JOURNAL OF THE SENATE

NINETY-SECOND GENERAL ASSEMBLY

OF THE

STATE OF MISSOURI

FIRST EXTRA SESSION

OF THE


FIRST REGULAR SESSION


FIRST DAY--MONDAY, JUNE 2, 2003

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

The Reverend Carl Gauck offered the following prayer:

"Encourage one another and build one another up." (1 Thessalonians 5:11)

We are back Lord, to be the responsible people You have called to service. We pray O Lord that even as we debate the budget once again and differ in opinion from one another, that we may "build one another up" by respecting each other and listen tentatively. As we do so may we direct our efforts to doing what is truly needed and necessary for the people who sent us here. In Your Holy Name, we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

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

Present--Senators
Bartle Bland Bray Caskey
Cauthorn Champion Childers Clemens
Coleman Days Dolan Foster
Gibbons Goode Griesheimer Gross
Jacob Kennedy Kinder Klindt
Loudon Mathewson Nodler Quick
Russell Scott Shields Steelman
Stoll Vogel Wheeler Yeckel--32
Absent with leave--Senator Dougherty--1
Vacancies--1
The Lieutenant Governor was present.

Photographers from KOMU-TV, KRCG-TV, KMIZ-TV, KSDK-TV and the Associated Press were given permission to take pictures in the Senate Chamber today.

RESOLUTIONS

Senator Gibbons offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 1

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

Senator Gibbons offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 2

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

COMMUNICATIONS FROM THE GOVERNOR

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

PROCLAMATION

WHEREAS, Article III, Section 25 of the Constitution of the State of Missouri prohibits the General Assembly during its Regular Session from taking up for consideration any appropriation bill after 6:00 p.m. on the first Friday following the first Monday in May of each year; and

WHEREAS, May 9, 2003, was the first Friday following the first Monday in May of this year during the first Regular Session of this 92nd General Assembly; and

WHEREAS, the budget the General Assembly presented to the Governor on May 21, 2003, is significantly unbalanced and inadequate in that it fails to provide sufficient funds for education and those government services that protect all citizens, including children and the most vulnerable Missourians; and

WHEREAS, the 2004 fiscal year begins on July 1, 2003; and

WHEREAS, I vetoed Conference Committee Substitute for Senate Committee Substitute for House Substitute for House Bill No. 10 because:

This bill reduces services to our most vulnerable citizens. Under this bill treatment and services for more than 3,200 mentally ill adults, 800 emotionally disordered children and almost 6,000 persons with a developmental disability will be reduced or eliminated. Substance abuse and treatment services will also be reduced or eliminated for over 7,000 Missourians. In addition, it eliminates women's health services, which are often the only primary health care services provided to over 30,000 low-income women. We cannot pretend that by cutting these dollars that there is no longer the need to serve and protect these citizens; and

WHEREAS, I vetoed Conference Committee Substitute for Senate Committee Substitute for House Substitute for House Bill No. 3 because:

This bill reduces state aid to Missouri's two- and four-year colleges and universities to unacceptable levels. Under this bill, tuition and fees would increase at an average rate of approximately 10%, forcing a "tax increase" on low and middle income families. The reductions to various grant and scholarship programs will further reduce the availability of higher education opportunities. Families with lower and middle incomes may no longer be able to afford the cost of college. Due to the multiplier effect of these cuts to higher education institutions on their local and regional economies, the negative economic impact could result in additional reductions of $50-$150 million in these communities and regions; and

WHEREAS, I vetoed Conference Committee Substitute for Senate Committee Substitute for House Substitute for House Bill No. 11 because:

This bill reduces support and critical services to people who need it the most. About 13,000 low-income working adults will lose healthcare coverage due to reductions in the Medicaid program. This reduction could lead to an increase in more costly emergency room visits and unhealthy parents unable to care for their children. The CHOICES program, which assists over 1,000 foster care youth between the ages of 13 and 15 in becoming responsible adults, will be eliminated. Grandparents raising their grandchildren will have an additional financial burden due to lower reimbursement rates under the Grandparents as Foster Parents Program. The state's effort to help eliminate violence in the home will be hampered because of reductions in Domestic Violence grants. Reduced support for community services will hurt welfare recipient's ability to achieve self-sufficiency. Community Partnerships have been productive in leveraging local and federal funds to address the social problems of their communities. These essential services are necessary to protect our most vulnerable citizens. This bill also reduces funding for Medicaid programs that are not connected to any cost-savings policy or statutory change. These reductions are not sustainable and must be restored to achieve a balanced budget; and

WHEREAS, I vetoed Conference Committee Substitute for Senate Committee Substitute for House Substitute for House Bill No. 2 because:

This bill reduces state aid to our public schools to unacceptable levels. Since a significant percentage of the foundation program supports teacher salaries, such a cut is likely to result in the layoff of 3,400 school employees, including 2,038 teachers across the state. The elimination of the Science, Social Studies, and Health Education assessments is a step backwards in accountability of Missouri schools. The department and local school districts will be unable to determine how well students are performing in these important subject areas. Our children are our future. Reduced funding for education jeopardizes our commitment to provide quality public education to our children. It also jeopardizes the progress we've made improving test scores and drop out rates. We must protect the state's investment in education; and

WHEREAS, sufficient appropriations are still necessary for the budgets of the Departments of Elementary and Secondary Education, Health and Mental Health, Higher Education, Social Services and other governmental entities as specifically designated and limited below in paragraphs numbered as 1 through 4; and

WHEREAS, the failure to appropriate sufficient funds for the continued operations of the Departments of Elementary and Secondary Education, Health and Mental Health, Higher Education, Social Services and other governmental entities as specifically designated and limited below in paragraphs numbered as 1 through 4 would cause a serious disruption in the delivery of state and local governmental services to Missouri citizens, as the state would have insufficient funds to operate after June 30, 2003; and

WHEREAS, such a disruption in the delivery of state and local governmental services would constitute a serious threat to the health, safety, and welfare of the citizens of Missouri; and

WHEREAS, such a disruption in the delivery of state and local governmental services would impede the Governor from carrying out his duties pursuant to Article IV, Section 2, of the Constitution of Missouri to "take care that the laws are distributed and faithfully executed;" and

WHEREAS, Article IV, Section 9, authorizes the Governor to "On extraordinary occasions….convene the General Assembly by proclamation, wherein he shall state specifically each matter on which action is deemed necessary;" and

WHEREAS, such failure to appropriate adequate funds as required by the Constitution of the State of Missouri 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, BOB HOLDEN, GOVERNOR OF THE STATE OF MISSOURI, pursuant to the authority vested in me as Governor by the Constitution and Laws of the State of Missouri, do, by this Proclamation, convene the Ninety Second General Assembly of the State of Missouri in the First 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 12:00 p.m., Central Daylight Time, June 2, 2003; and

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

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 30th day of (SEAL) May, 2003.



/s/ Bob Holden

GOVERNOR

ATTEST:

/s/ Matt Blunt

INTRODUCTION OF BILLS

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

SB 1--By Mathewson.

An Act to repeal sections 313.805 and 313.822, RSMo, and to enact in lieu thereof two new sections relating to gaming, with a referendum clause.

SB 2--By Childers and Caskey.

An Act to repeal sections 137.073, 143.151, 143.161, 160.530, 160.545, 162.081, 163.014, 163.015, 163.021, 163.022, 163.023, 163.025, 163.028, 163.031, 163.032, 163.034, 163.035, 163.161, 163.172, 168.500, 168.505, 168.510, 168.515, 168.520, 171.031, 174.020, 313.820, RSMo, and section 171.031 as truly agreed to and finally passed by the first regular session of the ninety-second general assembly in conference committee substitute for house substitute for house committee substitute for senate committee substitute for senate bill no. 686, and section 174.020 as truly agreed to and finally passed by the first regular session of the ninety-second general assembly in senate substitute no. 2 for senate committee substitute for senate bill no. 55, and to enact in lieu thereof fourteen new sections relating to education, with a referendum clause.

SB 3--By Childers.

An Act to repeal section 144.020, RSMo, and to enact in lieu thereof one new section relating to sales taxes, with a referendum clause.

CONCURRENT RESOLUTIONS

Senators Mathewson and Caskey offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 1

WHEREAS, the state of Missouri has been subjected to extreme economic hardship as a result of a contracting national economy and loss of jobs; and

WHEREAS, this national economic contraction and loss of jobs resulted in serious fiscal shortfalls for the state of Missouri; and

WHEREAS, the remedy of this emergency is vested in the duly elected General Assembly of the state of Missouri under the Constitution of Missouri:

NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Second General Assembly, First Extraordinary Session, the House of Representatives concurring therein, hereby resolve to reject receipt of our per diems, office allowances and appurtenances thereto for the entirety of the First Extraordinary Session of this General Assembly; and

BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution so that its intention and direction be expedited forthwith.



INTRODUCTION OF BILLS

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

SB 4-By Goode.

An Act to amend chapters 136, 143, 149, and 313, RSMo, by adding thereto six new sections relating to the Hancock Health, Education, and Safety Surcharge Fund, with a referendum clause.

SB 5-By Goode.

An Act to repeal sections 313.805 and 313.820, RSMo, and to enact in lieu thereof two new sections relating to licensed gaming activities, with a contingent effective date.

SB 6-By Goode.

An Act to repeal sections 143.091, 143.121,

143.124, 143.225, 143.261, 143.431, 143.451, 144.010, 145.011, 145.091, 145.481, 145.961, 145.995, 145.1000, and 351.484, RSMo, sections 144.030, 144.081, 144.190, 306.016, and 484.053 as truly agreed to and finally passed by the first regular session of the ninety-second general assembly in conference committee substitute for senate substitute for senate substitute for senate committee substitute for house committee substitute for house bill no. 600, and to enact in lieu thereof twenty-one new sections relating to taxation, with a contingent effective date.

Senator Shields assumed the Chair.

On motion of Senator Gibbons, the Senate adjourned until 9:00 a.m., Tuesday, June 3, 2003.



SENATE CALENDAR

______



SECOND DAY-TUESDAY, JUNE 3, 2003

______



FORMAL CALENDAR



SECOND READING OF SENATE BILLS



SB 1-Mathewson

SB 2-Childers and Caskey

SB 3-Childers



SB 4-Goode

SB 5-Goode

SB 6-Goode



RESOLUTIONS





SCR 1-Mathewson and Caskey