SENATE JOURNAL - FIFTY-FOURTH DAY--THURSDAY, APRIL 11, 1996

Journal of the Senate

SECOND REGULAR SESSION

FIFTY-FOURTH DAY--THURSDAY, APRIL 11, 1996

The Senate met pursuant to adjournment.

President Pro Tem Mathewson in the Chair.

The Chaplain offered the following prayer:

Heavenly Father, in the New Testament it says, "Be ye doers of the word and not hearers only." We pray for the faith and courage to practice what we preach, to stand by the promises we make, to live by what we believe. We are thankful for Your guidance and help in all things. 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
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Johnson Kenney Klarich Lybyer
Mathewson Maxwell McKenna Melton
Mueller Quick Rohrbach Russell
Schneider Sims Singleton Staples
Treppler Westfall Wiggins--31

Absent with leave--Senators
Kinder Moseley Scott--3

The Lieutenant Governor was present.

Senators Wiggins, DePasco, Caskey, Curls and Quick offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 1174

WHEREAS, the Members of the Missouri Senate have been deeply saddened to learn of the death of Reverend Truman E. Dollar, formerly of Kansas City and Raytown; and

WHEREAS, Reverend Dollar was a long time distinguished clergyman in the Kansas City area before moving to become the Pastor of Temple Baptist Church, Detroit, Michigan, and Calvary Church of Grand Rapids, Michigan; and

WHEREAS, Reverend Dollar was for many years Pastor of the Kansas City Baptist Temple, and was one of the most famous and renowned Pastors in Missouri; and

WHEREAS, Reverend Dollar as part of his ministry, conducted radio talk shows for a time, and had a widely acclaimed one hour television program; and

WHEREAS, Reverend Dollar was a spellbinding orator of epic and memorable proportions and had brought his ringing dynamic oratory on more than one occasion to the dais of the Missouri Senate; and

WHEREAS, Reverend Dollar was famed for his "Friends Day" at Kansas City Baptist Temple to which public officials of all political and religious faiths flocked to worship together and with him and to be introduced from his pulpit to over 3000 people at the Sunday worship service; and

WHEREAS, Reverend Dollar was a wonderful gracious man who loved people who in turn loved him and was truly a friend of every person in Missouri Government; and

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate pause in their deliberations to salute the memory of Reverend Truman E. Dollar, internationally known Baptist Pastor, Preacher, and Clergyman, express their appreciation for his lifetime of good citizenship, and his friendship to the Missouri Senate and extend to his wife Mrs. Donna Dollar, his sons and daughters, and his uncountable friends and admirers most sincere sympathy on his death;

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for his wife, Mrs. Donna Dollar, his sons, Tim and Devin Dollar, his daughters, Kelly Hughes and Sonya Dollar and his mother, Mrs. Bernice Dollar.

Senator Wiggins assumed the Chair.

BILL REFERRALS

President Pro Tem Mathewson referred SB 757 to the Committee on State Budget Control.

REPORTS OF STANDING COMMITTEES

Senator Mathewson, 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:

Dorothy B. McGuffin, LPC, NCC, as a member of the Missouri State Committee for Professional Counselors;

Also,

Teri Loney, as a member of the State Committee of Marital and Family Therapists;

Also,

Patricia Ann Flood, as a member of the Missouri Ethics Commission;

Also,

Michael F. Shanahan, Jr., as a member of the St. Louis Regional Convention and Sports Complex Authority;

Also,

Roger L. Pryor, as a member of the St. Charles County Convention and Sports Complex Authority;

Also,

William L. Treece, as a member of the Missouri Training and Employment Council.

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

Senator Mathewson 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.

Senator Banks, Chairman of the Committee on Rules, Joint Rules and Resolutions, submitted the following report:

Mr. President: Your Committee on Rules, Joint Rules and Resolutions, to which was referred SCR 26, begs leave to report that it has considered the same and recommends that the concurrent resolution do pass.

PRIVILEGED MOTIONS

Having voted on the prevailing side, Senator Bentley moved that the vote by which SS for SCS for SBs 638 and 753 failed on 3rd reading and final passage be reconsidered, which motion prevailed by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Goode Graves
House Howard Johnson Klarich
Lybyer Mathewson Maxwell McKenna
Melton Mueller Quick Russell
Sims Treppler Westfall Wiggins--24

Nays--Senators
Ehlmann Flotron Kenney Rohrbach
Schneider Staples--6

Absent--Senator Singleton--1

Absent with leave--Senators
Kinder Moseley Scott--3

SS for SCS for SBs 638 and 753 failed to receive a constitutional majority by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls Ehlmann Graves House
Johnson Klarich Mathewson Maxwell
McKenna Mueller Russell Sims
Treppler--17

Nays--Senators
DePasco Flotron Howard Kenney
Lybyer Melton Quick Rohrbach
Schneider Singleton Staples Westfall
Wiggins--13

Absent--Senator Goode--1

Absent with leave--Senators
Kinder Moseley Scott--3

SENATE BILLS FOR PERFECTION

Senator McKenna moved that SB 597 and SB 729, with SCS, be called from the Informal Calendar and taken up for perfection, which motion prevailed.

SCS for SBs Nos. 597 and 729, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILLS NOS. 597 and 729

An Act to amend chapters 376 and 379, RSMo, relating to the reorganization of certain mutual insurance companies by adding thereto thirteen new sections relating to the same subject.

Was taken up.

Senator McKenna moved that SCS for SBs 597 and 729 be adopted.

Senator McKenna offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for Senate Bills Nos. 597 and 729, Page 5, Section 379.982.2, Line 28, by striking the word "life" in said line.

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

Senator Johnson assumed the Chair.

Senator Ehlmann offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for Senate Bills Nos. 597 and 729, Page 1, Section 376.1305, Line 1, by inserting immediately after "376.1305" the following: "1."; and further on page 2, line 15 of said section by inserting immediately after said line the following:

"2. No mutual life insurance company may reorganize pursuant to sections 376.1300 to 376.1322 unless a majority of the total individual policyholders of the company approve the reorganization. Any policyholder is entitled to receive, at their own expense, a list of the names and addresses of all policyholders."; and

Further amend said bill, page 5, section 379.982, line 14, by inserting immediately after said line the following:

"2. No mutual insurance company may reorganize pursuant to sections 379.980 to 379.988 unless a majority of the total individual policyholders of the company approve the reorganization. Any policyholder is entitled to receive, at their own expense, a list of the names and addresses of all policyholders."; and further on line 15, by striking "2." and inserting in lieu thereof the number "3.".

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

Senator Caskey offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for Senate Bills Nos. 597 and 729, Page 2, Section 376.1305, Lines 10, 11 and 12, by striking the word "shall" on line 10, the word "unless" on line 11 and the word "not" on line 12 and inserting in lieu thereof the word "may" on line 10 and the word "if" on line 11.

Senator Caskey moved that the above amendment be adopted, which motion failed on a standing division vote.

Senator Quick assumed the Chair.

President Wilson assumed the Chair.

Senator Quick resumed the Chair.

Senator Schneider offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for Senate Bills Nos. 597 and 729, Page 2, Section 376.1305, Line 11, by striking the word "unless" and substitute "if" and amend line 12, by striking "not".

Senator Schneider moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Ehlmann, Goode, Russell and Singleton.

SA 4 was adopted by the following vote:

Yeas--Senators
Banks Bentley Caskey Clay
Curls DePasco Ehlmann Flotron
Goode House Howard Johnson
Klarich Lybyer Mathewson Maxwell
McKenna Melton Mueller Quick
Rohrbach Russell Schneider Sims
Singleton Staples Treppler Westfall
Wiggins--29

Nays--Senators--None

Absent--Senators--None

Absent with leave--Senators
Graves Kenney Kinder Moseley
Scott--5

Senator Caskey raised the point of order that SCS for SBs 597 and 729 is out of order in that the committee substitute goes beyond the scope and purpose of the original bills.

The point of order was referred to the President Pro Tem.

Senator Mueller raised the point of order that the point of order raised by Senator Caskey was out of order in that it was not timely.

The point of order was referred to the President Pro Tem who ruled it not well taken.

President Pro Tem Mathewson took the point of order raised by Senator Caskey under advisement, which placed the bill on the Informal Calendar.

Senator Schneider moved that SB 869, with SCS, SA 1, SSA 2 for SA 1 and the point of order (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

At the request of Senator Caskey, SSA 2 for SA 1 was withdrawn, rendering the point of order moot.

At the request of Senator Schneider, SA 1 was withdrawn.

Senator Schneider offered SS for SCS for SB 869, entitled:

SENATE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 869

An Act to repeal sections 14.040, 56.310, 56.765, 57.280, 57.290, 57.300, 57.955, 66.110, 67.133, 98.330, 141.380, 193.205, 210.160, 210.842, 302.020, 429.090, 429.120, 442.035, 452.330, 452.345, 452.395, 452.402, 452.423, 452.490, 452.610, 454.150, 455.205, 473.420, 473.618, 474.510, 476.053, 479.260, 479.261, 482.345, 483.310, 483.312, 483.500, 483.505, 483.510, 483.530, 483.535, 483.545, 483.550, 483.580, 483.591, 485.040, 485.130, 485.150, 490.130, 491.280, 492.590, 494.456, 494.480, 506.140, 506.320, 508.200, 508.210, 508.220, 508.230, 511.510, 512.050, 514.010, 514.020, 514.290, 514.300, 514.303, 514.320, 514.330, 514.335, 514.440, 514.450, 514.460, 514.470, 514.475, 514.480, 514.490, 517.151, 531.010, 531.020, 531.050, 531.060, 550.260, 550.300, 561.035, 590.140 and 595.045, RSMo 1994, and sections 302.137, 478.401 and 487.170, RSMo Supp. 1995, relating to the assessment, collection, disbursement and expenditure of moneys in judicial proceedings, and to enact in lieu thereof seventy-six new sections relating to the same subject, with penalty provisions and an effective date for certain sections.

Senator Schneider moved that SS for SCS for SB 869 be adopted.

Senator Banks offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 113, Section 5, Line 17 of said page, by inserting immediately after said line, the following:

"Section 6. Venue for any civil action involving the board of police commissioners, established pursuant to section 84.020, RSMo, shall be appropriate in the twenty-second judicial circuit."; and

Further amend the title and enacting clause accordingly.

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

Senator Klarich offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 48, Section 478.401, Line 14, by inserting immediately after said line, the following:

"479.040. 1. Any city, town or village with a population of less than four hundred thousand may elect to have the violations of its municipal ordinances heard and determined by an associate circuit judge of the [county] circuit in which the city, town or village, or the major geographical portion thereof, is located; provided, however, if such election is made, all violations of that municipality's ordinances shall be heard and determined before an associate circuit judge or judges. If a municipality has elected to have the violations of its municipal ordinances heard and determined by an associate circuit judge, the municipality may thereafter elect to provide for a municipal judge or judges to hear such cases; provided, however, if such later election is made, all violations of that municipality's ordinances shall be heard and determined before a municipal judge. Nothing in this subsection shall preclude the transfer or assignment of another judge to hear and determine a case or class of cases when otherwise authorized by provisions of the constitution, law, or court rule. Nothing in this section shall preclude an election made [under] pursuant to the provisions of subsection 4 of this section.

2. If, after January 1, 1980, a municipality elects to have the violations of its municipal ordinances heard and determined by an associate circuit judge, the associate circuit judge or judges shall commence hearing and determining such violations six months after the municipality notifies the presiding judge of the circuit of its election. With the consent of the presiding judge, the associate circuit judge or judges may commence hearing such violations at an earlier date.

3. Associate circuit judges of the [county] circuit in which the municipality, or major geographical portion thereof, is located shall hear and determine violations of municipal ordinances of any municipality with a population of under four hundred thousand for which a municipal judge is not provided.

4. Any city, town or village with a population of less than four hundred thousand located in a county which has created a county municipal court [under] pursuant to the provisions of section 66.010, RSMo, may elect to enter into a contract with the county to have violations of municipal ordinances prosecuted, heard, and determined in the county municipal court. If a contract is entered into [under] pursuant to the provisions of this subsection, all violations of that municipality's ordinances shall be heard and determined in the county municipal court. The contract may provide for a transition period after an election is made [under] pursuant to the provisions of this subsection.".

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

Senator Staples assumed the Chair.

Senator Clay assumed the Chair.

Senator Ehlmann offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 47, Section 476.053, Line 13, by inserting immediately after said line, the following:

"476.450. 1. Any person having reached the age of sixty-five years and having in this state served an aggregate of twelve years, continuously or otherwise, as a judge or commissioner of the supreme court, or as a judge or commissioner of any of the courts of appeals, or as a circuit judge, or as a judge of a court of criminal correction, or as a judge of a court of common pleas, or either or both as judge or commissioner of any of said courts, or as a commissioner of the family court division of a circuit court or as a commissioner of the juvenile court division of a circuit court, and who shall have ceased to hold such office by reason of the expiration of his term, or voluntary resignation or retirement by reason of having reached the age of seventy-five years, under section 25, article V, of the Constitution of Missouri, shall, if he so elects as hereinafter provided, be made, constituted and appointed a special commissioner or referee for and during the remainder of his life and shall, while he remains a resident of Missouri, be entitled to and shall receive as annual compensation, salary or retirement compensation during the remainder of his life a sum equal in amount to one-half the salary or compensation provided for by law on January 1, 1989, for the office from which he has retired, except as follows:

(1) For the period from August 13, 1986, until January 1, 1988, the annual compensation, salary or retirement compensation shall equal forty percent of the salary or compensation provided by law on August 13, 1986, for the office from which he has retired;

(2) For the period January 1, 1988, through December 31, 1988, the annual compensation, salary or retirement compensation shall equal forty-five percent of the salary or compensation provided by law on January 1, 1988, for the office from which he has retired.

2. A judge of the supreme court who ceased or ceases to hold office by reason of the expiration of his term, voluntary resignation, or retirement from the supreme court and who is sixty-five years of age or older and has served an aggregate of at least eight years or who is sixty years of age or older and has served an aggregate of at least twelve years, continuously or otherwise, as a judge of the supreme court may elect, before June 30, 1988, to be made, constituted and appointed a special commissioner or referee and shall receive as annual compensation, in lieu of the compensation provided by subsection 1 of this section, one-half of the salary or compensation provided by law at the time of such election under this subsection for the office from which he has retired. Said sum shall be payable monthly out of the general revenue of the state of Missouri.

476.515. 1. As used in sections 476.515 to 476.565, unless the context clearly indicates otherwise, the following terms mean:

(1) "Beneficiary", a surviving spouse married to the deceased judge continuously for a period of at least two years immediately preceding the judge's death or if there is no surviving spouse eligible to receive benefits under sections 476.515 to 476.570, the term "beneficiary" shall mean any unemancipated minor child of the deceased judge, who shall share in the benefits on an equal basis with all other beneficiaries;

(2) "Benefit", a series of equal monthly payments payable during the life of a judge retiring under the provisions of sections 476.515 to 476.570 or payable to a beneficiary as provided in sections 476.515 to 476.570; all benefits paid under sections 476.515 to 476.570 in excess of any contributions made to the system by a judge shall be considered to be a part of the compensation provided a judge for the judge's services;

(3) "Commissioner of administration", the commissioner of administration of the state of Missouri;

(4) "Judge", any person who has served or is serving as a judge or commissioner of the supreme court or of the court of appeals; or as a judge of any circuit court, probate court, magistrate court, court of common pleas or court of criminal corrections of this state; as a justice of the peace; or as commissioner of the probate division of the circuit court appointed after February 29, 1972, in a first class county having a charter form of government or in a city not within a county; or as commissioner of the juvenile division of the circuit court appointed pursuant to section 211.023, RSMo, or as a commissioner of the family court division of the circuit court appointed pursuant to section 487.020, RSMo;

(5) "Salary", the total compensation paid for personal services as a judge by the state or any of its political subdivisions.

2. A surviving spouse whose benefits were terminated because of remarriage prior to October 1, 1984, shall, upon written application to the board within six months after October 1, 1984, have the surviving spouse's rights as a beneficiary restored. Benefits shall resume as of October 1, 1984.

476.681. 1. Any retired judge or retired commissioner of the family court division of a circuit court or retired commissioner of the juvenile court division of a circuit court receiving retirement benefits under any of the applicable provisions of this chapter, who is willing to serve as a senior judge, may make application for such service with the clerk of the supreme court on forms provided by the clerk. The application shall contain information relating to the prior legal and judicial experience of the applicant, the applicant's physical and mental health, and the times of the applicant's availability. The clerk may request physical or mental examinations of any applicant and may request that the applicant furnish or authorize the furnishing of any relevant medical or other health records. An application shall be submitted to the supreme court for approval or disapproval and shall be valid for a period of one year from the date of approval.

2. Upon written request of the chief judge of any district of the court of appeals or the presiding judge of any circuit, the supreme court may appoint a senior judge from the file of approved applications maintained by the clerk of the supreme court. Appointments to serve shall be based on caseload and need, as determined by the supreme court in its discretion, taking into consideration reports filed pursuant to section 476.412, recommendations made by the judicial resources commission created herein and such other matters that the court deems relevant. The appointment may be made for a specific case or cases or for a specified period of time not to exceed one year. The appointment may be extended for additional periods of time not to exceed one year each if the appointed senior judge maintains an annual updated and approved application for appointment. Persons serving as a senior judge pursuant to the provisions of this section shall receive compensation as provided in section 476.682.

476.682. 1. Any person assigned as a senior judge pursuant to section 26 of article V of the Missouri Constitution shall receive for each day of service an amount that when added to the daily amount of annual compensation, salary or retirement compensation payable pursuant to sections 476.450 to 476.595, equals one hundred percent of the current annual salary of the office from which the judge or commissioner retired attributable to one day of service. For purposes of this subsection, one year shall equal two hundred thirty-five days.

2. A senior judge assigned pursuant to section 26 of article V of the Missouri Constitution for service outside the county where he resides shall be reimbursed for his travel and other actual and necessary expenses incurred in the performance of his services.

3. On or before the tenth day of each month a senior judge shall certify to the state courts administrator the period during the previous month during which he was assigned services and, if such services were completed, the date thereof and at the same time shall certify his expenses incurred and allowable under this section. The state courts administrator shall then issue a warrant to the state treasurer for the payment of the salary and expenses to the extent and within limitations provided for in this section. The state treasurer upon receipt of such warrant shall pay the same out of any appropriations made for this purpose on the last day of the month during which the warrant was received by him.

4. On or before the twentieth day of each month the state courts administrator shall certify the period of service reported by each senior judge pursuant to subsection 3 of this section to the Missouri state employees' retirement system. Any senior judge accumulating two hundred thirty-five days of such service shall receive credit for one year of judicial service for purposes of sections 476.520 and 476.545, for each two hundred thirty-five days of service certified by the state courts administrator to the Missouri state employees' retirement system, except, if a pro rata portion of two hundred thirty-five days would cause the senior judge's total judicial service to equal twelve years, the Missouri state employees' retirement system shall credit the service at the time the pro rata portion is certified. Upon receipt of such certification, the retirement benefit of the senior judge shall be recalculated to reflect the attainment of twelve years; the adjusted benefit will become effective the first of the month following certification.

5. Notwithstanding the provisions of section 476.510 or 476.565, no person shall receive benefits pursuant to the provisions of this section if the person is engaged in the private practice of law or doing a law business.

6. The judicial conference of the state of Missouri shall annually report on the use of senior judges pursuant to this section. Such report shall include at least the number of senior judges assigned, the number of cases assigned and disposed of by senior judges, and the expenditures made for that purpose."; and

Further amend the title and the enacting clause accordingly.

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

Senator Westfall offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 25, Section 210.842, Line 24, by inserting immediately after said line the following:

"211.342. 1. In addition to all court fees and costs prescribed by law, a fee of ten dollars may be assessed as costs in each court proceeding filed in any court within the thirtieth judicial circuit for violations of the general criminal laws of the state, including infractions, or violations of county or municipal ordinances, except that no such fee shall be collected for nonmoving traffic violations, violations of fish and game regulations or in any proceeding when the proceeding or defendant has been dismissed by the court. For violations of the general criminal laws of the state or county ordinances, no such fee shall be collected unless it is authorized by the county government where the violation occurred. For violations of municipal ordinances, no such fee shall be collected unless it is authorized by the municipal government where the violation occurred. Such fees shall be collected by the official of each respective court responsible for collecting court costs and fines and shall be transmitted monthly to the treasurer of the county where the violation occurred.

2. The counties of the thirtieth judicial circuit shall use all fees received under this section to fund a juvenile detention facility if such facility is recommended by the circuit judge of such circuit as provided in section 211.341. The county commissions of the counties within the thirtieth judicial circuit may, by order pursuant to sections 70.210 to 70.320, RSMo, contract to pay the costs of such facility. Such costs include, but are not limited to, the costs of construction and maintenance of the facility as well as the costs of providing for the subsistence and education of the children placed in such facility."; and

Further amend said bill, page 114, section B, line 1, by inserting immediately after said line, the following:

"Section C. The provisions of section 211.342 shall terminate on January 1, 2005."; and

Further amend the title and enacting clause accordingly.

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

Senator Bentley offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 1, In the Title, Lines 16-17, by striking the words "assessment, collection, disbursement and expenditure of moneys in judicial proceedings" and inserting in lieu thereof the word "judiciary"; and

Further amend said bill, page 47, section 476.053, line 13, by inserting immediately after said line the following:

"476.515. 1. As used in sections 476.515 to 476.565, unless the context clearly indicates otherwise, the following terms mean:

(1) "Beneficiary", a surviving spouse married to the deceased judge continuously for a period of at least [two years] one year immediately preceding the judge's death or if there is no surviving spouse eligible to receive benefits under sections 476.515 to 476.570, the term "beneficiary" shall mean any unemancipated minor child of the deceased judge, who shall share in the benefits on an equal basis with all other beneficiaries;

(3) "Commissioner of administration", the commissioner of administration of the state of Missouri;

(5) "Salary", the total compensation paid for personal services as a judge by the state or any of its political subdivisions.

3. A surviving spouse who, on or after January 1, 1996, and before August 28, 1996, meets the qualifications of a beneficiary as defined in subdivision (1) of subsection 1 of this section shall be eligible to receive benefits as a beneficiary beginning August 28, 1996."; and

Further amend the title and enacting clause accordingly.

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

Senator Howard offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 1, In the Title, Line 6, by inserting immediately after "476.053," the following: "479.020,"; and further on lines 16-17, by striking all of said lines and inserting in lieu thereof the following: "judiciary, and to enact in lieu thereof seventy-eight"; and

Further amend said page, section A, line 5, by inserting immediately after "476.053," the following: "479.020," and further on page 2, line 6, by striking the word "seventy-six" and inserting in lieu thereof the word "seventy-eight"; and further on line 11, by inserting immediately after 478.401," the following: "479.020,"; and

Further amend said bill, page 48, section 478.401, line 13, by inserting immediately after said line, the following:

"479.020. 1. Any city, town or village, including those operating under a constitutional or special charter, may, and cities with a population of four hundred thousand or more shall, provide by ordinance or charter for the selection, tenure and compensation of a municipal judge or judges consistent with the provisions of this chapter who shall have original jurisdiction to hear and determine all violations against the ordinances of the municipality. The method of selection of municipal judges shall be provided by charter or ordinance. Each municipal judge shall be selected for a term of not less than two years as provided by charter or ordinance.

2. Except where prohibited by charter or ordinance, the municipal judge may be a part-time judge and may serve as municipal judge in more than one municipality.

3. No person shall serve as a municipal judge of any municipality with a population of seven thousand five hundred or more or of any municipality in a county of the first class with a charter form of government unless he be licensed to practice law in this state unless, prior to January 2, 1979, he has served as municipal judge of that same municipality for at least three years.

4. Notwithstanding any other statute, a municipal judge need not be a resident of the municipality or of the circuit in which he serves except where ordinance or charter provides otherwise. Municipal judges shall be residents of Missouri.

5. Judges selected under the provisions of this section shall be municipal judges of the circuit court and shall be divisions of the circuit court of the circuit in which the municipality, or major geographical portion thereof, is located. The judges of these municipal divisions shall be subject to the rules of the circuit court which are not inconsistent with the rules of the supreme court. The presiding judge of the circuit shall have general administrative authority over the judges and court personnel of the municipal divisions within the circuit. Notwithstanding the foregoing provisions of this subsection, in any city with a population of over four hundred thousand with full-time municipal judges who are subject to a plan of merit selection and retention, such municipal judges and court personnel of the municipal divisions shall not be subject to court management and case docketing in the municipal divisions by the presiding judge or the rules of the circuit court of which the municipal divisions are a part.

6. No municipal judge shall hold any other office in the municipality which he serves as judge. The compensation of any municipal judge and other court personnel shall not be dependent in any way upon the number of cases tried, the number of guilty verdicts reached or the amount of fines imposed or collected.

7. Municipal judges shall be at least twenty-one years of age. No person shall serve as municipal judge after he has reached his [seventieth] seventy-fifth birthday.

8. Within six months after selection for the position, each municipal judge who is not licensed to practice law in this state shall satisfactorily complete the course of instruction for municipal judges prescribed by the supreme court. The state courts administrator shall certify to the supreme court the names of those judges who satisfactorily complete the prescribed course. If a municipal judge fails to complete satisfactorily the prescribed course within six months after his selection as municipal judge, his office shall be deemed vacant and such person shall not thereafter be permitted to serve as a municipal judge, nor shall any compensation thereafter be paid to such person for serving as municipal judge.".

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

Senator Melton offered SA 7, which was read:

SENATE AMENDMENT NO. 7

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 91, Section 514.440, Line 18, by inserting after the word "of" on said line the following: "not to exceed".

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

Senator Howard assumed the Chair.

Senator Melton offered SA 8, which was read:

SENATE AMENDMENT NO. 8

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 52, Section 482.345, Lines 10-25, by striking all of said section from said bill; and further amend the title and enacting clause of said bill accordingly.

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

Senator Clay offered SA 9:

SENATE AMENDMENT NO. 9

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Page 4, Section 56.765, Line 30 by inserting immediately before said line, the following:

"50.640. 1. Except as otherwise provided in this section, all offices, departments, courts, institutions, commissions or other agencies spending moneys of the county shall perform the duties and observe the restrictions set forth in sections 50.540 to 50.630 relating to budget procedure and appropriations. The estimates of the circuit court, including all activities thereof and of the circuit clerk, shall be transmitted to the budget officer by the circuit clerk. The estimates of the circuit clerk shall bear the approval of the circuit court, however, such approval shall not be required for a city not within a county with a population of at least three hundred thousand. The budget officer or the county commission shall not change the estimates of the circuit court or of the circuit clerk without the consent of the circuit court or the circuit clerk, respectively, but shall appropriate in the appropriation order the amounts estimated as originally submitted or as changed, with their consent.

2. If the county governing body deems the estimates of the circuit court to be unreasonable, the governing body may file a petition for review with the judicial finance commission on a form provided by the judicial finance commission after the estimates are included in the county budget. An amount equal to the difference between the estimates of the circuit court and the amounts deemed appropriate by the governing body shall be placed in a separate escrow account, and shall not be appropriated and expended until a final determination is made by the judicial finance commission under this subsection. The form provided by the judicial finance commission shall include an opportunity for the governing body and the circuit court to state their positions in a summary fashion. If a petition for review is filed, the circuit court shall have the burden of convincing the judicial finance commission that the amount estimated by it and included in the budget is reasonable. In determining if the circuit court estimate is reasonable, the judicial finance commission shall consider the expenditures necessary to support the circuit court in relation to the expenditures necessary for the administration of all other county functions, the actual or estimated operating deficit or surplus from prior years, all interest and debt redemption charges, all capital projects expenditures, and the total estimated available revenues from all sources available for financing the proposed expenditures. In determining the reasonableness of any budget estimate involving compensation, the judicial finance commission shall also consider compensation for county employees with similar duties, length of service and educational qualifications. The judicial finance commission shall immediately order a settlement conference to determine if the matter can be resolved before ordering briefs and oral argument. The judicial finance commission, to the maximum extent practicable, shall resolve the dispute prior to the beginning of the fiscal year in question. The county governing body may file and prosecute a petition for review without representation by counsel."; and

Further amend the title and enacting clause accordingly.

Senator Clay moved that the above amendment be adopted, which motion failed.

Senator Caskey offered SA 10, which was read:

SENATE AMENDMENT NO. 10

Amend Senate Substitute for Senate Committee Substitute for Senate Bill No. 869, Pages 108-112, Section 1, by deleting said section; and further amend the title and enacting clause accordingly.

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

Senator Schneider moved that SS for SCS for SB 869, as amended, be adopted, which motion prevailed.

On motion of Senator Schneider, SS for SCS for SB 869, as amended, was declared perfected and ordered printed.

MESSAGES FROM THE HOUSE

The following messages were 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 taken up and passed HCS for HB 1249, entitled:

An Act to repeal section 86.260, RSMo 1994, and sections 86.253, 86.256, 86.280, 86.283 and 86.287, RSMo Supp. 1995, relating to certain police retirement systems, and to enact in lieu thereof seven new sections relating to the same subject.