Journal of the Senate

EIGHTY-NINTH GENERAL ASSEMBLY

OF THE

STATE OF MISSOURI

SECOND REGULAR SESSION


VETO SESSION


FIRST DAY--WEDNESDAY, SEPTEMBER 16, 1998

The Senate was called to order in Veto Session by President Wilson.

The Reverend G. Dale Norfolk offered the following prayer:

Our Father in Heaven, more than ever what happens around the world and across our nation affects us where we live. The reverse must also be true. If what we do and say affects others, make us a blessing. Use us to build up and not tear down, for good and not evil, to help and not hinder. Make us an example of what is right with our state and nation. In Jesus Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

Senator Quick announced that photographers from the Associated Press, KMIZ-TV and the Senate had been given permission to take pictures in the Senate Chamber today.

The following Senators were present during the day's proceedings:

Present--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Schneider Sims Singleton
Staples Westfall Wiggins Yeckel--32
Absent with leave--Senator Scott--1
Vacancies--1
The Lieutenant Governor was present.


COMMUNICATIONS FROM THE GOVERNOR

The following communications, regarding vetoed Senate bills, were received by the Secretary of State, reading of which was waived:



OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

July 10, 1998

TO THE SECRETARY OF STATE OF THE STATE OF MISSOURI

Herewith I return to you Senate Committee Substitute for Senate Bill 604 entitled:

"AN ACT"

To repeal sections 142.230 and 142.584, RSMo 1994, relating to motor fuel tax refunds, and to enact in lieu thereof two new sections relating to the same subject.

I disapprove of Senate Committee Substitute for Senate Bill 604. My reasons for disapproval are as follows:

Senate Committee Substitute for Senate Bill 604 was approved by the General Assembly very early in the legislative session and greatly simplifies the fuel tax refund process. Later in the legislative session, the General Assembly passed Senate Bill 619 which accomplishes the same improvement regarding fuel tax refunds in addition to several other significant provisions.

Language in Senate Committee Substitute for Senate Bill 604 is in conflict with Senate Bill 619. Therefore, to eliminate any confusion in the statutory interpretation of these bills, I am vetoing Senate Committee Substitute for Senate Bill 604.

For the above stated reasons for disapproval, I am returning Senate Committee Substitute for Senate Bill 604 without my approval.

Respectfully submitted,

/s/Mel Carnahan



Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

July 10, 1998

TO THE SECRETARY OF STATE OF THE STATE OF MISSOURI

Herewith I return to you Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 614, 696, 906, 530, 912 and 914 entitled:

"AN ACT"

To repeal sections 57.130, 138.430, 196.790, 211.031, 211.331, 426.220, 426.230, 441.500, 441.510, 441.530, 441.550, 441.570, 441.580, 441.590, 441.610, 441.620, 441.630, 441.640, 441.641, 451.100, 476.682, 477.087, 478.265, 478.266, 478.267, 487.090, 491.060, 528.620, 534.070, 534.350, 534.360 and 535.110, RSMo 1994, and sections 56.765, 57.280, 57.290, 82.1025, 105.464, 211.447, 441.520, 478.464, 479.500, 487.020, 487.030, 488.012, 488.015, 506.363, 506.369, 506.372, 506.375, 506.390, 514.040, 534.090, 534.380 and 535.030, RSMo Supp. 1997, and to enact in lieu thereof fifty-eight new sections relating to the judiciary, with an expiration date for a certain section.

I disapprove of Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 614, 696, 906, 530, 912 and 914. My reasons for disapproval are as follows:

The bill creates an office of Commissioner of the Probate Division and Family Court Division of the Twenty-Third judicial circuit. In addition the bill adds section 478.242 which provides that the "presiding judge of any circuit may assign any probate, juvenile, family court, drug court, or traffic court commissioner, or any other commissioner or deputy commissioner of any division of the circuit court to hear..."any case.

It further provides that "all commissioners and deputy commissioners who receive for the state pursuant to law the full amount of salary provided for any judge by article V of the constitution shall also be entitled to all other compensation, both current and deferred, and benefits provided by law for such judges."

This state has seen a proliferation of the creation of "commissioners". They have been created to relieve the circuit courts of the heavy caseload in specific areas of the state. This bill now makes it clear that these commissioners have the power of a judge, as well as the pay and other compensation of a judge. However, they are not selected like judges. Pursuant to Article V of the Missouri Constitution, judges are either elected by the people or nominated and appointed pursuant to the non-partisan court plan known around the country as the "Missouri plan". Our state has been complimented and imitated in the way it selects our judges. Under this bill, however, commissioners are appointed by the presiding judge after a majority vote of the court en banc.

In keeping with our existing judicial system, these commissioner positions should be converted into Article V judicial positions and selected as circuit and associate circuit judges are selected in their circuits.

For all of the above stated reasons for disapproval, I am returning without my approval, Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 614, 696, 906, 530, 912 and 914.

Respectfully submitted,

/s/Mel Carnahan

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

July 10, 1998

TO THE SECRETARY OF STATE OF THE STATE OF MISSOURI

Herewith I return to you House Substitute for House Committee Substitute for Senate Bill No. 629 entitled:

"AN ACT"

To repeal section 141.750, RSMo 1994 and sections 1, 2 and 3 as they appear in senate committee substitute for house substitute for house committee substitute for house bill no. 1636 as truly agreed and finally passed by the second general session of the eighty-ninth general assembly and section 50.150 as it appears in senate committee substitute for house bill no. 1734, as truly agreed and finally passed in the second regular session of the eighty-ninth general assembly, relating to community improvement, and to enact in lieu thereof twenty-four new sections relating to the same subject.

I disapprove of House Substitute for House Committee Substitute for Senate Bill No. 629. My reasons for disapproval are as follows:

It would attempt to repeal Sections 1, 2 and 3 of Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill 1636 and violate Article III, Section 28 of the Missouri Constitution in the process for failing to state fully those sections intended to be repealed. Such an error will certainly lead to litigation and place both bills at risk.

For all the above stated reasons for disapproval, I am returning House Substitute for House Committee Substitute for Senate Bill No. 629 without my approval.



Respectfully submitted,

/s/Mel Carnahan

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

July 10, 1998

TO THE SECRETARY OF STATE OF THE STATE OF MISSOURI

Herewith I return to you House Committee Substitute for Senate Bill No. 841 entitled:

"AN ACT"

To repeal sections 50.1000, 50.1040, 50.1090, 50.1100 and 50.1140, RSMo 1994, and section 50.1110, RSMo Supp. 1997, relating to certain retirement systems, and to enact in lieu thereof eight new sections relating to the same subject.

I disapprove of House Committee Substitute for Senate Bill No. 841. My reasons for disapproval are as follows:

Section 104.348 and 104.351 create the possibility of future equal protection litigation which could prove to be very costly to the State of Missouri.

For all of the above stated reasons for disapproval, I am returning House Committee Substitute for Senate Bill No. 841 without my approval.

Respectfully submitted,

/s/Mel Carnahan

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

July 10, 1998

TO THE SECRETARY OF STATE OF THE STATE OF MISSOURI

Herewith I return to you House Committee Substitute for Senate Bill No. 970 entitled:

"AN ACT"

Relating to the Missouri agricultural and small business development authority.

I disapprove of House Committee Substitute for Senate Bill 970. My reasons for disapproval are as follows:

Language in House Committee Substitute for Senate Bill 970 will directly conflict with House Bill 950 which I am signing into law. In order to avoid confusion in the statutory interpretation of this section, I am vetoing House Committee Substitute for Senate Bill No. 970.

For all the above stated reasons for disapproval, I am returning House Committee Substitute for Senate Bill No. 970 without my approval.

Respectfully submitted,

/s/Mel Carnahan



RESOLUTIONS

Senator Quick offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 1

BE IT RESOLVED by the Senate that the Secretary of the Senate inform the House of Representatives that the Senate is duly convened and is now in session as provided by Section 32, Article III of the Constitution and is ready for the consideration of its business.

Senator Quick offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 2

BE IT RESOLVED by the Senate that the rules of the Senate, as adopted by the Eighty-ninth General Assembly, Second Regular Session, be declared to be the rules of the Veto Session of the Eighty-ninth General Assembly.

Senator Quick moved that the Senate proceed to the order of business, vetoed bills, and that the calendar be called, which motion prevailed.

SCS for SB 604 was called thereafter and no action was taken thereon.

CCS for HS for HCS for SCS for SBs 614, 696, 906, 530, 912 and 914 was called thereafter and no action was taken thereon.

HS for HCS for SB 629 was called thereafter and no action was taken thereon.

HCS for SB 841 was called thereafter and no action was taken thereon.

HCS for SB 970 was called thereafter and no action was taken thereon.

RESOLUTIONS

Senator Schneider, joined by the entire membership of the Senate, offered the following resolution, which was read:

SENATE RESOLUTION NO. 3

WHEREAS, the members of the Missouri Senate always welcome the opportunity to recognize those outstanding professional athletes whose unique achievements have brought honor, glory, and distinction to the Show-Me State; and

WHEREAS, Mark McGwire of the St. Louis Cardinals major league baseball team recently established a new record for the most home runs ever hit in a single season; and

WHEREAS, on his steady march toward the new home run record, Mark McGwire set numerous new benchmarks along the way that included becoming the first Cardinal to hit three home runs in a game at Busch Stadium, setting the team's single-season record for home runs hit at home as well as on the road, distinguishing himself as the first major league player to have three consecutive fifty-homer seasons, and becoming the fastest player to achieve sixty home runs in a season by doing so in only his 142nd team game and 439th at-bat; and

WHEREAS, a former Little League player coached by his dad, Mark McGwire went on to enjoy success as a high school baseball star who was drafted by the Montreal Expos as a pitcher, but who accepted a scholarship to the University of Southern California instead and who played on the 1984 U.S. Olympic team before joining the Oakland Athletics as a first-round, tenth-overall free-agent draft pick; and

WHEREAS, after a rookie-year record forty-nine homers set in 1987, Mark McGwire was traded to the St. Louis Cardinals in exchange for three pitchers right before the 1997 mid-season trading deadline, whereupon he used the twenty-four home runs hit during his two months with the Cardinals and Coach La Russa to bring his season total up to fifty-eight; and

WHEREAS, a red-headed and goateed Mark McGwire surpassed the Roger Maris home run record on September 8, 1998, at 8:18 p.m. before 49,987 fans with a 341-foot blast that cleared the wall at Busch Stadium by only two feet, and during his run around the bases he characteristically greeted, hugged, and rejoiced with his teammates and with the Cubs, held his bat-boy son aloft for the crowds to see, and embraced members of the Maris family:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, unanimously join to congratulate Mark McGwire for setting a new home run record before a hometown crowd that saw the Cardinals gain a 6-3 victory over the Chicago Cubs and to commend him for the professional and sportsmanlike conduct with which he accomplished this very notable and impressive goal; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for St. Louis Cardinal first baseman Mark McGwire, as a measure of our deepest respect for him.

Senator Schneider moved that the above resolution be adopted and requested that the Lieutenant Governor be allowed to be shown as a sponsor on the resolution, which motion prevailed.

Senator Maxwell offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 4

WHEREAS, the members of the Missouri Senate always welcome the opportunity to acknowledge significant historical milestones attained by this state's many colleges and universities; and

WHEREAS, Hannibal-LaGrange College is observing One Hundred Forty years of operation, the first seventy of which were spent at the campus located in LaGrange and the last seventy at the campus in Hannibal; and

WHEREAS, fully accredited by the prestigious North Central Association of Colleges and Schools, Hannibal-LaGrange College is a four-year liberal arts institution affiliated with the Missouri Baptist Convention and dedicated to providing a sound education in a character-building atmosphere; and

WHEREAS, founded in 1858 by the Wyaconda Baptist Association as the LaGrange Male and Female Seminary, the school later shortened its name to LaGrange College and underwent a difficult period of occupation by Civil War troops before the first seven students could receive their degrees in 1870; and

WHEREAS, in 1917 LaGrange College presented the first state certificates to students completing the Teachers Training Course and ranked fifth in the state that year and first the next year for the number of certificates issued; and

WHEREAS, the years 1927 and 1928 saw great debate over the merits of moving the college to Hannibal, and after a year of building, the newly-established Hannibal-LaGrange College opened in 1929 with an enrollment of 222 students; and

WHEREAS, World War II found the College prospering thanks to a Civilian Pilot Training Program for the Army and training for U.S. Navy Cadets, but after a series of missteps, the College was threatened with closing in 1973 until school personnel and area residents reacted by raising funds necessary to restore Hannibal-LaGrange as a separate and financially-sound institution:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, unanimously join to congratulate Hannibal-LaGrange College for its 140 years of exceptional educational service and to commend the school as it continues to expand and diversify to meet the needs of the future; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Hannibal-LaGrange College as it commemorates 140 years as an outstanding liberal arts educational institution.

Senator Quick offered the following resolution, which was read and adopted:

SENATE RESOLUTION NO. 5

BE IT RESOLVED by the Senate that the Secretary of Senate inform the House of Representatives that the Senate, having been duly convened as provided by Section 32, Article III of the Constitution, made no motion to override the Governor's vetoes of Senate Committee Substitute for Senate Bill No. 604; Conference Committee Substitute for House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bills Nos. 614, 696, 906, 530, 912 and 914; House Substitute for House Committee Substitute for Senate Bill No. 629; House Committee Substitute for Senate Bill No. 841 and House Committee Substitute for Senate Bill No. 970 when the bills were so called by the President.

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 offered into and adopted HR 1.

HOUSE RESOLUTION NO. 1

BE IT RESOLVED, that the Chief Clerk of the House of Representatives inform the Governor and the Senate that the House is duly convened and is now in session in the 1998 Constitutional Veto Session and ready for consideration of business.



INTRODUCTIONS OF GUESTS

Senator McKenna introduced to the Senate, former State Senators Irene Treppler, St. Louis County; Larry Marshall, Columbia; Glen Klippenstein, Maysville; Phil Snowden, Gladstone; Henry Panethiere, Kansas City; Margaret Rennau, Lee's Summit; Jack Gant, Buckner; Joe Moseley, Columbia and Dr. James A. Noland, Osage Beach.

Senator McKenna introduced to the Senate, former Lieutenant Governor William C. Phelps, Kansas City.

Senator Lybyer introduced to the Senate, former State Representative Al Nilges, Lake Ozark.

Senator Maxwell introduced to the Senate, Ed Smith and Jim Henson, St. Louis; and Pat Stevens.

Senator Staples introduced to the Senate, Mark Jones, Richard Furniss, Norman Crocker, Ben Wharton, Gary Griffin, Mel Banks, Fred Wolf, Gary Elliott, Anthony Sams and Steve Whelan.

Senator Sims introduced to the Senate, Deidre Noonan and Colleen O'Malley, St. Louis County.

Senator Lybyer introduced to the Senate, former State Representative Earl Sponsler, Texas County.

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