Journal of the Senate

FIRST REGULAR SESSION


SECOND DAY--THURSDAY, JANUARY 9, 1997


          The Senate met pursuant to adjournment.

          President Wilson in the Chair.

          The Chaplain offered the following prayer:

          Our Father in Heaven, we pray for the spirit with which this session started, to continue through May. We pray for You to watch over the newly elected leaders of this body. We pray for Divine guidance and wisdom to be with every senator and every staff member. In Jesus 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:
Present--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--32
Absent with leave--Senators
JacobStaples--2
The Lieutenant Governor was present.

         

RESOLUTIONS

          Senator Kenney offered Senate Resolution No. 6, regarding Larry Jansen, Lee's Summit, which was adopted.

          Senator Kenney offered Senate Resolution No. 7, regarding Fred Arbanas, which was adopted.

          Senator Kenney offered Senate Resolution No. 8, regarding Glenn Haagar, Lee's Summit, which was adopted.

          Senator Kenney offered Senate Resolution No. 9, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Richard Sterrett, Independence, which was adopted.

          Senator Kenney offered Senate Resolution No. 10, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. William C. "Bill" McCray, Blue Springs, which was adopted.

          Senator Kenney offered Senate Resolution No. 11, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Ray Reed, Lee's Summit, which was adopted.

          Senator Johnson offered Senate Resolution No. 12, regarding Roy D. Wallace, St. Joseph, which was adopted.

CONCURRENT RESOLUTIONS

          Senators Lybyer, Goode, Rohrbach, Flotron, Wiggins, Johnson, Kinder, Singleton, Russell, Staples, Maxwell and Westfall offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 3

          WHEREAS, on November 8, 1994, the voters of Missouri adopted Section 3 of Article XIII, of the Constitution of Missouri; and

          WHEREAS, Section 3, Article XIII, Missouri Constitution, provides that the compensation of state elected officials, the General Assembly and state judges is to be set by the Missouri Citizens Commission on Compensation after public hearings and a review and study of the relationship of the compensation to the duties of the elected state officials, the members of the General Assembly and state judges; and

          WHEREAS, Section 3, Article XIII, Missouri Constitution, provides that after the hearings, the Commission shall file its initial schedule of compensation with the Secretary of State and the Revisor of Statutes before December 1, 1996; and

          WHEREAS, on November 25, 1996, the Revisor of Statutes received the 1996 Report and Compensation Schedule (Appendix A) of the Missouri Citizens Commission on Compensation for Elected Officials, dated November 30, 1996; and

          WHEREAS, Section 3, Article XIII, Missouri Constitution, provides that the schedule shall become effective unless disapproved by a concurrent resolution adopted by the General Assembly before February 1, 1997; and

          WHEREAS, the members of the General Assembly feel the compensation recommended in the Compensation Schedule is excessive:

          NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate of the Eighty-ninth General Assembly, the House of Representatives concurring therein, hereby reject the 1996 Compensation Schedule (Appendix A) of the 1996 Report and Compensation Schedule of the Missouri Citizens Commission on Compensation for Elected Officials, dated November 30, 1996.

          Senators Singleton, Childers, Russell, Kenney and Westfall offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 4

          WHEREAS, the voters of Missouri approved a constitutional amendment in 1994 which created a commission charged with setting the amount of compensation paid to statewide elected officials, legislators and judges; and

          WHEREAS, prior to the approval of this amendment, the General Assembly had the duty and responsibility of setting salaries; and

          WHEREAS, the "Missouri Citizen's Commission on Compensation for Elected Officials" has recommended that salaries be increased for judges and legislators and that the per diem paid to legislators be increased; and

          WHEREAS, the recommended increases range from 6% to 145%, at a time when the average annual inflation is only 3%; and

          WHEREAS, the increase in legislative salaries will place Missouri legislators among the best paid legislators of the sixteen states with sessions of comparable length; and

          WHEREAS, the salary increases afforded Missouri's judges are so generous that the judges of Missouri will be among the best paid judges in the country when this proposal becomes effective; and

          WHEREAS, the changes recommended by the Missouri Citizen's Commission on Compensation for Elected Officials will take effect on July 1, 1997, unless disapproved by the General Assembly; and

          WHEREAS, the General Assembly may disapprove of the recommendation in their entirety by a concurrent resolution approved by both the Senate and the House before February 1, 1997;

          NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri Senate of the First Regular Session of the Eighty-ninth General Assembly, the House concurring therein, that the recommendations of the Missouri Citizens Commission on the Compensation of Elected Officials be disapproved.

          Senator Goode offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 5

          WHEREAS, telecommunications services and energy services are vital to the economic vitality and well-being of the state of Missouri; and

          WHEREAS, there is a nationwide trend toward deregulation of telcommunications and energy services which will likely create competitive markets and make available new services and customer choices; and

          WHEREAS, the state and political subdivisions have imposed taxes, fees and other assessments on various telecommunications and energy services, and such taxes vary widely based upon locality and, within a locality, such taxes may vary widely between increasingly related and competitive services, such as telephone and cable television; and

          WHEREAS, ensuring adequate and affordable telecommunications and energy services will necessitate a fair and equitable structure of taxes across different telecommunications and energy services and across different regions of the state:

          NOW, THEREFORE, BE IT RESOLVED by the Senate of the Eighty-Ninth General Assembly, the House of Representatives concurring therein, that a joint legislative study committee of the General Assembly be created to be composed of five members of the Senate, to be appointed by the President Pro Tem of the Senate, and five members of the House of Representatives, to be appointed by the Speaker of the House, and that said committee be authorized to function during the interim between the first and second regular sessions of the Eighty-Ninth General Assembly; and

          BE IT FURTHER RESOLVED, that said committee conduct an in depth study and make appropriate recommendations concerning financial, legal, social, technological and economic issues of telecommunications and energy services taxation and any other issues the committee deems relevant; 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 General Assembly prior to the commencement of the Second Regular Session of the Eighty- Ninth General Assembly; and

          BE IT FURTHER RESOLVED, that the committee may solicit any input and information necessary to fulfill its obligations from the Missouri Public Service Commission, the Department of Economic Development, the Office of Public Counsel, telecommunications and energy service providers and representatives of all telecommunications and energy customer groups; and

          BE IT FURTHER RESOLVED, that the Committee on Legislative Research, Senate Research and House Research shall provide such legal, research, clerical, technical and bill drafting services as the committee 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 shall be paid from the Joint Contingent Fund.

          Senator Goode offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 6

          WHEREAS, the triumph of freedom and justice embodied in the Constitution of the United States of America give contemporary and future generations a structure for ordered liberty that has served this nation well;

          WHEREAS, those historic decisions, augmented from time to time by Amendment, have given us a Constitution which permits each generation to overcome the great social disturbances of its time;

          WHEREAS, protecting the rights of speech and assembly against overbearing government, the liberation of enslaved Americans; the right of women to vote, restraints on the power of concentrated wealth, the intelligent use of government to protect the economic interests of all and the use of national military power here and abroad have all been achieved through this Constitutional framework;

          WHEREAS, the American people have well understood their Constitution and the values and powers it embodies;

          WHEREAS, liberty, justice, and our physical and material security remain the goals of our generation and our hope for future generations;

          WHEREAS, a Constitution which protects our personal security is the heart of the American system;

          WHEREAS, our Constitution seeks to ensure that each person is free of the threat of attack, free of actions by others that diminish life, liberty, health, or property or that prevent the pursuit of happiness;

          WHEREAS, the people of the nation are increasingly besieged by attacks on their personal security, their health and the health of their families, and their right to enjoy the air, water and natural resources of the nation;

          WHEREAS, the continuing and growing threat to the public health and the natural resources of the nation is the challenge to our generation of the kind other generations have faced and overcome;

          WHEREAS, we are the custodians of the health of our children and of future generations, whose ability to breathe clean air, drink healthful water, avoid poisons, and share in the spiritual regeneration that comes from wilderness and nature is in danger;

          WHEREAS, we are obliged to protect each citizen from these threats as surely as were previous generations obliged to enhance freedom, justice and prosperity;

          WHEREAS, a Constitutional remedy is necessary to accomplish this goal;

          WHEREAS, the decision to seek a constitutional remedy is significant and necessary;

          WHEREAS, the people have historically been reluctant to amend the Constitution except for the most compelling reasons;

          WHEREAS, although this body shares that view, the commitment to the public health and environmental security of our citizens and of future generations is so important and so deeply a part of American tradition and values that it requires Constitutional status;

          WHEREAS, we can no more rely on statutory protections for the environment and public health than the nation of one hundred and thirty years ago could rely on law alone for the liberation of enslaved Americans, nor could the nation of eighty years ago rely on law alone when it declared the right of women's suffrage to be a constitutional value;

          NOW, THEREFORE, be it resolved by the Eighty-Ninth General Assembly of the State of Missouri that the Congress of the United States submit to the several states the following amendment to the Constitution of the United States:

The natural resources of the nation are the heritage of present and future generations. The right of each person to clean and healthful air and water, and to the protection of the other natural resources of the nations, shall not be infringed upon by any person.

          BE IT FURTHER RESOLVED, that the legislatures of each of the several states comprising the United States apply to the Congress requesting the enactment of the above amendment to the Constitution of the United States;

          BE IT FURTHER RESOLVED, that properly inscribed copies of this resolution be sent by the Secretary of the Senate to the members of the Missouri delegation to the Congress of the United States; and

          BE IT FURTHER RESOLVED, that the Secretary of the Senate is directed to send properly inscribed copies of this resolution to the Secretary of State and the presiding officer of each house of the legislature of each of the other states in the United States, to the Clerk of the United States House of Representatives, and to the Secretary of the United States Senate.

          Senator Goode offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 7

          WHEREAS, the economic vitality and well-being of the state of Missouri depend on the availability of reliable, low-cost energy sources; and

WHEREAS, there is currently a nationwide trend toward competition in the production, distribution and sale of energy, including electricity and other energy sources, and this trend has both potential benefits and potential adverse effects on energy producers, distributors, retailers, customers and the citizens of this state; and

WHEREAS, the Missouri General Assembly believes that it is in the best interest of the citizens of this state to explore the effects of competition in the generation, distribution and sale of energy;

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-Ninth General Assembly, the House of Representatives concurring therein, that a joint legislative study committee of the General Assembly be created to be composed of five members of the Senate, to be appointed by the President Pro Tem of the Senate, and five members of the House of Representatives, to be appointed by the Speaker of the House, and that said committee be authorized to function during the interim between the first and second regular sessions of the Eighty-Ninth General Assembly; and

BE IT FURTHER RESOLVED, that said committee conduct an in depth study and make appropriate recommendations concerning financial, legal, social, taxation, environmental, technological and economic issues of deregulation and increasing competition in energy production, distribution and sale including consideration of the effects on residential customers, small business customers, large business customers, utility shareholders and other stakeholders and any other issues the committee deems relevant; 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 General Assembly prior to the commencement of the Second Regular Session of the Eighty-Ninth General Assembly; and

BE IT FURTHER RESOLVED, that the committee may solicit any input and information necessary to fulfill its obligations from the Missouri Public Service Commission, the Division of Energy within the Department of Natural Resources, the Department of Economic Development, the Office of Public Counsel, energy utilities and representatives of all energy customer groups; and

BE IT FURTHER RESOLVED, that the Committee on Legislative Research, Senate Research and House Research shall provide such legal, research, clerical, technical and bill drafting services as the committee 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 shall be paid from the Joint Contingent Fund.

          Senators Westfall, Russell and Singleton offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 8

          WHEREAS, the voters of Missouri approved a constitutional amendment in 1994 which created a commission charged with setting the amount of compensation paid to statewide elected officials, legislators and judges; and

          WHEREAS, prior to the approval of this amendment, the General Assembly had the duty and responsibility of setting salaries; and

          WHEREAS, the General Assembly has exercised its duties responsibly and in keeping with its reputation for frugality; and

          WHEREAS, the "Missouri Citizen's Commission on Compensation for Elected Officials" has recommended that salaries be increased for judges and legislators and that the per diem paid to legislators be increased; and

          WHEREAS, the recommended increases range from 6% to 145%, even though the average annual inflation has been near three percent for several years; and

          WHEREAS, the increase in legislative salaries will place Missouri legislators among the best paid legislators of the sixteen states with sessions of comparable length; and

          WHEREAS, the salary increases afforded Missouri's judges are so generous that the judges of Missouri will be among the best paid judges in the country when this proposal becomes effective; and

          WHEREAS, the new salaries of circuit judges would be substantially greater than three times the median household income in Missouri; and

          WHEREAS, the changes recommended by the Missouri Citizen's Commission on Compensation for Elected Officials will take effect on July 1, 1997, unless disapproved by the General Assembly; and

          WHEREAS, the General Assembly may disapprove of the recommendations by a concurrent resolution approved by both the Senate and the House before February 1, 1997;

          NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri Senate of the First Regular Session of the Eighty-ninth General Assembly, the House concurring therein, that the recommendations of the Missouri Citizens Commission on the Compensation of Elected Officials be disapproved.

          Senato rs Russell, Bentley, Kinder, Kenney, Flotron, Ehlmann, Lybyer, Klarich, Rohrbach, Sims, Graves, Westfall, Childers, Singleton and Yeckel offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 9

          WHEREAS, on November 8, 1994, the voters of Missouri adopted Section 3 of Article XIII, of the Constitution of Missouri; and

          WHEREAS, Section 3, Article XIII, Missouri Constitution, provides that the compensation of state elected officials, the General Assembly and state judges is to be set by the Missouri Citizens Commission on Compensation after public hearings and a review and study of the relationship of the compensation to the duties of the elected state officials, the members of the General Assembly and state judges; and

          WHEREAS, Section 3, Article XIII, Missouri Constitution, provides that after the hearings, the Commission shall file its initial schedule of compensation with the Secretary of State and the Revisor of Statutes before December 1, 1996; and

          WHEREAS, on November 25, 1996, the Revisor of Statutes received the 1996 Report and Compensation Schedule (Appendix A) of the Missouri Citizens Commission on Compensation for Elected Officials, dated November 30, 1996; and

          WHEREAS, Section 3, Article XIII, Missouri Constitution, provides that the schedule shall become effective unless disapproved by a concurrent resolution adopted by the General Assembly before February 1, 1997; and

          WHEREAS, the members of the General Assembly feel the compensation recommended in the Compensation Schedule is excessive:

          NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate of the Eighty-ninth General Assembly, the House of Representatives concurring therein, hereby reject the 1996 Compensation Schedule (Appendix A) of the 1996 Report and Compensation Schedule of the Missouri Citizens Commission on Compensation for Elected Officials, dated November 30, 1996.

          Senator Graves offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 10

          WHEREAS, Missouri voters approved a constitutional amendment in November, 1994, known as section 3 of Article XIII of the Missouri Constitution; and

          WHEREAS, this amendment created the Missouri Citizen's Commission on Compensation for Elected Officials, charged with setting the amount of compensation paid to statewide elected officials, members of the General Assembly and judges. The Commission is ordered to file its recommendations for salaries for these public officials; and

          WHEREAS, the General Assembly had the duty of setting salaries prior to the voters' approval of this amendment; and

          WHEREAS, the General Assembly had exercised its duties of setting salaries reasonably and responsibly; and

          WHEREAS, on November 30, 1996, the Commission issued its 1996 Report and Compensation Schedule, which contains its salary recommendations; and

          WHEREAS, the Commission's recommendations range from 6% to 145%, even though the average annual inflation has been near three percent for several years; and

          WHEREAS, the Commission's recommendations increasing legislative salaries will result in more than a 30% increase in two years, which will place Missouri legislators among the best paid legislators of the sixteen states with sessions of comparable length; and

          WHEREAS, the salary increases allocated to Missouri's judges are so generous that Missouri judges will be among the best paid judges in the nation under the Commission's recommendations; and

          WHEREAS, the recommended increases of the Commission are exorbitant and unreasonable; and

          WHEREAS, Missouri voters approved of handing over the duty of making salary recommendations to the Commission with the expectation that such recommendations would be fair and reasonable; and

          WHEREAS, the recommended increases are unrealistic, given Missouri's reputation for frugal state spending, as well as the national trend towards cutting excess governmental expenditures; and

          WHEREAS, subsection 8 of section 3 of Article XIII of the Missouri Constitution grants power to the General Assembly to disapprove the salary recommendations of the Commission by concurrent resolution; provided however, that if no action is taken by February 1, 1997, the salary recommendations shall take effect; and

          WHEREAS, failure of the General Assembly to disapprove the salary recommendations would be unethical. The General Assembly has the duty to reject such an unreasonable proposal;

          NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri Senate of the First Regular Session of the Eighty-ninth General Assembly, the House concurring therein, that the recommendations of the Missouri Citizen's Commission on Compensation for Elected Officials be disapproved, pursuant to subsection 8 of section 3 of Article XIII of the Missouri Constitution; and

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

          Senators Kenney, Russell, Childers and Singleton offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 11

          WHEREAS, In November, 1994, Missouri voters approved section 3 of Article XIII of the Missouri Constitution as a constitutional amendment; and

          WHEREAS, Article XIII, Section 3 of the Missouri Constitution established the Missouri Citizen's Commission on Compensation for Elected Officials, charged with setting the amount of compensation paid to statewide elected officials, members of the General Assembly and judges. The Commission is ordered to file its recommendations for salaries for these public officials with the Secretary of State and the Revisor of Statutes by December 1, 1996, and every two years thereafter; and

          WHEREAS, on November 30, 1996, the Commission issued its 1996 Report and Compensation Schedule, which contains its salary recommendations; and

          WHEREAS, the Commission's recommendations range from 6% to 145%, even though the average annual inflation has been near three percent for several years; and

          WHEREAS, the Commission's recommendations increasing legislative salaries will result in more than a 30% increase in two years, placing Missouri legislators among the highest paid legislators of the sixteen states with sessions of comparable length; and

          WHEREAS, the salary increases allocated to Missouri's judges are so generous that Missouri judges will be among the highest paid judges in the nation under the Commission's recommendations; and

          WHEREAS, Missouri voters approved of the creation of a Commission to make salary recommendations with the expectation that such recommendations would be equitable and reasonable; and

          WHEREAS, the recommended increases are inappropriate, given Missouri's reputation for modest and careful state spending, as well as the national trend towards cutting excess governmental expenditures; and

          WHEREAS, prior to the voters' approval of this amendment, it was the General Assembly's duty to set salaries; and

          WHEREAS, the General Assembly had exercised its duties of setting salaries reasonably and responsibly; and

          WHEREAS, subsection 8 of section 3 of Article XIII of the Missouri Constitution grants power to the General Assembly to disapprove the salary recommendations of the Commission by concurrent resolution; provided however, that if no action is taken by February 1, 1997, the salary recommendations shall take effect; and

          WHEREAS, the General Assembly has the duty to reject such an unreasonable proposal. Failure of the General Assembly to disapprove the salary recommendations would be unethical;

          NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri Senate of the First Regular Session of the Eighty-ninth General Assembly, the House concurring therein, that the recommendations of the Missouri Citizen's Commission on Compensation for Elected Officials be disapproved, pursuant to subsection 8 of section 3 of Article XIII of the Missouri Constitution; and

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

          Senators Kinder, Ehlmann, Yeckel, Sims, Graves and Childers offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 12

WHEREAS, the United States Environmental Protection Agency (EPA) has a responsibility under the federal Clean Air Act to review periodically the National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter (PM); and

WHEREAS, EPA is considering changes to both NAAQS, which includes tightening the ozone standard and adding a separate standard for particulate matter smaller than two and one-half microns in size (PM2.5) in addition to the existing standard for particulate matter smaller than ten microns in size (PM10); and

WHEREAS, states, through their citizens, legislative bodies and regulatory agencies, have worked hard to reduce air pollution and meet clean air requirements; and

WHEREAS, tightened standards could significantly expand the number of nonattainment areas for both standards and result in emissions controls in additional areas, thus imposing significant economic, administrative and regulatory burdens on more citizens, businesses and local governments; and

WHEREAS, there is very little monitoring data for PM2.5; and

WHEREAS, current research indicates that there are many unanswered questions and uncertainties on the PM issue and the need for a more stringent standard, including: divergent opinions among scientists who have investigated this issue, lack of supporting toxicological data, lack of a plausible toxicological mechanism connecting PM2.5 to adverse health effects, lack of an established correlation between recorded levels and public health effects; and

WHEREAS, no clear scientific proof exists that tightening controls on PM2.5 or ozone would avoid alleged adverse health effects, while costs of implementing such a standard would assuredly be high;

          WHEREAS, the Agency's action has been taken with virtually no evidence that the change in standards will result in significant health benefits and with no analysis of the enormous costs that will be charged to Missouri business and consumers and to those communities that must implement new complicated compliance programs;

          WHEREAS, the Missouri Department of Natural Resources, in testimony before the EPA last fall, indicated that it was premature to tighten air standards severely without adequate health data on the need for such standards or sufficient information on the atmospheric transport of ozone and noted that the EPA has yet to even determine a "reference method" for collecting and reporting data on particulate matter;

          WHEREAS, the EPA's own scientific adviser, the Clean Air Science Advisory Committee (CASAC) has recommended that the EPA proceed cautiously and improve the existing state of scientific knowledge before taking costly steps to further control ozone and fine particulate emissions;

          WHEREAS, the Senate committee responsible for approving EPA's budget when it allocated $19 million to study particulate matter, noting that it is premature for the EPA to order such drastic changes in air regulations without conducting the necessary scientific review;

NOW, THEREFORE, BE IT RESOLVED, that the Senate of the Eighty-Ninth Missouri General Assembly, the House of Representatives concurring therein, advise and strongly urge EPA to retain the existing NAAQS for ozone; and

BE IT FURTHER RESOLVED, that the EPA is advised and strongly urged to reaffirm the existing PM10 standard and conduct the additional PM2.5 monitoring and scientific research needed to address the issue of causality and other important unanswered questions before a proposal for a new PM2.5 standard or a revised PM10 standard is made; and

BE IT FURTHER RESOLVED, that the EPA should abandon its current consideration of a PM2.5 standard until more information, including, sound science and cost- effectiveness data are available; and

BE IT FURTHER RESOLVED, that the EPA is urged to identify any unfunded mandates or other administrative and economic burdens for state or local governments or agencies that would derive from changes to the NAAQS for ozone or particulate matter; and

BE IT FURTHER RESOLVED, that the Secretary of the Senate prepare and transmit properly inscribed copies of this resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Missouri Congressional delegation, the Administrator of the United State Environmental Protection Agency and the Director of the Missouri Department of Natural Resources.

          President Pro Tem McKenna referred SCR 3, SCR 4, SCR 5, SCR 6, SCR 7, SCR 8, SCR 9, SCR 10, SCR 11, and SCR 12 to the Committee on Rules, Joint Rules and Resolutions.

          Senator Quick moved that HCR 1 be taken up for adoption, which motion prevailed.

          On motion of Senator Quick, HCR 1 was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent--with leave--Senators
JacobStaples--2

          Senator Quick moved that HCR 2 be taken up for adoption, which motion prevailed.

          On motion of Senator Quick, HCR 2 was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
JacobStaples--2

          Senators Kinder and Lybyer offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 13

          WHEREAS, the fair administration of Missouri's system of civil justice is a goal of both the Missouri General Assembly and the Missouri Supreme Court; and

          WHEREAS, a judge of the Missouri Supreme Court told the St. Louis Post-Dispatch, which quoted him in a published report, that monetary awards granted by juries in civil cases in the city of St. Louis are ten times higher than judgments rendered in virtually any other jurisdiction out of 114 counties in the entire state; and

          WHEREAS, defendants in lawsuits are completely defenseless in this situation, finding themselves at the mercy of plaintiffs' lawyers owing to Supreme Court Rule 51.03, which permits routine changes of venue in civil cases in counties having population of 75,000 or less; and

          WHEREAS, this deplorable situation has produced a national scandal in which plaintiffs' lawyers file hundreds, even thousands, of cases in the city of St. Louis from approximately 300 miles away, even cases arising out of incidents occurring entirely in other states and having literally nothing to do with the state of Missouri, in which the parties, witnesses and attorneys are all from other states; and

          WHEREAS, this scandal has brought ridicule, scorn and harm to the reputation of the city of St. Louis, the state of Missouri and to our system of dispensing civil justice; and

          WHEREAS, more plaintiffs from Little Rock, Arkansas, are in St. Louis courts than St. Louis residents, according to a St. Louis attorney quoted in a news article published in the Columbia Tribune; and

          WHEREAS, the filing of such cases has overloaded the courts of the state of Missouri, especially the courts of the city of St. Louis, to the extent that Missouri taxpayers are being burdened unnecessarily and state resources are being squandered on cases arising in other states and having literally nothing whatsoever to do with the state of Missouri; and

          WHEREAS, other judges from distant parts of outstate Missouri are being transferred into the city of St. Louis, at great expense, to handle the expanding caseload there, needlessly disrupting and overburdening the entire system of civil justice in the state of Missouri; and

          WHEREAS, this deplorable and indefensible situation amounts to nothing less than a denial to civil defendants of the "equal justice under law" that is claimed by the American judicial system as its highest ideal and noblest aspiration; and

          WHEREAS, a simple rule change can be effected by a majority vote of the Supreme Court of Missouri, to wit, in the aforementioned Supreme Court Rule 51.03, by annulling or amending it so that defendants to lawsuits in counties with a population of 75,000 or fewer have the same protections that defendants in other counties currently enjoy pursuant to Supreme Court Rule 51.04; and

          WHEREAS, a host of independent newspapers representing a wide range of philosophical orientations, from liberal to moderate to conservative and everything in between, have urged in editorials that Missouri government redress this serious imbalance in the delivery of civil justice in our state; and

          WHEREAS, the Missouri Supreme Court has stated that it is within the authority of the Missouri General Assembly to change the venue statutes and to provide guidance on how Supreme Court rules relating to venue should be structured;

          NOW, THEREFORE, BE IT RESOLVED, that the Missouri Senate of the Eighty-Ninth General Assembly, the House of Representatives concurring therein, hereby urges the members of the Supreme Court to redress the imbalance in Missouri's system of civil justice by voting to annul or amend Rule 51.03 so that Rule 51.04 will govern all requests for change of venue.

INTRODUCTION OF BILLS

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

          SB 189--By Caskey.

          An Act to repeal section 165.011, RSMo Supp. 1996, relating to guaranteed energy saving performance contracts for schools, and to enact in lieu thereof one new section relating to the same subject.

          SB 190--By Caskey.

          An Act to repeal section 163.172, RSMo Supp. 1996, relating to minimum salaries for teachers, and to enact in lieu thereof one new section relating to the same subject.

          SB 191--By Caskey.

          An Act to amend chapter 701, RSMo, by adding one new section relating to grinder pump pressure sewer systems.

          SB 192--By Caskey.

          An Act to repeal sections 50.1020, 50.1030, 50.1090, 50.1130, 50.1140 and 50.1180, RSMo 1994, relating to the county employees' retirement system, and to enact in lieu thereof six new sections relating to the same subject.

          SB 193--By Caskey.

          An Act to amend chapter 362, RSMo, by adding one new section relating to certain banking practices, with a termination date.

          SB 194--By Caskey.

          An Act to repeal section 50.1130, RSMo 1994, relating to death benefits for county retirement system members, and to enact in lieu thereof one new section relating to the same subject.

          SB 195--By Schneider.

          An Act to repeal section 321.015, RSMo 1994, relating to fire protection districts, and to enact in lieu thereof one new section relating to the same subject.

          SB 196--By Lybyer and Kinder.

          An Act to amend Supreme court rule 2, canon 4, relating to judicial conduct.

          SB 197--By Klarich.

          An Act to repeal sections 351.093 and 351.323, RSMo 1994, and section 351.180, RSMo Supp. 1996, relating to corporations, and to enact in lieu thereof four new sections relating to the same subject.

          SB 198--By Maxwell.

          An Act to amend chapter 324, RSMo, by adding thereto fifteen new sections relating to regulation and registration of interior designers, with penalty provisions.

          SB 199--By Wiggins.

          An Act to amend chapter 115, RSMo, relating to the conduct of elections, by adding thereto one new section relating to a pilot program to provide notice of election to registered voters by mail.

          SB 200--By Rohrbach.

          An Act to repeal section 167.117, RSMo Supp. 1996, relating to reporting acts of school violence, and to enact in lieu thereof one new section relating to the same subject.

          SB 201--By Clay.

          An Act to repeal sections 169.440 and 169.475, RSMo Supp. 1996, relating to teacher and school employee retirement systems in metropolitan school districts, and to enact in lieu thereof two new sections relating to the same subject.

          SB 202--By Maxwell.

          An Act to repeal sections 96.230, 96.240, 96.250, 96.260, 96.270, 96.280, 96.290, 205.590, 205.600, 205.610, 205.620, 205.640, 205.650, 205.660, 205.670, 205.680, 205.690, 205.700, 205.710, 205.720, 205.730, 205.740, 205.750, 205.760, 205.765, 205.766, 205.767, 205.769, 205.770, 205.780, 205.790, 205.800, 205.810, 205.820, 205.830, 205.840, 205.850, 205.860, 205.870, 205.880, 205.890, 205.900, 205.910, 205.920, 205.930, 205.940, 205.950, 207.010, 208.010, 208.015, 208.040, 208.041, 208.042, 208.043, 208.044, 208.047, 208.048, 208.050, 208.060, 208.075, 208.080, 208.120, 208.150, 208.160, 208.170, 208.180, 208.182, 208.325, 208.337, 208.339, 208.342, 208.345, 208.400, 208.405, 208.410, 208.415, 208.500, 208.503, 473.399 and 660.016, RSMo 1994, and sections 135.240 and 208.151, RSMo Supp. 1996, relating to public health and welfare, and to enact in lieu thereof thirty-seven new sections relating to the same subject.

          SJR 6--By Flotron, Westfall, Mueller, Russell, Singleton, Sims, Klarich, Kinder, Rohrbach, Bentley, Ehlmann, Childers, Kenney, Graves and Yeckel.

          Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing section 3 of article XIII of the Constitution of Missouri relating to compensation of elected officials.

REPORTS OF STANDING COMMITTEES

          Sen ator Quick, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following reports:

          Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SR 5, begs leave to report that it has considered the same and recommends that the resolution do pass, with Senate Committee Amendment No. 1.

SENATE COMMITTEE AMENDMENT NO. 1

          Ame nd Senate Resolution No. 5, as it appears in the Senate Journal for January 8, 1997, Page 7, Column 2, Line 1, by deleting the numeral "13" and inserting in lieu thereof the numeral "14"; and

          Further amend said resolution, said page, said column, line 12, by deleting the numeral "11" and inserting in lieu thereof the numeral "12".

          Also,

          Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCR 1, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

RESOLUTIONS

          Sen ator Johnson offered Senate Resolution No. 12, regarding Roy D. Wallace, St. Joseph, which was adopted.

          Senator McKenna moved that SR 5, with SCA 1, be taken up for adoption, which motion prevailed.

          SCA 1 was taken up.

          Senator McKenna moved that the above amendment be adopted, which motion prevailed.

          SR 5, as amended, was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
JacobStaples--2

CONCURRENT RESOLUTIONS

          Sen ator Wiggins requested unanimous consent of the Senate that the rules be suspended and that SCR 1 be taken up for adoption, which request was granted.

          On motion of Senator Wiggins, SCR 1 was adopted by the following vote:
Yeas--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJohnsonKenneyKinder
KlarichLybyerMathewsonMaxwell
McKennaMuellerQuickRohrbach
RussellSchneiderScottSims
SingletonWestfallWigginsYeckel--32
Nays--Senators--None
Absent--Senators--None
Absent with leave--Senators
JacobStaples--2

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 SCR 2.

COMMITTEE APPOINTMENTS

          President Pro Tem McKenna appointed the following committee, pursuant to HCR 1: Senators Caskey; Jacob; House; Maxwell; Schneider; Wiggins; Ehlmann; Kinder; Klarich; and Russell.

          President Pro Tem McKenna appointed the following committee, pursuant to HCR 2: Senators Banks; DePasco; Johnson; Staples; Scott; Quick; Yeckel; Bentley; Sims; and Childers.

          President Pro Tem McKenna appointed the following committee, pursuant to SCR 2: Senators Quick, Chairman; Banks; Caskey; Curls; Flotron; Goode; Howard; Johnson; Lybyer; Mathewson; Mueller; Rohrbach; Russell; Schneider; Scott; Singleton; Staples; and Wiggins.

          President Pro Tem McKenna submitted the following committee appointments:

SENATE STANDING COMMITTEES

89TH GENERAL ASSEMBLY

AGING, FAMILIES AND MENTAL HEALTH

          Senators: Howard, Chair

                    Johnson, Vice-chair

                    Clay

                    Staples

                    Bentley

                    Childers

                    Sims

AGRICULTURE, CONSERVATION, PARKS AND TOURISM

          Senators: Johnson, Chair

                    Howard, Vice-chair

                    Caskey

                    House

                    Jacob

                    Lybyer

                    Childers

                    Graves

                    Klarich

                    Rohrbach

                    Singleton

APPROPRIATIONS

          Senators: Lybyer, Chair

                    Wiggins, Vice-chair

                    Goode, Vice-chair

                    Clay

                    Curls

                    Howard

                    Johnson

                    Maxwell

                    Flotron

                    Kinder

                    Rohrbach

                    Russell

                    Singleton

                    Westfall

CIVIL AND CRIMINAL JURISPRUDENCE

          Senators: Caskey, Chair

                    Banks, Vice-chair

                    DePasco

                    Goode

                    House

                    Bentley

                    Sims

                    Westfall

                    Yeckel

COMMERCE AND ENVIRONMENT

          Senators: Goode, Chair

                    DePasco, Vice-chair

                    Mathewson

                    Maxwell

                    Schneider

                    Ehlmann

                    Kenney

                    Kinder

                    Rohrbach

         

CORRECTIONS AND GENERAL LAWS

          Senators: Scott, Chair

                    Staples, Vice-chair

                    McKenna

                    Quick

                    Ehlmann

                    Flotron

                    Mueller

         

EDUCATION

          Senators: House, Chair

                    Johnson, Vice-chair

                    Caskey

                    Clay

                    Goode

                    Jacob

                    Maxwell

                    Bentley

                    Graves

                    Kenney

                    Kinder

                    Russell

                    Westfall

ELECTIONS, PENSIONS AND VETERANS' AFFAIRS

          Senators: DePasco, Chair

                    Maxwell, Vice-chair

                    Curls

                    Howard

                    Jacob

                    Kenney

                    Rohrbach

                    Sims

                    Yeckel

         

ETHICS

          Senators: Caskey, Chair

                    Scott, Vice-chair

                    Quick

                    Schneider

                    Wiggins

                    Flotron

                    Russell

                    Singleton

                    Westfall

         

FINANCIAL AND GOVERNMENTAL ORGANIZATION

          Senators: Maxwell, Chair

                    Clay, Vice-chair

                    Howard

                    Mathewson

                    Quick

                    Bentley

                    Kinder

                    Klarich

                    Yeckel

INSURANCE AND HOUSING

          Senators: Curls, Chair

                    House, Vice-chair

                    Banks

                    DePasco

                    Mathewson

                    Klarich

                    Mueller

                    Rohrbach

                    Sims

         

INTERSTATE COOPERATION

          Senators: Jacob, Chair

                    Clay, Vice-chair

                    Staples

                    Flotron

                    Westfall

                   

JUDICIARY

          Senators: Schneider, Chair

                    Caskey, Vice-chair

                    Howard

                    Maxwell

                    Wiggins

                    Ehlmann

                    Kinder

                    Klarich

                    Yeckel

LABOR AND INDUSTRIAL RELATIONS

          Senators: Clay, Chair

                    DePasco, Vice-chair         

                    House

                    Jacob

                    Mathewson

                    Childers

                    Kenney

                    Mueller

                    Sims

LOCAL GOVERNMENT AND ECONOMIC DEVELOPMENT

          Senators: Mathewson, Chair

                    Scott, Vice-chair

                    Curls

                    Johnson

                    Childers

                    Graves

                    Yeckel

PUBLIC HEALTH AND WELFARE

          Senators: Banks, Chair

                    Wiggins, Vice-chair

                    Curls

                    Goode

                    Jacob

                    Maxwell

                    Bentley

                    Sims

                    Singleton

                    Westfall

STATE BUDGET CONTROL

          Senators: Scott, Chair

                    McKenna, Vice-chair

                    Banks

                    Caskey

                    Lybyer

                    Quick

                    Ehlmann

                    Flotron

                    Mueller

                    Singleton

         

TRANSPORTATION

          Senators: Staples, Chair

                    McKenna, Vice-chair

                    DePasco

                    House

                    Scott

                    Childers

                    Graves

                    Russell

                    Westfall

WAYS AND MEANS

          Senators: Wiggins, Chair

                    Goode, Vice-chair

                    Jacob

                    Caskey

                    House

                    Schneider

                    Childers

                    Flotron

                    Klarich

                    Mueller

                    Rohrbach

GUBERNATORIAL APPOINTMENTS

          Senator Mathewson

INTRODUCTION OF BILLS

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

          SB 203--By Ehlmann.

          An Act to repeal section 542.276, RSMo 1994, relating to criminal procedure, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

          SB 204--By Ehlmann and Goode.

          An Act to amend chapter 441, RSMo, by adding one new section relating to cable television services to occupants of certain properties.

INTRODUCTIONS OF GUESTS

          Senator Maxwell introduced to the Senate, Judge Glen Norton, Hannibal.

          On motion of Senator Quick, the Senate adjourned until 10:30 a.m., Monday, January 13, 1997.