Journal of the Senate

FIRST REGULAR SESSION


TENTH DAY--THURSDAY, JANUARY 23, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Heavenly Father, You brought us into a world of diversity in nature, in government and in people. We have difficulty bringing all of this together for good. Help us to use all of our resources, both natural and human, to benefit every person. 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.

     Senator Mathewson assumed the Chair.

     Senator Quick announced that photographers from KRCG-TV and KOMU-TV had been given permission to take pictures in the Senate Chamber today.

     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

RESOLUTIONS

     Senator Flotron offered Senate Resolution No. 54, regarding Brandon R. Tenney, Chesterfield, which was adopted.

     Senator Flotron offered Senate Resolution No. 55, regarding Michael "Brandon" Koplin, Ballwin, which was adopted.

     Senator Caskey offered Senate Resolution No. 56, regarding Lillian Irene Querry Lent, Hume, which was adopted.

     Senator Caskey offered Senate Resolution No. 57, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Roy Grimes, which was adopted.

     Senator Kenney offered Senate Resolution No. 58, regarding the Fiftieth Wedding Anniversary of Mr. and Mrs. Francis L. McClure, Independence, which was adopted.

     Senator Quick offered Senate Resolution No. 59, regarding Harold G. Townsend, Jr., which was adopted.

     Senator Quick offered Senate Resolution No. 60, regarding the Sixty- fifth Wedding Anniversary of Mr. and Mrs. Elston Stout, Kansas City, which was adopted.

CONCURRENT RESOLUTIONS

     Senator Lybyer moved that SCR 3 be taken up for adoption, which motion prevailed.

     Senator Lybyer moved that SCR 3 be adopted.

     Senator Scott assumed the Chair.

     Senator Staples assumed the Chair.

     Senator McKenna offered SS for SCR 3:

SENATE SUBSTITUTE FOR

SENATE CONCURRENT RESOLUTION NO. 3

     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; and

     WHEREAS, the section 3 of article XIII provides that 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 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 Missouri Citizens Commission on Compensation for Elected Officials , and that until July 1, 1997, the only compensation payable to the 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; 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

     WHEREAS, the attorney general has opined to the members of the general assembly that If the General Assembly appropriates less money for the compensation of officials than the compensation shown in the Compensation Schedule prepared by the Missouri Citizen s Commission on Compensation for Elected Officials , those officials are to be paid the lesser amount appropriated by the General Assembly rather than the amount shown in the Compensation Schedule. (Attorney General s Opinion No. 91-97, January 20, 1997); 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; and

     WHEREAS, certain positions of leadership within the general assembly involve 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, 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

     WHEREAS, the chief justice of the supreme court has historically 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, 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 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; and

     WHEREAS, the general assembly has considered the 1996 Report and Compensation Schedule (Appendix A) of the Missouri Citizens Commission on Compensation for Elected Officials dated November 30, 1996, and decides that the eighty-ninth general assembly shall fund the recommendations of the commission only to the extent as follows;

     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 maximum amount of compensation to be funded by the eighty-ninth general assembly pursuant to the report and schedule of compensation filed by the Missouri citizens commission on compensation for elected officials shall be as follows:

     1. A per diem allowance for members of the general assembly for each day on which the journal of the senate or house of representatives, respectively, shows the presence of the senator or representative, in the amount indexed to the federal standard for Jefferson City, Missouri, promulgated by the Internal Revenue Service of the Department of Treasury;

     2. The base salary for members of the general assembly in the amount as provided for fiscal year 1997;

     3. The differential in pay for the positions in leadership within the general assembly shall be as set by law for fiscal year 1997;

     4. With respect to statewide elected officials, the base salaries provided the governor, lieutenant governor, secretary of state, state treasurer, state auditor and the attorney general in the amounts as provided for fiscal year 1997;

     5. With respect to the judiciary:

     (a) The base salaries for judges of the supreme court, court of appeals, circuit courts and associate circuit divisions of the circuit courts in the amounts as provided for fiscal year 1997;

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

     (c) The chief justice of the supreme court shall receive the additional two thousand five hundred dollars as provided for fiscal year 1997 to such position;

     6. A mileage allowance for affected public officials indexed to the mileage allowance provided to other state employees for travel associated with the performance of their duties;

     BE IT FURTHER RESOLVED that the terms of this resolution are binding on each house of the general assembly adopting this resolution by a majority of its elected members; and that either house after adopting this resolution shall not approve any appropriation pursuant to the report and schedule of compensation in excess of that provided by this resolution; and that in the event that the general assembly approves appropriations in excess of the appropriations necessary to implement the provisions of this resolution, the report and schedule of compensation shall be deemed disapproved as of the date of the adoption of this resolution;

     BE IT FURTHER RESOLVED that the secretary of the senate is instructed to inform 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 McKenna moved that SS for SCR 3 be adopted.

     Senator Mathewson resumed the Chair.

     Senator Scott offered SA 1, which was read:

SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Concurrent Resolution No. 3, Page 5, Section 1, Lines 10-15 of said page, by striking all of said lines and inserting in lieu thereof the following:

     "1. A per diem allowance for members of the general assembly for each day on which the journal of the senate or house of representatives, respectively, shows the presence of the senator or representative, in the amount indexed to eighty percent of the federal standard promulgated by the Internal Revenue Service of the Department of the Treasury, as amended from time to time, but not less than seventy dollars;".

     Senator Scott moved that the above amendment be adopted.

     Senator Klarich offered SSA 1 for SA 1:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

     Amend Senate Substitute for Senate Concurrent Resolution No. 3, Page 5, Section 1, Lines 10-15 of said page, by striking all of said lines and inserting in lieu thereof the following:

     "1. A per diem allowance for members of the general assembly for each day on which the journal of the senate or house of representatives, respectively, shows the presence of the senator or representative, in the amount indexed to eighty percent of the federal standard for Jefferson City, Missouri promulgated by the Internal Revenue Service of the Department of the Treasury, as amended from time to time, but not less than seventy dollars. Any increase in the per diem contained herein shall not become effective until the general assembly enacts lobbyist reform legislation containing restrictions at least equal to those restrictions contained in the Rules of the Senate for the 89th Session of the General Assembly;''.

     Senator Klarich moved that the above substitute amendment be adopted.

     Senator Flotron offered SA 1 to SSA 1 for SA 1, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1

     Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 1 to Senate Substitute for Senate Concurrent Resolution No. 3, Page 1, Line 11, by adding the beginning of the line the following: "both houses of"; and further amend said resolution by striking "reform legislation" and insert in lieu thereof the following "gift rules"; and further amend said resolution, line 12, by adding after the word "in", the following "rule 102 of".

     Senator Flotron moved that the above amendment be adopted.

     Senator Quick requested a roll call vote be taken on the adoption of SA 1 to SSA 1 for SA 1 and was joined in his request by Senators Howard, Klarich, Rohrbach and Russell.

     SA 1 to SSA 1 for SA 1 was adopted by the following vote:
Yeas--Senators
BentleyClayCurlsDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobJohnson
KenneyKinderKlarichLybyer
MathewsonMcKennaQuickRohrbach
RussellSchneiderScottStaples
WestfallWigginsYeckel--27
Nays--Senators
CaskeyChildersMaxwellSingleton--4
Absent--Senators--None
Absent with leave--Senators
BanksMuellerSims--3

     Senator Klarich moved that SSA 1 for SA 1, as amended, be adopted.

     Senator Quick requested a roll call vote be taken on the adoption of SSA 1 for SA 1, as amended, and was joined in his request by Senators Schneider, Scott, Singleton and Staples.

     SSA 1 for SA 1, as amended, was adopted by the following vote:
Yeas--Senators
BentleyClayCurlsDePasco
EhlmannFlotronGoodeGraves
HouseHowardJacobKenney
KinderKlarichMathewsonMcKenna
QuickRohrbachRussellSchneider
ScottStaplesWigginsYeckel--24
Nays--Senators
CaskeyChildersJohnsonLybyer
MaxwellSingletonWestfall--7
Absent--Senators--None
Absent with leave--Senators
BanksMuellerSims--3

     Senator Caskey offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Concurrent Resolution No. 3, Pages 5-6, Lines 26-27 of page 5 and Lines 1 and 2 of Page 6, by striking all of said lines and inserting in lieu thereof the following:

     "(a) The base salaries for judges of the supreme court, court of appeals, circuit courts and the associate circuit divisions of the circuit courts, be increased by twenty-five percent of the increases recommended by the commission for each of fiscal years 1998 and 1999, so that increases be made in the base salaries in the following percentages on the following dates:

     For judges of the supreme court:

          Beginning July 1, 1997     3.4%

          Beginning July 1, 1998     3.3%;

     For judges of the court of appeals:

          Beginning July 1, 1997     3.4%

          Beginning July 1, 1998     3.3%;

     For judges of the circuit courts:

          Beginning July 1, 1997     3.7%

          Beginning July 1, 1998     3.6%;

     For judges of the associate circuit divisions of the circuit courts:

          Beginning July 1, 1997     5.7%

          Beginning July 1, 1998     5.4%;".

     Senator Caskey moved that the above amendment be adopted.

     Senator Staples resumed the Chair.

     Senator Lybyer offered SA 1 to SA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 2

     Amend Senate Amendment No. 2 to Senate Substitute for Senate Concurrent Resolution No. 3, Page 1, Line 5 of said amendment, by inserting immediately after the word "increased" the words ", subject to appropriation,".

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

     Senator Mathewson resumed the Chair.

     SA 2, as amended, was again taken up.

     At the request of Senator Lybyer, the motion to adopt SCR 3 was withdrawn, placing SCR 3, with SS for SCR 3 and SA 2, as amended, back on the Informal Calendar.

INTRODUCTION OF BILLS

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

     SB 287--By House.

     An Act to amend chapter 173, RSMo, by adding thereto one new section relating to the challenge scholarship program for higher education, with penalty provisions.

     SB 288--By Rohrbach.

     An Act to repeal section 304.050, RSMo 1994, relating to loading and unloading of school buses on certain highways, and to enact in lieu thereof one new section relating to the same subject.

     SB 289--By Goode.

     An Act to amend chapter 386, RSMo, by adding one new section relating to the metropolitan sewer district.

RESOLUTIONS

     Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 61

     WHEREAS, it is with genuine sadness that the members of the Missouri Senate pause to pay their final respects to an exceptionally dedicated leader in this state whose life had been characterized by his unparalleled record of service to his fellow citizens; and

     WHEREAS, retired Kansas City Police Lieutenant Colonel C. Don Bishop passed to his eternal reward on January 19, 1997, leaving many loving family members, friends, and fellow officers to mourn his passing; and

     WHEREAS, a lifelong Kansas City area resident, Don Bishop distinguished himself through his valiant service to our country as a soldier in the United States Army during World War II, and he continued his illustrious record of military service as a member in the U.S. Army Reserves for twenty-nine years, retiring with the rank of Lieutenant Colonel; and

     WHEREAS, Don Bishop had maintained a longtime commitment to the welfare of his fellow citizens, one that was clearly evident in his thirty years of service with the Kansas City Police Department from 1939 to 1969, during which time he aptly demonstrated his leadership ability while advancing through all the ranks within the Department and fulfilling the duties of such important positions as Commander of the Detective Division, Uniformed Forces, and Director of Public Information and Human Relations; and

     WHEREAS, a valued member of the Association of Retired Police Employees, the Retired Officers Association, and the International Association of Chiefs of Police, Lieutenant Colonel Bishop made many important contributions to improve the quality of life in his community not only as a professional, but also as a charter member of the VFW Police Memorial Post 9762 and the Richards-Gebaur Air Base Community Council; member of the Salvation Army Bellringer Advisory Council and the St. Joseph Hospital-Health Center Advisory Council; Committee Chairman for the Westerners District of the Kansas City Area Council, Boy Scouts of America; charter member of St. Thomas More Catholic Church; member of the Bishop Hogan Council and the 4th Degree Knights of Columbus; longtime member of the Greater Kansas City Area Safety Council, where he served as Chairman of the Executive Committee; and as a member of numerous other civic organizations:

     NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, hereby extend our most heartfelt condolences to his wife of fifty-three years, Nora E. Bishop; to his children, Richard, David, and Diane; and to his six grandchildren and three great-grandchildren at this most difficult period of sorrow and loss;

     BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Mrs. Nora E. Bishop.

     Senator Bentley offered Senate Resolution No. 62, regarding the One Hundred Seventh Birthday of Mrs. Edith C. Finley, Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 63, regarding J. D. Dickinson Compressor, Springfield, which was adopted.

     Senator Bentley offered Senate Resolution No. 64, regarding Gold Minds, Inc., Springfield, which was adopted.

     Senator Goode offered Senate Resolution No. 65, regarding Patricia "Pat" Mehegan, which was adopted.

REPORTS OF STANDING COMMITTEES

     Senator McKenna, Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

     Mr. President: Your Committee on Gubernatorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

     Victoria L. Noteis, as a member of the Missouri Board for Architects, Professional Engineers, and Land Surveyors;

     Also,

     Elaine F. Speilbusch, as a member of the Missouri Ethics Commission;

     Also,

     Mark E. Terry and Diana G. Fendya, as members of the State Advisory Council on Emergency Medical Services;

     Also,

     Patti A. Penny, Chairman, and Orland L. Ellisas, as members of the Missouri Training and Employment Council;

     Also,

     Earl Wilson, Jr. and Jeanie Geneva M. Moore, as members of the Lincoln University Board of Curators;

     Also,

     J. Darlene Lee, as a member and John H. Teale, D.C., as public member of the State Board of Cosmetology;

     Also,

     Patricia Lou Ellen Shell and Thomas M. Butler, as public members of State Board of Geologists Registration;

     Also,

     Carolyn A. Hulbert, as a member of the Personnel Advisory Board;

     Also,

     Barbara B. Smith, as a member of the Child Abuse and Neglect Review Board;

     Also,

     William L. Farr, Jr., as a member of the Missouri Fire Education Trust Fund Board of Trustees;

     Also,

     Nell M. Pollnow and Rose C. Brower, as members of the Missouri Health Facilities Review Committee;

     Also,

     Shirley M. Horacek, as a member of the Board of Examiners for Hearing Instrument Specialists;

     Also,

     Nellie S. Clemens and Keith I. Bodenhausen, as members of the Agricultural and Small Business Development Authority;

     Also,

     Donald L. Gann, as a member of the Missouri Head Injury Advisory Council;

     Also,

     Jane B. Klieve, as a member of the Missouri Women's Council;

     Also,

     Lester M. Evans, as a member of the State Milk Board;

     Also,

     Rosemarie Fischer, as a public member of the State Committee for Professional Counselors;

     Also,

     Katherine A. Frazier, as a member of the Advisory Council on Emergency Medical Services.

     Senator McKenna requested unanimous consent of the Senate to vote on the above reports in one motion. There being no objection, the request was granted.

     Senator McKenna moved that the committee reports be adopted, and the Senate do give its advice and consent to the above appointments and reappointments, which motion prevailed.

INTRODUCTIONS OF GUESTS

     Senator Lybyer introduced to the Senate, the Physician of the Day, Dr. James Shaw, M.D., Hermann.

     Senator Howard introduced to the Senate, David Madison and Sherrie Straube, Caruthersville.

     On motion of Senator Quick, the Senate adjourned until 4:00 p.m., Monday, January 27, 1997.