Journal of the Senate

FIRST REGULAR SESSION


FOURTH DAY--TUESDAY, JANUARY 14, 1997


     The Senate met pursuant to adjournment.

     President Wilson in the Chair.

     The Chaplain offered the following prayer:

     Our Father and our God, we have all enjoyed the festive atmosphere of a new beginning in this chamber. Our prayer is that when the session ends we will have reason to rejoice because of decisions made, actions taken and work completed. Be with us all as we seek to bring that joy to the people of our state. 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
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Absent with leave--Senators--None
The Lieutenant Governor was present.

INTRODUCTION OF BILLS

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

     SB 210--By Flotron.

     An Act to repeal section 523.045, RSMo 1994, relating to condemnation proceedings, and to enact in lieu thereof two new sections relating to the same subject.

     SB 211--By Flotron.

     An Act to repeal section 303.025, RSMo 1994, relating to motor vehicle liability insurance, and to enact one new section in lieu thereof relating to the same subject.

     SB 212--By Wiggins Johnson, Curls and Quick.

     An Act to repeal section 92.402, RSMo Supp. 1996, relating to transportation sales taxes, and to enact in lieu thereof one new section relating to the same subject.

     SB 213--By Schneider.

     An act to repeal section 70.820, RSMo 1994, relating to peace officers' arrest powers, and to enact in lieu thereof one new section relating to the same subject.

RESOLUTIONS

     Senators Schneider and Scott offered the following resolution, which was referred to the Committee on Rules, Joint Rules and Resolutions:

SENATE RESOLUTION NO. 19

     WHEREAS, the Missouri Citizens Commission on Compensation for Elected Officials was established pursuant to Section 3 of Article XIII of the Missouri Constitution, adopted at the 1994 general election; and

     WHEREAS, the purpose of the Commission is "to ensure that the power to control the rate of compensation of elected officials of this state is retained and exercised by the tax paying citizens of this state" rather than by the General Assembly; and

     WHEREAS, in order to fulfill this purpose, the Constitution provides that no affected public official shall receive compensation for the performance of their duties, including salaries, mileage allowances or per diem expense allowances, other than in the amount established for each office by the Commission, and that until July 1, 1997, the compensation of such affected public officials shall be that in effect on the effective date of the amendment to the Constitution denominated as Article XIII, Section 3; and

     WHEREAS, the Commission consists of twenty-two Missouri citizens: twelve appointed by the Governor, nine selected at random by the Secretary of State and one appointed by the Supreme Court, and includes representatives of large and small business, health care, agriculture, organized labor, personnel management, senior citizens, and its members reside in all geographic areas of the state; and

     WHEREAS, the Commission is charged by the Constitution to "review and study the relationship of compensation to the duties of "public officials subject to this section of the Constitution, and to carry out this duty, the Commission conducted eleven public meetings at six different locations throughout the state; and

     WHEREAS, testimony before the Commission was offered by numerous businesspersons, college presidents, lawyers and members of the public, in addition to the public officials affected by any changes in compensation proposed by the Commission; and

     WHEREAS, technical assistance was provided to the Commission by a firm with substantial experience in other states evaluating the duties of public servants and recommending appropriate compensation for such persons; and

     WHEREAS, the Commission filed its report and schedule of compensation with the Secretary of State and the Revisor of Statutes prior to December 1, 1996; and

     WHEREAS, Section 3 of Article XIII provides that the schedule shall become effective on July 1, 1997, unless disapproved by concurrent resolution adopted by the General Assembly prior to February 1, 1997; and

     WHEREAS, Section 3 of Article XIII provides that the General Assembly retains its historic authority to fund or not fund any portion of the schedule of compensation since each recommendation within the schedule is "subject to appropriations" by the General Assembly; and

     WHEREAS, it is the sense of the Missouri Senate that some of the recommendations within the schedule should not be fully implemented at this time and should be deferred and that the General Assembly should fund portions of the recommendations providing increases in salaries during the first regular session of this General Assembly and additional portions during the second regular session, and that the General Assembly should recommend to the Ninetieth General Assembly that the remainder of the recommendations be funded during its first and second regular sessions; and

     WHEREAS, the recommendations of the Commission are designed so as not to discourage interested citizens from filing for public office by reason of the financial sacrifice such service might demand of persons who otherwise would be interested; and

     WHEREAS, it is a matter of public record that interest in public office in Missouri is such that many incumbent officeholders seeking reelection often do so without opposition and many elections for state offices go uncontested; and

     WHEREAS, although Missouri law supports the concept of a part-time legislature which meets approximately five months per year, legislators are frequently called upon to serve on interim committees exploring areas to be addressed in future legislative sessions and are also expected to be available to address constituent needs and problems regarding state government in their home districts; and

     WHEREAS, current policies of the federal government have resulted in many governmental functions formerly exercised by the national government being transferred to state governments, including environmental regulation, public assistance, public health care, low income housing programs and special education programs, which have resulted in the need for well-informed legislators who must devote an increasing amount of time resolving problems now confronting state government; and

     WHEREAS, the Senate, through its Senate Rules, has substantially reduced the ability of lobbyists to entertain senators or to provide financial benefits of any kind and that additional measures are now under consideration to further reduce the inappropriate use of financial resources by registered lobbyists; and

     WHEREAS, the Commission recommended that members of the General Assembly receive approximately an 18.9 percent increase in compensation for fiscal year 1998, and a 7.7 percent increase in compensation for fiscal year 1999, which when compounded represents approximately an increase of 28 percent in salary from fiscal year 1997 to fiscal year 1999, and which represents an increase in total compensation of less than one hundred dollars per week for fiscal year 1998 and approximately forty eight dollars for fiscal year 1999;

     WHEREAS, the plain language of Section 3 of Article XIII suggests that if the General Assembly adopts a concurrent resolution prior to February 1, 1997, disapproving the initial schedule of compensation filed by the Commission, any compensation payable for the offices under the jurisdiction of the Commission will be eliminated since the Constitution states that the only salary payable is "in the amount established for each office by the Missouri Citizens Commission on Compensation for Elected Officials"; and

     WHEREAS, it is in the best interests of the state to avoid ambiguity and potential litigation in association with interpretation of the provisions of Section 3 of Article XIII of the Constitution;

     NOW, THEREFORE, BE IT RESOLVED by a majority of the elected members of the Senate of the First Regular Session of the Eighty-Ninth General Assembly with respect to the portion of the report and schedule of compensation filed by the Missouri Citizens Commission on Compensation for Elected Officials relating to the salaries of members of the General Assembly, as follows:

1.     That the increases for members of the General Assembly be implemented at a rate of twenty five percent per year over a four year period further adjusted by cost of living increases in the manner provided by Section 105.005, RSMo, so that the base salary of members of the General Assembly would be increased by the amount of Seven Percent per year for each of fiscal years 1998, 1999, 2000 and 2001;

2.     That the Senate is hereby committed to appropriate an amount not to exceed that necessary for salaries of members of the General Assembly consistent with this resolution;

3.     The Secretary of the Senate is instructed to inform the Speaker of the House of Representatives, the Governor and the Secretary of State of the adoption of this resolution by delivering a properly certified copy of this resolution to such persons upon adoption of this resolution.

     Senators Schneider and Scott offered the following resolution, which was referred to the Committee on Rules, Joint Rules and Resolutions:

SENATE RESOLUTION NO. 20

     WHEREAS, the Missouri Citizens Commission on Compensation for Elected Officials was established pursuant to Section 3 of Article XIII of the Missouri Constitution, adopted at the 1994 general election; and

     WHEREAS, the purpose of the Commission is "to ensure that the power to control the rate of compensation of elected officials of this state is retained and exercised by the tax paying citizens of this state" rather than by the General Assembly; and

     WHEREAS, in order to fulfill this purpose, the Constitution provides that no affected public official shall receive compensation for the performance of their duties, including salaries, mileage allowances or per diem expense allowances, other than in the amount established for each office by the Commission, and that until July 1, 1997, the compensation of such affected public officials shall be that in effect on the effective date of the amendment to the Constitution denominated as Article XIII, Section 3; and

     WHEREAS, the Commission consists of twenty-two Missouri citizens: twelve appointed by the Governor, nine selected at random by the Secretary of State and one appointed by the Supreme Court, and includes representatives of large and small business, health care, agriculture, organized labor, personnel management, senior citizens, and its members reside in all geographic areas of the state; and

     WHEREAS, the Commission is charged by the Constitution to "review and study the relationship of compensation to the duties of "public officials subject to this section of the Constitution, and to carry out this duty, the Commission conducted eleven public meetings at six different locations throughout the state; and

     WHEREAS, testimony before the Commission was offered by numerous businesspersons, college presidents, lawyers and members of the public, in addition to the public officials affected by any changes in compensation proposed by the Commission; and

     WHEREAS, technical assistance was provided to the Commission by a firm with substantial experience in other states evaluating the duties of public servants and recommending appropriate compensation for such persons; and

     WHEREAS, the Commission filed its report and schedule of compensation with the Secretary of State and the Revisor of Statutes prior to December 1, 1996; and

     WHEREAS, Section 3 of Article XIII provides that the schedule shall become effective on July 1, 1997, unless disapproved by concurrent resolution adopted by the General Assembly prior to February 1, 1997; and

     WHEREAS, Section 3 of Article XIII provides that the General Assembly retains its historic authority to fund or not fund any portion of the schedule of compensation since each recommendation within the schedule is "subject to appropriations" by the General Assembly; and

     WHEREAS, it is the sense of the Missouri Senate that some of the recommendations within the schedule should not be fully implemented at this time and should be deferred, and that the General Assembly should fund portions of the recommendations providing increases in salaries during the first regular session of this General Assembly and additional portions during the second regular session, and that the General Assembly should recommend to the Ninetieth General Assembly that the remainder of the recommendations be funded during its first and second regular sessions; and

     WHEREAS, the per diem reimbursement for actual and necessary expenses incurred during meetings of the Missouri Judicial Conference, which requires mandatory attendance by Missouri judges, has been historically the same amount as that provided for members of the General Assembly; and the sense of the Senate is that this correlation remain as currently provided; and

     WHEREAS, the chief justice of the Supreme Court has traditionally received a differential in salary in the amount of Two Thousand Five Hundred Dollars per year, in compensation for additional administrative duties associated with such position; and

     WHEREAS, the plain language of Section 3 of Article XIII suggests that if the General Assembly adopts a concurrent resolution prior to February 1, 1997, disapproving the initial schedule of compensation filed by the Commission, any compensation payable for the offices under the jurisdiction of the Commission will be eliminated since the Constitution states that the only salary payable is "in the amount established for each office by the Missouri Citizens Commission on Compensation for Elected Officials"; and

     WHEREAS, it is in the best interests of the state to avoid ambiguity and potential litigation in association with interpretation of the provisions of Section 3 of Article XIII of the Constitution;

     NOW, THEREFORE, BE IT RESOLVED by a majority of the elected members of the Senate of the First Regular Session of the Eighty-Ninth General Assembly with respect to the portion of the report and schedule of compensation filed by the Missouri Citizens Commission on Compensation for Elected Officials relating to salaries of state court judges other than municipal court judges, as follows:

1.     That the increases for judges of the Supreme Court, Court of Appeals and circuit courts be implemented at a rate of twenty five percent per year over a four year period further adjusted by cost of living increases in the manner provided by Section 476.405, RSMo, so that such annual increases in the base salary prior to such cost of living increases would be as follows: For judges of the Supreme Court and the Court of Appeals, 3.4 percent per year for each of fiscal years 1998, 1999, 2000 and 2001; for judges of the circuit courts, 3.7 percent for each of fiscal years 1998, 1999, 2000 and 2001;

2.     That increases in salary for judges of the associate circuit divisions of the circuit court be implemented at the rate of twenty-five percent for fiscal year 1998 only so that such annual increases in the base salary prior to such cost of living increases would be 5.7 percent for fiscal year 1998; and that further consideration of the unfunded portion of the commission's recommendations for salaries of associate circuit judges be deferred until the second regular session of the Eighty-Ninth General Assembly, after the General Assembly has considered the issue of whether or not the Constitution should be amended to eliminate the requirement that an associate circuit judge be required in every county and after the General Assembly has considered the issue of deployment of judicial resources and legislation needed to ensure efficient use of associate circuit judges on a statewide basis;

3.     That the amount of per diem reimbursement for expenses incurred during meetings of the Missouri Judicial Conference be calculated in the same manner as the amount of per diem is calculated for legislators;

4.     That the chief justice of the Supreme Court shall continue to receive the additional Two Thousand Five Hundred Dollars currently provided by law to such position;

5.     That the Senate is hereby committed to appropriate an amount not to exceed that necessary for salaries of members of the General Assembly consistent with this resolution;

6.     The Secretary of the Senate is instructed to inform the Speaker of the House of Representatives, the Governor and the Secretary of State of the adoption of this resolution by delivering a properly certified copy of this resolution to such persons upon adoption of this resolution.

     Senators Schneider and Scott offered the following resolution, which was referred to the Committee on Rules, Joint Rules and Resolutions:

SENATE RESOLUTION NO. 21

     WHEREAS, the Missouri Citizens Commission on Compensation for Elected Officials was established pursuant to Section 3 of Article XIII of the Missouri Constitution, adopted at the 1994 general election; and

     WHEREAS, the purpose of the Commission is "to ensure that the power to control the rate of compensation of elected officials of this state is retained and exercised by the tax paying citizens of this state" rather than by the General Assembly; and

     WHEREAS, in order to fulfill this purpose, the Constitution provides that no affected public official shall receive compensation for the performance of their duties, including salaries, mileage allowances or per diem expense allowances, other than in the amount established for each office by the Commission, and that until July 1, 1997, the compensation of such affected public officials shall be that in effect on the effective date of the amendment to the Constitution denominated as Article XIII, Section 3; and

     WHEREAS, the Commission consists of twenty-two Missouri citizens: twelve appointed by the Governor, nine selected at random by the Secretary of State and one appointed by the Supreme Court, and includes representatives of large and small business, health care, agriculture, organized labor, personnel management, senior citizens, and its members reside in all geographic areas of the state; and

     WHEREAS, the Commission is charged by the Constitution to "review and study the relationship of compensation to the duties of "public officials subject to this section of the Constitution, and to carry out this duty, the Commission conducted eleven public meetings at six different locations throughout the state; and

     WHEREAS, testimony before the Commission was offered by numerous businesspersons, college presidents, lawyers and members of the public, in addition to the public officials affected by any changes in compensation proposed by the Commission; and

     WHEREAS, technical assistance was provided to the Commission by a firm with substantial experience in other states evaluating the duties of public servants and recommending appropriate compensation for such persons; and

     WHEREAS, the Commission filed its report and schedule of compensation with the Secretary of State and the Revisor of Statutes prior to December 1, 1996; and

     WHEREAS, Section 3 of Article XIII provides that the schedule shall become effective on July 1, 1997, unless disapproved by concurrent resolution adopted by the General Assembly prior to February 1, 1997; and

     WHEREAS, Section 3 of Article XIII provides that the General Assembly retains its historic authority to fund or not fund any portion of the schedule of compensation since each recommendation within the schedule is "subject to appropriations" by the General Assembly; and

     WHEREAS, the Lieutenant Governor was afforded a substantial increase in responsibility as a result of legislation enacted by the General Assembly in 1993 which provided extra duties to the Lieutenant Governor; and

     WHEREAS, although at one time the position of Lieutenant Governor was considered a part-time position and the holder of such office had the option of holding outside employment, the extra duties placed in this office now mandate that the holder of this office exercise his or her duties on a full-time basis; and

     WHEREAS, the plain language of Section 3 of Article XIII suggests that if the General Assembly adopts a concurrent resolution prior to February 1, 1997, disapproving the initial schedule of compensation filed by the Commission, any compensation payable for the offices under the jurisdiction of the Commission will be eliminated since the Constitution states that the only salary payable is "in the amount established for each office by the Missouri Citizens Commission on Compensation for Elected Officials"; and

     WHEREAS, it is in the best interests of the state to avoid ambiguity and potential litigation in association with interpretation of the provisions of Section 3 of Article XIII of the Constitution;

     NOW, THEREFORE, BE IT RESOLVED by a majority of the elected members of the Senate of the First Regular Session of the Eighty-Ninth General Assembly with respect to the portion of the report and schedule of compensation filed by the Missouri Citizens Commission on Compensation for Elected Officials relating the salaries of statewide elected officials, as follows:

1.     That the Senate approve the increase in base salary recommended by the Commission for the Lieutenant Governor in the approximate amount of Five Thousand Dollars per year;

2.     That the salaries provided by the Governor, Secretary of State, State Treasurer, State Auditor and the Attorney General remain in the amounts currently provided by law, as recommended by the Commission;

3.     That the base salaries of all statewide elected officials be subject to the annual salary adjustment provided by Section 105.005, RSMo;

4.     That the Senate is hereby committed to appropriate an amount not to exceed that necessary for salaries of members of the General Assembly consistent with this resolution;

5.     The Secretary of the Senate is instructed to inform the Speaker of the House of Representatives, the Governor and the Secretary of State of the adoption of this resolution by delivering a properly certified copy of this resolution to such persons upon adoption of this resolution.

     Senators Schneider and Scott offered the following resolution, which was referred to the Committee on Rules, Joint Rules and Resolutions:

SENATE RESOLUTION NO. 22

     WHEREAS, the Missouri Citizens Commission on Compensation for Elected Officials was established pursuant to Section 3 of Article XIII of the Missouri Constitution, adopted at the 1994 general election; and

     WHEREAS, the purpose of the Commission is "to ensure that the power to control the rate of compensation of elected officials of this state is retained and exercised by the tax paying citizens of this state" rather than by the General Assembly; and

     WHEREAS, in order to fulfill this purpose, the Constitution provides that no affected public official shall receive compensation for the performance of their duties, including salaries, mileage allowances or per diem expense allowances, other than in the amount established for each office by the Commission, and that until July 1, 1997, the compensation of such affected public officials shall be that in effect on the effective date of the amendment to the Constitution denominated as Article XIII, Section 3; and

     WHEREAS, the Commission consists of twenty-two Missouri citizens: twelve appointed by the Governor, nine selected at random by the Secretary of State and one appointed by the Supreme Court, and includes representatives of large and small business, health care, agriculture, organized labor, personnel management, senior citizens, and its members reside in all geographic areas of the state; and

     WHEREAS, the Commission is charged by the Constitution to "review and study the relationship of compensation to the duties of "public officials subject to this section of the Constitution, and to carry out this duty, the Commission conducted eleven public meetings at six different locations throughout the state; and

     WHEREAS, testimony before the Commission was offered by numerous businesspersons, college presidents, lawyers and members of the public, in addition to the public officials affected by any changes in compensation proposed by the Commission; and

     WHEREAS, technical assistance was provided to the Commission by a firm with substantial experience in other states evaluating the duties of public servants and recommending appropriate compensation for such persons; and

     WHEREAS, the Commission filed its report and schedule of compensation with the Secretary of State and the Revisor of Statutes prior to December 1, 1996; and

     WHEREAS, Section 3 of Article XIII provides that the schedule shall become effective on July 1, 1997, unless disapproved by concurrent resolution adopted by the General Assembly prior to February 1, 1997; and

     WHEREAS, Section 3 of Article XIII provides that the General Assembly retains its historic authority to fund or not fund any portion of the schedule of compensation since each recommendation within the schedule is "subject to appropriations" by the General Assembly; and

     WHEREAS, it is the sense of the Missouri Senate that some of the recommendations within the schedule should not be fully implemented at this time and should be deferred; and

     WHEREAS, certain positions of leadership within the General Assembly involve the exercise of duties additional to those provided by law for other members of the General Assembly, including presiding over the respective houses of the General Assembly, administration of each respective house, representation of the viewpoint of groups of legislators in determining policy of each house, coordination of the proceedings of each house, and presiding and coordinating the consideration of the proposed state budget in the General Assembly; and

     WHEREAS, fulfillment of these additional duties translate into additional time spent in fulfilling these members' legislative duties; and

     WHEREAS, the per diem allowance of thirty-five dollars per day has not been changed for twenty years and is inadequate to provide for expenses of members of the General Assembly for lodging and meals while in session;

     WHEREAS, the plain language of Section 3 of Article XIII suggests that if the General Assembly adopts a concurrent resolution prior to February 1, 1997, disapproving the initial schedule of compensation filed by the Commission, any compensation payable for the offices under the jurisdiction of the Commission will be eliminated since the Constitution states that the only salary payable is "in the amount established for each office by the Missouri Citizens Commission on Compensation for Elected Officials"; and

     WHEREAS, it is in the best interests of the state to avoid ambiguity and potential litigation in association with interpretation of the provisions of Section 3 of Article XIII of the Constitution;

     NOW, THEREFORE, BE IT RESOLVED by a majority of the elected members of the Senate of the First Regular Session of the Eighty-Ninth General Assembly with respect to the portion of the report and schedule of compensation filed by the Missouri Citizens Commission on Compensation for Elected Officials relating to the increase in legislative per diem reimbursement for expenses and the differential in salary for certain positions of leadership within the General Assembly, including the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Majority and Minority Floor Leaders of the Senate and House of Representatives, and the chairpersons of the Senate Appropriations Committee and the House Budget Committee, as follows:

1.     That, until further evidence can be developed to support the Commission's recommendation of a per diem in the amount indexed on the federal standard promulgated by the Internal Revenue Service of the Department of Treasury, a per diem allowance of seventy dollars per day for each day that the General Assembly is in session should be authorized;

2.     That the differential in pay for the positions in leadership with the General Assembly in the amount of Three Thousand Five Hundred Dollars for the President Pro Tempore of the Senate and the Speaker of the House of Representatives, and Two Thousand Five Hundred Dollars for the other leadership positions, be approved;

3.     That the Senate is hereby committed to appropriate an amount not to exceed that necessary for salaries of members of the General Assembly consistent with this resolution;

4.     The Secretary of the Senate is instructed to inform the Speaker of the House of Representatives, the Governor and the Secretary of State of the adoption of this resolution by delivering a properly certified copy of this resolution to such persons upon adoption of this resolution.

     Senator House offered Senate Resolution No. 23, regarding The Gault Foundation, which was adopted.

     Senator Wiggins assumed the Chair.

CONCURRENT RESOLUTIONS

     Senators Schneider and Scott offered the following concurrent resolution, which was referred to the Committee on Rules, Joint Rules and Resolutions:

SENATE CONCURRENT RESOLUTION NO. 14

     WHEREAS, on November 8, 1994, the voters of Missouri adopted an amendment to the Missouri Constitution, codified therein as Section 3 of Article XIII; and

     WHEREAS, Section 3 of Article XIII provides that the compensation of statewide elected officials, members of the general assembly and certain members of the judiciary is to be set by the Missouri citizens commission on compensation for elected officials after a review and study of the relationship of the compensation of such officials to the duties of such officials (Art. XIII, Sec. 3); and

     WHEREAS, the purpose of the commission is to ensure that the power to control the rate of compensation of elected officials of this state is retained and exercised by the tax paying citizens of this state rather than by the general assembly (Art. XIII, Sec. 3); and

     WHEREAS, in order to fulfill this purpose, the Constitution provides that affected public officials shall not receive compensation for the performance of their duties, including salaries, mileage allowances or per diem expense allowances, "other than in the amount established for each office by the commission, and that the schedule shall be subject to appropriation" affected public officials shall be that in effect on the effective date of the amendment to the Constitution denominated as Article XIII, Section 3; and

     WHEREAS, the commission filed its report and schedule of compensation with the secretary of state and the revisor of statutes prior to December 1, 1996, as required by the Constitution; and

     WHEREAS, Section 3 of Article XIII provides that the schedule shall become effective on July 1, 1997, unless disapproved by concurrent resolution adopted by the general assembly prior to February 1, 1997; and

     WHEREAS, Section 3 of Article XIII provides that implementation of the schedule of compensation, even after its adoption, is "subject to appropriation by the general assembly" (Art. XIII, Sec. 3); and

     WHEREAS, Section 3 of Article XIII leaves full or partial funding of the commission to the discretion of the general assembly; and

     NOW, THEREFORE, BE IT RESOLVED by the senate of the first regular session of the eighty-ninth general assembly, the house of representatives concurring therein, that the secretary of the senate and chief clerk of the house of representatives, upon adoption of each of the following sections by a majority of members of the senate and a majority of the members of the House of Representatives, respectively, shall communicate such adoption to the Governor and the Secretary of State:

     1. That, a per diem allowance of seventy dollars per day for each day that the general assembly is in session shall be authorized subject to appropriation;

     2. That the differential in pay for the positions in leadership within the general assembly in the amount of three thousand five hundred dollars for the president pro tempore of the senate and the speaker of the house of representatives, and two thousand five hundred dollars for the majority and minority floor leaders of the senate and house of representatives, and the chairpersons of the senate appropriations committee and the house budget committee, be approved subject to appropriation;

     3. That with respect to the salaries of statewide elected officials:

     (a) The increase in base salary recommended by the commission for the lieutenant governor in the approximate amount of five thousand dollars per year shall be approved subject to appropriation;

     (b) The salaries provided the governor, secretary of state, state treasurer, state auditor and the attorney general remain in the amounts currently provided by law, as recommended by the commission;

     (c) The base salaries of all statewide elected officials be subject to the annual salary adjustment provided by section 105.005, RSMo, as recommended by the commission;

     4. That with respect to judicial compensation:

     (a) The increases for judges of the supreme court, court of appeals and circuit courts be implemented at a rate of twenty-five percent per year over a four-year period further adjusted by cost of living increases in the manner provided by section 476.405, RSMo. Such annual increases in the base salary prior to such cost of living increases, as follows: For judges of the supreme court and the court of appeals, 3.4 percent per year for each of fiscal years 1998, 1999, 2000 and 2001; for judges of the circuit courts, 3.7 percent for each of fiscal years 1998, 1999, 2000 and 2001 subject to appropriation;

     (b) That increases in salary for judges of the associate circuit divisions of the circuit court be implemented at the rate not to exceed twenty-five percent for fiscal year 1998 only so that such annual increases in the base salary prior to such cost of living increases would be 5.7 percent for fiscal year 1998; and that further consideration of the unfunded portion of the commission s recommendations for salaries of associate circuit judges be deferred until the second regular session of the eighty-ninth general assembly, after the general assembly has considered the issue of whether or not the Constitution should be amended to eliminate the requirement that an associate circuit judge be required in every county and after the general assembly has considered the issue of deployment of judicial resources and legislation needed to ensure efficient use of associate circuit judges on a statewide basis subject to appropriation;

     (c) The amount of per diem reimbursement for expenses incurred during meetings of the Missouri judicial conference be calculated in the same manner as the amount of per diem is calculated for legislators subject to appropriation;

     (d) The chief justice of the supreme court shall continue to receive the additional two thousand five hundred dollars currently provided by law to such position;

     5. That the increases for members of the general assembly be implemented at a rate of twenty-five percent per year over a four-year period further adjusted by cost of living increases in the manner provided by section 105.005, RSMo, so that the base salary of members of the general assembly would be increased by the amount of seven percent per year for each of fiscal years 1998, 1999, 2000 and 2001 subject to appropriation;

     BE IT FURTHER RESOLVED that, subject to the authority of the general assembly to fund or withhold all or portions of the funding for such recommendations, the general assembly conditionally accepts and adopts the schedule of compensation filed by the Missouri citizens commission on compensation for elected officials with the secretary of state and the revisor of statutes, to become effective on July 1, 1997, under the conditions provided herein. If the general assembly approves appropriations in excess of the appropriation necessary to implement this resolution, and the governor does not veto such appropriation, the commissioner of administration shall authorize the payment of compensation at the level which would have otherwise been paid effective on July 1 of that year.

INTRODUCTION OF BILLS

     The following Bill was read the 1st time and 1,000 copies ordered printed:

     SB 214--By Caskey.

     An Act to amend chapter 376, RSMo, relating to direct patient access to primary care providers.

COMMUNICATIONS

     President Pro Tem McKenna submitted the following:

January 14, 1997

The Honorable William P. McKenna

President Pro Tem

State Capitol, Room 326

Jefferson City, MO 65101

Dear Senator McKenna:

Please let this letter serve as my resignation from the Joint Committee on Legislative Research, the Joint Committee on Legislative Research Personnel Subcommittee, and the Joint Committee on Health Care Policy and Planning.

Thank you for your consideration.

Sincerely,

/s/ Marvin Singleton

Marvin A. Singleton, M.D.

Senator, 32nd District

INTRODUCTIONS OF GUESTS

     Senator Goode introduced to the Senate, Leslie Hogshead, Maureen Pfeifer, Sue Friedman and students from McCluer High School, Florissant; and James Knowles, Octavia Pfeifer, Ellen McAllister, Justin Pfeifer and Melissa Gebhardt were made honorary pages.

     On motion of Senator Quick, the Senate adjourned under the rules.