The Senate was called to order in Extra Session by President Pro Tem McKenna.

     The Chaplain offered the following prayer:

     Our Father in Heaven, lift us up again, renew the enthusiasm once again. Grant us rest from our labors and a safe journey home. Use what we have done to make our state better, to enrich lives. Give us what is needed to finish the job. In Jesus Name we pray. Amen.

     The Pledge of Allegiance to the Flag was recited.

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

     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, 1997, was the first Friday following the first Monday in May of this year during the first Regular Session of this 89th General Assembly; and

     WHEREAS, the General Assembly failed to complete the appropriations process for the 1998 fiscal year by 6:00 p.m., on May 9, 1997; and

     WHEREAS, the 1998 fiscal year begins on July 1, 1997; and

     WHEREAS, appropriations are still necessary for the budgets of the Departments of Health and Mental Health, the Judiciary, all statewide elected officials, the General Assembly and the other governmental entities as specifically designated and limited below in paragraphs numbered as 1 and 2; and

     WHEREAS, the failure to appropriate funds for the continued operations of the departments of Health and Mental Health, the Judiciary, all statewide elected officials, the General Assembly and the other governmental entities as specifically designated and limited below in paragraphs numbered as 1 and 2 would cause a serious disruption in the delivery of state governmental services to Missouri citizens, as the state would have no funds to operate after June 30, 1997; and

     WHEREAS, such a disruption in the delivery of state 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 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 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, 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 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 6:30 p.m., Central Daylight Time, May 16, 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:

1. To appropriate money for the expenses, grants, refunds, and distributions of the Department of Mental Health and the Department of Health, and the several divisions and programs thereof, and the Missouri Health Facilities Review Committee, to be expended only as provided in Article IV, Section 28, of the Constitution of Missouri, for the period beginning July 1, 1997 and ending June 30, 1998; and

2. To appropriate money for the expenses, grants, refunds, and distributions of the Chief Executive's Office and Mansion, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Office of Administration, Missouri Prosecuting Attorneys and Circuit Attorneys Retirement System, and the Judiciary and the Office of the State Public Defender, and the several divisions and programs thereof, and for the payment of salaries and mileage of members of the State Senate and the House of Representatives and contingent expenses of the General Assembly, including salaries and expenses of elective and appointive officers and necessary capital improvements expenditures; for salaries and expenses of members and employees and other necessary operating expenses of the Missouri Commission on Interstate Cooperation, the Committee on Legislative Research, the Committee on Public Employee Retirement, the Committee on Administrative Rules, the Joint Committee on Capital Improvements Oversight and the Joint Committee on Economic Development; and for the expenses of the interim committees established by the General Assembly, to be expended only as provided in Article IV, Section 28, of the Constitution of Missouri, for the period beginning July 1, 1997, and ending June 30, 1998.

3. To allow the Senate to consider appointments to boards, commissions, departments and divisions that require the advice and consent of the Senate.

4. 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 16th day of May, 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
Clay	Curls	DePasco	Ehlmann
Flotron	Goode	Graves	House
Howard	Jacob	Johnson	Kenney
Kinder	Klarich	Lybyer	Mathewson
Maxwell	McKenna	Mueller	Quick
Rohrbach	Russell	Schneider	Scott
Sims	Staples	Westfall	Wiggins
Yeckel--33
	Absent with leave--Senators
Singleton--1
	The Lieutenant Governor was present.

     Senator Quick offered the following resolution, which was read:

     BE IT RESOLVED by the Senate of the Eighty-ninth General Assembly, First Regular Session, that the Secretary of the 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 Quick moved that the above resolution be adopted, which motion prevailed.

     Senator Quick offered the following resolution, which was read:

     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 First Extra Session of the First Regular Session.

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

     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 HR 1.

     BE IT RESOLVED, that the Chief Clerk of the House of Representatives inform the Governor that the House is duly convened and is now in session ready for consideration of business and to receive any message or communications that His Excellency may desire to submit, and that the Chief Clerk of the House be directed to inform the Senate of the adoption of this resolution.

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

     SB 1--By Lybyer.

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Mental Health and the Department of Health, and the several divisions and programs thereof and the Missouri Health Facilities Review Committee to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1997 and ending June 30, 1998.

     SB 2--By Lybyer.

     An Act to appropriate money for the expenses, grants, refunds, and distributions of the Chief Executive's Office and Mansion, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Missouri Prosecuting Attorneys and Circuit Attorneys Retirement System, and the Judiciary and the Office of the State Public Defender, and the several divisions and programs thereof, and for the payment of salaries and mileage of members of the State Senate and the House of Representatives and Contingent expenses of the General Assembly, including salaries and expenses of elective and appointive officers and necessary capital improvements expenditures; for salaries and expenses of members and employees and other necessary operating expenses of the Missouri Commission on Interstate Cooperation, the Committee on Legislative Research, the Committee on Public Employee Retirement, the Committee on Administrative Rules, the Joint Committee on Capital Improvements Oversight and the Joint Committee on Economic Development; and for the expenses of the interim committees established by the General Assembly, to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 1997 and ending June 30, 1998.

     Senator Clay offered the following concurrent resolution:

     WHEREAS, a number of urban areas in the state of Missouri are experiencing rapid growth in terms of population, new business development, and physical expansion; and

     WHEREAS, proper and comprehensive planning at both the local and state levels is necessary to ensure that such rapid growth does not have a serious negative impact on economic development and the quality of life for the citizens residing in those areas; and

     WHEREAS, a thorough study should be conducted to determine the effects of rapid growth and development as it relates to various factors that have a direct impact on economic development and the quality of life;

     NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri Senate of the Eighty-ninth General Assembly, the House of Representatives concurring therein, that an interim committee of the General Assembly be created for the purpose of conducting a study on growth and development in rapidly growing areas, and that said committee be authorized to function during the interim of the Eighty-ninth General Assembly; and

     BE IT FURTHER RESOLVED that said interim committee be composed of five members of the Senate to be appointed by the President Pro Tem of the Senate, three of whom shall be members of the Democratic Party and two of whom shall be members of the Republican Party; and five members of the House to be appointed by the Speaker of the House, three of whom shall be members of the Democratic Party and two of whom shall be members of the Republican Party; and

     BE IT FURTHER RESOLVED that the committee conduct a study on the effects of growth on economic development and the quality of life and make recommendations for improving the quality of life for residents in rapidly growing areas; and

     BE IT FURTHER RESOLVED that the committee gather and analyze information on traffic congestion, water and air pollution, loss of agricultural lands, loss of open spaces, infrastructure needs and costs, and any other pertinent factors affecting economic development and the quality of life in rapidly growing areas; and

     BE IT FURTHER RESOLVED that the committee conduct at least four public hearings around the state in areas experiencing rapid growth; and

     BE IT FURTHER RESOLVED that the committee prepare a report, together with its recommendations for any legislative action it deems necessary for submission to the Eighty-ninth General Assembly by December 30, 1997; and

     BE IT FURTHER RESOLVED that the Committee on Legislative Research, Senate Research and House Research provide such legal research, clerical, technical and bill drafting services as the task force may require in the performance of its duties; and

     BE IT FURTHER RESOLVED that the actual and necessary expenses of the committee, its members, and any staff personnel assigned to the committee incurred in attending meetings of the committee or any subcommittee thereof, be paid from the appropriate House or Senate contingent fund.

     On motion of Senator Quick, the Senate adjourned until 1:30 p.m., Tuesday, May 20, 1997.