Journal of the Senate

FIRST REGULAR SESSION

SECOND EXTRA SESSION

THIRD DAY--WEDNESDAY, SEPTEMBER 10, 2003

President Maxwell in the Chair.

The Reverend Carl Gauck offered the following prayer:

"The Lord was with him." (Genesis 39:23b)

Heavenly Father, it is through difficult times when decisions must be made that we need Your blessed assurance and guidance. We believe You are guiding our steps and are truly with us. Bless us now and help us, as You would want us to help others. 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 Journals for Monday, September 8, 2003, and Tuesday, September 9, 2003, were read and approved.

Photographers from KOMU-TV were given permission to take pictures in the Senate Chamber today.

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

SENATE BILLS FOR PERFECTION

Senator Foster moved that SB 4, with SCS, be taken up for perfection, which motion prevailed.

SCS for SB 4, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 4

An Act to repeal sections 660.300 and 660.317, RSMo, and to enact in lieu thereof two new sections relating to hiring restrictions for in-home and home health agencies, with penalty provisions and an emergency clause.

Was taken up.

Senator Foster moved that SCS for SB 4 be adopted, which motion prevailed.

On motion of Senator Foster, SCS for SB 4 was declared perfected and ordered printed.

RESOLUTIONS

Senators Vogel and Russell offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 8

WHEREAS, it is with special pleasure that the members of the Missouri Senate pause to recognize Lee Mace's Ozark Opry, which is commemorating the resplendent occasion of its Fiftieth Anniversary of operation in beautiful Lake Ozark, Missouri; and

WHEREAS, Lee and Joyce Mace began Lee Mace's Ozark Opry in 1953 in the hopes of preserving the true flavor of the Ozarks through its music and dance, and giving the many young people they knew from nearby towns the opportunity to showcase their musical talent; and

WHEREAS, Lee Mace's Ozark Opry made its first home in a small building next to Bagnell Dam, and moved to its current location on Highway 54 in 1957; and

WHEREAS, Lee and Joyce Mace developed a format for their show that repeats itself night after night to one audience after another for the entire season, a concept that was emulated a few years later in Branson, Missouri, and has spread as far away as Myrtle Beach, South Carolina; and

WHEREAS, a veteran of the Korean War, Lee Mace performed Johnny Cash's "Ragged Old Flag" on the show in 1981, which became one of the show's most requested numbers and continues to touch the hearts of audience members as it is played while a spotlight shines on Lee's bass fiddle and the American flag; and

WHEREAS, following the death of her husband on June 16, 1985, Joyce Mace continued the business that she helped establish so many years ago to preserve the traditions of country music in the Ozarks; and

WHEREAS, Lee Mace's Ozark Opry currently plays six nights a week during the summer months, and continues to provide quality entertainment to those individuals who come from both near and far to enjoy a memorable evening of song and dance that was originated by Lee and Joyce Mace:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninety-second General Assembly, unanimously join in extending our most hearty and robust congratulations to Joyce Mace and to the many talented performers at Lee Mace's Ozark Opry upon this very special anniversary event; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Lee Mace's Ozark Opry.

On motion of Senator Gibbons, the Senate recessed until 11:20 a.m.

RECESS

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

REPORTS OF STANDING COMMITTEES

Senator Gibbons, Chairman of the Committee on Rules, Joint Rules, Resolutions and Ethics, submitted the following report:

Mr. President: Your Committee on Rules, Joint Rules, Resolutions and Ethics, to which was referred SCS for SB 4, begs leave to report that it has examined the same and finds that the bill has been truly perfected and that the printed copies furnished the Senators are correct.

THIRD READING OF SENATE BILLS

Senator Foster requested unanimous consent of the Senate to suspend the rules for the purpose of taking up SCS for SB 4 for 3rd reading and final passage, which request was granted.

SCS for SB 4, entitled:

An Act to repeal sections 660.300 and 660.317, RSMo, and to enact in lieu thereof two new sections relating to hiring restrictions for in-home and home health agencies, with penalty provisions and an emergency clause.

Was taken up.

On motion of Senator Foster, SCS for SB 4 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 Foster, title to the bill was agreed to.

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

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

SECOND READING OF SENATE BILLS

The following Bill was read the 2nd time and referred to the Committee indicated:

SB 7--Education.

COMMUNICATIONS

President Pro Tem Kinder submitted the following:

September 9, 2003

Mrs. Terry Spieler

Secretary of the Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointments for Joint Committee on Out-of-School Programs

Dear Terry:

Pursuant to House Concurrent Resolution No. 11 (2003 session), I am appointing the following Senators to the Joint Committee on Out-of-School Programs:

Senator Anita Yeckel, Chairman

Senator Bill Foster

Senator Mary Bland

The purpose of the Committee shall be to make a comprehensive analysis of the quantity and quality of Missouri out-of-school programs and to make recommendations for an efficient, effective out-of-school program plan to provide the opportunity for every Missouri school-age child to access quality out-of-school programs.

The Committee is authorized to hold hearings as it deems advisable and the staffs of Senate Research, House Research, and the Committee on Legislative Research shall provide such legal, research, clerical, technical, and bill drafting services as requested by the Committee. The Committee shall report its recommendations and findings to the General Assembly by January 1, 2004 and the authority of such Committee shall terminate on December 31, 2003.

Thank you for your assistance in this matter.

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro Tem

Also,

September 9, 2003

Mrs. Terry Spieler

Secretary of the Missouri Senate

State Capitol, Room 325

Jefferson City, MO 65101

RE: Appointment for Joint Committee on Tax Policy

Dear Terry:

Pursuant to Section 21.810.1, RSMo 2003, I am appointing the following senators to the Joint Committee on Tax Policy:

Senator Michael Gibbons, Chairman

Senator Carl Vogel

Senator John Griesheimer

Senator Ken Jacob

Senator Joan Bray

Thank you for your assistance in this matter.

Sincerely,

/s/ Peter Kinder

PETER D. KINDER

President Pro Tem

INTRODUCTIONS OF GUESTS

Senator Gibbons introduced to the Senate, Susan Henderson, Columbia.

Senator Bartle introduced to the Senate, Lynn Vogel, Independence; and Leila Cohoon, Lee's Summit.

Senator Gibbons introduced to the Senate, Dewey Crepeau, Boone County.

Senator Champion introduced to the Senate, her sister Sharon Winn and her husband, Pat, St. Louis.

On behalf of Senator Russell and himself, Senator Vogel introduced to the Senate, Joel

Pottinger, Joyce Mace, John Farrell, Erv Toenjef and Bill Atterberry, Osage Beach.

Senator Stoll introduced to the Senate, former State Senator Margaret Rennau, Jackson County; and Dutch Newman, Lee's Summit.

On motion of Senator Gibbons, the Senate adjourned until 9:45 a.m., Thursday, September 11, 2003.