Health.

Senator Kinder requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

Senator Kinder moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

Senator Kinder moved that the Governor's withdrawals, appearing on pages 81-94, of the Senate Journal for Wednesday, September 12, 2001 be returned to the Governor pursuant to his request, which motion prevailed.

RESOLUTIONS

Senator Kinder, joined by the entire membership of the Senate, offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 50

WHEREAS, the United States has suffered an enormous loss on September 11, 2001, when four passenger planes were hijacked by terrorists and caused catastrophic loss of human life by destroying the World Trade Center and damaging the Pentagon; and

WHEREAS, in the wake of this tragedy the people of the great State of Missouri answered the call to serve by volunteering locally and nationally and have joined the legions of volunteers from across this country freely sacrificing their time and energy to assist their colleagues as they willingly risk their own lives for those in need; and

WHEREAS, the people of Missouri have honored our country and our loss by volunteering to serve in the massive efforts to help our brothers and sisters in New York and Washington, D.C. by volunteering to be part of search and rescue teams, medical personnel, and blood donors; and

WHEREAS, these volunteers have worked tirelessly in challenging conditions with heavy hearts while being away from their families and loved ones in this stressful time; and

WHEREAS, the people of this great state have volunteered locally by giving blood and donating money and relief items for use in this national tragedy and by encouraging those volunteers who have gone to the emergency sites through their outpourings of support and prayer:

NOW, THEREFORE, BE IT RESOLVED by the Missouri Senate, Ninety-first General Assembly, First Regular Session, First Extra Session, gratefully acknowledge the outpouring of support from the people in this great State who have volunteered in this hour of need to help our fellow Americans; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the Governor.

On motion of Senator Kenney, the Senate recessed until 1:00 p.m.

RECESS

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

RESOLUTIONS

Senators Wiggins, DePasco and Kenney offered Senate Resolution No. 51, regarding Coach Al Davis, Jr., Kansas City, which was adopted.

Senator Schneider offered Senate Resolution No. 52, regarding Chief of Police, Colonel David L. Erker, Bellefontaine Neighbors, which was adopted.

Senator Quick offered Senate Resolution No. 53, regarding the Healing Ceremony of the Land at Frank Vaydik Park on Line Creek, Kansas City, which was adopted.

Senators Quick and Jacob offered Senate Resolution No. 54, regarding the Missouri Task Force One, which was adopted.

MESSAGES FROM THE GOVERNOR

The following message was received from the Governor:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

September 14, 2001

The Honorable Peter D. Kinder

President Pro Tem

Missouri Senate

State Capitol Building

Jefferson City, MO 65101

Dear Mr. President Pro Tem,

I am enclosing a Special Message to all the members of the General Assembly. Please enter the contents of the enclosed message into the journal for this day.

Respectfully submitted,

BOB HOLDEN

Governor

SPECIAL MESSAGE

WHEREAS, by my Proclamation dated August 24, 2001, I convened the Ninety-First General Assembly of the State of Missouri in the First Extra Session of the First Regular Session; and

WHEREAS, some clarification of the scope of numeral 1 of the Proclamation dated August 24, 2001, may be helpful to the General Assembly.

NOW THEREFORE, I, BOB HOLDEN, 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 clarify the matters specifically designated in my August 24, 2001, Proclamation for consideration by the General Assembly by stating the following:

Numeral 1 of the Proclamation dated August 24, 2001, which refers to "expanding Medicaid eligibility for seniors," is meant to guarantee that Medicaid eligibility is expanded to the benefit of seniors, but is not meant to preclude expanding Medicaid eligibility more generally if the General Assembly determines that such expansion is appropriate.

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 14th day of (SEAL) September, 2001.

/s/ Bob Holden

GOVERNOR

ATTEST:

/s/ Matt Blunt

PRIVILEGED MOTIONS

Senator Singleton, on behalf of the conference committee appointed to act with a like committee from the House on HS for SS for SCS for SBs 4, 1, 5 and 6, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 4, 1, 5 and 6

The Conference Committee appointed on House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 4, 1, 5 & 6 with House Amendments Nos. 1, 2, 3 and 5 begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 4, 1, 5 & 6, as amended;

2. That the Senate recede from its position on Senate Committee Substitute for Senate Bills Nos. 4, 1, 5 & 6;

3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 4, 1, 5 & 6, be Third Read and Finally Passed.

FOR THE SENATE: FOR THE HOUSE:

/s/ Marvin Singleton /s/ Mark Abel

/s/ Sarah H. Steelman /s/ Joan Barry

/s/ Bill Kenney /s/ Kate Hollingsworth

/s/ Ed Quick /s/ Patrick Naeger

/s/ Jim Mathewson /s/ Dr. Charles R. Portwood

Senator Singleton moved that the above conference committee report be adopted, which motion prevailed by the following vote:

On motion of Senator Singleton, CCS for HCS for SCS for SBs 4, 1, 5 and 6, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE

FOR SENATE COMMITTEE SUBSTITUTE

FOR SENATE BILLS NOS. 4, 1, 5 and 6

An Act to repeal sections 135.095 and 208.151, RSMo, relating to the Missouri Senior Rx program, and to enact in lieu thereof ten new sections relating to the same subject, with a reauthorization date, penalty provisions, and an emergency clause.

Was read the 3rd time and passed by the following vote:

The President declared the bill passed.

The emergency clause was adopted by the following vote:

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

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

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

MESSAGES FROM THE HOUSE

The following message was 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 adopted the Conference Committee Report on SS for SCS for HS for HCS for HB 3, as amended, and has taken up and passed CCS for SS for SCS for HS for HCS for HB 3.

Emergency clause adopted.

PRIVILEGED MOTIONS

Senator Singleton, on behalf of the conference committee appointed to act with a like committee from the House on SS for SCS for HS for HCS for HB 3, as amended, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 3

The Conference Committee appointed on Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 3 with Senate Substitute Amendment No. 1 for Senate Amendment No. 1, Senate Amendment No. 2, Senate Amendment No. 5, and Senate Substitute Amendment No. 1 for Senate Amendment No. 7, begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the Senate recede from its position on Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 3, as amended;

2. That the House recede from its position on House Substitute for House Committee Substitute for House Bill No. 3;

3. That the attached Conference Committee Substitute for Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 3, be Third Read and Finally Passed.

FOR THE HOUSE: FOR THE SENATE:

/s/ Mark Abel /s/ Marvin Singleton

/s/ Joan Barry /s/ Sarah H. Steelman

/s/ Kate Hollingsworth /s/ Bill Kenney

/s/ Patrick A. Naeger /s/ Ed Quick

/s/ Dr. Charles R. Portwood /s/ Jim Mathewson

Senator Singleton moved that the above conference committee report be adopted, which motion prevailed by the following vote:

Senator Singleton moved that the rules be suspended and CCS for SS for SCS for HS for HCS for HB 3, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 3

An Act to repeal sections 135.095 and 208.151, RSMo, relating to the Missouri Senior Rx program, and to enact in lieu thereof ten new sections relating to the same subject, with a reauthorization date, penalty provisions, and an emergency clause.

Be read the 3rd time and finally passed and the emergency clause adopted in one motion, which motion prevailed by the following vote:

The President declared the bill passed.

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

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

Senator Kenney 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 adopted the Conference Committee Report on HCS for SCS for SBs 4, 1, 5 and 6, as amended, and has taken up and passed CCS for HCS for SCS for SBs 4, 1, 5 and 6.

Emergency clause adopted.

Bill ordered enrolled.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HS for HCS for SCS for SBs 3, 8 and 9, entitled:

An Act relating to individual income tax treatment of federal credit or advance refund of federal credit allowed to individual taxpayers under section 6428 of the Internal Revenue Code for tax year 2001, with an emergency clause.

Emergency clause adopted.

In which the crespectfully requested.

PRIVILEGED MOTIONS

Senator Gibbons moved that SCS for SBs 3, 8 and 9, with HS for HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HS for HCS for SCS for SBs 3, 8 and 9, entitled:

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 3, 8 and 9

An Act relating to individual income tax treatment of federal credit or advance refund of federal credit allowed to individual taxpayers under section 6428 of the Internal Revenue Code for tax year 2001, with an emergency clause.

Was taken up.

Senator Gibbons moved that HS for HCS for SCS for SBs 3, 8 and 9 be adopted, which motion prevailed by the following vote:

Senator Gibbons moved that the rules be suspended and HS for HCS for SCS for SBs 3, 8 and 9 be read the 3rd time and finally passed and the emergency clause adopted in one motion, which motion prevailed by the following vote:

The President declared the bill passed.

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

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

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

Bill ordered enrolled.

MESSAGES FROM THE HOUSE

The following message was 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 adopted SCS for HS for HCS for HBs 5, 1 and 2 and has taken up and passed SCS for HS for HCS for HBs 5, 1 and 2.

Emergency clause adopted.

On motion of Senator Kenney, the Senate recessed for 15 minutes.

RECESS

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

REPORTS OF STANDING COMMITTEES

Senator Kenney, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following reports:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which were referred HS for HCS for SCS for SBs 3, 8 and 9 and CCS for HCS for SCS for SBs 4, 1, 5 and 6, begs leave to report that it has examined the same and finds that the bills have been duly enrolled and that the printed copies furnished the Senators are correct.

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and HS for HCS for SCS for SBs 3, 8 and 9 and CCS for HCS for SCS for SBs 4, 1, 5 and 6, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bills would be signed by the President Pro Tem to the end that they may become law. No objections being made, the bills were so read by the Secretary and signed by the President Pro Tem.

MESSAGES FROM THE HOUSE

The following message was 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 adopted SCS for HS for HCS for HB 4 and has taken up and passed SCS for HS for HCS for HB 4.

Emergency clause adopted.

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

RECESS

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

SIGNING OF BILLS

The President Pro Tem announced that all other business would be suspended and SCS for HS for HCS for HBs 5, 1 and 2; SCS for HS for HCS for HB 4; and CCS for SS for SCS for HS for HCS

for HB 3, having passed both branches of the General Assembly, would be read at length by the Secretary, and if no objections be made, the bills would be signed by the President Pro Tem to the end that they may become law. No objections being made, the bills were so read by the Secretary and signed by the President Pro Tem.

BILLS DELIVERED TO THE GOVERNOR

CCS for HCS for SCS for SBs 4, 1, 5 and 6 and HS for HCS for SCS for SBs 3, 8 and 9, after having been duly signed by the Speaker of the House of Representatives in open session, were delivered to the Governor by the Secretary of the Senate.

On motion of Senator Kenney, the Senate adjourned sine die.

JOE MAXWELL

Lieutenant Governor

TERRY L. SPIELER

Secretary of the Senate