Journal of the Senate

FIRST REGULAR SESSION


FIFTH DAY--WEDNESDAY, JANUARY 15, 1997


     The Senate met pursuant to adjournment.

     President Wilson in the Chair.

     The Chaplain offered the following prayer:

     Dear Lord, we are thankful for and concerned about every citizen of our state, the rich and the poor, those who support us and those who do not, the weak and the strong, the black and the white, those with strong religious convictions and those who have none. Help us to work to make every citizen's way of life better. 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.

     

RESOLUTIONS

     Senators Caskey, Wiggins, DePasco, Curls and Quick offered Senate Resolution No. 24, regarding the Honorable Jack E. Gant, Circuit Judge of Jackson County, which was adopted.

     Senator Johnson offered Senate Resolution No. 25, regarding Mr. Harold W. Cole, St. Joseph, which was adopted.

     Senator Ehlmann offered Senate Resolution No. 26, regarding Mr. William H. (Bill) Weber, St. Charles, which was adopted.

     Senator Staples offered Senate Resolution No. 27, regarding Mr. Mark Allen, Farmington, which was adopted.

     Senator Staples offered Senate Resolution No. 28, regarding Mr. B. Ted Boyer, Bonne Terre, which was adopted.

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. 15

     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, Section 3, Subsection 8).

     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, Section 3, Subsection 1) 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, subject to appropriations, apply and represent the compensation for each affected person beginning the first day of July following the filing of the schedule ... (Art. XIII, Section 3, Subsection 8)

     WHEREAS, Section 3 of Article XIII provides that the schedule shall be come 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, Section 3, Subsection 8); and

     WHEREAS, Section 3 of Article XIII leaves full or partial funding of the recommendations 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 effective July 1, 1997, and that the amount appropriated for such purpose shall not exceed such authorized amount;

     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,

     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;

     (b) The salaries provided the governor, secretary of state, state treasurer, state auditor and the attorney general remain in the amount currently provided, 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 provided by the schedule for judges of the supreme court, court of appeals and circuit courts be implemented at a rate not to exceed twenty-five percent per year over a four-year period of the increase provided by the commission, except as may be further adjusted by cost of living increases provided by section 476.405, RSMo. 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, and that the amount appropriated for such judicial positions shall not exceed such authorized amount;

     (b) That increases provided by the schedule for judges of the associate circuit divisions of the circuit court be implemented at the rate not to exceed twenty-five percent of the increase provided by the commission for fiscal year 1998 only. Such increase in the base salary would be 5.7 percent for fiscal year 1998 and that amount appropriated for such purposes shall not exceed such authorized amount. 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;

     (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 and the amount appropriated for such purpose shall not exceed that authorized amount;

     (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 increase provided by the schedule for members of the general assembly be implemented at a rate of twenty-five percent per year over a four-year period, except as may be 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 may be increased by an amount not to exceed seven percent per year for each of fiscal years 1998, 1999, 2000 and 2001, and that the amount appropriated for such purposes shall not exceed such authorized amount.

     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, the condition of such acceptance and approval being that the general assembly shall not approve appropriations to implement the recommendations of the commission in excess of those appropriations consistent with this resolution. In the event that the general assembly shall approve appropriations in excess of the appropriation necessary to implement this resolution, then the schedule of compensation shall be deemed disapproved as of the date of the adoption of this resolution.

     Senator Wiggins assumed the Chair.

INTRODUCTION OF BILLS

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

     SB 215--By Quick.

     An Act to repeal section 595.050, RSMo 1994, relating to the services to victims fund, and to enact in lieu thereof one new section relating to the same subject.

     SB 216--By Mathewson.

     An Act to repeal section 262.260, RSMo 1994, relating to state fair admission fees and to enact in lieu thereof one new section relating to the same subject.

     SB 217--By Staples.

     An Act to repeal sections 226.510, 226.520, 226.525 and 226.540, RSMo 1994, and section 226.550, RSMo Supp. 1996, relating to the regulation of outdoor advertising, and to enact in lieu thereof eight new sections relating to the same subject.

     SB 218--By Howard.

     An Act to amend section 221.405, RSMo 1994, relating to regional jail districts, and to enact in lieu thereof one new section relating to the same subject.

     SB 219--By House.

     An Act to repeal section 67.547, RSMo 1994, relating to a petition process for county sales tax, and to enact in lieu thereof one new section relating to the same subject.

     SB 220--By House.

     An Act to repeal section 294.040, RSMo 1994, and section 294.011, RSMo Supp. 1996, relating to child labor, and to enact in lieu thereof two new sections relating to the same subject.

     SB 221--By House.

     An Act to repeal section 571.030, RSMo Supp. 1996, relating to weapons offenses, and to enact in lieu thereof one new section relating to the same subject with penalty provisions.

     SB 222--By Scott.

     An Act to repeal sections 104.374, 104.415 and 104.612, RSMo 1994, and sections 104.395, 287.820 and 476.601, RSMo Supp. 1996, relating to retirement of state officers and employees, and to enact in lieu thereof six new sections relating to the same subject.

     SB 223--By Maxwell, Wiggins, Sims, Westfall and Howard.

     An Act to repeal sections 354.400, 354.405, 354.410, 354.430, 354.470, 354.490, 354.505, 354.515, 354.535, 374.500, 374.507 and 374.510, RSMo 1994, and sections 376.381 and 376.811, RSMo Supp. 1996, relating to managed care organizations, and to enact in lieu thereof forty-eight new sections relating to the same subject, with penalty provisions.

     SB 224--By Maxwell.

     An Act to amend chapter 431, RSMo, and chapter 610, RSMo, by adding thereto two new sections relating to disclosing health care information.

     SB 225--By Bentley and Sims.

     An Act to repeal sections 192.016, 193.125, 210.491, 211.444, 211.447, 453.010, 453.014, 453.015, 453.025, 453.030, 453.040, 453.065, 453.070, 453.073, 453.075, 453.080, 453.110, 453.170, and 568.175, RSMo 1994, and section 453.060, RSMo Supp. 1996, relating to adoption, and to enact in lieu thereof twenty-three new sections relating to the same subject, with penalty provisions.

     SB 226--By Jacob.

     An Act relating to land acquisition with state funds.

     SB 227--By Jacob.

     An Act to repeal sections 338.043, 338.057, 338.059, 338.060, 338.065, 338.070, 338.100, 338.120, 338.130, 338.140, 338.196, 338.220 and 338.365, RSMo 1994, and section 338.056, RSMo Supp. 1996, relating to the state board of pharmacy, and to enact in lieu thereof fifteen new sections relating to the same subject.

MISCELLANEOUS

     President Pro Tem McKenna submitted the following:

HEARING SCHEDULE

89TH GENERAL ASSEMBLY

1ST REGULAR SESSION

January 16, 1997

MondayTuesdayWednesdayThursday
8:30 a.m.Commerce and Environment - SL (Goode) Civil and Criminal Jurisprudence - SCR 2 (Caskey) Rules, Jt. Rules & Res. - SL (Quick)
9:00 a.m.Aging, Families & Mental Health - SCR 1 (Howard) Gubernatorial Appointments - SL (McKenna)
11:00 a.m. Labor & Industrial Relations - SCR 1 (Clay) Elections, Pensions & Veterans' Affairs - SCR 1 (DePasco)
1:30 p.m.Transportation - SL (Staples) Agriculture, Conservation, Parks and Tourism - SCR 2 (Johnson)
2:00 p.m. Local Government & Economic Development - SCR 2 (Mathewson) Judiciary - SL (Schneider)
2:30 p.m.Insurance & Housing - SCR 1 (Curls)
3:00 p.m.Financial & Governmental Organization - SL (Maxwell)Corrections and General Laws - SL (Scott)
3:30 p.m. Education - SL (House)
8:00 p.m. Public Health and Welfare - SL (Banks) Ways and Means - SL (Wiggins)

SL - Senate Lounge

SCR 1 - Senate Committee Room 1, Room 118

SCR 2 - Senate Committee Room 2, Room 119

SECOND READING OF SENATE BILLS

     The following Bills were read the 2nd time and referred to the Committees indicated:

     SB 76--Aging, Families and Mental Health.

     SB 77--Corrections and General Laws.

     SB 78--Judiciary.

     SB 79--Agriculture, Conservation, Parks and Tourism.

     SB 80--Financial and Governmental Organization.

     SB 81--Ways and Means.

     SB 82--Civil and Criminal Jurisprudence.

     SB 83--Aging, Families and Mental Health.

     SB 84--Judiciary.

     SB 85--Agriculture, Conservation, Parks and Tourism.

     SB 86--Civil and Criminal Jurisprudence.

     SB 87--Insurance and Housing.

     SB 88--Insurance and Housing.

     SB 89--Corrections and General Laws.

     SB 90--Civil and Criminal Jurisprudence.

     SB 91--Transportation.

     SB 92--Commerce and Environment.

     SB 93--Judiciary.

     SB 94--Insurance and Housing.

     SB 95--Insurance and Housing.

     SB 96--Financial and Governmental Organization.

     SB 97--Aging, Families and Mental Health.

     SB 98--Transportation.

     SB 99--Financial and Governmental Organization.

     SB 100--Labor and Industrial Relations.

     SB 101--Ways and Means.

     SB 102--Public Health and Welfare.

     SB 103--Insurance and Housing.

     SB 104--Local Government and Economic Development.

     SB 105--Agriculture, Conservation, Parks and Tourism.

     SB 106--Civil and Criminal Jurisprudence.

     SB 107--Civil and Criminal Jurisprudence.

     SB 108--Transportation.

     SB 109--Aging, Families and Mental Health.

     SB 110--Ways and Means.

     SB 111--Civil and Criminal Jurisprudence.

     SB 112--Local Government and Economic Development.

     SB 113--Insurance and Housing.

     SB 114--Financial and Governmental Organization.

     SB 115--Financial and Governmental Organization.

     SB 116--Insurance and Housing.

     SB 117--Insurance and Housing.

     SB 118--Insurance and Housing.

     SB 119--Local Government and Economic Development.

     SB 120--Commerce and Environment.

     SB 121--Civil and Criminal Jurisprudence.

     SB 122--Local Government and Economic Development.

     SB 123--Commerce and Environment.

     SB 124--Ways and Means.

     SB 125--Commerce and Environment.

     SB 126--Education.

     SB 127--Commerce and Environment.

     SB 128--Corrections and General Laws.

     SB 129--Corrections and General Laws.

     SB 130--Civil and Criminal Jurisprudence.

     SB 131--Financial and Governmental Organization.

     SB 132--Elections, Pensions and Veterans' Affairs.

     SB 133--Civil and Criminal Jurisprudence.

     SB 134--Agriculture, Conservation, Parks and Tourism.

     SB 135--Agriculture, Conservation, Parks and Tourism.

     SB 136--Aging, Families and Mental Health.

     SB 137--Aging, Families and Mental Health.

     SB 138--Local Government and Economic Development.

     SB 139--Transportation.

     SB 140--Transportation.

INTRODUCTION OF BILLS

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

     SB 228--By Johnson.

     An Act to repeal section 67.400, RSMo Supp. 1996, relating to certain political subdivisions and to enact in lieu thereof three new sections relating to the same subject.

INTRODUCTIONS OF GUESTS

     Senator Staples introduced to the Senate, Kenneth "Peck" Brown, Eminence.

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