Journal of the Senate

SECOND REGULAR SESSION


SECOND DAY--THURSDAY, JANUARY 8, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, bless our efforts on behalf of the people. Help us to be examples of what is good and right about our nation and State. Use us to restore faith in our way of life and to give hope to those who see only the bad in what we do. Lift us to high standards and the will to live up to them. Amen.

President Wilson assumed the Chair.

The Pledge of Allegiance to the Flag was recited.

President Pro Tem McKenna assumed the Chair.

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
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--Senators
Curls Scott--2
The Lieutenant Governor was present.

RESOLUTIONS

Senator Singleton offered Senate Resolution No. 963, regarding Eagle-Picher Industries Inc., Joplin, which was adopted.

Senator Singleton offered Senate Resolution No. 964, regarding Dr. Betsy Griffin, which was adopted.

On behalf of Senator Curls, Senator Quick offered Senate Resolution No. 965, regarding the Zion Grove Missionary Baptist Church, Kansas City, which was adopted.

Senator Howard offered Senate Resolution No. 966, regarding Dennis M. Priest, Poplar Bluff, which was adopted.

Senators Jacob and McKenna offered Senate Resolution No. 967, regarding Mr. J. O. Harris, Columbia, which was adopted.

Senator Wiggins offered Senate Resolution No. 968, regarding the Sixtieth Wedding Anniversary of Fred and Juanita Werner, Kansas City, which was adopted.

Senator Quick offered the following resolution:

SENATE RESOLUTION NO. 969

WHEREAS, the Administration Committee is required by law to establish the rates of pay each year; and

WHEREAS, such rates of pay are to be the same as those established under the policies of the Personnel Division of the Office of Administration for comparable duties after examination of the rates of pay then in effect; and

WHEREAS, the rates of pay established shall become effective in January.

NOW, THEREFORE, BE IT RESOLVED by the Committee on Administration that the number, classification and rates of pay authorized for employees of the Senate shall include one department director, two deputy department directors, and six division level directors to be compensated according to Office of Administration guidelines for compensation of division directors; and the following authorized employees at rates of pay within the ranges hereby established:
MONTHLY
NO. CLASSIFICATION SALARY RANGE
6 Staff Attorney II 2,520 - 4,094
1 Research Analyst II 2,520 - 4,094
2 Research Analyst III 3,201 - 5,105
1 Investigator 2,421 - 3,834
7 Research Staff Secretary 1,843 - 2,625
5 Budget Research Analyst II 2,520 - 4,094
4 Assistant Secretary of Senate 2,148 - 3,369
5.5 Enrolling & Engrossing Clerk 1,774 - 2,625
0.5 Billroom Supervisor 1,774 - 2,625
2 Billroom Clerk 1,250 - 1,638
3 Public Information Specialist I 1,774 - 2,625
2 Public Information Specialist II 1,911 - 2,908
3 Administrative Assistant 1,500 - 5,159
2 Executive Assistant 1,500 - 5,045
1 Telecommunications Coordinator 2,234 - 3,516
3 Accountant 1,774 - 2,625
7 Administrative Secretary 1,500 - 3,345
8 Clerical Assistant 1,500 - 2,723
1 Messenger 1,388 - 1,872
1 Data Control Coordinator 1,988 - 3,034
3 Programmer III 2,421 - 3,834
1 Systems Programmer II 2,625 - 4,276
1 Computer Specialist 2,421 - 3,834
3 Computer Operator III 1,988 - 3,034
4 Data Entry Operator III 1,537 - 2,193
1 Graphics Supervisor 1,843 - 2,908
3 Composing Equipment Operator III 1,711 - 2,520
1 Mailroom Supervisor 1,774 - 2,625
2 Duplicating Equipment Operator I 1,341 - 1,801
2 Duplicating Equipment Operator II 1,492 - 2,056
2 Duplicating Equipment Operator III 1,649 - 2,374
1 Duplicating Equipment Operator IV 1,774 - 2,625
1 Photographer 1,400 - 3,164
0.25 Physical Plant Supervisor 1,830 - 3,579
1 Maintenance Supervisor 1,843 - 2,793
1 Carpenter II 1,711 - 2,520
6.5 Custodian II 950 - 1,638
2 Custodian III 1,439 - 1,980
1 Sergeant-at-Arms (elected) 1,988 - 3,034
0.5 Doorkeeper (elected) 1,000 - 2,087
3 Assistant Doorkeeper 800 - 1,470
0.5 Reading Clerk 750 - 1,612
0.5 Chaplain (elected) 500 - 890
3 Security Guard 1,388 - 1,872

BE IT FURTHER RESOLVED that the Senate Administration Committee is authorized to establish a formula setting forth the maximum amount which may be expended by each Senator for the employment of Administrative and Clerical Assistants. Each Senator will be notified of the funds available, and shall thereafter certify to the Senate Administrator the names and addresses of Administrative and Clerical Assistants. The compensation paid to the Senators' administrative and clerical assistants shall be within the limits of the categories set forth hereinabove.

BE IT FURTHER RESOLVED that the Senate Administrator, with the approval of the Senate Administration Committee, shall have the authority to cooperate and coordinate with the House Administrator in the selection of employees, who shall be assigned to the garage, Joint Committee Staffs and the rotunda area, and who will be paid from the Joint House and Senate Contingent Fund, within the limits of the categories set out above.

BE IT FURTHER RESOLVED that the Committee on Administration has the authority to reduce, combine or consolidate positions and salaries where necessary to meet changed conditions or circumstances which arise, and may enter into contracts with consultants, provided such consultant's contract fee does not exceed the salary for the comparable position, and such consultant shall count as an employee of the Senate.

BE IT FURTHER RESOLVED that the Senate Administration Committee is authorized to adjust the foregoing pay ranges in July to reflect implementation of the state pay plan for FY 1999.

CONCURRENT RESOLUTIONS

Senators Mathewson, Singleton, Howard, McKenna, Westfall, Johnson, Maxwell, Caskey, Graves, Staples, Russell, Quick, Ehlmann, Lybyer, Childers, Jacob, Goode, Wiggins, Scott and Rohrbach offered the following concurrent resolution, which was referred to the Committee on Rules, Joint Rules and Resolutions:

SENATE CONCURRENT RESOLUTION NO. 30

WHEREAS, rural telecommunications customers have lesser toll-free calling scopes than do urban customers, and rural customers pay more on average in toll bills than do urban customers; and

WHEREAS, Community Optional Service (COS) was created to afford rural customers with toll-free calling scopes to lessen this disparity; and

WHEREAS, COS is of vital importance to rural customers, both in petitioning and target COS exchanges, which allows customers to reach friends, relatives, children, grandchildren, schools, medical providers, churches, and businesses on a toll-free basis; and

WHEREAS, in recent legislation enacted by the General Assembly, the intent was to foster competition as a substitute for regulation, where and when competition exists, and for the benefit of consumers in increased variety of service offerings, increased quality of service, and at lower prices. The legislation specifically retained the goals of universal service and parity of service between rural and urban areas. It was the intent of this legislation that rural customers not be harmed by increased competition; and

WHEREAS, recently the Public Service Commission (PSC) of the State of Missouri announced its decision to terminate COS by March 31, 1998; and

WHEREAS, the PSC failed to notify and give users of COS the opportunity to participate in this decision. The elimination of COS will be detrimental to rural customers and communities; and

WHEREAS, meaningful competition, and in some cases adequate facilities upon which increased competition can even be provided, is not yet present in the rural areas where COS is available, and is not expected to be available by March 31, 1998; and

WHEREAS, the PSC failed to protect rural customers by delaying the elimination of COS until it can be replaced by comparable or adequate substitutes for this vital service:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate of the Eighty-ninth General Assembly, the House of Representatives concurring therein, hereby direct the PSC to do the following:

1. Vacate the decision to eliminate COS by March 31, 1998.

2. Reopen the consideration of the decision as to whether to modify or eliminate COS.

3. Notify all affected members of the public, their local and state elected officials, and newspapers of general circulation, that the decision is being reconsidered, and announce local public hearings.

President Pro Tem McKenna referred SCR 27, SCR 28 and SCR 29 to the Committee on Rules, Joint Rules and Resolutions.

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

On motion of Senator Quick, HCR 1 was adopted by the following vote:
YEAS--Senators
Banks Bentley Childers Clay
Ehlmann Flotron Goode Graves
Johnson Kenney Kinder Klarich
Mathewson Maxwell McKenna Mueller
Rohrbach Russell Sims Singleton
Staples Westfall Wiggins Yeckel--24
NAYS--Senators
Caskey DePasco Howard Jacob
Lybyer Quick--6
Absent--Senators
House Schneider--2
Absent with leave--Senators
Curls Scott--2



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

On motion of Senator Quick, HCR 2 was adopted by the following vote:
YEAS--Senators
Banks Bentley Childers Clay
DePasco Ehlmann Flotron Goode
Graves Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Sims Singleton
Staples Westfall Wiggins Yeckel--28
NAYS--Senators
Caskey Howard--2
Absent--Senators
House Schneider--2
Absent with leave--Senators
Curls Scott--2



RESOLUTIONS

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

SENATE RESOLUTION NO. 970

WHEREAS, it is always a moment of great pride when the members of the Missouri Senate pause to recognize an individual whose tireless commitment to duty has contributed significantly to the overall effectiveness of this august legislative body; and

WHEREAS, Kyle Rex Adams of Jefferson City closed the door on his career with the Missouri Senate when he retired at the end of 1997 -- a situation that can best be described as an open-and-shut case; and

WHEREAS, Rex Adams began employment as a Doorkeeper for the Senate in 1986 and assumed the responsibilities of Head Doorkeeper in 1991, in which prestigious capacity he prudently used his head to courteously welcome or dismiss visitors who headed for the doors to the Chamber; and

WHEREAS, during his seven-year reign as "King of Doors", Rex Adams provided outstanding leadership and earned a reputation as a dedicated employee who served with honor, loyalty, and distinction; and

WHEREAS, Rex Adams endeared himself to countless individuals over the years through his sense of humor by singing to the Chamber staff prior to the beginning of the session, by organizing pools speculating on when the Senate would adjourn, and by refusing to wear his hearing aids for fear that he might hear "a little too well"; and

WHEREAS, Rex Adams developed a considerable degree of expertise on the history of the Senate Chamber and the entire Capitol, and enthusiastically imparted that knowledge to numerous school groups and other guests who had occasion to visit this historic statehouse; and

WHEREAS, Rex Adams will be missed at the Capitol this session and in years to come when the Senators sadly realize that their source of candy which had always been stashed in his desk drawer has been finally depleted; and

WHEREAS, Rex Adams came to the Senate with a wealth of experience gained teaching history and coaching basketball at Jefferson City Junior College, which honored him by closing its doors in 1958, and serving as Assistant Principal at Jefferson City High School, where he justifiably earned the nickname "Sexy Rexie":

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, join unanimously in expressing appreciation to Rex Adams for his faithful service and in wishing him a pleasant retirement spending time with his wife and children; visiting his Gerbes Coffee Club cronies; watching the Missouri Tigers and other sports events on television when he can manage to stay awake; and opening any other new doors that might suit his fancy like improving his golf game; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Rex Adams.

Senator McKenna requested unanimous consent of the Senate that the rules be suspended and that Rex Adams be allowed to address the members of the Senate, which request was granted.

Mr. Rex Adams assumed the dais and addressed the membership.

President Pro Tem McKenna resumed the Chair.

INTRODUCTION OF BILLS

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

SB 675-By Johnson.

An Act to repeal section 135.030, RSMo 1994, and section 135.010, RSMo Supp. 1997, relating to circuit breaker tax relief, and to enact in lieu thereof two new sections relating to the same subject.

SB 676-By Johnson.

An Act to amend chapter 67, RSMo, by adding thereto one new section relating to local government.

SB 677-By Westfall.

An Act to repeal section 164.013, RSMo 1994, relating to reduction of school operating levies, and to enact in lieu thereof one new section relating to the same subject.

SB 678-By Westfall.

An Act to repeal section 301.380, RSMo 1994, and to enact in lieu thereof two new sections relating to homemade trailers.

SB 679-By Clay, Wiggins, Rohrbach and Jacob.

An Act to repeal section 105.927, RSMo 1994, relating to certain compensation programs for state employees, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

SB 680-By Wiggins and Klarich.

An Act to amend chapter 351, RSMo, relating to corporations by adding thereto one new section relating to the merger of a domestic corporation with a direct or indirect wholly owned subsidiary without an election of shareholders.

SB 681-By Ehlmann.

An Act to repeal sections 33.752, 33.756, 67.653, 70.379, 92.418, 92.421, 166.203, 226.900, 226.905, 226.907, 226.910, 238.305, 313.270, 620.605 and 643.310, RSMo 1994, and section 33.753, RSMo Supp. 1997, and to enact in lieu thereof ten new sections relating to racial preferences by state and local governments.



INTRODUCTIONS OF GUESTS

Senator Wiggins introduced to the Senate, Ryan Knotts, Jessica Stolz and Brent Collins, Kansas City.

Senator Mueller introduced to the Senate, Ken Norton and Glen Farthing, St. Louis County.

Senator Clay introduced to the Senate, Alderman Steve Conway, St. Louis; and Sue Riddler, St. Charles.

Senator Singleton introduced to the Senate, Mayor James Carroll, and his sons, Anthony and Ryan, Noel.

On motion of Senator Quick, the Senate adjourned until 4:00 p.m., Monday, January 12, 1998.